Merit Employee Relations Board

Providing timely disposition of Merit employee grievance and maintenance review classification appeals.

State Merit Rules Chapter 6

6.0 Recruitment and Application Policies

6.1 Recruitment. It is the policy of the State of Delaware to search widely and vigorously for the most qualified persons to fill positions in the classified service while providing equal employment opportunity and meeting the objectives of the State of Delaware Affirmative Action Plan.

  • 6.1.1 Agencies shall recruit and advertise as defined by these regulations and directives promulgated by the Department of Human Resources.
  • 6.1.2 Appointing authorities may post a vacancy for agency employees (intra-agency and/or inter-agency) only or may announce a vacancy publicly as long as agency employees are considered in the filling of the vacancy.

6.2 Job Posting. When posting a vacant position, the appointing authority shall post at least seven (7) calendar days before the closing date for receipt of applications. Job postings shall contain all pertinent information about the positions being filled. Job postings shall be given as wide a distribution as the appointing authority determines necessary, in the classified service, in the press, on radio and television and through contact with professional associations, union organizations, civic groups, educational institutions and neighborhood groups.

  • 6.2.1 As necessary to assure sufficient numbers of qualified applicants, the appointing authority may continue to accept applications after the originally announced closing date provided the closing date is extended and appropriately publicized.
  • 6.2.2 The appointing authority may also decide to accept applications for certain job postings without any closing date pursuant to the procedures established by the DHR Secretary.
  • 6.2.3 The appointing authority may announce a vacancy with selective requirements, provided the justification for such requirement is job-related.

6.3 Applications for Employment. Applications shall be made on a standard form approved by the DHR Secretary. Such form shall require information concerning the applicant’s past employment, education, training and other pertinent qualifications.

  • 6.3.1 No question on the application form or during interview shall be so framed as to require information concerning the race, color, religion, national origin, sex, age, or disability of the candidate, except where they are bona fide occupational requirements, or such information is required by law for statistical purposes. No question shall elicit or require information about the individual’s political affiliations or beliefs.
  • 6.3.2 The applications must be signed by the candidate. Any misrepresentation or falsification may result in rejection of application, dismissal and disqualification of future applications.
  • 6.3.3 Each applicant shall receive an acknowledgment of his/her application and general information concerning requirements for placement on lists.

6.4 Rejection of Application. Applications may be rejected if any of the following is established about the applicant:

  • 6.4.1 The applicant has made false statements or misrepresentations appear on the application.
  • 6.4.2 Applicant has cheated on an examination or has violated the confidentiality of an examination.
  • 6.4.3 The applicant is physically, mentally or otherwise unable to perform the essential functions of the job to which he/she seeks appointment.
  • 6.4.4 The applicant has failed to comply with The Military Selective Service Act (50 USCA ยงยง451-73 et seq.).
  • 6.4.5 Criminal court convictions which renders the applicant unsuitable for the position for which application is made.
  • 6.4.6 The applicant is or has been a member of an organization which advocates the overthrow of the government of the United States or the State of Delaware.
  • 6.4.7 The applicant does not meet the requirements of the merit system law or of these rules.
  • 6.4.8 The applicant is unavailable.
  • 6.4.9 The applicant has been separated from any branch of the armed forces under conditions other than honorable.
  • 6.4.10 The applicant has been dismissed from State service within the preceding three years.
  • 6.4.11 The applicant fails to meet the job requirements as stated in the class specification of position(s) for which applied.

6.5 Notification of Rejection. Whenever an application is rejected, notice of such rejection with statement of reason shall be promptly provided to the applicant. Rejected applicants may appeal to the DHR Secretary within ten (10) days of the rejection notice. The decision of the DHR Secretary shall be final.

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