1592                                        LAWS OF MARYLAND                                    Ch. 431

CHAPTER 431

(House Bill 221)

AN ACT concerning

State Employee Disclosure and Confidentiality Protection -

Department of Personnel

FOR the purpose of requiring that certain investigations and

procedures be performed by a designee of the Governor when a
complaint under the State employee disclosure and
confidentiality protection law is filed against the
Department of Personnel.

BY repealing and reenacting, with amendments,

Article 64A - Merit System

Section 12H and 12-1

Annotated Code of Maryland

(1983 Replacement Volume and 1985 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That the Laws of Maryland read as follows:

Article 64A - Merit System
12H.

(a)  The Secretary of Personnel shall develop rules and
procedures for the handling and resolution of allegations of
violations of this subtitle.

(b)  An employee or applicant for employment may charge an

appointing authority with a violation of § 12G of this subtitle
in a complaint filed with the Secretary of Personnel. The
Secretary shall notify the appointing authority of the complaint
and shall provide an opportunity for the authority to respond to
the complaint in writing.

(C) (1) [The] EXCEPT WHEN THE COMPLAINT IS FILED AGAINST

THE DEPARTMENT OF PERSONNEL, THE Secretary shall investigate all
complaints filed pursuant to subsection (b) of this section.

WHEN THE COMPLAINT IS FILED AGAINST THE DEPARTMENT OF PERSONNEL,
A DESIGNEE APPOINTED BY THE GOVERNOR SHALL INVESTIGATE COMPLAINTS
FILED UNDER SUBSECTION (B) OF THIS SECTION. The Secretary shall

promptly send a copy of a complaint to any person named in the
complaint as having violated this subtitle.

(2) If the Secretary, OR GOVERNOR'S DESIGNEE, in the
course of investigating a complaint, finds that there are
reasonable grounds to believe that a criminal offense has been
committed, the matter shall be referred promptly to an
appropriate prosecuting authority. The Secretary, OR GOVERNOR'S