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SPONSOR: Rep. K. Williams & Sen. Paradee
Reps. Morrison, Osienski, D. Short, Yearick, Bush; Sens.
Hoffner, Townsend, Sokola
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 9
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO GOVERNMENTAL COMPENSATION
POLICY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 5821, Title 29 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 5821. Findings Findings; definitions.
4 (a) There are numerous elected state officials and other paid appointed officials elected or appointed officials who
5 are also employed by state agencies, educational and other institutions, and other jurisdictions of government within the
6 State. political subdivisions of this State.
7 (b) The members of the General Assembly believe believes that the taxpayers of Delaware this State should not
8 pay an individual more than once for coincident hours of the workday.
9 (c) The This State should have in place clear policies and procedures to ensure that the taxpayers of the this State
10 as a whole, and of its the various governmental jurisdictions, political subdivisions of this State, are not paying employees
11 or officials elected or appointed officials from more than 1 tax-funded source for duties performed during coincident hours
12 of the workday.
13 (d) As used in this subchapter:
14 (1) “Commission” means the Public Integrity Commission.
15 (2) “Dual compensation” means the receipt of compensation for coincident hours of work as an elected or
16 appointed official and as an employee.
17 (3) “Dual employment” means simultaneously serving as an elected or appointed official and as an employee.
18 (4) “Elected or appointed official” means an individual elected or appointed to a paid office of this State or a
19 political subdivision of this State.
20 (5) “Employee” means an individual employed by a state agency or political subdivision of this State other
21 than as an elected or appointed official.
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22 (6) “Political subdivision of this State” means a county, municipality, school district, authority, or other entity
23 of this State authorized by law to impose taxes or spend public funds.
24 (7) “Public funds” means moneys appropriated by this State or any political subdivision of this State.
25 (8) “State agency” means as defined in § 5804 of this title.
26 (9) “Workday” means as follows:
27 a. For a state agency, as defined by other law or policy of this State.
28 b. For a political subdivision of this State, as defined by a law or policy adopted by the political
29 subdivision of this State.
30 Section 2. Amend § 5822, Title 29 of the Delaware Code by making deletions as shown by strike through and
31 insertions as shown by underline as follows:
32 § 5822. Policy. Governmental compensation policy on dual employment.
33 (a) Any person employed by the State, or by any political subdivision of the State, including but not limited to any
34 county, city or municipality, who also serves in an elected or paid appointed position in state government or in the
35 government of any political subdivision of the State, including but not limited to any county, city or municipality, shall
36 have his or her pay reduced on a prorated basis for any hours or days missed during the course of the employee’s normal
37 workday or during the course of the employee’s normal workweek while serving in an elected or paid appointed position
38 which requires the employee to miss any time which is normally required of other employees in the same or similar
39 positions. The pay of an employee must be reduced on a prorated basis for any workday time missed due to service as an
40 elected or appointed official.
41 (b) Any day an employee misses work due to his or her elected or paid appointed position, he or she shall have his
42 or her immediate supervisor verify a time record stating specifically the number of hours worked that day; said verification
43 to take place at least once every pay period. The immediate supervisor of an employee who is also an elected or appointed
44 official shall verify a time record stating specifically the number of hours the elected or appointed official worked as an
45 employee. The immediate supervisor shall conduct this verification at least once each pay period.
46 (c) All time records, so verified, shall be kept by the An immediate supervisor who verifies a time record under
47 subsection (b) of this section shall keep the verified time record until such time as they are required by the State Auditor.
48 the record is requested by the State Auditor under § 5823 of this title.
49 (d) No employee shall be permitted to A state agency or political subdivision of this State that has an elected or
50 appointed official as an employee may permit the elected or appointed official to make up time during hours other than the
51 normal workday for purposes of compensation. A normal workday is defined by Merit Rule 5.0200. A standard work
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52 schedule is defined by Merit Rule 5.0210. The immediate supervisor of an employee who is also an elected or appointed
53 official shall verify a time record stating specifically the number of hours the employee made up during hours other than
54 during the workday.
55 (e) Any hours or days during which an employee uses vacation, personal, or compensatory days to which he or she
56 is entitled shall not constitute hours or days which fall within the scope of this subchapter. An elected or appointed official
57 who is also an employee may use vacation, personal, or compensatory time to which the elected or appointed official is
58 otherwise entitled to make up for missed workday time related to service as an elected or appointed official.
59 (f) School administrators whose duties require that they work regularly during summer months shall not be
60 exempted from this chapter. This subchapter applies to a school administrator who is also an elected or appointed official. If
61 a school administrator shall have no does not have an immediate supervisor, the school administrator’s time record shall
62 must be verified by the appropriate school administrator’s school board at its the school board’s next regular or special
63 meeting following any pay period in which said administrator missed work due to his or her elected or paid appointed
64 position. meeting.
65 Section 3. Amend § 5823, Title 29 of the Delaware Code by making deletions as shown by strike through and
66 insertions as shown by underline as follows:
67 § 5823. Audits; penalty.
68 (a) The State Auditor shall conduct an annual audit of the time records which have been kept by the supervisors an
69 elected or appointed official’s immediate supervisor or school board in accordance with under § 5822(b) and (c) 5822 of
70 this title to determine whether or not an employee the elected or appointed official was paid from more than 1 tax-funded
71 source for working coincident hours of the day.
72 (b) Any discrepancy found by If the State Auditor finds a discrepancy in the records kept under § 5822 of this title,
73 the State Auditor shall be reported to the Public Integrity Commission report the discrepancy to the Commission, for
74 investigation pursuant to under § 5810 of this title and/or to the Office of the Attorney General title, and to the Department
75 of Justice, for possible prosecution under § 876 of Title 11 (tampering with public records in the first degree) and any other
76 appropriate section. or any other law of this State.
77 Section 4. Amend Subchapter III, Chapter 58, Title 29 of the Delaware Code by making deletions as shown by
78 strike through and insertions as shown by underline as follows:
79 § 5824. Disclosure of dual employment; audit.
80 (a) An elected or appointed official who is also an employee shall disclose the dual employment to the
81 Commission within 15 days after the commencement of the dual employment.
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82 (b) The disclosure under subsection (a) of this section must be made in a format prescribed by the Commission and
83 must include information prescribed by the Commission to determine that sufficient measures or circumstances are in place
84 to avoid dual compensation.
85 (c) After the disclosure under subsection (a) of this section, an elected or appointed official only has a duty to
86 report to the Commission within 15 days after one of the following occurs:
87 (1) The elected or appointed official’s dual employment ends.
88 (2) The elected or appointed official begins employment with a different state agency or political subdivision
89 of this State.
90 (d) If the Commission believes an elected or appointed official is receiving dual compensation, the Commission
91 may request an audit by the State Auditor.
92 (e) If an employee is found to have received dual compensation in violation of this subchapter, the violation must
93 be reported to the employer for corrective action under the employer’s applicable governing policies or law.
94 (f) Nothing in this section relieves an elected or appointed official of the elected or appointed official’s duty to file
95 an annual financial disclosure statement with the Commission under § 5813 of this title.
96 Section 5. An individual serving as an elected or appointed official of this State or a political subdivision of this
97 State on the effective date of this Act shall disclose dual employment, as defined in § 5821 of Title 29 of the Delaware
98 Code, as contained in Section 1 of this Act, within 15 days after the enactment of this Act.
99 Section 6. This Act takes effect 1 year after the Act’s enactment into law.
SYNOPSIS
Section 4 of this Act requires a paid elected official or paid appointed official of this State or any political
subdivision of this State (“official”) who is also employed by a state agency or a political subdivision of this State to
disclose the dual employment to the Public Integrity Commission (“Commission”). This disclosure will assist the
Commission and the State Auditor in evaluating if the official is receiving dual public compensation for coincident hours of
work and requires the Commission to report to the official’s employer of any finding of dual compensation.
Sections 1 through 3 of this Act make technical corrections to conform existing law to the standards of the
Delaware Legislative Drafting Manual, including by creating definitions to ensure consistent usage of terms and by
redrafting existing law to use active voice to ensure clarity of duties and obligations of officials and state agencies or
political subdivisions of this State that employ officials.
Section 5 of this Act makes clear that an individual serving as an official on the effective date of this Act must
disclose any dual employment within 15 days after the enactment of this Act.
Section 6 of this Act provides that this Act takes effect 1 year after the Act’s enactment into law.
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