The merit system protection board is authorized to conduct audits, investigations or inquiries, to assure that the merit system is administered in accordance with the provisions of this chapter and regulations promulgated pursuant thereto, and may administer oaths, require the attendance of witnesses and the production of records or other material in connection with an investigation, audit or inquiry. The results of each audit, investigation or inquiry shall be transmitted to the county council, county executive, and chief administrative officer, with appropriate recommendations.
There is hereby created the position of special personnel investigator. The special personnel investigator shall exercise the following powers and perform the following duties and functions:
(a) Investigate any matter referred to him by the merit system protection board.
(b) File a complaint with the merit system protection board where, as result of his investigation of matters referred to him by the board, he has probable cause to believe that the merit system has not been administered in accordance with the provisions of this chapter or regulations promulgated pursuant thereto.
(c) Recommend corrective action on matters which have been referred to him by the merit system protection board.
(d) Designate, with the approval of the council, an alternate special personnel investigator for matters in which he has a conflict of interest or is otherwise unable to pursue.
The special personnel investigator is appointed by the county council for a term of 5 years, or until a successor is appointed and qualified. The council may remove the special personnel investigator on the vote of 6 members of the council. The special personnel investigator must:
(1) have experience in law or personnel matters;
(2) be paid a per diem fee set by contract with the county; and
(3) be reimbursed for necessary expenses.
When an audit, investigation or inquiry gives the board cause to believe that the merit system has not been administered in accordance with the provisions of this chapter or regulations promulgated pursuant thereto, the board may refer the matter to an appropriate investigative entity, including the special personnel investigator, at the board's option. Where a complaint is filed by the special personnel investigator, or on its own motion, the board may hold a hearing and issue a decision ordering such corrective action as it determines to be necessary, including those remedies provided in section 33-14(c). Where the board holds a hearing on its own motion, the board's staff or the special personnel investigator shall be the charging party. In any hearing, the responding party shall include all individuals who may be adversely affected. All investigatory proceedings under this section shall include due process protections consistent with the purposes of this chapter and procedures shall be included in the personnel regulations adopted under method (1) of section 2A-15 of this Code, which specify these protections in further detail. Nothing herein shall be construed to prohibit the board from initiating and acting upon audits, investigations or inquiries until such regulations are adopted. (1983 L.M.C., ch. 17, § 1; 1984 L.M.C., ch. 24, § 39; FY 1991 L.M.C., ch. 11, § 1; , § 1.)
Editor's note-In Lukas v. Bar Ass’n of Montgomery County, Md., Inc., 35 Md. App. 442, 371 A.2d 669 (1977), it was held that a "personnel consultant" who represented County employees in personnel matters against the County was engaged in the unauthorized practice of law.
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 adviser.
