Delaware General Assembly

Lieu/Substituted 6/26/02

The General Assembly has ended, the current status is the final status.

HS 1 for HB 504

5/16/02

D. Ennis

Reps. Keeley, Brady, Ennis, Buckworth, Carey, Caulk, DiPinto, Ewing, Hudson, Lee, Maier, Miro, Mulrooney, Plant, Price, Schroeder, Stone, Thornburg, Ulbrich, Valihura, VanSant, Viola
Sen. Henry

AN ACT TO AMEND CHAPTER 51, TITLE 29 OF THE DELAWARE CODE RELATING TO STATE EMPLOYEES.

Since its beginning, the Legislative Committee on Personnel Practices has received a large number of complaints in which retaliation against a State employer was involved, either as part of the original complaint or as "punishment" against an employee for doing what the employee had a right to do. Because such complaints to the Committee appear to have grown in number and severity, this Act sets forth a procedure for the processing of a retaliation complaint. In general, the steps are: (a) The employee alleging retaliation files a written complaint with the State Personnel Office, which in turn appoints a review panel to investigate the claim, and notifies both the employee and person or agency involved that it is beginning to investigate the matter. (b) When the review panel completes its investigation, it may, in its sole discretion, attempt to resolve the problem by bringing the parties together, formally or informally, in an attempt to reach a solution which satisfies all parties. (c) If these preliminary attempts to resolve the problem are unsuccessful, the review panel (after notice to all parties) holds a formal hearing on the retaliation claim or claims. (d) When the review panel determines, at the conclusion of the hearing that there has been retaliation, it may take such steps, outlined in the Act, as it deems appropriate. (e) Any party to the hearing may appeal the review panel's decision to the Merit Employee Relations Board.

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