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1978 Delaware Attorney General Reports and Opinions 1 (1978)

handle is hein.sag/sagde0012 and id is 1 raw text is: RICHA nn.Wii, . OPINION TO: OPINION BY: OPINION NO.: QUESTIONS: ANSWERS: STATE 01' 1ELAWA RK I DIcWARTaIMcNT 01' JUNTIOan CIVIL DIVISION STATE OFFICE BUILDING 820 NORTH FRENCH STREET WILMINGTON, DELAWARE 19801 October 5, 1978 Honorable George Jarvis Secretary of Transportation Regina M. Small Deputy Attorney General 78-016 1) May a merit system employee take a leave of absence to run for political offie? If so, may he begin such a leave prior to a primary election for an office for which he is a candidate? 2) What is the effect of 29 Del. C, § 5954(b) on a merit system employee runihng for or serving _n an elective office? 3) May an employer require a merit system employee elected to public office to take a leave of absence if the duties of that office interfere with the performance of his classified position? 1) An employee not subject to the Hatch Act may take a leave of absence to run for political office at the discretion of the appointing authority and the Director of the Office of State Personnel, either before or after a primary election, 2) Twenty-nine Del. C. § 5954(b) prohibits a merit system emiToyee from campaigning for office or performing other political activities during state time. 3) No. 15-01- 78-10-02