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:
(a)
All elected officials.
(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.
(b)
The Director of Finance.
(c)
The County Engineer.
(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.
(l)
The County Librarian.
(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.
(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.
A.
The Personnel Ordinance established by this chapter shall be administered by the County Administrator as provided in 9 Del. C. § 7006. The County Administrator shall take such actions as necessary to ensure that all appointments, promotions, demotions and reductions in force concerning employees in the classified service are made solely on the basis of merit principles and in accordance with the provisions of § 29-15 of this chapter. The County Council may reserve approval/disapproval authority over personnel actions at its discretion.
B.
The County Administrator shall perform those specific
duties assigned him or her in 9 Del. C. § 7006 and any additional
duties which may be required and are authorized by this chapter or
the County Council.
A.
A Personnel Board shall be created in accordance with
9 Del. C. § 7006. The Board shall:
(1)
Advise the County Administrator and Director of Human
Resources on matters of personnel policy and problems of personnel
administration, including the development of personnel rules, a job
classification plan and a uniform pay plan.
(2)
Represent the public interest in the improvement of
personnel administration in the County.
(3)
Make any inquiry which it may consider desirable concerning
personnel administration in the County government and make recommendations
to the County Administrator and/or Council with respect thereto. In
this regard, the Board, each member of the Board and the Administrator
shall have the power to administer oaths, subpoena witnesses and compel
the production of papers and records pertinent to any investigation
authorized by this chapter.
(4)
Hear appeals presented by County employees or their
representatives and may render advisory opinions, based on its findings,
to the County Administrator with a copy to the employee concerned.
The County Attorney or his or her designee shall represent the Personnel
Board at appeals presented by County employees. The Personnel Board
shall adopt and follow hearing procedures that are consistent with
this chapter and due process requirements of state and federal law.
(5)
Review, hold hearings and make recommendations to
the Administrator on the personnel rules and other matters at the
discretion of the Administrator or Council.
B.
The members of the Board shall be compensated, for
each hearing which they attend, in the amount of $150 per member per
hearing. The Board shall not receive compensation for more than 10
hearings in any year without the prior approval of the County Council.
C.
One of the members of the Board shall be elected Chairman
by the members of the Board and shall serve a term of one year.
D.
Meetings and other proceedings shall be in accordance
with rules adopted by the Board, which shall be consistent with the
provisions of this chapter. Two members shall constitute a quorum.
A.
The County Administrator shall prepare such pay and
personnel rules and amendments thereto as may be necessary to carry
out the provisions of this chapter and 9 Del. C. § 7006(c).
Such rules shall be referred to the Personnel Board for its review
and recommendation.
B.
Within 30 days following the receipt of proposed rules
or amendments, the Personnel Board shall hold a public hearing for
the purpose of discussing and receiving comments upon the proposed
rules or amendments. Such public hearing shall be advertised by placing
notices in prominent places in the Sussex County Administration Building.
In addition, a notice of the public hearing shall be placed in a newspaper
having County-wide distribution at least 10 days prior to the date
of the hearing. Within 10 days after the hearing, the Personnel Board
shall return the proposed rules or amendments to the Administrator
with the recommendations of the Board.
C.
When approved by the Administrator, but within 30
days of their return from the Personnel Board, the rules shall be
submitted to the Council, which may adopt them by ordinance, with
or without amendment.
A.
The Administrator shall cause an analysis to be made
of the duties and responsibilities of all positions in the classified
service, and he or she shall recommend a job classification plan.
Each position in the classified service shall be assigned to a job
class on the basis of the kind and level of its duties and responsibilities,
to the end that all positions in the same class shall be sufficiently
alike to permit the use of a single title, the same qualifications
requirements, the same test of competence and the same pay scale.
B.
The initial classification plan and all revisions
thereto which involve the addition or deletion of classes shall be
submitted to the County Council by the Administrator. Revisions may
consist of the addition, abolishment, consolidation, division or amendment
of existing classes.
C.
Within 60 days after receiving the initial classification
from the Administrator, the Council shall approve a classification
plan.
A.
The County Administrator, in consultation with the
Director of Finance and the Director of Human Resources, shall prepare
a pay plan consisting of a listing of pay grades and ranges for each
grade. The rate or range for each class shall be such as to reflect
fairly the differences in duties and responsibilities and shall be
related to compensation for comparable positions in other places of
public and private employment.
B.
The Administrator shall submit the pay plan and the
rules for administration to the County Council after these rules have
been referred to the Personnel Board for its review and recommendation.
C.
Within 60 days after receiving the initial pay plan
from the Administrator, the Council shall adopt a pay plan and the
rules for administration. The Administrator shall assign each job
class to one of the pay ranges provided in the pay plan adopted by
the Council.
D.
The Administrator shall include a report of the suitability
of the pay plan in his or her annual budget recommendations to the
Council. Amendments either through adjustment of rates or by reassignment
of job classes to different pay ranges may be proposed at any time
during the year. The Council shall take action on the proposed amendments
within 60 days after submission by the Administrator. All amendments
shall apply uniformly to all positions within the same class.
A.
Original appointments to vacancies occurring after
this chapter becomes effective shall be based upon merit, as determined
by qualifications set forth in the classification plan. Compensation
for new appointments shall be as required by the pay plan rules.
B.
Application procedures and hiring and promotional
examinations shall be in such form as will fairly test the abilities
and aptitudes of candidates for the duties to be performed in conformance
with federal and state law.
C.
Candidates who qualify for employment shall be placed
on an eligible list for the appropriate job class.
D.
Preference in entrance examinations, but not in promotion,
shall be granted to qualified persons who have been members of the
Armed Forces of the United States and who seek to enter the service
of the County within five years immediately following their honorable
discharge from military service. Such preference shall be in the form
of points added to the final grades of such persons, provided that
they first achieve a passing grade. The preference may be five points
for nondisabled veterans and 10 points for persons currently receiving
compensation from the United States Veterans' Administration for service-incurred
disabilities. The rank order of such persons among other eligible
persons shall be determined on the basis of their augmented rating.
E.
Promotions.
(1)
Vacancies shall be filled by promotion from within
the County government whenever, in the judgment of the Administrator,
it is in the best interest of the County to do so. Promotions shall
be on a competitive basis, except where the Administrator finds that
the number of persons qualified for promotion is insufficient to justify
competition. Promotions shall give appropriate consideration to the
applicants' qualifications, record of performance and seniority, in
that order of importance.
(2)
A promotion shall consist of an increase in grade
in the pay plan as provided in the pay plan rules.
F.
Pending the availability of an eligible list determined
by the Administrator to be appropriate for a class, vacancies may
be filled by temporary appointment. Such appointments shall have a
maximum duration of six months and may not continue beyond one pay
period after the establishment of an appropriate eligible list.
G.
All hiring and promotion decisions will be made without regard to
the applicants’ race, sex, sexual orientation, religion, national
origin, age (40 and above), disability, genetic information, marital
status, political affiliation or any other category protected by state
or federal law.
A.
Selection of employees for the classified service shall be based
on merit and fitness demonstrated by examination or other evidence
of competence. The County may use background checks for applicants
for employment, preemployment screening processes, and procedures
for posting vacant positions, or other hiring, promotion, termination,
layoff, or recall procedures that are not inconsistent with this chapter
or state or federal law.
B.
When an appointment is to be made to a vacancy, the Administrator
may submit to the department head or his/her designee the names of
persons who have indicated willingness to fill the vacancy; provided,
however, that the candidates otherwise qualify for the position. The
department head or his/her designee may interview each on the list
and recommend his or her choice to the Administrator.
C.
Classified employees who are laid off due to reduction in force caused
by a lack of funds shall be eligible for recall if their position
is restored within six months of their layoff. Classified employees
who resign from employment in good standing, and who were not subject
to disciplinary action at the time of their resignation, and classified
employees who are laid off for a period of more than six months shall
be eligible to apply for classified employment in the same manner
and subject to the same hiring procedures as other applicants for
employment.
A.
Employees hired for the classified service, transferred to a new
classified job class, or from promotional eligible lists shall be
subject to a period of probation. The regular period of probation
shall be six months, provided that the personnel rules may specify
a longer or shorter period of probation for certain designated job
classes or for extension of the probation period in individual cases.
No probationary period may extend beyond 18 months.
B.
The work and conduct of probationary employees shall be subject to
close scrutiny and evaluation, and, if found to be below standards
or otherwise unsatisfactory to the department head or his/her designee
and the Administrator, the latter may remove or demote the probationer
at any time during the probationary period. Such removal or demotion
shall not be subject to review or appeal.
C.
An employee shall be retained beyond the end of the probationary
period and granted permanent status unless the Administrator affirms
that the services of the employee have been found not to be satisfactory
and recommends that the employee not be given permanent status.
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.
A.
Employees in the classified service shall be selected without regard to political considerations, may not be required to contribute to any political purpose and may not engage in improper political activity as described in Subsection E of this section.
B.
No person shall be appointed to or removed from or
in any way favored or discriminated against with respect to any County
position or appointive County administrative office because of 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 state or federal
law.
C.
No person shall willfully make any false statement,
certificate, mark, rating or report in regard to any test, certification
or appointment made under any provision of this chapter or in any
manner commit or attempt to commit any fraud preventing the impartial
execution of this chapter and the rules and regulations of the personnel
system of Sussex County. Persons doing so shall be subject to immediate
discharge.
D.
No person shall defeat, deceive or obstruct any person
in his right to examination, eligibility, certification or appointment
under this chapter or furnish to any person any special or secret
information for the purpose of affecting the rights or prospects of
any person with respect to employment in the classified service.
E.
No employee in the classified service shall, during
regular working hours, take any part in the management or affairs
of any political party or in any political campaign or perform any
service for any political party, except to exercise his or her right
as a citizen privately to express his or her opinion and to cast his
or her vote.
