WHEREAS the
economic downturn since fiscal year 2001 has negatively affected state government
revenues throughout the nation, requiring the state to manage through the most
difficult financial conditions since World War II; and
WHEREAS Delaware
has received national recognition for its strong financial management, setting
it apart from other states; and
WHEREAS this
economic downturn has required Delaware
to drastically limit expenditures through the imposition of tight spending
controls; and
WHEREAS a key
component to these spending controls has been the imposition of two hiring
freezes requiring state employees to perform core state services while short
staffed and with limited resources; and
WHEREAS the Fiscal
Year 2004 budget did not include a general salary increase for state employees;
and
WHEREAS since the
imposition of the hiring freeze dedicated state employees have worked
diligently to maintain essential state services and serve the citizens of
Delaware with excellence; and
WHEREAS on March
15, 2003, the Delaware Economic and Financial Advisory Council recognized a
recovering economy by increasing Fiscal Year 2004 and Fiscal Year 2005 revenue
estimates; and
WHEREAS effective December 16, 2003, Governor Ruth Ann
Minner lifted the hiring freeze.
NOW THEREFORE:
BE IT ENACTED BY THE GENERAL
ASSEMBLY OF THE STATE OF DELAWARE:
Section
1. The provisions of 74 Del Laws c. 68
notwithstanding, there is hereby granted a retroactive general salary increase
to be provided as follows:
(1)
Salary adjustments for departments 01 through 77 and
Delaware Technical and Community College Plan B:
a)
For those state employees who were on the payroll as of
December 16, 2003, the
salary of each employee, retroactive to July
1, 2003, shall be increased by:
i)
$500.00 for those employees with a salary greater than
or equal to $25,000.00;
ii) $1,000.00 for those employees with a salary
less than or equal to $20,000.00; or
iii) the product of 0.10 x
($25,000.00 – current employee salary) + $500.00.
b)
The provisions of this section shall not apply to employees
employed in accordance with 29 Del.
C. §5903(17),.
c)
The provisions of this section shall not apply to
employees of the General Assembly – House or General Assembly – Senate. Salaries for those employees will be
established by the Speaker of the House of Representatives and the President
Pro-Tempore of the Senate respectively.
(d)
This retroactive salary increase shall not apply to the
Governor, Lieutenant Governor, members of the General Assembly, State Auditor,
State Treasurer, Insurance Commissioner, Attorney General, Cabinet Secretaries,
the Controller General, the President of
the University of Delaware, the President of Delaware State University, the
President of Delaware Technical and Community College any Justice of the
Supreme Court (including the Chief Justice), the Chancellor or Vice Chancellors
of the Court of Chancery, any Judge of the Superior Court (including the
President Judge), any Judge of the Court of Common Pleas (including the Chief
Judge), or any Judge of the Family Court (including the Chief Judge) and
employees of the University of Delaware
and Delaware State
University. Funds have been appropriated in Section 4 of
this Act for the University of Delaware
and Delaware State
University to provide for an
increase in salaries paid from General Funds.
(e)
The provisions of this section
shall not apply to Uniformed State Police, all full-time and regular part-time
non-merit Telecommunications Specialists, Senior Telecommunications Central
Control Specialists, Senior Telecommunications Central Control Specialists and
Telecommunications Central Control Shift Supervisors employed in the
Communications Section of the Division of State Police in the Department of
Safety and Homeland Security
(2)
The salaries of teachers and administrators employed by
state agencies and who are paid based on the Basic Schedule contained in 14
Del. C. §1305, as amended by this Act, shall receive as salary an amount equal
to the index value specified in the appropriate training and experience cell
multiplied by the base salary amount defined in 14 Del. C. §1305(b), divided by
0.7 for ten months employment. If
employed on an 11 or 12 month basis, the ten-month amount shall be multiplied
by 1.1 or 1.2, respectively. For Fiscal
Year 2004 only, the salary amounts herein determined shall be calculated as
above with an additional $500.00 added to each training and experience cell of
the index, but in no case shall the $500.00 be used in calculating the salary
for those employed on an 11 or 12 month basis.
(3)
Salary schedules and staffing formulas contained in 14
Del. C. c. 13, shall be revised as follows:
(a)
Amend 14 Del. C. §1305(b) by adding a new sentence at
the end of said subsection to read as follows “For Fiscal Year 2004 only, the
salary amounts herein determined shall be calculated as above with an additional $500.00 added to
each training and experience cell of the index.”
(b)
Amend 14 Del. C. §1305(d) adding a new sentence at the
end of said subsection to read as follows “For Fiscal Year 2004 only, the $500.00
provided for in subsection (b) of this Section shall be excluded when
calculating salaries for persons employed for more than 10 months.”
(c)
Amend 14 Del. C. § 1308(a),
by striking the salary schedule contained in said subsection in its entirety
and by substituting in lieu thereof the following:
"Years of Senior Financial Administrative
Experience Clerk Secretary Secretary Secretary Secretary
0 13,161 14,611 15,387 15,807 16,506
1 13,691 15,136 15,860 16,283 16,988
2 14,219 15,608 16,335 16,761 17,471
3 14,750 16,081 16,808 17,235 17,953
4 15,238 16,552 17,281 17,712 18,509
5 15,693 17,025 17,756 18,219 19,071
6 16,145 17,496 18,267 18,775 19,635
7 16,599 17,966 18,820 19,330 20,197
8 17,052 18,512 19,373 19,885 20,761
9 17,505 19,062 19,925 20,441 21,323
10 17,959 19,612 20,477 20,998 21,886
11 18,482 20,162 21,029 21,553 22,449
12 19,010 20,711 21,583 22,108 23,013
13 19,539 21,262 22,136 22,664 23,575
14 20,069 21,813 22,687 23,221 24,137
15 20,598 22,363 23,240 23,774 24,703
16 21,126 22,912 23,793 24,329 25,265
17 21,657 23,463 24,347 24,885 25,827
18 22,184 24,013 24,899 25,440 26,390
19 22,714 24,564 25,451 25,998 26,954
20 23,241 25,114 26,003 26,553 27,516
21 23,783 25,676 26,568 27,120 28,091
22 24,338 26,251 27,146 27,700 28,680”
(d)
Amend 14 Del. C. §
1311(a), by striking the salary schedule contained in said subsection in its
entirety and by substituting in lieu thereof the following:
Chief Chief
Custodian Custodian
Supervising Supervising
“Years of Custodian 5 or Fewer 6 or More Maintenance Skilled
Exp. Custodian Fireman Custodians Custodians Mechanic Craftsman
0 15,988 16,464 16,705 17,661 18,104 18,534
1 16,346 16,823 17,064 18,021 18,563 19,094
2 16,705 17,181 17,423 18,398 19,050 19,649
3 17,064 17,540 17,781 18,814 19,533 20,205
4 17,423 17,898 18,142 19,234 19,955 20,762
5 17,781 18,255 18,536 19,652 20,502 21,318
6 18,142 18,677 18,955 20,067 20,987 21,874
7 18,536 19,096 19,371 20,483 21,472 22,431
8 18,955 19,511 19,789 20,901 21,957 22,987
9 19,371 19,928 20,205 21,318 22,439 23,546
10 19,789 20,346 20,623 21,736 22,926 24,100
11 20,205 20,765 21,042 22,151 23,410 24,658
12 20,631 21,195 21,471 22,574 23,905 25,229
13 21,066 21,634 21,911 23,006 24,411 25,814"
(e) Amend
14 Del. C. § 1322(a), by striking the salary schedule contained in said
subsection in its entirety and by substituting in lieu thereof the following:
“SCHOOL FOOD SERVICE MANAGERS
Number of Pupils in School Served by
Cafeteria
Yrs of
Exp. Below 351 351-500 501-800 801-1200 1201-1600 1601-2000 2000+
0 14,783 15,685 16,585 17,484 18,388 19,479 20,008
1 15,233 16,132 17,036 17,936 18,809 19,609 20,408
2 15,685 16,585 17,484 18,388 19,208 20,008 20,807
3 16,132 17,036 17,936 18,809 19,609 20,408 21,207
4 16,585 17,484 18,388 19,208 20,008 20,807 21,607
5 17,036 17,936 18,809 19,609 20,408 21,207 22,006
6 17,484 18,388 19,208 20,008 20,807 21,607 22,404
7 17,936 18,809 19,609 20,408 21,207 22,006 22,843
8 18,388 19,208 20,008 20,807 21,607 22,404 23,296
9 18,809 19,609 20,408 21,207 22,006 22,843 23,747
10 19,208 20,008 20,807 21,607 22,404 23,296 24,195
11 19,609 20,408 21,207 22,006 22,843 23,747 24,645
12 20,008 20,807 21,607 22,404 23,296 24,195 25,098
13 20,408 21,207 22,006 22,843 23,747 24,645 25,548
14 20,807 21,607 22,404 23,296 24,195 25,098 26,002
15 21,207 22,006 22,843 23,747 24,645 25,548 26,454
16 21,617 22,418 23,304 24,206 25,106 26,006 26,915
17 22,037 22,881 23,775 24,675 25,577 26,473 27,385”
(f)
Amend 14 Del. C. § 1322(c), by striking the salary schedule contained in
said subsection in its entirety and by substituting in lieu thereof the
following:
“SCHOOL LUNCH COOKS AND GENERAL WORKERS
Years of
Experience General Worker Cook/Baker
0 9.06 9.85
1 9.19 9.96
2 9.34 10.08
3 9.42 10.18
4 9.54 10.32
5 9.70 10.48
6 9.84 10.58
7 9.93 10.66
8 10.00 10.75
9 10.10 10.87
10 10.21 11.01
11 10.39 11.13
12 10.51 11.27
13 10.63 11.38
14 10.75 11.48
15 10.87 11.63
16 11.02 11.78
17 11.15 11.87
18 11.30 11.96
19 11.44 12.06"
(g) Amend 14 Del. C. §
1324(b), by striking the salary schedule contained in said subsection in its
entirety and by substituting in lieu thereof the following:
“Years of Experience Service Aides Instructional Aides
0 12,403 14,592
1 12,729 14,992
2 13,056 15,392
3 13,387 15,794
4 13,714 16,193
5 14,040 16,596
6 14,367 16,996
7 14,695 17,397
8 15,022 17,795
9 15,351 18,196
10 15,678 18,595
11 16,003 18,953
12 16,333 19,306
13 16,659 19,662
14 16,985 20,015
15 17,314 20,373
16 17,642 20,726
17 17,969 21,082
18 18,296 21,435
19 18,622 21,791
20 18,911 22,146
21 19,208 22,509
22 19,510 22,925"
(h) Effective
July 1, 2003, the State shall pay 67 percent of the annual salary rate for
school lunch employees as set forth in the salary schedules in 14 Del. C. §
1322(a)(b), and 58 percent of salary rate for school lunch employees as set
forth in the salary schedule 14 Del. C. § 1322(c). The remaining percentage of the hourly salary
rate for school lunch employees shall be paid from local funds. The State shall pay other employment costs
for school lunch employees at the ratio of state supported salaries to total
salaries, provided for by this subsection, for school lunch employees.
(4) The base salary for ten-month Plan A
employees at Delaware Technical and Community College shall be calculated by
using the salary amount specified for the Bachelor’s Degree, 0 years of
experience amount from 14 Del. C. § 1305(b), divided by 0.70 to account for 100 percent state
funding. For Fiscal Year 2004, the
salary amounts herein determined shall be calculated as above with an
additional $500.00 added to each training and experience cell of the index after
accounting for 100 percent state funding and 11 and 12 month employment.
Section
2. (a) The provisions of 74 Del
Laws c. 68 notwithstanding, there shall be a one-time salary supplement of
$500.00 or a prorated share thereof, for part-time employees, those employees
employed in accordance with 29 Del. C. § 5903(17), Uniformed
State Police, all full-time and regular part-time non-merit Telecommunications
Specialists, Senior Telecommunications Central Control Specialists, Senior
Telecommunications Central Control Specialists and Telecommunications Central
Control Shift Supervisors employed in the Communications Section of the
Division of State Police in the Department of Safety and Homeland Security,
and educational employees who are 100% locally funded and are covered under
§1305, §1308, §1311, §1322(a), §1322(c) and§1324 . This one-time salary supplement shall be
granted for those employees who were on the payroll as of December 16, 2003. This supplement is
not intended to increase any salary nor does it authorize or direct any other
or future payment, or create any ongoing benefit or emolument of office for any
employee.
Section 3. The provisions of 29 Del
C. §5105 (c) notwithstanding, all employees granted a leave of absence for
military service according to the provisions of 29 Del.
C §5105 (a) shall be entitled to receive the retroactive salary increase or the
salary supplement.
Section
4. (a)
There is hereby appropriated $21,400,000 (Twenty One Million Four
Hundred Thousand Dollars) in General Funds and $1,300,000 (One Million Three
Hundred Thousand Dollars) Appropriated Special Funds to the Office of the
Budget, Contingencies and One-Time Items (10-02-04), Retroactive Salary
Increase & One-Time Salary Supplement to implement the provisions of this
Act for qualifying employees. These
funds shall be paid by the State Treasurer from funds not otherwise
appropriated.
(b) There is hereby appropriated $1,700,000 (One
Million Seven Hundred Thousand Dollars) TFO to the Department of
Transportation, Office of the Secretary (55-01-00), Retroactive Salary Increase
& One-Time Salary Supplement to implement the provisions of this Act for qualifying Department of Transportation
employees.
(c) Employees that are funded through sources
other than local school funds shall have their retroactive salary increase or one-time
salary supplement funded through their respective funding source.
Section
5. Payment of the retroactive salary
increase and the salary supplement authorized by this Act shall be as soon as
practicable subsequent to the enactment of this Act.
Section 6. For the purposes of the implementation of
this Act, funds and authorizations appropriated herein shall be considered as
regular operating budget funds. The
provisions of 29 Del. C. c. 101 notwithstanding, the administrative regulations
and procedures necessary to implement this Act shall be promulgated by the
State Personnel Director, Budget Director, Secretary of Finance and Controller
General.
