CHAPTER 271

FORMERLY

HOUSE BILL NO. 95

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE CLASSIFICATIONS.

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

Section 1. Amend Title 29, Delaware Code, striking the Section 5915 in its entirety and substituting in lieu thereof the following to read:

"§ 5915. Classification; Uniformity; Appeal of Classification.

The rules shall provide for the preparation, maintenance and revision of a position classification plan for all positions in the classified service and all merit comparable positions, based upon similarity of duties performed and responsibilities assumed so that uniform qualifications and pay ranges shall apply to all positions in the same classification.

After approval of such maintenance review classifications determination by the Director, State Budget Director and Controller General, the Director shall notify the agency and employee of the results. The maintenance review classification determination shall become effective on the following July I.

Any maintenance review classification determination may be appealed to the Merit Employee Relations Board by any affected employee or agency within thirty (30) calendar days of notification.

Within ten (10) calendar days of the filing of an appeal, the Board shall assign an independent reviewer, trained in job analysis, to evaluate the merits of the employee's appeal. Within thirty (30) calendar days, the independent reviewer must submit a written independent finding to the Board, and copy to the employee and the Director. In unusual circumstances, the Board may authorize the independent reviewer an additional thirty (30) calendar days to complete the review.

The employee and the Director shall have thirty (30) calendar days to accept the finding rendered by the independent reviewer and notify the Board.

If the findings of the independent reviewer are accepted by the employee and the Director, the Board shall also accept the findings.

If these findings are ignored or disputed by either the employee or the Director, the parties shall be notified and permitted to respond and the Board shall hold a hearing on the employee's appeal within sixty (60) calendar days.

At the hearing, the parties may present brief oral argument in support of their position.

The Board shall render a final and binding decision on the matter within fifteen (15) calendar days of the hearing. In rendering its decision, the Board shall consider the following criteria:

a. the findings of the independent reviewer;

b. the Director's initial determination;

c. the Director's response to the independent reviewer's findings;

d. the employee's response to the independent reviewer's findings;

e. the oral argument;

f. the consistency with other existing classified positions of a similar nature; and

g. the minimization of the number of classifications.

The Board shall have the authority to hire a staff of independent reviewers and contract for services in carrying out the provisions of this section.

In the event that the State Budget Director can demonstrate that sufficient funds are not available to fund the classification decisions rendered by this section, the effective date may be delayed until the beginning of the next fiscal year.

This Act shall become effective ninety (90) days after enactment."

Approved July 19, 1995