Home Table of Contents

§ 5-309. Complaints

West's Annotated Code of MarylandState Personnel and Pensions

West's Annotated Code of Maryland
State Personnel and Pensions (Refs & Annos)
Division I. State Personnel [Titles 1-19]
Title 5. Employee Rights and Protections
Subtitle 3. Maryland Whistleblower Law in the Executive Branch of State Government (Refs & Annos)
MD Code, State Personnel and Pensions, § 5-309
§ 5-309. Complaints
Currentness
Deadline for complaints
(a)(1) An employee subject to this subtitle may file with the Secretary a complaint that alleges a violation of § 5-305 of this subtitle.
(2) A complaint under this subtitle must be filed within 6 months after the complainant first knew of or reasonably should have known of the violation.
Duties of Secretary upon receipt of complaint
(b) When a complaint is received, the Secretary or designee promptly shall:
(1) send a copy of the complaint to the head of the principal unit named in the complaint; and
(2) advise the head of the principal unit to respond in writing to the complaint within 20 days after receiving the copy.
Investigations and actions on complaint
(c) Within 60 days after a complaint is received:
(1) the complaint shall be investigated to determine whether a violation of § 5-305 of this subtitle has occurred:
(i) by the Secretary or designee of the Secretary; or
(ii) if the Department is charged in the complaint, by a designee of the Governor; and
(2) the Secretary or designee or the Governor's designee shall:
(i) take the action described in subsection (d)(1) or (2) of this section; and
(ii) issue to the complainant and head of the principal unit a written decision that includes any remedial action taken.
Dismissal of complaint
(d)(1) If the Secretary or designee or the Governor's designee determines that a violation has not occurred, the Secretary or Governor's designee shall dismiss the complaint.
(2) If the Secretary or designee or the Governor's designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.
Remedial actions
(e) As a remedial action for a violation of § 5-305 of this subtitle, the Secretary or designee may:
(1) order the removal of any related detrimental information from the complainant's State personnel records;
(2) require the head of the principal unit to:
(i) hire, promote, or reinstate the complainant or end the complainant's suspension from employment;
(ii) award the complainant back pay to the day of the violation;
(iii) grant the complainant leave or seniority;
(iv) take appropriate disciplinary action against any individual who caused the violation; and
(v) take any other remedial action consistent with the purposes of this subtitle.

Credits

Added by Acts 1996, c. 347, § 1, eff. Oct. 1, 1996.
MD Code, State Personnel and Pensions, § 5-309, MD ST PERS & PENS § 5-309
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document