TITLE 29

State Government

Public Officers and Employees

CHAPTER 59. MERIT SYSTEM OF PERSONNEL ADMINISTRATION

Subchapter II. Board and Director


(a) The Merit Employee Relations Board shall consist of 5 Board members, including 2 management representatives, 2 labor representatives and a chairperson. The Governor shall appoint, with Senate approval, the members for a term of 3 years, or until their successors are appointed; provided however, that members may be removed at the pleasure of the Governor.

(b) When appointed, members shall be residents of this State for at least 3 years immediately preceding their appointments. One member shall reside in the City of Wilmington, 1 shall reside in the remainder of New Castle County, and 1 each shall reside in each of the other 2 counties of the State. The 5th member may reside anywhere in the State. The qualifications for members shall continue during their term of office.

(c) The Director of the Office of Management and Budget, or the Director's designee, shall be the liaison between the Board and the Office of Management and Budget and shall attend all meetings of the Board. The Director shall not participate in the deliberation of any cases before the Board, nor sit with members of the Board, during the hearing or deliberations. The Director or the Director's designee shall be limited to representing and/or testifying on behalf of the Office of Management and Budget and other state agencies before the Board.

(d) The Merit Employee Relations Board shall have clerical and legal support staff separate from the staff of the Office of Management and Budget, and such staff shall be located separate from the Office of Management and Budget.

29 Del. C. 1953, § 5906; 55 Del. Laws, c. 443, § 1; 69 Del. Laws, c. 436, § 1; 75 Del. Laws, c. 88, § 20(6).;

In addition to the duties set forth elsewhere in this chapter, and consistent with the right of public employees to organize under Chapter 13 of Title 19, the Board shall:

(1) Request that the Director of the Office of Management and Budget investigate problems or complaints arising from the implementation of the Merit System and the effect of merit policies and procedures on employees in the classified service;

(2) Appoint 1 or more members from its own membership to act as representatives of the Board at any meeting where such representation is deemed desirable;

(3) Require the Director to submit all proposed Merit Rule revisions to the statewide Labor-Management Committee for review and comment prior to submission to the Board for public hearing and adoption; and

(4) Make an annual report to the Governor, and special reports and recommendations upon the Governor's request.

29 Del. C. 1953, § 5907; 55 Del. Laws, c. 443, § 1; 56 Del. Laws, c. 376, § 3; 69 Del. Laws, c. 436, § 2; 75 Del. Laws, c. 88, §§ 20(6), 25(2).;

(a) The Board shall meet as often as necessary to assure the timely disposition of cases. The Chair shall cause reasonable notice to be given to each Board member and the Director of the Office of Management and Budget of the time and place of each meeting. Three members shall constitute a quorum for the transaction of business at any meeting.

(b) Each Board member shall be paid $100 for each day devoted to Board business, not to exceed $4,000 annually. Members shall be entitled to reimbursement for travel in accordance with State guidelines.

29 Del. C. 1953, § 5908; 55 Del. Laws, c. 443, § 1; 64 Del. Laws, c. 90, § 50; 65 Del. Laws, c. 87, § 64; 69 Del. Laws, c. 436, § 3; 75 Del. Laws, c. 88, § 20(6).;

The General Assembly recognizes that appropriations may be needed if the Board is to carry out effectively this chapter. However, no change in pay rates shall take effect and no other expenses shall be incurred until an appropriation therefor shall have been made by the General Assembly.

29 Del. C. 1953, § 5909; 55 Del. Laws, c. 443, § 1; 69 Del. Laws, c. 436, § 9.;

The Director may designate 1 or more employees to act as the Director's deputy or deputies. At least 1 such deputy shall assist the Director with administration of the merit system insofar as it applies to the federally-aided agencies referred to in § 5952 of this title. In case of the Director's absence or inability to act, the Director's powers and duties shall devolve upon the deputy designated for such purpose.

29 Del. C. 1953, § 5912; 55 Del. Laws, c. 443, § 1; 57 Del. Laws, c. 582, § 2D; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 15.;

Repealed by 75 Del. Laws, c. 88, § 15, eff. July 1, 2005.;