Two bills strengthening state dual employment reporting requirements to manage double-dipping clear the General Assembly.
Last year, the State Auditor’s Office released its first Dual Employment Audit since 2017, finding several instances where employees could have been receiving tax-funded compensation for coincident time at their two jobs.
Most of this overlap involves state legislators working as part-time instructors at Delaware’s higher education institutions, but lack of documentation made it impossible for the auditor to confirm if pay was prorated properly.
The General Assembly unanimously passed two bills that intend to fix that problem. The first requires individuals to disclose their dual employment to the Public Integrity Commission.
“They should have been doing that already. This information has been provided to new legislators in the past as best practice and was provided this year as well regarding Dual Employment Law," State Sen. Trey Paradee (D-Dover) said on the Senate Floor.
He explains while being paid for coincident time is illegal in Delaware, this bill ensures the proper reporting mechanisms are in place to prevent any future incidents.
The other bill ensures Delaware’s public higher education institutions are included in those reporting requirements after years of University of Delaware insisting the law was not applicable to their institution.
Following the Dual Employment Audit's release, the University of Delaware released a statement saying, "To be clear: The University of Delaware is not subject to the Dual Employment Law, and the audit findings as to it are improper and misplaced. As provided in 29 Del. C. § 5822, the Dual Employment Law applies only to a State agency or its subdivisions. The Auditor’s Office has agreed in the past in writing, and again in a recent meeting, that the University is not a State agency."
House Bill 38 now clarifies University of Delaware and any other higher education institution that receives state funds are required to track dual employment.
“If the higher ed is found in violation of this act, the state auditor may impose a $10,000 fine for the first violation. A second or subsequent violation within five years will result in a $50,000 penalty," Sen. Paradee explained.
The two bills head to Gov. Matt Meyer for signature.
