This chapter is adopted pursuant to and in compliance
with 9 Del. C. § 7006. It shall be known as the "Personnel
Ordinance."
It is hereby the declared personnel policy of
Sussex County that:
A. Employment in the County government shall be based
on merit and fitness, free of personal and political considerations.
B. Just and equitable compensation and conditions of
employment shall be established and maintained to promote efficiency
and economy in the operation of the County government.
C. Positions having similar duties and responsibilities
shall be classified and compensated on a uniform basis.
D. Appointments, promotions and other actions requiring
the application of the merit principle shall be based on systematic
tests and evaluations.
E. Continued
employment of classified employees as defined in this chapter shall
be subject to good behavior, the satisfactory performance of work,
compliance with work rules and standards of conduct, necessity for
the performance of work and the availability of funds.
F. Employment in the County government shall be free from discrimination,
harassment, or retaliation based on race, sex, sexual orientation,
gender identity, religion, national origin, age (40 and above), disability,
genetic information, marital status, political affiliation or any
other characteristic or activity protected by state or federal law.
Equal employment opportunities shall be provided in all aspects of
County government employment, including but not limited to recruiting,
hiring, promotion, discipline, layoffs or termination from employment,
compensation, benefits, educational assistance, and training.
Employment in the Sussex County government shall
be divided into three services: classified, unclassified and excluded.
A. Excluded service.
(1) The excluded service shall include the following:
(b) Members of appointed boards, commissions and advisory
committees.
(c) The Civil Defense Director and members of the Civil
Defense Agency covered under the State of Delaware personnel system.
(d) Persons hired by the County government to perform
services on a fee or fixed-cost basis, including but not limited to
consultants and the County Attorney.
(e) Employees hired under the Emergency Employment Act
of 1971 and other similar programs of this nature subsidized by the
federal government.
(2) Employees placed in the excluded service shall not
be included in the provisions of the personnel system, except that
the County government shall keep appropriate personnel records on
the persons in this service.
B. Unclassified service.
(1) The unclassified service shall include the following:
(a) The County Administrator.
(d) The Deputy Administrator.
(e) The Department Head of Planning and Zoning.
(f) The Department Head of Assessment.
(g) Chief Deputies of Recorder of Deeds, Marriage Bureau,
Register of Wills and Sheriff.
(h) The Clerk of the County Council.
(i) The Department Head of Emergency Operations.
(j) The Department Head of Human Resources.
(k) The Department Head of Economic Development.
(m) The Department Head of Emergency Medical Services.
(2) Subject to the provisions set in 9 Del. C. §
7006, employees in the unclassified service shall serve at the pleasure
of the County government and be exempt from provisions requiring competitive
examinations and other merit system procedures as specifically stated
in the employee rules and shall not be subject to the position classification
plan and pay plan developed as part of the personnel system, but employment
in these positions shall be subject to the Sussex County Personnel
Ordinance, and employees holding these positions shall also be eligible
for such employee benefits as are in effect during the time of their
employment.
(3) The Chief Deputy or, if there is no chief deputy,
the deputy employed by each elected officer of the County, shall be
possessed of all of the authority of their respective offices, and
in the absence, disability or death of the duly elected officer, the
chief deputy, or if there is no chief deputy, the deputy employed
by the elected officer, shall perform the duties of the office until
any vacancy created by the absence, disability or death of the elected
officer shall be filled as required by the Constitution or statutes
of the State of Delaware.
C. Classified service.
(1) The classified service shall include all County employees not included under Subsections
A and
B.
(2) Employees in the classified service are subject to
all provisions of the County personnel policies as set forth in the
Personnel Ordinance and elsewhere. Their hiring and promotion shall
be on the basis of open, advertised competitive procedures as set
forth in this chapter; their position will be in accordance with the
approved classification plan; and their remuneration will be as established
by the Council-approved pay plan as the basis for wage and salary
decisions.
D. Upon the effective date of this chapter, any employee of the County holding a position in the classified service shall have permanent status if he or she has held the present position for at least six months immediately preceding the effective date of this chapter or shall complete a probationary period of six months before acquiring permanent status if the position has been held for a period of less than six months immediately preceding the effective date of this chapter. Employment immediately preceding the effective date of this chapter shall be included as part of the probationary period. Employees who have not completed six months of service immediately preceding the effective date of this chapter shall be subject to an extension of their probationary period as provided in §
29-12.
E. The class in which each employee shall have status shall be determined in the manner provided in §
29-8.
F. The following sections of this chapter apply only
to the classified service unless otherwise specifically provided.
The Administrator, with the advice of the County Human Resources Director, may adopt personnel policies and practices that are not inconsistent with this chapter or state or federal law. In accordance with §
29-4A of this chapter, the County Council may reserve approval/disapproval authority over personnel actions at its discretion.
The Administrator shall encourage the improvement
of services by providing employees with opportunities for training,
which need not be limited to training for specific jobs but may include
training for advancement and for general fitness for public service.
The continued employment of every classified employee shall
be conditioned on good behavior, compliance with work rules and standards
of conduct, and the satisfactory performance of duties as indicated
by evaluation reports prepared by the department head or his/her designee
and reviewed by the Administrator. Any employee in the classified
and unclassified services may be temporarily separated or demoted
or permanently demoted or separated by resignation or dismissal as
designated by this section.
A. Whenever there is lack of work or lack of funds requiring reductions
in the number of employees in a department or division of the County
government, the required reduction shall be made in such job class
or classes as the department head or his/her designee may designate
and as may be concurred in by the Administrator, provided that employees
shall be laid off in the inverse order of their relative length and
quality of service, as determined by rules governing the evaluation
of service. Within each affected job class, all temporary employees
shall be laid off before probationary employees, and all probationary
employees shall be laid off before any permanent employees.
B. When, in the judgment of the Administrator, after consultation with
the department head or his/her designee, a nonprobationary classified
employee's work performance or conduct justifies disciplinary
action short of dismissal, the employee may be suspended by the Administrator
without pay.
C. A nonprobationary classified employee may be dismissed or demoted
whenever, in the judgment of the Administrator, after consultation
with the department head or his/her designee, the employee's
work or misconduct so warrants.
D. When the Administrator decides to impose a suspension of three or
more days without pay or dismissal, the Administrator or department
head or his/her designee shall notify the employee of the reason(s)
for the suspension and provide a summary of the facts supporting such
reason(s). The employee shall be given this information no later than
the effective date of the suspension or dismissal, and shall be given
a predetermination opportunity to be heard in opposition to the suspension
or dismissal in accordance with County policy and due process requirements.
The Administrator may suspend any nonprobationary classified employee
with pay and direct the employee's immediate departure or removal
from the workplace when in the judgment of the Administrator such
action is in the best interest of the County. In such cases, a predetermination
hearing shall be held as soon as practicable.
E. After the Administrator or department head or his/her designee has
provided the employee with the opportunity to be heard in opposition
to the suspension or dismissal, the Administrator or department head
or his/her designee shall issue a decision (the "decision") regarding
whether to suspend or terminate the employee. The Administrator or
department head or his/her designee may issue the decision orally
at the conclusion of the hearing or may take the matter under advisement.
In either case, the Administrator or department head or his/her designee
shall issue the decision in written form no later than the close of
business on the next business day after the day of the hearing. If
the decision is not announced at the conclusion of the hearing, the
Administrator or department head or his/her designee shall advise
the employee of whether the employee is suspended pending the decision
and, if so, whether the suspension is with or without pay. The decision
shall state the reason(s) why the action is being taken and shall
summarize the facts supporting the reason(s) for the action. A copy
of the decision shall be provided to the employee.
F. Nonprobationary classified employees whose employment is suspended
without pay for three or more days or who are dismissed from employment
may file an appeal with the Personnel Board ("the appeal"). The appeal
shall be filed by notifying the Administrator in writing within two
calendar weeks after the employee's receipt of the decision of
the employee's request for a hearing before the Personnel Board.
The appeal shall state the reasons that the employee disagrees with
the decision and shall summarize the facts supporting the appeal.
Failure to substantially comply with this requirement will result
in the dismissal of the appeal.
G. If the employee files an appeal and requests a Personnel Board hearing
as set forth in this section, the Personnel Board shall hold a hearing
within 21 calendar days after receiving the appeal unless the employee
requests additional time to prepare for the hearing. At the discretion
of the employee, the hearing may be private or open to the public,
and a complete record of all proceedings during the hearing may be
made should the employee be willing to bear the full cost of the preparation
of such a record.
H. The Personnel Board shall not review any documents or engage in any
discussions relating to the termination or suspension prior to the
hearing, except as needed for the purpose of issuing any subpoenas
requested by the employee or the Administrator. The Personnel Board
shall issue subpoenas to compel the attendance of witnesses who are
identified by the employee or the Administrator sufficiently in advance
of the hearing to permit service of the subpoenas. The Administrator
and the Personnel Board shall not be represented by the same counsel.
The County Attorney shall advise the Personnel Board. The Administrator
may retain counsel for the administration to represent the administration
in any matter brought to the Personnel Board. The employee may be
represented by counsel.
I. Hearings before the Personnel Board shall be recorded by stenographic
or other means. The Administrator (or counsel for the Administrator)
shall present evidence to support the reasons for the termination
or suspension. The employee may present evidence in opposition to
the termination or suspension. The employee and the Administrator,
or their counsel, may examine and cross-examine witnesses and submit
documents to the Personnel Board. Testimony before the Personnel Board
shall be under oath. The Personnel Board may also question witnesses.
The evidence presented before the Personnel Board shall be confined
to the matters that the Personnel Board deems relevant to the decision.
Formal rules of evidence shall not apply. The Personnel Board shall
advise the employee and Administrator as soon as practicable, and
no later than 15 business days after the conclusion of the hearing
J. If the Board finds the action was based on the employee's race, sex, sexual orientation, religion, national origin, age (40 and above), disability, genetic information, marital status, political affiliation, or any other characteristic or activity protected by law, or that the Administrator failed to substantially comply with the procedures outlined in Subsection
C, the employee shall be reinstated to his or her former position without loss of pay. In all other cases wherein the Board does not sustain the action of the Administrator, the Board's findings and recommendations shall be advisory in nature, and the Administrator may affirm the original action or modify it pursuant to the Board's recommendations.
K. An employee may resign by filing his or her reasons with the Administrator.
An employee resigning in good standing may be reinstated without competitive
examination to any position in the same class if there is need for
his or her services within two years after the date of resignation.
L. A classified employee may be demoted, transferred, or reassigned
whenever, in the judgment of the Administrator, after consultation
with the department head or his/her designee, the employee's
work performance, conduct, or the needs of the County so warrant.
The pay plan rules shall provide for changes in compensation resulting
from demotions. An employee who is demoted and who as a result suffers
a reduction in pay may appeal the Administrator's decision to
the County Personnel Board within two calendar weeks of date he or
she is notified of the decision. The appeal shall be governed by the
process set forth above.
The Administrator, in conjunction with the Director of Human
Resources, shall maintain adequate records of the proceedings of the
Personnel Board and of his or her own official acts, the examination
record of every candidate and the employment record of every employee.
Employee records shall be considered confidential, but each employee's
records shall be available to that employee during regular working
hours, and such records shall be available to the individual and the
Personnel Board in the event of any appeal based upon rights established
by law.
During the course of any investigation or hearing, the Personnel Board or the Administrator may request any employee of the County to attend and give testimony. The Personnel Board shall request the attendance of employees as requested by any employee appealing to the Board. Any employee refusing to do so may be subject to disciplinary action as provided in §
29-15.