In this subtitle, the following words have the meanings indicated. “Abuse of authority” means the arbitrary or capricious exercise of power by a City official or employee that adversely affects the rights of any person or that results in personal gain or advantage to the City official or employee or to preferred other individuals. “Affiliated entity” refers to the following entities:Baltimore City Parking Authority; Baltimore Development Corporation; and South Baltimore Gateway Community Impact District Management Authority. “Agency” means any department, board, commission, council, authority, committee, office, or other unit of City government or of any affiliated entity. “Covered disclosure” means a disclosure:made by an employee; concerning actions arising within the Baltimore City government; initially made to a personnel officer or to the Inspector General; and that the employee reasonably believes to be evidence of:fraud; gross misuse or waste of public resources; abuse of authority; violation of law; or a substantial and specific threat to health, safety, or security. “Covered disclosure” includes a disclosure made during participation in an investigation by the Office of the Inspector General. “Covered disclosure” does not include a disclosure that is prohibited by law. “Employee” means an employee of a City agency, whether employed full-time, part-time, seasonal, contractual, or otherwise, including any member of a City board or commission, regardless of whether the member is compensated. “Notice of declination” means the notice sent by the Office of the Inspector General that informs the whistleblower their complaint is insufficient for the Office of the Inspector General to investigate. “Notice of investigation” means the notice sent by the Office of the Inspector General that informs the whistleblower the Office of the Inspector General will be initiating a whistleblower investigation based on the complaint. “Personnel action” means an act or omission by a supervisor that has a significant adverse impact on an employee, including dismissal, demotion, suspension, punitive transfer or assignment, disciplinary action, negative performance evaluation, failure to appoint, failure to promote, failure to transfer, or failure to assign. “Personnel officer” means an employee of the agency associated with the complaint who is responsible for administering personnel functions. “Supervisor” means any individual who directly or indirectly oversees the work of an employee who files a complaint pursuant to this subtitle. “Whistleblower” means an employee who makes a covered disclosure. Ord. 19-308 Ord. 21-068

Unless a disclosure is specifically prohibited by law, a supervisor may not take retaliatory personnel action against a whistleblower for making a covered disclosure. This section does not prohibit a supervisor from taking any personnel action against a whistleblower if the supervisor would have taken the personnel action regardless of whether the employee made the covered disclosure. Ord. 19-308

This complaint procedures provisions in § 8-6 et seq. of this subtitle do not apply to any non-probationary member of the Civil Service who has been discharged from the Civil Service, reduced in pay or position, or suspended for longer than 30 days. The Civil Service Commission has jurisdiction over personnel actions described in subsection (a) of this section, as provided in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII">City Charter Article VII</cite> §§ 94 through 104. On the Civil Service Commission’s request, the Office of the Inspector General may investigate allegations made to the Civil Service Commission regarding retaliatory personnel actions and provide the Office’s findings to the Commission at or before a Commission hearing to the extent permitted by <cite data-doc="City of Baltimore, Md., Charter" data-path="X">Article X of the Charter of Baltimore City</cite>. The Inspector General’s findings shall state whether the Inspector General believes the personnel actions were in violation of <cite data-path="|1|§8-3">§ 8-3 of this subtitle</cite>. During a Civil Service Commission hearing, the Commission may find that the personnel action described in subsection (a) of this section violates <cite data-path="|1|§8-3">§ 8-3 of this subtitle</cite>. If the Commission finds that the personnel action described in subsection (a) of this section violates <cite data-path="|1|§8-3">§ 8-3 of this subtitle</cite>, this finding may be considered by the Commission in disposing of the matter before it. Ord. 19-308

A whistleblower who believes he or she has been retaliated against for making a covered disclosure shall file a written complaint with the personnel officer. The complaint must be filed within 30 days from when the whistleblower knew or reasonably should have known about the violation. Within 5 business days after receiving a complaint under this section, the personnel officer who received the complaint must give the whistleblower written notice of the complaint’s receipt. Within 10 business days after receiving a complaint under this section, the personnel officer who received the complaint must notify the agency head or the appropriate appointing authority of the agency to the complaint <em>{sic}</em>. Within 60 business <em>{days} </em>after the supervisor <em>{personnel officer} </em>received the complaint, the personnel officer must conduct an investigation and provide written findings to the whistleblower and to the agency head or the appropriate appointing authority of the agency. A whistleblower may choose to file a covered disclosure directly with the Office of the Inspector General if the whistleblower possesses a reasonable and articulable belief that any personnel officer cannot competently investigate the covered disclosure due to a conflict of interest or other specified reason. A whistleblower must file a complaint within 30 calendar days, by close of business on the 30^th day, from when the whistleblower knew or should have reasonably known of the retaliation. If the 30^th day falls on a weekend or holiday or if City offices are closed for an emergency, the next business day when City offices are open shall count as the final day to file a complaint by close of business. When making a covered disclosure, the whistleblower:must act in good faith; must make reasonable efforts to verify all information; and may not knowingly report false information or allegations to the Office of the Inspector General. If the whistleblower initially filed a complaint with a personnel officer, the whistleblower may appeal to the Inspector General if:the personnel officer who received the complaint failed to provide the whistleblower with written findings of the personnel officer’s investigation; or the whistleblower does not agree with the personnel officer’s written findings. An appeal filed with the Inspector General under either paragraph (1)(i) or paragraph (1)(ii) of this subsection must be filed within 30 days from when the personnel officer should have presented or actually presented the whistleblower with the written findings of the personnel officer’s investigation. Ord. 19-308 Ord. 19-332 Ord. 21- 068

Within 5 business days after receiving a written complaint or appeal under § 8-6(c) or (f) of this subtitle, the Office of the Inspector General must give the whistleblower written notice of the complaint’s or appeal’s receipt. Within 30 calendar days of receiving a complaint, the Office of the Inspector General shall provide the whistleblower with a written notice of investigation or a notice of declination depending on the timing and legal sufficiency of the complaint. If initiating an investigation, the Office of the Inspector General shall send a Memorandum of Protected Activity to the whistleblower’s supervisor. Within 150 days of receipt of the complaint, the Office of the Inspector General will present its written findings, including recommendations for action based on the investigation, to:the City Administrator; the relevant agency head; and the whistleblower. Within 14 days of receipt of the Office of the Inspector General’s written findings, the City Administrator must meet with the relevant agency head and the Inspector General to discuss the recommendations included in the written findings. Ord. 19-308 Ord. 21-068

To remedy any violation of this subtitle, an agency head may: order the removal of detrimental information in the whistleblower’s employment record put there due to retaliation related to the complaint; require the relevant supervisor to:hire, promote, or reinstate the whistleblower; end the whistleblower’s suspension from employment; or award the whistleblower back pay to the date of the violation; or provide any other remedy consistent with the agency’s mission. Ord. 21-068

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Inspector General must adopt rules and regulations to carry out this subtitle. Ord. 19-308 Text Conformed 02/09/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Any person aggrieved by a final action under this subtitle may seek judicial review of that action by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. Any party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 19-308

Nothing in this subtitle affects: any action for defamation or invasion of privacy; employee protections or employee grievance procedures provided by law or contract; or any other remedy provided by law. Ord. 19-308

The Department of Human Resources, with the assistance of the Office of the Inspector General and the Law Department, must conduct trainings regarding this subtitle to inform employees and supervisors of their rights and responsibilities. Ord. 19-308

The Office of the Inspector General must create an administrative manual that outlines procedures and other information relative to the handling of complaints under this subtitle. Ord. 19-308