§ 16-236. Testimony before County Council.

(a)

After authorization by a majority vote of the full Council and upon the receipt of a written request by the Chair of the County Council, or chair of a Council committee, setting forth the time, place, and subject matter of a hearing, an employee or officer of the County shall be required to be present and to testify to matters relative to the subject matter of the hearing. When so requested, an employee shall produce documents or papers in his possession or custody. An employee or officer shall not be required to testify on any matter that is protected by Executive privilege as defined under Maryland law (generally policy discussion with the Executive).

(b)

An employee testifying at the request of the Council or committee chair shall be deemed on authorized County business and shall be granted compensatory time for time spent outside of duty hours for the purpose of such testimony, as is consistent with existing salary plans.

(c)

It shall be a prohibited human resources practice for any employee or official of the County to interfere with, threaten with disciplinary action, or otherwise attempt to restrain an employee from testifying when so requested by the Council or committee chair.

(d)

A prohibited human resources practice as defined in Subsection (c) shall be a basis for the initiation of a grievance and shall constitute a defense against an adverse action taken solely as a reprisal for testifying under this Section.

(1)

Where an adverse action is taken within six months after the employee has appeared before the Council, or a committee of the Council, it shall be presumed that such adverse action is a prohibited human resources practice. Such presumption shall only be rebutted by clear and convincing evidence to the contrary.

(CB-72-1982; CB-22-2000, CB-25-2000; CB-91-2003)