I_WorkplaceStudy_2018A 10/11/2018 09:06:36 AM Committee Summary

Amanda King, Legislative Council Staff, explained the process used for receiving the written public feedback on the draft recommendations.  A copy of the written public feedback was distributed to the committee [Attachment B].  The committee discussed how to address the feedback received.

Jerry Barry, Office of Legislative Legal Services (OLLS), reviewed the document prepared by OLLS containing the draft recommendations [Attachment C].  He provided an overview of Section I. of Attachment C, concerning the structure of the new human resources office.  The committee discussed the anonymous complaint reporting tool.  The committee discussed how to clarify in the final report the points on which the committee did not reach consensus.

Mr. Barry continued to review the draft recommendations concerning the new human resources office, including the physical location of the offices and the name of the office.  The committee discussed potential names for the proposed office.

Mr. Barry reviewed the recommendations regarding the anonymous complaint reporting tool.  The committee discussed the anonymous complaint reporting tool. 

 

Mr. Barry discussed the committee recommendation that there not be a formal ombudsperson in the proposed office.

Mr. Barry reviewed Sections II. and III. of Attachment C, concerning persons who may receive complaints under the policies and the informal workplace complaint resolution process. The committee discussed the recommendations regarding the informal workplace complaint resolution process.

The committee discussed how information received through the anonymous complaint reporting tool would be handled.  Ben FitzSimons, Legisaltive Human Resources Administrator, responded to questions about an annual report to the General Assembly regarding the number and types of complaints.  Committee discussion ensued about the annual report.

The committee further discussed the informal complaint process and noted the written public feedback comments received from Colorado Coalition Against Sexual Assault (CCASA).  Specifically, the committee discussion focused on Section III. D. b., on page 3, lines 17 to 21 of the draft recommendations.  The committee members discussed including language to further amend this section of the recommendations to include "when practicable" regarding notice to the complainants in certain circumstances.

Mr. Barry reviewed the draft recommendations concerning formal workplace harassment complaints. The committee discussed the standards outlined in Section IV. A. of Attachment C and balancing the wishes of the complainant with protecting the workplace.  Mr. FitzSimons answered questions about how a formal complaint is handled if a complainant does not want to participate in the formal complaint.  Committee discussion ensued about when an informal complaint could turn into a formal complaint, including how confidentiality is handled.  Megan Waples, Office of Legislative Legal Services, and Mr. FitzSimons responded to questions from the committee regarding confidentiality.

The committee members discussed the committee's position presented in Section IV. A. e. of Attachment C, regarding retaliation.  The committee recessed.

The committee came back to order.

Raana Simmons, CCASA, was asked to provide additional information regarding the written feedback her organization provided to the committee.

Mr. Barry and Mr. FitzSimons responded to questions from the committee about the informal and formal complainant process and the application of the legislative workplace harassment policy.

Mr. Barry and the committee further discussed confidentiality regarding the informal and formal complaint process.

Mr. Barry reviewed Section IV. B. of Attachment C, regarding participation in a formal workplace complaint investigation.  The committee discussed the written public feedback received from the Secretary of the Senate concerning witnesses.

Mr. Barry reviewed the draft recommendations in Section IV. C. and D. of Attachment C, concerning information provided to the respondent and complainant.  The committee discussed the use of private email accounts to communicate with the parties.  Ms. Simmons, Mr. Barry, Ms. King, Mr. FitzSimons, and the committee discussed retaliation and confidentiality, including disclosing the identity of a party or witness as an act of retaliation.  The committee and Ms. Simmons discussed confidentiality agreements.

Mr. Barry reviewed Section IV. E. of Attachment C, regarding the role of a victim advocate, and Ms. Simmons explained her organization's written feedback.  The committee discussed the role of the advocate in the formal complaint process.  Ms. Simmons referenced the definition of victim's advocate in Section 13-90-107, C.R.S.

Mr. Barry reviewed Section IV. F. and G. of Attachment C, concerning anti-retaliation and the legal standard for findings in an investigation.

Mr. Barry provided an overview of Section V. of Attachment C, regarding the formal workplace harassment complaints again the nonpartisan staff. The committee discussed the written public feedback concerning the recommendations in Section V. C. c., about discipline.  Specifically, an issue was raised about the ability to discipline an employee outside of the range recommended by the Office of Legislative Workplace Relations.

Mr. Barry reviewed Section IV. of Attachment C, concerning formal workplace harassment complaints against partisan staff and members.  The committee discussed matters related to confidentiality and redaction of investigatory reports. 

 

The committee gave the OLLS staff direction to update the recommendations to reflect the position of all six members of the committee regarding investigatory reports.  The recommendations previously did not have the input of all of the committee members.  Mr. Barry reviewed the requested changes to page 6, Section VI. C. a., to state that one member of the committee recommended that the parties receive a redacted report.  He continued to review the requested changes, including changing page 4, line 27, to strike "three" and substitute "four".  Mr. Barry reviewed the requested change as it relates to recommendations on page 4, lines 32 to 36, and that the recommendations should reflect that one member recommended that legislative leadership should receive a redacted report in cases involving partisan staff.  Finally, he reviewed the requested changes regarding the language regarding cases in which a resolution for reprimand, censure, or expulsion is introduced.

Mr. Barry resumed discussion of Section VI. C. d. of Attachment C, regarding cases when a resolution for censure or expulsion is filed.  The committee discussed the draft recommendations regarding executive summaries being released to the public after a resolution for censure or explusion is filed.

The committee recessed.

The committee came back to order. The committee resumed the discussion on executive summaries. Mr. Barry discussed Section VI. C. e. of Attachment C, regarding information provided to new leadership.

Mr. Barry outlined Section VI. D. of Attachment C, regarding the process following an investigation of a complaint against partisan staff or a legislative member.  Mr. FitzSimons answered questions regarding his role with the new committee proposed for handling complaints against partisan staff and legislative members.  Mr. Barry reviewed Section IV. D. b. 3. of Attachment C, regarding findings that an action warrants accountability, but does not rise to expulsion or censure.

Mr. Barry reviewed Sections VII. and VIII. of Attachment C., concerning complaints against lobbyists and confidentiality.  The committee discussed the recommendations regarding confidentiality.

Mr. Barry provided an overview of the draft recommendations regarding culture in Section IX. of Attachment C.  Ms. Simmons commented on the draft recommendations concerning culture. Mr. Barry responded to questions about conducting annual surveys on workplace harassment and culture.  The committee discussed clarifying that the annual report of the survey findings to be a public document.

Mr. Barry provided an overview of the draft recommendations regarding training in Section X. of Attachment C.  The committee discussed disclosure of training attendees.  Mr. Barry continued the review of the draft recommendations regarding training.

Mr. Barry outlined Section XI. of Attachment C, regarding additional recommended changes to the workplace harassment policy.  The committee discussed with Mr. Barry what constitute an intimate relationship or a consensual relationships, and a reference was made to the written public feedback from the Secretary of the Senate on the topic.  Mr. FitzSimons responded to questions regarding disclosure of consensual relationships.  Committee discussion ensued about the disclosure of certain relationships.

Mr. Barry continued the review of additional recommendations to the workplace harassment policy concerning disclosure of consensual relationships.  The committee discussed this topic.  Mr. Barry continued his review of the additional recommendations related to false reporting.  The committee directed OLLS staff to change page 10, line 39, of the draft recommendations to say three members.

Mr. Barry and Ms. Waples discussed Section XII. of Attachment C, regarding changes to Colorado Open Records Act (CORA).  The committee discussed clarifying that the report of nonidentifying statistical information would be a public document. The committee discussed draft recommendations related to CORA.

Mr. Barry reviewed Section XIII. of Attachment C, regarding changes to the open meetings laws. The committee discussed this topic and whether votes should be made in open session. Committee discussion ensued about confidentiality and cases in which a member is involved. Mr. Barry responded to questions from the committee regarding executive summaries. Committee discussion ensued regarding confidentiality regarding the new committee.

Mr. Barry further addressed the recommendation regarding opening meeting laws. He outlined Section XIV. of Attachment C, regarding recommended actions by the committee and answered questions from the committee.

The committee discussed the written public feedback received from the Secretary of the Senate regarding Exhibit 2.

Senator Gardner explained Amendment #1 [Attachment D].

Ms. Waples explained Amendment #3 [Attachment E].

Ms. Waples explained Amendment #4 [Attachment F].  The committee discussed Amendment #4.  Ms. Waples answered questions from the committee regarding CORA.

Ms. Waples explained Amendment #5 [Attachment G]. The committee discussed Amendment #5.

Ms. Waples explained Amendment #2 [Attachment H].  Mr. Barry explained Amendment #6 [Attachment I].

Mr. Barry explained Amendment #7 [Attachment J].  The committee recessed.

The committee came back to order.  Mr. Barry continued to explain Amendment #7.  The committee discussed Amendment #7.

Ms. Waples explained Amendment #8 [Attachment K].

Mr. Barry explained Amendment #9 [Attachment L].  He answered questions from the committee.

The committee discussed making changes to the exhibits to reflect changes adopted through the amendments to the draft recommendations document.  Ms. King referenced the draft report of the Legislative Workplace Interim Study Committee [Attachment M].  The committee requested that the Estimated Costs section of the draft report be revised to state that the information presented does not reflect the estimated fiscal impact of the final recommendations of the committee. 

The committee recessed.

The committee came back to order.  Senator Gardner discussed the inclusion of the Employers Council in the language on page 8, lines 12 and 13 of Exhibit 1.

Senator Gardner explained Amendment #10 [Attachment N].

The committee discussed Amendment #10 and Exhibit 1.  Mr. Barry answered in questions regarding Amendment #10 and Exhibit 1.

The committee discussed the draft exhibits, including language concerning retaliation, examples of sexual contact, and the reasonable person standard.  The committee clarified that OLLS staff should incorporate changes made to the draft recommendations into the exhibits, as well.

Mr. Barry responded to questions regarding when a respondent's name would be released.  Committee members clarified their positions about when the name of a respondent should be released, if the respondent is a member, and directed OLLS staff to revise the draft recommendations to reflect that clarification.

The committee discussed the solicitation for written public feedback process and the comments provided through that process.  Mr. FitzSimons responded to questions from the committee regarding his involvement in current investigations.

Committee members made concluding remarks.

Speaker Duran called the meeting to order.  A meeting agenda was distributed [Attachment A].