those determined by the Board to be inappropriate for inclusion in the bargaining unit, or State Merit employees. Consequently, the Act applies, on the basis of full-time employees, only to towns with 25 or more full-time police officers or firefighters.
The General Assembly amended the definition of the term "public employer" or "employer" contained in the Act to read:
(l) "Public employer" or "employer" means the State or political subdivisions of the State or any agency thereof, any county, or any agency thereof, or any municipal corporation or municipality, city or town located within the State or any agency thereof, which, (1) upon the affirmative legislative act of its common council or other governing body has elected to come within Chapter 13 of this title, (2) hereafter elects to come within this Chapter, or (3) employees 25 or more full-time employees.
19 Del. C. § 1602(l). A reading of the definition above could create confusion as to the meaning of the word "employee." A review of the Act eliminates any confusion since the Act also contains a definition of the term "public employee" or "employee." Section 1602(k) states:
(k) "Public employee" or "employee" means any police officer or firefighter employed by a public employer except those determined by the Board to be inappropriate for inclusion in the bargaining unit; provided, however, that for the purposes of this chapter, this term shall not include any state employee covered under the State Merit System.