TITLE 29


State Government


Public Officers and Employees


CHAPTER 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE


Subchapter III. Compensation Policy


§ 5821. Findings.


(a) There are numerous elected state officials and other paid appointed officials who are also employed by state agencies,
educational and other institutions, and other jurisdictions of government within the State.


(b) The members of the General Assembly believe that the taxpayers of Delaware should not pay an individual more than once
for coincident hours of the workday.


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


65 Del. Laws, c. 488, § 1.;


§ 5822. Policy.


(a) Any person employed by the State, or by any political subdivision of the State, including but not limited to any county,
city or municipality, who also serves in an elected or paid appointed position in state government or in the government of
any political subdivision of the State, including but not limited to any county, city or municipality, shall have his or her
pay reduced on a prorated basis for any hours or days missed during the course of the employee's normal workday or during
the course of the employee's normal workweek while serving in an elected or paid appointed position which requires the employee
to miss any time which is normally required of other employees in the same or similar positions.


(b) Any day an employee misses work due to his or her elected or paid appointed position, he or she shall have his or her
immediate supervisor verify a time record stating specifically the number of hours worked that day; said verification to take
place at least once every pay period.


(c) All time records, so verified, shall be kept by the immediate supervisor until such time as they are required by the State
Auditor.


(d) No employee shall be permitted to make up time during hours other than the normal workday for purposes of compensation.
A normal workday is defined by Merit Rule 5.0200. A standard work schedule is defined by Merit Rule 5.0210.


(e) Any hours or days during which an employee uses vacation, personal, or compensatory days to which he or she is entitled
shall not constitute hours or days which fall within the scope of this subchapter.


(f) School administrators whose duties require that they work regularly during summer months shall not be exempted from this
chapter. If a school administrator shall have no immediate supervisor, the school administrator's time record shall be verified
by the appropriate school board at its next regular or special meeting following any pay period in which said administrator
missed work due to his or her elected or paid appointed position.


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


§ 5823. Audits; penalty.


(a) The State Auditor shall conduct an annual audit of the time records which have been kept by the supervisors or school
board in accordance with § 5822(b) and (c) of this title to determine whether or not an employee was paid from more than 1
tax-funded source for working coincident hours of the day.


(b) Any discrepancy found by the State Auditor shall be reported to the Public Integrity Commission for investigation pursuant
to § 5810 of this title and/or to the Office of the Attorney General for possible prosecution under § 876 of Title 11 (tampering
with public records in the first degree) and any other appropriate section.


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