Md. Code, State Personnel and Pensions, Title 5

Md. Code, State Personnel and Pensions, Title 5
in effect

Md. Code, State Personnel and Pensions § 5-101

The head of each principal unit shall notify the employees in the unit of the location, at the work site, of a copy of: (1) this Division I of this article; and (2) all applicable personnel policies, guidelines, and regulations.

Md. Code, State Personnel and Pensions § 5-201

(a) In this subtitle the following words have the meanings indicated. (b) “Coordinator” means the Equal Employment Opportunity Coordinator. (c) “Program” means the Equal Employment Opportunity Program established under this subtitle. (d) “Unit” means a unit of the Executive Branch of State government.

Md. Code, State Personnel and Pensions § 5-202

(a) There is an Equal Employment Opportunity Program, which is under the authority of the Secretary. (b) The purpose of the Program is to ensure a system based on merit that provides equal opportunity in employment on the basis of merit and fitness. (c) The following employees and applicants for employment are included in the Program: (1) an employee in any unit of the Executive Branch of State government, including a unit with an independent personnel system; and (2) an applicant for a position in the skilled service, professional service, or management service, of the State Personnel Management System or a comparable position in an independent personnel system in the Executive Branch of State government.

Md. Code, State Personnel and Pensions § 5-203

Except as provided in § 5–209 of this subtitle, in addition to any right to file an employment discrimination complaint with the Commission on Civil Rights, with the Equal Employment Opportunity Commission, or in court, an employee may elect to pursue an allegation of employment discrimination under the complaint resolution procedures of this subtitle.

Md. Code, State Personnel and Pensions § 5-204

The Secretary shall: (1) administer the Program in compliance with all applicable State and federal laws governing equal employment opportunity; (2) adopt regulations, policies, and directives to implement the Program; (3) evaluate the equal employment efforts in each unit in the Program; (4) take any action necessary and permitted by law to enforce this subtitle; and (5) at least annually report on the Program to the Governor.

Md. Code, State Personnel and Pensions § 5-205

(a) In accordance with the provisions and intent of the Maryland Constitution and other laws of the State, each unit shall: (1) comply with all applicable regulations, policies, guidelines, and directives of the Secretary to carry out this section; (2) cooperate fully with the Coordinator in the investigation of complaints of discrimination in violation of § 5–208 of this subtitle; (3) (i) in accordance with the regulations, policies, guidelines, and directives of the Secretary, annually prepare a plan that includes the development and implementation of policies and programs to ensure that protected group members are appropriately represented and that the personnel practices in the unit are not discriminatory; and (ii) submit to the Secretary the progress reports about the plan that the Secretary requires; (4) for each fiscal year, submit to the Coordinator by the following October 15 an annual report about the activities that the unit undertook in that fiscal year to implement the Program, including: (i) information about personnel practices within the unit; (ii) a summary of complaints filed, investigated, resolved, and pending; (iii) information about relations with other units of State government; (iv) information about sexual harassment policies and prevention training; and (v) a summary of sexual harassment complaints filed, investigated, resolved, and pending; and (5) provide a copy of the annual report to the Commission on Civil Rights. (b) Notwithstanding any other provision of this subtitle, the University System of Maryland may satisfy any reporting requirement required by this subtitle or by regulations adopted under this subtitle by submitting to the Secretary an annual report on the System’s equal employment opportunity policies and programs in such format as is determined by the System’s Board of Regents. (c) An appointing authority shall provide each employee subject to this subtitle with a notice of: (1) the protections and remedies against employment discrimination available to the employee under: (i) this subtitle; (ii) the laws governing the Commission on Civil Rights; and (iii) the laws governing the Equal Employment Opportunity Commission; and (2) the applicable time limitations for filing complaints under those laws.

Md. Code, State Personnel and Pensions § 5-206

(a) The Governor, with the advice of the Joint Committee on Fair Practices and State Personnel Oversight, shall appoint an Equal Employment Opportunity Coordinator. (b) The Coordinator shall: (1) administer and enforce the Program; and (2) investigate and, as appropriate, resolve complaints that involve allegations of violations of this subtitle.

Md. Code, State Personnel and Pensions § 5-207

(a) (1) The head of each principal unit shall appoint: (i) a fair practices officer who: 1. except as provided in paragraph (3) of this subsection, reports directly to the head of the unit; and 2. is an assistant secretary or an employee of the unit with stature similar to that of an assistant secretary; and (ii) an appropriate number of equal employment opportunity officers for the unit. (2) If necessary, the fair practices officer of a unit may also be the unit’s equal employment opportunity officer. (3) The fair practices officer of the Department of State Police: (i) shall be an expert in diversity issues and equal employment law, procedures, and practices; (ii) shall report directly to the Secretary of State Police; and (iii) may not be a sworn law enforcement officer. (4) All appointments under this subsection shall be made in accordance with position descriptions approved by the Secretary. (b) The Department shall provide training, assistance, and advice for equal employment opportunity officers and fair practices officers. (c) Each fair practices officer shall: (1) implement the Program within the unit; (2) investigate and, as appropriate, resolve complaints filed under § 5–211 of this subtitle; and (3) coordinate activities of equal employment opportunity officers in the unit. (d) An equal employment opportunity officer shall: (1) monitor all personnel actions adopted by the unit; (2) attest that procedures consistent with this article, the Governor’s Code on Fair Practices, and other State and federal equal employment opportunity laws were followed by the unit in taking a personnel action; and (3) perform the duties assigned by the fair practices officer and any other duty required by this article. (e) An appointing authority shall delay the effective date of any adverse personnel action that directly affects an equal employment opportunity officer for up to 45 days, pending review and resolution by the Coordinator.

Md. Code, State Personnel and Pensions § 5-208

(a) All personnel actions concerning an employee in the Executive Branch of State government shall be made in accordance with § 2–302 of this article. (b) Personnel actions concerning an employee or applicant for employment in the skilled service or professional service of the State Personnel Management System or comparable position in an independent personnel system in the Executive Branch of State government shall also be made without regard to: (1) political affiliation, belief, or opinion; or (2) any other nonmerit factor. (c) All personnel actions concerning an employee or applicant in the management service shall also be made without regard to the employee’s political affiliation, belief, or opinion. (d) (1) Except as provided in paragraph (2) of this subsection, personnel actions concerning special appointments or applicants for special appointment in the State Personnel Management System or comparable positions in an independent personnel system in the Executive Branch of State government shall be made without regard to political affiliation, belief, or opinion. (2) For the positions that are designated by the Secretary under § 4–201(c)(2)(ii) of this article or by the Secretary of Transportation under § 2–103.4(b)(2) of the Transportation Article, personnel actions concerning special appointments or applicants for special appointment in the State Personnel Management System or comparable positions in an independent personnel system in the Executive Branch of State government may be made with regard to political affiliation, belief, or opinion. (e) The protections of this section are in addition to whatever legal or constitutional protections an employee or applicant has.

Md. Code, State Personnel and Pensions § 5-209

(a) An employee in the skilled service, professional service, or management service of the State Personnel Management System may elect to pursue an allegation of employment discrimination under: (1) the complaint procedures in this subtitle; or (2) the grievance procedures in Title 12 of this article. (b) An employee of the University System of Maryland who is eligible to file a grievance under Title 13 of the Education Article may elect to pursue an allegation of employment discrimination under: (1) the complaint procedures in this subtitle; or (2) a grievance under Title 13 of the Education Article. (c) An employee of Morgan State University who is eligible to file a grievance under Title 14 of the Education Article may elect to pursue an allegation of employment discrimination under: (1) the complaint procedures in this subtitle; or (2) a grievance under Title 14 of the Education Article.

Md. Code, State Personnel and Pensions § 5-210

(a) A complainant may be represented during the complaint process by any person the complainant chooses. (b) (1) If a complainant fails to appeal a decision in accordance with this subtitle, the complainant is considered to have accepted the decision. (2) A failure to decide a complaint in accordance with this subtitle is considered a denial from which an appeal may be made. (c) Each party shall make every effort to resolve a complaint at the lowest level possible.

Md. Code, State Personnel and Pensions § 5-211

(a) An applicant or employee subject to this subtitle may file with the head of the principal unit a written complaint: (1) that alleges a violation of § 5–208 of this subtitle; or (2) that alleges harassment in violation of § 20–606(a)(5) of the State Government Article. (b) A complaint under subsection (a)(1) of this section must be filed within 1 year after the complainant first knew of or reasonably should have known of the alleged violation that is the basis for the complaint. (c) A complaint under subsection (a)(2) of this section must be filed within 2 years after the alleged violation that is the basis for the complaint.

Md. Code, State Personnel and Pensions § 5-212

(a) Except as provided in subsection (b) of this section, within 60 days after a complaint under § 5–211 of this subtitle is received: (1) an equal employment officer, under the direction of the fair practices officer, shall investigate the complaint and recommend a proposed decision to the head of the principal unit; and (2) the head of the principal unit shall issue a written decision to the complainant and may grant any appropriate relief. (b) The time period under subsection (a) of this section may be extended up to an additional 30 days if the applicant or employee who filed the complaint provides written authorization to the equal employment officer investigating the complaint.

Md. Code, State Personnel and Pensions § 5-213

(a) Within 10 days after receiving a decision under § 5-212 of this subtitle, a complainant may appeal the decision in writing to the Secretary. (b) Within 30 days after an appeal is received: (1) the Coordinator: (i) shall review the complaint and the decision being appealed; (ii) may conduct any necessary investigation; and (iii) shall recommend to the Secretary or designee a finding of whether a violation of this subtitle has occurred; and (2) the Secretary or designee shall: (i) take the action described in subsection (c)(1) or (c)(2) of this section; and (ii) issue to the parties a written decision that includes notice of any remedial action taken. (c) (1) If the Secretary or designee determines that a violation has not occurred, the Secretary or designee shall dismiss the complaint. (2) If the Secretary or designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action. (d) As remedial action for a violation of § 5-208 of this subtitle, the Secretary or designee may: (1) order the removal of 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 up 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; or (v) take any other remedial action that the Secretary or designee considers appropriate. (e) The decision of the Secretary or designee is final.

Md. Code, State Personnel and Pensions § 5-301

(a) This subtitle applies to: (1) all employees and State employees who are applicants for positions in the Executive Branch of State government, including a unit with an independent personnel system; and (2) if both the Commonwealth of Virginia and the District of Columbia enact similar whistleblower protections or waive their sovereign immunity as applied to the Washington Metropolitan Area Transit Authority for the purpose of providing whistleblower protections, all employees of the Washington Metropolitan Area Transit Authority. (b) For the purpose of subsection (a)(2) of this section, the General Assembly considers the following whistleblower protection laws to be similar to whistleblower protection laws established under Title 5, Subtitle 3 of the State Personnel and Pensions Article: (1) the District of Columbia’s Employees of District Contractors and Instrumentality Whistleblower Protection Act, Title 2, Chapter 2, Subchapter XII of the Code of the District of Columbia; and (2) the Commonwealth of Virginia’s Fraud and Abuse Whistleblower Protection Act, Title 2.2, Chapter 30.1 of the Code of Virginia.

Md. Code, State Personnel and Pensions § 5-302

(a) This subtitle does not preclude action for defamation or invasion of privacy. (b) This subtitle does not prohibit a personnel action that would have been taken regardless of a disclosure of information.

Md. Code, State Personnel and Pensions § 5-304

(a) The head of each principal unit shall provide the employees of the unit with written notice of the protections and remedies provided by this subtitle. (b) In addition to the requirement specified in subsection (a) of this section, the Secretary of Juvenile Services shall: (1) provide all employees of the Department of Juvenile Services with written notice of the protections and remedies provided by § 5–305(2) and (3) of this subtitle; and (2) include information on the protections and remedies provided by § 5–305(2) and (3) of this subtitle in the Department’s employee handbook and in any new employee orientation or training.

Md. Code, State Personnel and Pensions § 5-305

Subject to the limitations of § 5–306 of this subtitle, a supervisor, appointing authority, or the head of a principal unit may not take or refuse to take any personnel action as a reprisal against: (1) an employee who discloses information that the employee reasonably believes evidences: (i) an abuse of authority, gross mismanagement, or gross waste of money; (ii) a substantial and specific danger to public health or safety; or (iii) a violation of law; (2) an employee of the Department of Juvenile Services who discloses information to the Director of Juvenile Justice Monitoring or staff of the Office of the Correctional Ombudsman, including the Juvenile Justice Monitoring Unit relating to the Unit’s duties under § 9–4014 of the State Government Article; (3) an employee of the Department of Public Safety and Correctional Services who discloses information to the Correctional Ombudsman or staff of the Office of the Correctional Ombudsman relating to the Office’s duties under § 9–4004 of the State Government Article; or (4) an employee who, following a disclosure under item (1), (2), or (3) of this section, seeks a remedy provided under this subtitle or any other law or policy governing the employee’s unit.

Md. Code, State Personnel and Pensions § 5-306

Section 5-305 of this subtitle applies to a disclosure that is specifically prohibited by law only if that disclosure is made exclusively to the Attorney General in the manner allowed in § 5-313 of this subtitle.

Md. Code, State Personnel and Pensions § 5-307

(a) An employee in the State Personnel Management System who seeks relief for a violation of § 5-305 of this subtitle may elect to file: (1) a complaint under § 5-309 of this subtitle; or (2) a grievance under Title 12 of this article. (b) An employee of the University System of Maryland who is eligible to file a grievance under Title 13 of the Education Article and seeks relief for a violation of § 5-305 of this subtitle may elect to file: (1) a complaint under § 5-309 of this subtitle; or (2) a grievance under Title 13 of the Education Article. (c) An employee of Morgan State University who is eligible to file a grievance under Title 14 of the Education Article and seeks relief for a violation of § 5-305 of this subtitle may elect to file: (1) a complaint under § 5-309 of this subtitle; or (2) a grievance under Title 14 of the Education Article.

Md. Code, State Personnel and Pensions § 5-308

(a) (1) A complainant may be represented during the complaint process by any person the complainant chooses. (2) Either party may be represented at a hearing by counsel. (b) (1) If a complainant fails to appeal a decision in accordance with this subtitle, the complainant is considered to have accepted the decision. (2) A failure to decide a complaint in accordance with this subtitle is considered a denial from which an appeal may be made. (c) Each party shall make every effort to resolve a complaint at the lowest level possible.

Md. Code, State Personnel and Pensions § 5-309

(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.

Md. Code, State Personnel and Pensions § 5-310

(a) A complainant may appeal to the Office of Administrative Hearings: (1) within 10 days after receiving a decision under § 5-309 of this subtitle; or (2) when a decision is not issued within 60 days after the complaint is filed and the complainant requests a hearing. (b) (1) The Office of Administrative Hearings shall conduct a hearing on each appeal in accordance with Title 10, Subtitle 2 of the State Government Article. The Office is bound by any regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the Department is or would have been bound if it were hearing the case. (2) A record that is protected from disclosure under Title 4 of the General Provisions Article may be used as evidence in a hearing only if: (i) the material is essential to the conduct of the hearing; and (ii) names and other identifying information are deleted to the extent necessary to maintain confidentiality. (3) The confidentiality of records and information protected from disclosure under Title 4 of the General Provisions Article shall be maintained in each hearing. (c) (1) Within 45 days after the close of the hearing record, the Office of Administrative Hearings shall issue to the parties a written decision and may grant any appropriate relief under subsection (d) of this section. (2) The decision of the Office of Administrative Hearings is final. (d) A complainant who prevails at a hearing may be awarded any appropriate relief, including: (1) any remedial action allowed under § 5-309(e) of this subtitle; and (2) costs of litigation and reasonable attorney's fees. (e) A complainant or appointing authority may appeal the decision issued under subsection (c) of this section in accordance with § 10-222 of the State Government Article.

Md. Code, State Personnel and Pensions § 5-312

If, during an investigation under § 5-309(c) of this subtitle, the Secretary or Governor's designee finds that reasonable grounds exist to believe that a crime has been committed, the Secretary or Governor's designee shall: (1) promptly refer the matter to an appropriate prosecutor; (2) make all pertinent evidence available to the prosecutor; and (3) send to the individual believed to have committed the crime a notice that: (i) contains a statement of the allegation; (ii) notifies the individual that the matter has been referred to a prosecutor; (iii) advises the individual of the individual's right to obtain counsel; and (iv) advises the individual of the individual's right to refuse to respond to the allegation if a response might be incriminating.

Md. Code, State Personnel and Pensions § 5-313

For purposes of this subtitle, the Attorney General shall: (1) designate an assistant Attorney General to receive from applicants and employees any information the disclosure of which is otherwise protected by law; (2) investigate each allegation of illegality or impropriety; (3) take appropriate legal action; and (4) if the investigation concerns an allegation of illegality or impropriety in the Executive Branch, submit a confidential report to the Governor that describes the content of the disclosure.

Md. Code, State Personnel and Pensions § 5-401

(a) (1) In this subtitle the following words have the meanings indicated. (2) “State facility” has the meaning stated in § 8–306(a) of the State Government Article. (3) “Unit” means a unit of the Executive Branch of State government. (b) If a traumatic event occurs in a State facility of a unit and results in the death of an individual, the unit shall obtain mental health support services for any employee of the unit affected by the traumatic event. (c) The services required under this section shall be provided within 48 hours after the traumatic event occurs.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026