Current with changes from the 2024 Legislative Session
Section 5-309 - Filing of complaints; actions on complaint(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 Governors 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 Governors designee determines that a violation has not occurred, the Secretary or Governors designee shall dismiss the complaint.(2) If the Secretary or designee or the Governors 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 complainants State personnel records;(2) require the head of the principal unit to:(i) hire, promote, or reinstate the complainant or end the complainants 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.