Delaware Code Title 29. State Government § 9010C. Exemptions from the merit system

(a) All employees of the Department, including the CIO, shall be exempt from Chapter 59 of this title.

(b) The CIO, with the advice of the Secretary of the Department of Human Resources, shall create a compensation plan.  Implementation of said plan shall be contingent upon approval by the Director of the Office of Management and Budget and Controller General.  Any proposed compensation plan within the Department of Technology and Information should be unique to information technology employees working at the Department and consider all factors including areas requiring specialized skill sets and other elements of providing a comprehensive technology service organization.  Such a plan may include competency-based pay, pay-for-performance and other components necessary to recruit and retain highly qualified information technology professionals to the State.