CHAPTER 124

FORMERLY

HOUSE BILL NO. 109

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE MERIT SYSTEM OF PERSONNEL ADMINISTRATION.

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

Section 1. Amend § 5904A of Title 29 of the Delaware Code by deleting the phrase "without a competitive examination and without listing on an eligibility list" and by substituting in lieu thereof "without competitive recruitment and without listing on a referral list".

Section 2. Amend § 5917 of Title 29 of the Delaware Code by deleting said Section in its entirety and by substituting in lieu thereof the following:

"§ 5917. Competitive Recruitment.

(a) The rules shall provide for open competitive recruitment to test the relative fitness of applicants for positions in the classified service. Such recruitment shall be announced publicly at least seven (7) days prior to the date for filing applications therefore and may be advertised through the press, radio and other media.

(b) The Director of Management and Budget shall maintain a listing of those positions in the classified service that require the administration of a competitive examination. Examinations may be written or oral, or a combination of both, or they may be unassembled examinations, in which case the examining authority may evaluate specialized training and experience. Examinations shall be prepared by the Director of the Office of Management and Budget, after consultation with the appointing authority where appropriate.".

Section 3. Amend § 5918 of Title 29 of the Delaware Code by deleting the phrase "a qualifying examination certified" and by substituting in lieu thereof "a referral list issued".

Section 4. Further Amend § 5918 of Title 29 of the Delaware Code by deleting the word "examinations" as it appears in the first sentence therein and substituting in lieu thereof the word "recruitment" and by deleting the word "examination" as it appears in the last sentence therein and substituting in lieu thereof the word "recruitment".

Section 5. Amend § 5919 of Title 29 of the Delaware Code by deleting said Section in its entirety and by substituting in lieu thereof the following:

"§ 5919. Referral lists.

The rules shall provide for the establishment of referral lists for appointment and promotion. Such lists shall include the names of successful candidates in the order of their relative performance in the particular examinations, except where such lists contain fewer than 31 candidates, in which case the names of the successful candidates may be listed in alphabetical order. In the event that the score of the 30th name is tied with other candidates, all tied scores will be placed on the referral list even if it exceeds 30. Vacant positions in pay grades 1-5 will be filled by agency recruitment efforts unless a referral list is required by federal law for that position.".

Section 6. Amend § 5920 of Title 29 of the Delaware Code by deleting the word "examination" as it appears in the last sentence therein and substituting in lieu thereof the word "recruitment".

Section 7. Amend § 5921 of Title 29 of the Delaware Code by deleting the phrase "15 or the highest 15%, whichever is the greater number on the appropriate eligible list" as it appears therein, and by substituting in lieu thereof "30 on the appropriate referral list".

Section 8. Further Amend §5921 of Title 29 of the Delaware Code by deleting "The rules shall not require an employing agency with less than 200 full-time employees to interview more than one (1) person on such list. If the employing agency has 200 or more full-time employees, the rules shall require the employing agency to interview at least five (5) persons on such list." as it appears therein.

Section 9. Amend §5923 of Title 29 of the Delaware Code by deleting the word "examination" and substituting in lieu thereof the word "competition".

Section 10. Amend §5935 of Title 29 of the Delaware Code by deleting the phrase ", and who were Delaware residents at the time of their induction" as it appears therein.

Section 11. Amend § 5935(4) of Title 29 of the Delaware Code by deleting the phrase "obtain a passing examination mark" as it appears therein and substituting in lieu thereof the phrase "meet job requirements".

Section 12. Amend § 5937 of Title 29 of the Delaware Code by deleting said Section in its entirety.

Section 13. Amend §5939 of Title 29 of the Delaware Code by deleting said Section in its entirety.

Approved July 12, 2007