DEPARTMENT OF ADMINISTRATIVE SERVICES
MERIT Employee Relations Board
Public Notice
Proposed Changes To State of Delaware Merit Rules
Merit Employee Relations Board, Rule 10, Certification
PLEASE TAKE NOTICE that on August 1, 2002, pursuant to 29 Del.C. §5914 and 29 Del.C. ch. 101, proposed changes in two (2) Rules in Chapter 10 of the Merit Rules have been transmitted to the Merit Employee Relations Board of the State of Delaware (“MERB”) from the Director of the Office of State Personnel (“Director”). The proposed changes, which the Director asserts have been approved by both the Director and by the Statewide Labor-Management Committee, would modify Merit Rule No. 10.0230 and Merit Rule No. 10.0240.
The stated basis for the proposed changes are legislative modifications of the Delaware Statutes governing State Classified Service and the Merit Rules:
By 72 Del. Laws. c. 359, the provisions of 29 Del.C. §5921 [relating to the appointment of the highest ranking candidates] was modified by the Delaware General Assembly by deleting the second sentence which read “The rules shall not require the employing agency to interview more than 1 person on such list.” and substituting in its place a new sentence reading “These rules shall not require an employing agency with less than 200 full time employees to interview more than 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 5 persons on such list.”
As a result of the legislative change, the Director has proposed that Merit Rule No. 10.0230 be modified as follows:
Rule No. 10.0230 Any candidate whose name appears on a certified list may be considered to full the vacancy for which the list was requested. Agencies with 200 or more full-time employees shall interview at least five candidates from the list if there are at least five names on the list. Agencies with fewer than 200 full-time employees shall interview at least one candidate from the list. If Should the list be is unsatisfactory, it may be returned and subsequent new lists may be requested, provided the reasons for rejection accompany the returned list.
By 73 Del. Laws. c. 142, the provisions of 29 Del.C. §5919 [relating to eligibility lists] was modified by the Delaware General Assembly by deleting 29 Del.C. §5919 in its entirety and replacing it with a new §5919 which reads:
The rules shall provide for the establishment of eligibility 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 15 candidates, in which case the names of the successful candidates may be listed in alphabetical order. Eligibility for appointment from any such list shall continue for not more than 3 years. Vacant positions in pay grades 1-4 will be filled by agency recruitment efforts unless an eligibility list is required by federal law for that position.
The Director has proposed the following change to Merit Rule No. 10.0240 :
Merit Rule No. 10.0240 Eligibility lists must be rank ordered in accordance with procedures outlined by the Director.,except that if the number of qualified candidates is less than 15, the In those circumstances where there are no ranking procedures in place and the number of qualified candidates is equal to or fewer than the maximum number to be certified, names may be certified in alphabetical order. In those instances, the appointing authority must shall be informed that the list is in alphabetical order.
On January 9, 2003, the MERB will conduct a Public Hearing on the proposed Merit Rule changes submitted by the Director. The hearing will begin at 9:30 a.m. in the 2nd Floor Conference Room of the Margaret M. O’Neill Building, 410 Federal Street, Dover, Delaware.
The MERB will also receive and consider timely filed written submissions from interested individuals and groups concerning the proposed Merit Rule changes. The final date for any such written submissions is the date set forth above for the public hearing. Any such submissions should be mailed or delivered to the following address:
Merit Employee Relations Board
Margaret M. O’Neill Building, Suite 213
410 Federal Street
Dover, Delaware 19901
PLEASE NOTE pursuant to 24 Del.C. §5914, the changes as proposed by the Director will shall become final upon the completion of the public hearing, unless rejected by a majority of the members appointed to the Board. Anyone wishing to obtain copies of the Director’s written filing with MERB or to present oral comments at the hearing should call Ms. Jean Lee Turner the Merit Employee Relations Board at (302) 739-6772.
Chapter 10.0000 Certification
10.0100 Request for Certification
Whenever an appointing authority desires to fill a position, a request for certification of eligibles shall be completed following the procedure prescribed by the Director.
10.0200 Certification of Eligibles
Upon receipt of a request for certification, the appointing authority shall certify all names from layoff list that exists for the class, names of former employees approved for reinstatement, current employees eligible for transfer and no more than 5 or 15% of the eligible candidates, whichever is the greater number.
10.0210 If the appointing authority requests names to fill more than one position, the number of names certified shall be increased by twice the number of additional vacancies.
10.0220 While an appointing authority is considering names from a certified list, subsequent requests may be received for certified lists using the same eligibility register for other vacancies. The number of names on each certified list will be determined in accordance with l0.02l0, that is, the number of names shall be increased by two (from the base of l5% or 5) for each prior outstanding vacancy being considered from the same employment register.
l0.0230 Any candidate whose name appears on a certified list may be considered to full the vacancy for which the list was requested. Agencies with 200 or more full-time employees shall interview at least five candidates from the list if there are at least five names on the list. Agencies with fewer than 200 full-time employees shall interview at least one candidate from the list. If Should the list be is unsatisfactory, it may be returned and subsequent new lists may be requested, provided the reasons for rejection accompany the returned list.
l0.0240 Eligibility lists must be rank ordered in accordance with procedures outlined by the Director.,except that if the number of qualified candidates is less than 15, the In those circumstances where there are no ranking procedures in place and the number of qualified candidates is equal to or fewer than the maximum number to be certified, names may be certified in alphabetical order. In those instances, the appointing authority must shall be informed that the list is in alphabetical order.
10.0300 Residence
For tie breaking purposes, Delaware residents with identical final scores will be placed on the certified list.
10.0400 Veteran's Preference
Veterans and disabled veterans, as defined in Chapter 2 or their unremarried widows, shall receive five (5) additional and ten (10) additional points respectively upon successful completion of an examination for initial appointment to State employment only and that they may be required to present proof of honorable discharge, and in the case of disabled veterans, of disability.