CHAPTER 403

FORMERLY

SENATE BILL NO. 496

AN ACT AUTHORIZING THE TRANSFER OF GENERAL FUND POSITIONS FROM EXECUTIVE BRANCH AGENCIES TO THE STATE PERSONNEL OFFICE FOR PURPOSES OF PROVIDING EMPLOYMENT FOR QUALIFIED MENTALLY HANDICAPPED CITIZENS.

WHEREAS, Governor Pierre S. du Pont, IV, in Executive Order #74 declared a policy assuring full opportunity for participation and advancement in State employment for handicapped citizens and directed the vigorous recruitment of handicapped citizens for all categories of State employment; and

WHEREAS, Governor du Pont re-emphasized that policy and program in stating, "We further state the intention to achieve this objective by active recruitment, selection, training and advancement of qualified handicapped citizens who demonstrate the ability to perform the essential functions of various state positions with reasonable accommodation to the specific handicapping condition; and

WHEREAS, a broad group of handicapped citizens and organizations representative of the handicapped believe that the employment of qualified mentally handicapped citizens will give further effect to the State's commitment to hire the handicapped by providing the opportunity for specialized employment in State agencies.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. The Budget Director and Director of Personnel are authorized to identify and designate a total of ten (10) General Fund positions within the Executive Branch Agencies for transfer to the State Personnel Office, based upon but not limited to the following criteria:

"(a) The General Fund position identified for transfer must have been vacant for three (3) months or more and deemed not critical by the Budget Director and the Director of Personnel; and

Such other factors or conditions deemed appropriate by the Budget Director and Director of Personnel; and

The identification and transfer of the ten (10) General Fund positions shall be accomplished on or before September 30, 1984."

Section 2. Upon identification and designation of the ten (10) General Fund positions in accordance with Section 1, the Budget director shall transfer such positions, together with the salary and benefits funds appropriated for such positions, from the Executive Branch Agencies to the State Personnel Office.

Section 3. Upon transfer of the ten (10) General Fund positions from the Executive Branch Agencies to the State Personnel Office, the Director of Personnel shall:

Re-classify the then (10) General Fund positions which have been transferred to the State Personnel Office, to the class title of Generic Agency Aide; and

Allocate the General Funds, which have been transferred to the State Personnel Office, in the amount necessary to provide for the salaries and benefits of the ten (10) Generic Agency Aide positions at pay grade 5, step 2; and

Determine through on-site evaluation, and with the assistance of Executive Branch Agencies and the Association for Retarded Citizens, areas within those various agencies where a Generic Agency Aide may be employable; and

Upon written request from an Executive Branch Agency employ, on the recommendation of the Association for Retarded Citizens, a qualified mentally handicapped citizen as a Generic Agency Aide and assign the employee to work in a position within that Executive Branch Agency; and

Monitor and evaluate, together with the Association for Retarded Citizens, on a regular periodic basis, the training and progress of the Generic Agency Aides within the various agencies.

Section 4. Upon the assignment by the Director of Personnel, of a Generic Agency Aide to an Executive Branch Agency, the agency shall:

(b) Provide, in conjunction with the Association for Retarded Citizens, "On the Job Training Project", sufficient training and job evaluation support to enable the Generic Agency Aide to become employed in a regular, allocated position within the agency.

Section 5. When a Generic Agency Aide qualifies for and is appointed to a regular, allocated position within an Executive Branch Agency the appointing authority shall notify the Director of Personnel, in writing, of such transfer and promotion.

Section 6. When a Generic Agency Aide position in the State Personnel Office becomes vacant either through transfer and promotion or otherwise, the position shall be available for the employment of an additional qualified mentally handicapped citizen as a Generic Agency Aide.

Section 7. This Act shall become effective with the Governor's signature.

Approved July 18, 1984.