§ 5915 — Classification; uniformity; appeal of classification

Delaware § 5915

• Jurisdiction: Delaware
• Title: 29
• Part: Public Officers and Employees
• Ch. 59: MERIT SYSTEM OF PERSONNEL ADMINISTRATION
• Subch.: Rules

Text

(a) 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.

(b) After approval of such maintenance review classifications determination by the Secretary and the Director of the Office of Management and Budget and Controller General, the Secretary shall notify the agency and employee of the results. The maintenance review classification determination shall become effective on the following July 1.

(c) Any maintenance review classification determination may be appealed to the Merit Employee Relations Board by any affected employee or agency within 30 calendar days of notification. The Merit Employee Relations Board shall hear all maintenance review classification appeals before it in chronological order, beginning with the oldest such appeal unless all parties are in agreement with other such arrangements.

(d) Within 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 30 calendar days, the independent reviewer must submit a written independent finding to the Board, and copy to the employee and the Secretary. In unusual circumstances, the Board may authorize the independent reviewer an additional 30 calendar days to complete the review.

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

(f) If the findings of the independent reviewer are accepted by the employee and the Secretary, the Board shall also accept the findings.

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

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

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

(1) The findings of the independent reviewer;

(2) The Secretary’s initial determination;

(3) The Secretary’s response to the independent reviewer’s findings;

(4) The employee’s response to the independent reviewer’s findings;

(5) The oral argument;

(6) The consistency with other existing classified positions of a similar nature; and

(7) The minimization of the number of classifications.

(j) 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.

(k) In the event that the Secretary 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.

Legislative History

29 Del. C. 1953, § 5915; 55 Del. Laws, c. 443, § 1 ; 68 Del. Laws, c. 215, § 2 ; 69 Del. Laws, c. 436, § 9 ; 70 Del. Laws, c. 271, § 1 ; 75 Del. Laws, c. 88, §§ 20(6), 21(13), 34 ; 76 Del. Laws, c. 280, § 135 ; 81 Del. Laws, c. 66, § 37