§ 33-17. Prohibited personnel practices; criminal penalty.  


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  • (a) No county employee or other person acting in concert with a county employee shall threaten, promise to take, or take any official action with respect to any individual employee for the purpose of inducing or coercing political activity of any county employee or applicant for county employment (including the providing of any political contribution or service), or take any official action against any county employee or applicant for county employment as a reprisal for the refusal of the person to engage in any political activity.
    (b) No person shall willfully make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provisions of this law or in any manner commit or attempt to commit any fraud preventing the impartial execution of this law and any regulations issued thereunder.
    (c) No county employee or other person acting in concert with a county employee shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for the purpose of providing any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, county employment.
    (d) No county employee or other person acting in concert with a county employee shall willfully defeat, deceive or obstruct any person in his right to examination, eligibility, certification or appointment under this law, or furnish to any person special or confidential information for the purpose of affecting the rights of any person with respect to employment under the county merit system.
    (e) No county employee or other person acting in concert with a county employee shall willfully grant any preference or advantage contrary to law, rule or regulation to any merit system employee or applicant for merit system employment (including preselection or defining the scope or manner of competition or the requirements for any position primarily for the purpose of improving or ensuring the prospects of a particular person for a merit system position rather than for the purpose of advancing or improving service to the public, contrary to merit system principles).
    (f) No county employee or other person acting in concert with a county employee shall willfully take or cause to be taken a personnel action with respect to a merit system position or merit system employee on the basis of political affiliation or family relationship.
    (g) A person must not threaten, promise, or take any action against a County employee to:
    (1) induce or coerce an employee to take an illegal or improper action; or
    (2) retaliate against an employee for disclosing information to a Federal, State, or County official or employee concerning an illegal or improper action in County government that the employee has a good faith belief is accurate.
    Any person who shall violate any of the above provisions shall be guilty of a misdemeanor and shall, on conviction thereof, be punished by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for a term not to exceed six (6) months or by both. (1983 L.M.C., ch. 17, § 3; , § 1.)
    Editor's note-In Andre v. Montgomery County Personnel Board, 37 Md. App. 48, 373 A.2d 1149 (1977), it was held that there was no denial of due process which would justify the award of monetary damages to a person who, along with others, was denied a promotion when the County failed to follow established promotion procedures, as the procedures are not a guarantee of a promotion. (Subsection (d) above is cited).