§ 33-10. Disclosure of illegal or improper actions in County government; protection for merit system employees against retaliation or coercion; appeals.

(a) Disclosure of illegal or improper actions.

(1) Employees should report illegal or improper actions in County government.

(2) Employees should first report illegal or improper actions to the individual responsible for corrective action. That person may be anyone from the employee's immediate supervisor to the County Executive, or for legislative branch employees, the County Council.

(b) Protection for employees.

(1) A personnel action is an act or omission by a supervisor which has a significant adverse impact on the employee, or a change in the employee’s duties or responsibilities which is inconsistent with the employee’s grade and salary. A personnel action does not include an act or omission by a supervisor that is not subject to review by the Merit Systems Protection Board under Section 33-12.

(2) A merit system employee must not be subjected to a personnel action in retaliation for:

(A) refusing to obey an instruction involving an illegal or improper action; or

(B) disclosing, to a Federal, State or County official or employee, information concerning illegal or improper action in County government with a reasonable good-faith belief that the information disclosed is accurate.

(3) This subsection does not protect a merit system employee if the:

(A) employee's actions were frivolous, unreasonable, and without foundation, even though not brought in bad faith;

(B) employee, without good cause, did not comply with applicable regulations concerning the making of such disclosures; or

(C) employee was the subject of an otherwise proper personnel action that would have been taken regardless of the employee’s disclosure of information concerning illegal or improper action in County government.

(c) Appeal. A merit system employee who alleges that he or she was subject to a retaliatory personnel action in violation of subsection (b) may appeal to the Merit System Protection Board under Section 33-12.

(d) Decision. The Board must issue a written decision, including necessary findings of fact and conclusions of law, and may order any remedy authorized by Section 33-14. (1979 L.M.C., ch. 24, § 2; 1982 L.M.C., ch. 40, § 5; 1990 L.M.C., ch. 21, § 4; , § 1.)

Editor's note-In Waller v. Montgomery County, 36 Md. App. 326, 373 A.2d 971 (1977), it was held that a person cannot sue alleging he had been discharged without due process unless he had exhausted his administrative remedies (citing former §§ 33-23(e), (h), and 33-25).

See County Attorney Opinion dated discussing the authority and role of the Merit System Protection Board and the role of the County Attorney as legal advisor. See County Attorney Opinion dated explaining that quasi-judicial agencies generally do not have standing to participate in appeals from the agency’s decisions, but may have an interest in certain circumstances.