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

MD State Pers & Pens Code § 5-309 (2019) (N/A)
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(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.

(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.

(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.

(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.

(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.