TITLE 29

State Government

Public Officers and Employees

CHAPTER 59. MERIT SYSTEM OF PERSONNEL ADMINISTRATION

Subchapter I. Definitions and Exclusions


(a) As used in this chapter, unless the context requires a different meaning:

(1) "Agency" means any agency, board, department, bureau or commission of this State which receives an appropriation under the general appropriation act of the General Assembly.

(2) "Board" means the Merit Employee Relations Board created by this chapter.

(3) "Board member" means a member of the Board.

(4) "Classified service" or "state service" shall have the meaning as set forth in § 5903 of this title.

(5) "Director" means the Director of the Office of Management and Budget appointed pursuant to this chapter.

(6) "Merit comparable positions" means those positions which for salary determination purposes, are assigned, pursuant to the State Budget Act, classification titles and/or pay grades that are comparable to the titles and/or pay grades of similar positions in the classified service.

(7) "Rules" means those rules adopted by the Board pursuant to this chapter.

(b) The definitions of terms appearing in § 1301 of Title 19 shall also apply to this chapter.

29 Del. C. 1953, § 5901; 55 Del. Laws, c. 443, § 1; 56 Del. Laws, c. 376, § 1; 68 Del. Laws, c. 215, § 1; 69 Del. Laws, c. 436, § 9; 75 Del. Laws, c. 88, § 20(6).;

The general purpose of this chapter is to establish for this State a system of personnel administration based on merit principles and scientific methods governing the employees of the State in the classified service consistent with the right of public employees to organize under Chapter 13 of Title 19.

29 Del. C. 1953, § 5902; 55 Del. Laws, c. 443, § 1; 56 Del. Laws, c. 376, § 2.;

Unless otherwise required by law, as used in this chapter, "classified service" or "state service" means all positions of state employment other than the following positions, which are excluded:

(1) Members of the General Assembly and others elected by popular vote and persons appointed to fill vacancies in elective offices.

(2) Officers and employees of the Senate and House of Representatives of the General Assembly.

(3) Election officers.

(4) Heads of state agencies, members of boards and commissions and the chief administrator employed by each board or commission.

(5) One principal assistant or deputy and 1 private secretary for each head of a state agency.

(6) Officers and employees in the office of the Governor.

(7) Assistant Public Defenders, Deputy Attorneys General, and state detectives appointed by the State Attorney General.

(8) Physicians or lawyers acting primarily in a professional capacity and not in an administrative capacity, except those physicians or lawyers employed by the State on a full-time basis.

(9) Persons employed as consultants in a professional or scientific capacity to conduct a temporary and special inquiry, investigation, examination or service on behalf of the General Assembly or a committee thereof, or by authority of the Governor or by authority of a head of a state department, agency, board or commission.

(10) Patient or inmate help in charitable, penal, correctional and other state institutions.

(11) Personnel in the military service of the State.

(12) All employees of each state school district, special school district and charter schools, all employees of the Department of Education and all employees who teach in state institutions pursuant to unit allocations as set forth in § 1703 of Title 14.

(13) All employees of the University of Delaware and of Delaware State University.

(14) Trustees of the University of Delaware and Delaware State University.

(15) Persons engaged in public work conducted jointly with the federal government, with other states or their political subdivisions or with political subdivisions in this State, except certain covered employees of the Department of Agriculture as defined by § 304 of Title 3.

(16) All judges or other members of the state judiciary, referees, jurors and others appointed by the judiciary, but excluding all other employees of the Court of Common Pleas, with the exception of the Court Administrator, Deputy Court Administrator, Judicial Case Management Administrator, Judicial Operations Managers, Chief of Court Security, Chief Electronic Court Reporter, Investigative Supervisor, Controller, Management Analysts, Human Resource Specialist, Court Security Officer Supervisor, Court Security Officers I and II, and 1 judicial secretary for each judge, and the Justice of the Peace Court system with the exception of the Court Administrator, Operations Managers, Judicial Operations Managers, Investigative Supervisor, Controller, Fiscal Administrative Officer, Family Services Program Support Administrator, Management Analysts, Judicial Secretary, Administrative Specialists, Chiefs of Court Security and Human Resource Specialists. The staff attorney and law clerk positions in the Court of Common Pleas and the Justices of the Peace Courts shall be exempt positions and shall be excluded from classified service. Any incumbent occupying a position that is "classified" by the Director of the Office of Management and Budget in compliance with this section shall be considered qualified without further testing, and shall be continued in the position without loss of compensation. Future hirees into any classified position in the Justice of the Peace Courts vacated subsequent to July 15, 1976, will be made in accordance with this chapter.

(17)a. Casual seasonal employees may be employed by the State on a temporary basis in order to assist agencies in the following situations:

1. Casual assistance — employee is needed on a sporadic or on-call basis where hours cannot be predetermined and vary greatly from week to week. Such employees may be used as needed.

2. Seasonal assistance — employee is needed for peak operating seasons not to exceed 9 months.

3. Institutional assistance — employee is needed to provide optimum staffing levels for clients or to maintain security in an institution. Such employees may be used as needed.

4. Part-time assistance — employee works less than 30 hours per week on a consistent basis. Such employees may be used as needed.

5. Project assistance — employee performs duties related to a specific project that has defined objectives and an established time period of completion that does not exceed 1 year.

6. Primary incumbent replacement — employee is needed to fulfill the job responsibilities of the primary incumbent who is unable to perform such responsibilities for an extended period of time. Such employees may be used for a maximum of 9 months or the length of time the incumbent is unable to perform the job responsibility, whichever is less.

7. Intern — employee is a college student enrolled in an academic program and working to gain job related experience. Such employees may be used for a maximum of 9 months.

8. Co-op student — employee is a high school or college student enrolled in an academic program who is working to gain job related experience. Such employees may work part time during the school year and full time during times when school is not in session and may be used as needed.

9. Summer/School break assistance — employee is hired for a specific time period and uses this employment as an introduction to government and its services. Such employees may be used for a maximum of 9 months.

b. The term durational is not applicable to any classification of employee employed by the State of Delaware.

c. Agencies that experience circumstances that require the use of casual seasonal employees that are not defined in subsection (a) of this section must submit a request to the Director of the Office of Management and Budget and the Controller General for approval. Upon completion of 1 year of work from casual seasonal employee, the Director of the Office of Management and Budget and the Controller General must review the agency need for such casual seasonal employment.

(18) Members and employees of the Delaware State Police.

(19) All employees of the Delaware Institute of Technology.

(20) All members and employees of the Legislative Council, except that the exclusion granted by this subdivision shall not extend beyond and shall terminate on June 30, 1970.

(21) One position within the Division of State Banking Commission, Department of State in addition to those listed in subdivision (5) of this section.

(22) Employees appointed to exceptional employment positions pursuant to § 5904A of this title during the trial work period.

(23) Positions designated as exempt by either the determination by the Director of the Office of Management and Budget and Controller General or via budget epilogue language.

Any classified employee leaving the classified service to accept a position under paragraph (4), (5), (6) or (23) of this section shall automatically be granted an extended leave of absence. Upon completion of such appointment, the Director of the Office of Management and Budget shall place the employee in a classified position for which the employee meets minimum qualifications in the same or a lower pay-grade as the position that the employee held when leaving the classified service. The salary shall be paid at no less than the equivalent pay grade and percentage of the pay grade midpoint from which the employee took this leave of absence.

(24) One position within the Division of Public Health, Department of Health and Social Services, for a dental director.

(25) One position within the Division of Social Services, Department of Health and Social Services, for a chief physician.

29 Del. C. 1953, § 5903; 55 Del. Laws, c. 443, § 1; 56 Del. Laws, c. 184; 57 Del. Laws, c. 110; 59 Del. Laws, c. 348, § 6; 59; 59 Del. Laws, c. 555, § 1; 60 Del. Laws, c. 539, § 7; 60 Del. Laws, c. 624, § 1; 61 Del. Laws, c. 461, § 1; 63 Del. Laws, c. 142, § 46; 64 Del. Laws, c. 291; 64 Del. Laws, c. 439, § 3; 65 Del. Laws, c. 87, § 39; 66 Del. Laws, c. 182, § 1; 67 Del. Laws, c. 281, § 74; 67 Del. Laws, c. 339, § 1; 68 Del. Laws, c. 169, § 1; 69 Del. Laws, c. 49, § 1; 69 Del. Laws, c. 67, § 2; 70 Del. Laws, c. 111, § 2; 70 Del. Laws, c. 425, § 25; 73 Del. Laws, c. 181, §§ 1, 2; 73 Del. Laws, c. 310, §§ 6, 18; 74 Del. Laws, c. 68, § 40; 74 Del. Laws, c. 164, § 1; 74 Del. Laws, c. 309, § 31; 75 Del. Laws, c. 88, §§ 20(6), 21(13), 25(2), 26(2); 76 Del. Laws, c. 280, § 424; 77 Del. Laws, c. 333, § 1; 79 Del. Laws, c. 71, § 1; 79 Del. Laws, c. 339, § 1.;

Any employee whose position has been in an exempt status under § 5903(4) and (5) of this title who, as the result of a reorganization of state government approved by the General Assembly, is thereafter assigned to a position in the classified service, shall have such position classified by the Director of the Office of Management and Budget and an appropriate title and pay grade assigned thereto, in accordance with this chapter and the rules and regulations promulgated under this chapter. Any such employee shall be continued in such employee's newly assigned position without an examination requirement, unless subsequently separated from such position as provided by law.

29 Del. C. 1953, § 5904; 57 Del. Laws, c. 582, § 2A; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 20(6).;

Employment of persons with mental or physical disabilities in a Selective Placement Program or an Agency Aide Program shall be administered by the Human Resource Management Administrator or the Administrator's designee. Such employment shall be by appointment without competitive recruitment and without listing on a referral list. Employment through the Selective Placement Program is limited to 12 months. Each appointee in the Selective Placement Program who successfully completes a trial work period, or passes a competitive examination, may be considered for permanent employment or probationary employment in the classified service. An appointment through the Agency Aide Program is of indefinite duration. Before any appointment is made, the Human Resource Management Administrator or their designee shall advise the applicant of the availability of benefits counseling resources, which offer information or guidance on the effect of employment on public benefits including income from the Social Security Administration.

74 Del. Laws, c. 164, § 3; 75 Del. Laws, c. 88, § 20(6); 75 Del. Laws, c. 350, § 85; 76 Del. Laws, c. 124, § 1.;

(a) State employees in the exempt positions enumerated in subsection (d) of this section shall accrue sick leave at the rate of 9.5 hours for each completed calendar month of state service.

(1) Such employees shall have unlimited accrual privileges on unused sick leave.

(2) Sick leave accrual for purposes of cash payment upon separation from state service shall not exceed a maximum of 675 hours.

(b) State employees in the exempt positions enumerated in subsection (d) of this section shall accrue annual leave 13.25 hours for each completed calendar month of service.

(1) Annual leave carried over into a new calendar year may not exceed twice the exempt employee's annual accrual rate. This determination shall be made as of December 31 of each calendar year, although it shall be possible to accrue and carry in excess of twice the annual accrual rate during the course of a calendar year.

(2) Secretaries of executive departments and/or agency heads are responsible for maintaining a record of their own and their employee's leave accrual and usage. Such records shall be reviewed by the employee annually during the month of December and such review shall be made a part of the employee's leave record.

(c) State employees in exempt positions enumerated in subsection (d) of this section, upon termination of state service, shall be compensated for unused annual leave and sick leave consistent with current merit rules. This section also applies to retired Delaware State Police who return to state service and who otherwise meet the eligibility requirements for retirement under the Delaware State Employees Pension Plan.

(d) The leave regulations set forth in this section shall only apply to those full-time appointed exempt positions except elected officials, judges (excluding justices of the peace), casual and seasonal employees, temporary employees and interns.

66 Del. Laws, c. 248, § 1; 69 Del. Laws, c. 291, §§ 31-33; 70 Del. Laws, c. 118, § 31; 70 Del. Laws, c. 314, § 1; 73 Del. Laws, c. 181, § 3; 75 Del. Laws, c. 20, § 1.;