Delaware Code Title 29. State Government § 5906. Composition of the Merit Employee Relations Board

(a) The Merit Employee Relations Board shall consist of 5 Board members, including 2 management representatives, 2 labor representatives and a chairperson.  The Governor shall appoint, with Senate approval, the members for a term of 3 years, or until their successors are appointed;  provided however, that members may be removed at the pleasure of the Governor.

(b) When appointed, members shall be residents of this State for at least 3 years immediately preceding their appointments.  One member shall reside in the City of Wilmington, 1 shall reside in the remainder of New Castle County, and 1 each shall reside in each of the other 2 counties of the State.  The fifth member may reside anywhere in the State.  The qualifications for members shall continue during their term of office.

(c) The Secretary of the Department of Human Resources, or the Secretary's designee, shall be the liaison between the Board and the Department of Human Resources and shall attend all meetings of the Board.  The Secretary shall not participate in the deliberation of any cases before the Board, nor sit with members of the Board, during the hearing or deliberations.  The Secretary or the Secretary's designee shall be limited to representing and/or testifying on behalf of the Department of Human Resources and other state agencies before the Board.

(d) The Merit Employee Relations Board shall have clerical and legal support staff separate from the staff of the Department of Human Resources, and such staff shall be located separate from the Department of Human Resources.