(a) There are numerous elected or appointed officials who are also employed by state agencies, educational and other institutions, and political subdivisions of this State.

(b) The General Assembly believes that the taxpayers of this State should not pay an individual more than once for coincident hours of the workday.

(c) This State should have in place clear policies and procedures to ensure that the taxpayers of this State as a whole, and of the various political subdivisions of this State, are not paying elected or appointed officials from more than 1 tax-funded source for duties performed during coincident hours of the workday.

(d) As used in this subchapter:

(1) “Commission” means the Public Integrity Commission.

(2) “Dual compensation” means the receipt of compensation for coincident hours of work as an elected or appointed official and as an employee.

(3) “Dual employment” means simultaneously serving as an elected or appointed official and as an employee.

(4) “Elected or appointed official” means an individual elected or appointed to a paid office of this State or a political subdivision of this State.

(5) “Employee” means an individual employed by a state agency or political subdivision of this State other than as an elected or appointed official.

(6) “Institution of higher education” means any public or private educational institution located in this State which provides a program of education beyond the high school level and awards an associate’s, bachelor’s, or advanced degree and that receives moneys from this State, including by an appropriation in the annual appropriations act.

(7) “Political subdivision of this State” means a county, municipality, school district, authority, or other similar entity of this State authorized by law to impose taxes or spend public funds. “Political subdivision of this State” does not include an institution of higher education.

(8) “Public funds” means moneys appropriated by this State or any political subdivision of this State.

(9) “State agency” means as defined in § 5804 of this title. “State agency” does not include an institution of higher education.

(10) “Workday” means as follows:

a. For a state agency, as defined by other law or policy of this State.

b. For a political subdivision of this State, as defined by a law or policy adopted by the political subdivision of this State.

65 Del. Laws, c. 488, §  1;  85 Del. Laws, c. 20, § 1; 

(a) The pay of an employee must be reduced on a prorated basis for any workday time missed due to service as an elected or appointed official.

(b) The immediate supervisor of an employee who is also an elected or appointed official shall verify a time record stating specifically the number of hours the elected or appointed official worked as an employee. The immediate supervisor shall conduct this verification at least once each pay period.

(c) An immediate supervisor who verifies a time record under subsection (b) of this section shall keep the verified time record until the record is requested by the State Auditor under § 5823 of this title.

(d) A state agency or political subdivision of this State that has an elected or appointed official as an employee may permit the elected or appointed official to make up time during hours other than the workday for purposes of compensation. The immediate supervisor of an employee who is also an elected or appointed official shall verify a time record stating specifically the number of hours the employee made up during hours other than during the workday.

(e) An elected or appointed official who is also an employee may use vacation, personal, or compensatory time to which the elected or appointed official is otherwise entitled to make up for missed workday time related to service as an elected or appointed official.

(f) This subchapter applies to a school administrator who is also an elected or appointed official. If a school administrator does not have an immediate supervisor, the school administrator’s time record must be verified by the school administrator’s school board at the school board’s next regular or special meeting.

65 Del. Laws, c. 488, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 190, §§  1, 2;  85 Del. Laws, c. 20, § 2; 

(a) The State Auditor shall conduct an annual audit of the time records which have been kept by an elected or appointed official’s immediate supervisor or school board under § 5822 of this title to determine whether the elected or appointed official was paid from more than 1 tax-funded source for working coincident hours of the day.

(b) If the State Auditor finds a discrepancy in the records kept under § 5822 of this title, the State Auditor shall report the discrepancy to the Commission, for investigation under § 5810 of this title, and to the Department of Justice, for prosecution under § 876 of Title 11 (tampering with public records in the first degree) or any other law of this State.

65 Del. Laws, c. 488, §  1;  69 Del. Laws, c. 467, §  26;  85 Del. Laws, c. 20, § 3; 

(a) An elected or appointed official who is also an employee shall disclose the dual employment to the Commission within 15 days after the commencement of the dual employment.

(b) The disclosure under subsection (a) of this section must be made in a format prescribed by the Commission and must include information prescribed by the Commission to determine that sufficient measures or circumstances are in place to avoid dual compensation.

(c) After the disclosure under subsection (a) of this section, an elected or appointed official only has a duty to report to the Commission within 15 days after 1 of the following occurs:

(1) The elected or appointed official’s dual employment ends.

(2) The elected or appointed official begins employment with a different state agency or political subdivision of this State.

(d) If the Commission believes an elected or appointed official is receiving dual compensation, the Commission may request an audit by the State Auditor.

(e) If an employee is found to have received dual compensation in violation of this subchapter, the violation must be reported to the employer for corrective action under the employer’s applicable governing policies or law.

(f) Nothing in this section relieves an elected or appointed official of the elected or appointed official’s duty to file an annual financial disclosure statement with the Commission under § 5813 of this title.

85 Del. Laws, c. 20, § 4; 

(a) As used in this section, “institution of higher education” means any public or private educational institution located in this State which provides a program of education beyond the high school level and awards an associate’s, bachelor’s, or advanced degree and that receives moneys from this State, including by an appropriation in the annual appropriations act.

(b) An institution of higher education shall keep the records required to be kept under § 5822 of this title.

(c) Subsection (b) of this section applies to an institution of higher education regarding an employee of the institution of higher education paid in whole or in part with State funds.

(d) On request of the State Auditor, an institution of higher education shall provide the records required under subsection (c) of this section to the State Auditor.

(e) (1) If the State Auditor finds by case decision under subchapter III of Chapter 101 of Title 29 that an institution of higher education is knowingly in violation of subsection (b), (c), or (d) of this section, the State Auditor may impose an administrative penalty as follows:

a. For a first violation, $10,000 for the violation.

b. For a second or subsequent violation within 5 years of the first violation, $50,000 for the violation.

(2) If the State Auditor imposes an administrative penalty under paragraph (e)(1) of this section, the State Auditor shall report the violation and amount of administrative penalty imposed to the Public Integrity Commission, Department of Justice, and the Office of the Controller General.

(f) An institution of higher education shall retain the records required to be kept under this section for 5 years.

85 Del. Laws, c. 21, § 1;