State Personnel and Pensions (GSP) — Title 5. Employee Rights and Protections

an employee in any unit of the Executive Branch of State government, including a unit with an independent personnel system; and

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.

comply with all applicable regulations, policies, guidelines, and directives of the Secretary to carry out this section;

cooperate fully with the Coordinator in the investigation of complaints of discrimination in violation of § 5–208 of this subtitle;

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:

provide a copy of the annual report to the Commission on Civil Rights.

the protections and remedies against employment discrimination available to the employee under:

the applicable time limitations for filing complaints under those laws.

administer and enforce the Program; and

investigate and, as appropriate, resolve complaints that involve allegations of violations of this subtitle.

The head of each principal unit shall appoint:

If necessary, the fair practices officer of a unit may also be the unit’s equal employment opportunity officer.

The fair practices officer of the Department of State Police:

All appointments under this subsection shall be made in accordance with position descriptions approved by the Secretary.

implement the Program within the unit;

investigate and, as appropriate, resolve complaints filed under § 5–211 of this subtitle; and

coordinate activities of equal employment opportunity officers in the unit.

monitor all personnel actions adopted by the unit;

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

perform the duties assigned by the fair practices officer and any other duty required by this article.

political affiliation, belief, or opinion; or

any other nonmerit factor.

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.

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.

the complaint procedures in this subtitle; or

the grievance procedures in Title 12 of this article.

the complaint procedures in this subtitle; or

a grievance under Title 13 of the Education Article.

the complaint procedures in this subtitle; or

a grievance under Title 14 of the Education Article.

If a complainant fails to appeal a decision in accordance with this subtitle, the complainant is considered to have accepted the decision.

A failure to decide a complaint in accordance with this subtitle is considered a denial from which an appeal may be made.

that alleges a violation of § 5–208 of this subtitle; or

that alleges harassment in violation of § 20–606(a)(5) of the State Government Article.

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

the head of the principal unit shall issue a written decision to the complainant and may grant any appropriate relief.

the Coordinator:

the Secretary or designee shall:

If the Secretary or designee determines that a violation has not occurred, the Secretary or designee shall dismiss the complaint.

If the Secretary or designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.

order the removal of detrimental information from the complainant's State personnel records;

require the head of the principal unit to:

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

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.

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

the Commonwealth of Virginia’s Fraud and Abuse Whistleblower Protection Act, Title 2.2, Chapter 30.1 of the Code of Virginia.

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

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.

an abuse of authority, gross mismanagement, or gross waste of money;

a substantial and specific danger to public health or safety; or

a violation of law;

a complaint under § 5-309 of this subtitle; or

a grievance under Title 12 of this article.

a complaint under § 5-309 of this subtitle; or

a grievance under Title 13 of the Education Article.

a complaint under § 5-309 of this subtitle; or

a grievance under Title 14 of the Education Article.

A complainant may be represented during the complaint process by any person the complainant chooses.

Either party may be represented at a hearing by counsel.

If a complainant fails to appeal a decision in accordance with this subtitle, the complainant is considered to have accepted the decision.

A failure to decide a complaint in accordance with this subtitle is considered a denial from which an appeal may be made.

An employee subject to this subtitle may file with the Secretary a complaint that alleges a violation of § 5-305 of this subtitle.

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.

send a copy of the complaint to the head of the principal unit named in the complaint; and

advise the head of the principal unit to respond in writing to the complaint within 20 days after receiving the copy.

the complaint shall be investigated to determine whether a violation of § 5-305 of this subtitle has occurred:

the Secretary or designee or the Governor's designee shall:

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.

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.

order the removal of any related detrimental information from the complainant's State personnel records;

require the head of the principal unit to:

within 10 days after receiving a decision under § 5-309 of this subtitle; or

when a decision is not issued within 60 days after the complaint is filed and the complainant requests a hearing.

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.

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:

The confidentiality of records and information protected from disclosure under Title 4 of the General Provisions Article shall be maintained in each hearing.

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.

The decision of the Office of Administrative Hearings is final.

any remedial action allowed under § 5-309(e) of this subtitle; and

costs of litigation and reasonable attorney's fees.

contains a statement of the allegation;

notifies the individual that the matter has been referred to a prosecutor;

advises the individual of the individual's right to obtain counsel; and

advises the individual of the individual's right to refuse to respond to the allegation if a response might be incriminating.

In this subtitle the following words have the meanings indicated.

“State facility” has the meaning stated in § 8–306(a) of the State Government Article.

“Unit” means a unit of the Executive Branch of State government.