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