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 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.

(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.