<?xml version='1.0' encoding='utf-8'?>
<unit kind="division" number="20" name="County Employees' Bill of Rights" slug="division-20" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV20COEMBIRI">
  <section number="16-234" name="Political activity" law="code" slug="sec-16-234" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV20COEMBIRI_S16-234POAC">
    <text>Pursuant to Section 909 of Article IX of County Charter, all employees may participate or refrain from participating in partisan political activity, except where otherwise prohibited by Federal or State statute. Employees shall not engage in partisan political activity during their hours of employment.</text>
  </section>
  <section number="16-235" name="Prohibited human resources practices" law="code" slug="sec-16-235" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV20COEMBIRI_S16-235PRHUREPR">
    <level label="a">
      <text>It shall be wrongful and illegal and a prohibited human resources practice for any employee who has authority to take, direct others to take, recommend, or approve any human resources action, to take or fail to take a human resources action with respect to any employee or applicant for employment solely, as a reprisal for a disclosure of information by an employee or applicant as to action taken by another employee or applicant which the employee or applicant reasonably believes evidences:</text>
      <level label="1">
        <text>A violation of any law, rule or regulation; or</text>
      </level>
      <level label="2">
        <text>Mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety if such disclosure is not specifically prohibited by law.</text>
      </level>
    </level>
    <level label="b">
      <text>The Director of Human Resources Management and the head of each department or agency shall be responsible for the prevention of prohibited human resources practices. Any individual to whom a department delegates authority for human resources management, or for any aspect thereof, shall be similarly responsible within the limits of the delegation. Nothing in this Subsection shall be construed to create a civil or criminal liability on the part of the Director of Human Resources Management, department head, or any other individual who did not directly engage in a prohibited human resources practice.</text>
    </level>
    <level label="c">
      <text>A prohibited human resources practice as defined in Subsection (a) shall constitute a basis for the initiation of a grievance.</text>
    </level>
    <level label="d">
      <text>A prohibited human resources practice as defined in Subsection (a) shall constitute a defense against an adverse action taken solely as a reprisal for a disclosure of information as set forth in Section 16-235(a), above.</text>
    </level>
  </section>
  <section number="16-236" name="Testimony before County Council" law="code" slug="sec-16-236" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV20COEMBIRI_S16-236TEBECOCO">
    <level label="a">
      <text>After authorization by a majority vote of the full Council and upon the receipt of a written request by the Chair of the County Council, or chair of a Council committee, setting forth the time, place, and subject matter of a hearing, an employee or officer of the County shall be required to be present and to testify to matters relative to the subject matter of the hearing. When so requested, an employee shall produce documents or papers in his possession or custody. An employee or officer shall not be required to testify on any matter that is protected by Executive privilege as defined under Maryland law (generally policy discussion with the Executive).</text>
    </level>
    <level label="b">
      <text>An employee testifying at the request of the Council or committee chair shall be deemed on authorized County business and shall be granted compensatory time for time spent outside of duty hours for the purpose of such testimony, as is consistent with existing salary plans.</text>
    </level>
    <level label="c">
      <text>It shall be a prohibited human resources practice for any employee or official of the County to interfere with, threaten with disciplinary action, or otherwise attempt to restrain an employee from testifying when so requested by the Council or committee chair.</text>
    </level>
    <level label="d">
      <text>A prohibited human resources practice as defined in Subsection (c) shall be a basis for the initiation of a grievance and shall constitute a defense against an adverse action taken solely as a reprisal for testifying under this Section.</text>
      <level label="1">
        <text>Where an adverse action is taken within six months after the employee has appeared before the Council, or a committee of the Council, it shall be presumed that such adverse action is a prohibited human resources practice. Such presumption shall only be rebutted by clear and convincing evidence to the contrary.</text>
      </level>
    </level>
  </section>
  <section number="16-237" name="Abridging the freedom of speech" law="code" slug="sec-16-237" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV20COEMBIRI_S16-237ABFRSP">
    <text>An employee may publicly or privately comment upon any matter of public policy of general interest and upon any subject that is not prohibited from disclosure by the Maryland Public Information Act. Notwithstanding the above, an employee may not represent the views of the agency/department in an official capacity nor disclose confidential information as defined under Maryland law.</text>
  </section>
  <section number="16-238" name="Use of employee's Social Security account number" law="code" slug="sec-16-238" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV20COEMBIRI_S16-238USEMSOSEACNU">
    <level label="a">
      <text>It shall be the policy of the County to protect the privacy of an employee's Social Security account number as contained in official County records and business correspondence. The Directors of the Office of Finance and the Office of Human Resources Management shall ensure such protection in the maintenance of records and conduct of financial and personnel transactions.</text>
    </level>
    <level label="b">
      <text>An employee's Social Security account number may only be used for legitimate business purposes in carrying out the duties and responsibilities of County government. Access to records which contain an employee's Social Security account number shall be limited to those employees or agents who are preauthorized in writing by the Directors of the Office of Finance and the Office of Human Resources Management and/or the Director whose job duties necessitate the recording or receiving information in the normal course of business which includes employee Social Security account numbers.</text>
    </level>
  </section>
  <section number="16-239" name="Disclosure of personal financial information" law="code" slug="sec-16-239" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV20COEMBIRI_S16-239DIPEFIIN">
    <level label="a">
      <text>An employee may not be required to disclose any item of property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of the employee's immediate family, unless that information is necessary to investigate an alleged conflict of interest with respect to the performance of the employee's official duties or unless such disclosure is required by Federal, State, or County law.</text>
    </level>
    <level label="b">
      <text>Nothing in this Act shall remove the requirements imposed by the Prince George's County Board of Ethics for employees who are designated to file an annual disclosure statement with the aforementioned Board.</text>
    </level>
    <level label="c">
      <text>An employee may engage in secondary employment that is not in conflict with the performance of the employee's official duties, and does not pose a conflict of interest.</text>
    </level>
  </section>
  <section number="16-240" name="Retaliation for exercising rights" law="code" slug="sec-16-240" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV20COEMBIRI_S16-240REEXRI">
    <level label="a">
      <text>It shall be a prohibited human resources practice for any employee or official of the County to interfere with, threaten disciplinary action, or otherwise attempt to prevent an employee from exercising his/her rights granted under the Personnel Law or the Charter.</text>
    </level>
    <level label="b">
      <text>If an adverse action has been taken against an employee and the employee claims that such action was in retaliation for the exercise of rights granted under this Division, the Personnel Board shall determine the validity of the claim in accordance with Section 16-203 of the County Code.</text>
    </level>
  </section>
  <section number="16-241" name="Investigation of employee for conduct-related disciplinary action" law="code" slug="sec-16-241" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV20COEMBIRI_S16-241INEMCOLADIAC">
    <level label="a">
      <text>Whenever an employee is subject to investigation for any reason which could lead to the imposition of conduct-related disciplinary action pursuant to Section 16-193, the following procedures shall apply:</text>
      <level label="1">
        <text>Investigatory interviews with employees are to be conducted in a setting which affords privacy, so as to ensure, as far as practicable, that the discussions are confidential.</text>
      </level>
      <level label="2">
        <text>The interview shall be scheduled at reasonable times, preferably during the employee's normal working hours. Interviews shall be for reasonable time and will allow for rest periods as necessary.</text>
      </level>
      <level label="3">
        <text>The employee subject to investigation shall be informed of the general nature of the investigation, potential charges which may ensue, and possible disciplinary outcomes.</text>
      </level>
      <level label="4">
        <text>If the interview is recorded, the employee shall be informed prior to being questioned, and a copy of the recorded interview shall be provided to the employee at the conclusion of the investigation.</text>
      </level>
    </level>
    <level label="b">
      <text>In the event that a disciplinary action is not initiated against the employee or is not sustained by the Personnel Board pursuant to Division 13, all copies of the record of investigation shall be expunged from all records and destroyed.</text>
    </level>
    <level label="c">
      <text>Nothing in this Act shall prevent an appointing authority from ordering the immediate suspension of an employee who meets the criteria for such action under the Personnel Law.</text>
    </level>
  </section>
  <section number="16-242" name="Waiver of Rights" law="code" slug="sec-16-242" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV20COEMBIRI_S16-242WARI">
    <text>An employee may waive in writing any of the rights provided in this Division; provided, however, that such a waiver be specific and that no waiver shall be requested or demanded by any person as a condition of employment or continued employment.</text>
  </section>
  <section number="16-243" name="Sanctions" law="code" slug="sec-16-243" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV20COEMBIRI_S16-243SA">
    <level label="a">
      <text>Any employee who alleges that any rights provided by this Division have been violated by an appointing authority or a person acting on behalf of the appointing authority may initiate a grievance.</text>
    </level>
    <level label="b">
      <text>Any employee who is found to have knowingly, willfully, or with reckless disregard violated provisions of this Division shall be subject to disciplinary action in accordance with applicable provisions of the Subtitle.</text>
    </level>
    <level label="c">
      <text>A supervisor who receives information that an employee under his/her supervision has allegedly violated the provisions of this Section shall review the allegations and promptly report the information along with any recommendations to the next level of supervision.</text>
    </level>
  </section>
</unit>
