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J_ECLC_2018A 04/05/2018 08:02:06 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
Date 04/05/2018
Attendance
Becker K. X
Garcia X
Holbert *
Neville P. X
Grantham X
Duran X
Time 08:02:06 AM to 09:47:37 AM
Place HCR 0107
This Meeting was called to order by Duran
This Report was prepared by Rachel Kurtz-Phelan
Hearing Items Action Taken
Presentation of the Legislative Workplace Study Committee Discussion Only

Presentation of the Legislative Workplace Study - Committee Discussion Only


08:02:15 AM  
Speaker Duran invited Liz Rita, CEO of
Investigations Law Group (ILG), to begin the presentation of the Legislative
Workplace Study. The report can be found at:
http://leg.colorado.gov/publications/legislative-workplace-study
08:04:32 AM  
Ms. Rita discussed the results of the survey
that ILG administered to members of the General Assembly, staff, aides,
interns, lobbyists and members of the media.  She discussed some of
the positive results, as well as the challenges uncovered in the Capitol
workplace, and mentioned that the report also provides tangible, turn-key
proposals and suggestions to implement.  She discussed the scope of
the project, including the goals and tasks set forth in the Request for
Proposal, which can be found as Attachment A.  Ms. Rita stated that
she would discuss the methodology ILG used, some historical data of the
General Assembly's culture, and a summary of the groups's recommendations.
08:09:37 AM  
Ms. Rita continued to discuss the online
survey, and explained the methodology rubric used to produce the report,
including surveys and in-person interviews.  She reviewed in further
detail some of the most important findings to come out of the survey.

08:22:59 AM  
Ms. Rita continued to review and provide
data about several of the group's findings outlined in the report.  She
stated that several themes emerged from the in-person interviews, including
concern and confusion about inappropriate behavior that does not rise to
the level of harassment; concerns about a power structure that discourages
peple from reporting harassment; discussion about sexist commentary; the
need for a better and more transparent policy, neutral party involvement,
consequences for inappropriate behavior, and an anonymous reporting option;
and uncertainty in knowing how to deal with possible retaliation against
those reporting harassment.  
08:38:00 AM  
The final type of methodology Ms. Rita
discussed was the full-day summit of 24 experts that ILG convened to examine
the General Assembly's current workplace harassment policy and brainstorm
recommendations for improvement.  She stated that several themes emerged
from the summit, including the following: the need for a strong, independent
Human Resources (HR) position in the General Assembly, the need for an
external committee to examine complaints against lawmakers, that findings
against lawmakers should be made public, that student interns need special
protections, the need for an HR ombudsperson, and the importance of an
anonymous option to file harassment complaints.  Ms. Rita stated that
the process of investigations and resolutions should be kept as confidential
as possible, the General Assembly should not only increase anti-harassment
training requirements but make the training more effective and useful.
 She talked about the need for early intervention to help prevent
situations from arising to the level of workplace harassment or sexual
harassment.
08:44:44 AM  
Ms. Rita summarized the findings and recommendations
outlined in the report.
08:48:56 AM  
Ms. Rita explained that ILG came up with
six catergories of recommendations:  enhance the legislature's HR
function and to make the position more powerful and impartial; focus on
workplace culture; establish a new, informal resolution process; and revamp
the resolution process for when there is a more serious accusation of workplace
harassment, sexual harassment, or retaliation.
08:55:45 AM  
Ms. Rita explained that the last two categories
of recommendations are transparency and continual monitoring of the efficacy
and success of any new policies the legislature enacts.
09:01:00 AM  
Ms. Rita explained in further detail ILG's
recommendations about a new HR structure, which entail the creation of
a new Office of Legislative Culture.  The office would be an agency-level
office to be comprised of a full time director, a full-time Equal Employment
Opportunity (EEO) officer, a workplace culture specialist who would be
in charge of positive outreach, trainings, awareness campaigns, and facilitating
conversations, and a confidential Workplace Ombudsperson.  Another
recommendation was to convene an independent, external EEO advisory panel
to receive complaints that arise to a very serious or unlawful level, and
that would be set up in a similar way to the Independent Ethics Commission.
 ILG also recommended establishing a standing workplace culture committee
to hear the results of investigations and discipline recommendations from
the advisory panel and make decisions about next steps.

09:08:46 AM  
Ms. Rita walked the committee through an
example of how a complaint would go through the process as outlined in
the recommended new policy.  She stated that the new recommended process
professionalizes and standardizes the entire complaint process, and puts
the process in the hands of trained professionals.
09:13:44 AM  
Committee members gave comments on the
report and asked Ms. Rita questions.  The committee discussed whether
to change Joint Rule 38 before the end of the 2018 legislative session
or instead work on changes during the interim and make changes during the
2019 session.  Ms. Rita recommend at least enacting a new harassment
policy before the end of the 2018 session.  Ms. Rita answered questions
about the potential ombudsperson position and issues of confidentiality,
as well as how anonymous complaints would be investigated under the recommended
new process.
09:21:42 AM  
The committee members discussed how the
committee should move forward. They discussed the need for a code of conduct
for legislators and lobbyists, and for mandatory reporting.
09:28:19 AM  
The committee continued to discuss next
steps.  Ms. Rita continued to answer questions about the group's recommendations
outlined in the report.
09:39:34 AM  
Mike Mauer, Director of Legislative Council Staff, came to the table to answer questions from the committee about the contract with ILG.
09:43:14 AM  
Ms. Rita continued to answer questions from the committee.


09:47:37 AM   Committee Adjourned






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