HARRY HUGHES, Governor

2999

Standing alongside the right of free speech is the
equally important right to privacy and confidentiality. The
protection of one must not overshadow the other as long as
accommodation of both is possible.

The purpose of this subtitle is to prohibit any State
appointing authority from using a personnel action as a
retaliatory measure against an employee or applicant for
State employment who has made a disclosure of illegality or
impropriety. In recognition of the need to keep some types
of information confidential, this subtitle provides that
certain information may be freely provided to the office of
the Attorney General by classified employees under the same
protection from employment retaliation; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 64A - Merit System

EMPLOYEE DISCLOSURE AND CONFIDENTIALITY PROTECTION

12F.

NOTHING IN THIS SUBTITLE SHALL ABRIDGE ANY ACTION FOR
DEFAMATION OR INVASION OF PRIVACY.

12G.

(A) (1) UNLESS A DISCLOSURE IS SPECIFICALLY PROHIBITED
BY LAW, AN APPOINTING AUTHORITY MAY NOT TAKE OR REFUSE TO
TAKE A PERSONNEL ACTION WITH RESPECT TO AN EMPLOYEE OR
APPLICANT FOR EMPLOYMENT AS A REPRISAL FOR, OR BECAUSE OF,
ANY DISCLOSURE OF INFORMATION BY THE EMPLOYEE OR APPLICANT
FOR CLASSIFIED EMPLOYMENT WHICH THE EMPLOYEE OR APPLICANT
REASONABLY BELIEVES EVIDENCES:

(I)  A VIOLATION OF ANY LAW, RULE, OR
REGULATION;

(II)  GROSS MISMANAGEMENT, GROSS WASTE OF
FUNDS, OR ABUSE OF AUTHORITY; OR

(III)  A SUBSTANTIAL AND SPECIFIC DANGER TO
PUBLIC HEALTH OR SAFETY.

(2) THIS SUBTITLE PROVIDES REMEDIES WHICH ARE
SUPPLEMENTAL TO ORDINARY STATE EMPLOYEE GRIEVANCE PROCEDURES
PRESCRIBED BY THIS ARTICLE AND RULES AND REGULATIONS
PROMULGATED THERETO.

(3) THIS SECTION DOES NOT PROHIBIT ANY PERSONNEL
ACTION WHICH OTHERWISE WOULD HAVE BEEN TAKEN REGARDLESS OF
ANY DISCLOSURE OF INFORMATION.