Section 5-309 - Filing of complaints; actions on complaint. - Maryland Statutes

§ 5-309. Filing of complaints; actions on complaint.
 

(a)  Who may file; time requirements.-  

(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. 

(b)  Notice of complaint; response.- 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. 

(c)  Investigation; action upon complaint; written decision.- 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. 

(d)  Disposition by Secretary.-  

(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. 

(e)  Permissible remedial actions.- 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. 
 

[1996, ch. 347, § 1.]