Delaware Code Title 29. State Government § 5949. Appeals

(a) An employee in the classified service who has completed a probationary period of service may not, except for cause, be dismissed or demoted or suspended for more than 30 days in any 1 year.  Within 30 days after any such dismissal, demotion or suspension, an employee may appeal to the Board for review thereof.  Upon such review, both the appealing employee and the appointing authority whose action is reviewed shall have the right to be heard publicly and to present evidentiary facts.  At the hearing, technical rules of evidence shall not apply.  The rules shall require that the Board take final action on an appeal within 90 calendar days of submission to the Board.  Upon approval of all parties, the 90 days may be extended an additional 30 calendar days.

(b) If the Board upholds the decision of the appointing authority, the employee shall have a right of appeal to the Superior Court on the question of whether the appointing authority acted in accordance with law.  The burden of proof of any such appeal to the Board or Superior Court is on the employee.  If the Board finds against the appointing authority, the appointing authority shall have a right of appeal to the Superior Court on the question of whether the appointing authority acted in accordance with law.  The burden of proof of any such appeal to the Superior Court is on the appointing authority.  All appeals to the Superior Court shall be by the filing of a notice of appeal with the Court within 30 days of the employee being notified of the final action of the Board.

(c) Whenever subsection (a) or (b) of this section conflicts with any collective bargaining agreement, or whenever any collective bargaining agreement is exclusive with respect to matters which are the subject thereof, the collective bargaining agreement shall apply and shall be followed.

(d) If the Board finds that the action complained of was taken by the appointing authority for any political, religious or racial reason, or is not supported by the facts as having been for cause, the employee shall be reinstated to the former position or a position of like status and pay without loss of pay for the period of suspension.