11 Del. C. § 9203: Hearing — Required on suspension or other disciplinary action.

If a law-enforcement officer is:

(1) Suspended for any disciplinary reason; or

(2) Charged with conduct alleged to violate the rules or regulations or general orders of the agency that employs the officer; or

(3) Charged with a breach of discipline of any kind, which charge could lead to any form of disciplinary action (other than a reprimand) which may become part of the officer’s permanent personnel record,

then that officer shall be entitled to a hearing which shall be conducted in accordance with this chapter unless a contractual disciplinary grievance procedure executed by and between the agency and the bargaining unit of that officer is in effect, in which case the terms of that disciplinary grievance procedure shall take precedence and govern the conduct of the hearing.