Bill Text: NJ A1248 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires adoption of and training on anti-discrimination and anti-harassment policy by certain campaign committees; creates Office on Discrimination and Harassment Prevention; appropriates $2,000,000.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced, Referred to Assembly State and Local Government Committee [A1248 Detail]
Download: New_Jersey-2022-A1248-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
Co-Sponsored by:
Assemblywoman Reynolds-Jackson
SYNOPSIS
Requires adoption of and training on anti-discrimination and anti-harassment policy by certain campaign committees; creates Office on Discrimination and Harassment Prevention; appropriates $2,000,000.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the prevention and remediation of discrimination and harassment occurring in certain campaign committees, supplementing P.L.1973, c.83 (C.19:44A-1 et seq.), and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Years of reporting, legislative hearings, public listening sessions and surveys have documented the toxic climate of harassment, sexual violence and misogyny that too often pervades New Jersey's political culture.
b. Political candidates, campaigns and party organizations have a vested interest in suppressing, hiding or ignoring allegations of sexual misconduct to avert political damage or preserve personal power and control.
c. The practice of politics is conducted in a fluid sphere of political campaigns, party organizations, and the after-hours intersection of politics, government, lobbying and advocacy where traditional human resource policies and protections often do not apply or do not exist.
d. Survivors of sexual violence, harassment and other misconduct risk retaliation, side-lining or the loss of their political careers if they complain publicly or even privately about misogynistic treatment, and those who do rarely receive justice.
e. Therefore, it is necessary to require campaigns and political organizations to adopt anti-harassment policies, implement training and designate individuals to receive confidential complaints of sexual misconduct, and also to establish an independent investigative unit not subject to control by campaign, party or elected officials to receive and probe allegations of sexual violence, harassment and misconduct in the world of New Jersey politics.
2. As used in this act, P.L. , c. (C. ) (pending before the Legislature as this bill):
"Campaign and political staff" includes any person, whether paid or unpaid, rendering personal, clerical, administrative, or professional services, including, without limitation, public relations, research, legal, canvassing, telephone, speech writing, or other such services; except that "campaign and political staff" shall not include such persons who are unpaid if they render such services four or less days during one calendar year.
"Candidate committee," "joint candidates committee," "political party committee," and "continuing political committee" shall have the meanings prescribed for those terms by section 3 of P.L.1973, c.83 (C.19:44A-3).
"Governmental affairs agent" shall have the same meaning as provided in section 3 of P.L.1971, c.183 (C.52:13C-20).
"Member of the press" means any individual who works in the gathering, processing, disseminating, and delivery of news and information that serves the public interest to the public through mass media, including on Internet platforms, television, radio, and in newspapers.
"Political activities" means any effort to support or oppose any candidate, partisan political office, or partisan political group. "Political activities" shall also include any efforts to influence the passage or defeat of any legislation, policy, or regulation.
"Political contributions" means any payment to an individual, other than a candidate, political party, or an affiliated organization, to render services and engage in political activities.
"Protected category" means race, creed, color, national origin, nationality, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, pregnancy or breast feeding, marital status, civil union status, domestic partnership status, familial status, religion, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability.
"Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
"Third-party harassment" means unwelcome behavior involving any protected category that is not directed at an individual but exists in the workplace and interferes with an individual's ability to do the individual's job.
"Trauma-informed care" or "trauma-informed interviewing" means care or services provided pursuant to an approach that: (1) recognizes the presence of trauma symptoms in a person; (2) acknowledges the role trauma may play in an individual's life; (3) integrates knowledge about trauma into policies, procedures, and practices; (4) is guided by principles of establishing safety, trustworthiness and transparency, peer support, collaboration and mutuality, empowerment and choice, and an understanding of cultural, historical, and gender issues; and (5) actively avoids re-traumatization.
3. a. There is created within the New Jersey Election Law Enforcement Commission, established pursuant to section 5 of P.L.1973, c.83 (C.19:44A-5), an Office on Discrimination and Harassment Prevention. The office shall be comprised of at least three employees, which shall include, at a minimum, a director and two investigators. The investigators shall have professional expertise in the area of survivor support and trauma-informed interviewing.
b. The office shall receive, review, and investigate, in a prompt, thorough, and impartial manner, all reasonable and good faith complaints of discrimination or harassment received from or made against:
(1) any candidate or campaign and political staff member of a candidate committee, joint candidates committee, or political party committee;
(2) any member of a political party committee or continuing political committee;
(3) any individual engaged in political activities, including individuals providing or soliciting political contributions; or
(4) any member of the press, a governmental affairs agent, or a third-party vendor who will be in the physical presence of the committee's offices or normal place of business or will be engaging with any candidate, committee member, or campaign and political staff member on a digital or virtual platform or by means of electronic communication in the course of performing their duties.
For any complaint against a third-party vendor made by a person who is not a candidate, committee member, campaign and political staff member, member of the press, or governmental affairs agent, the office shall refer the complaint to the employer of such vendor. The office shall not refuse to investigate a complaint solely on the basis that the alleged conduct occurred outside of the physical presence of the committee's offices or normal place of business, including on digital or virtual platforms or by means of electronic communication.
c. The office shall maintain an official Internet site, which shall comply with any applicable requirements of the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.), and which shall be linked to that of the Election Law Enforcement Commission. The office shall maintain a secure portal on its Internet site through which complaints may be submitted and through which members of the public may contact the office. Any person who submits a complaint through the portal shall receive confirmation of such submission within 48 hours thereafter, which confirmation shall be sent utilizing the contact information provided by the person submitting the complaint. The office shall maintain a telephone number by which members of the public may contact the office, and the number shall be displayed on its Internet site.
d. The investigation of a complaint shall be completed and a final letter of determination shall be issued as soon as practicable, but no later than 60 days following the initial intake of the complaint. If an investigation cannot be completed within 60 days, any candidate, committee member, or campaign and political staff member involved in the complaint or processing of the complaint shall be notified of the additional time required to complete the investigation and of the exceptional circumstances requiring the extension.
Any reported violation of the anti-discrimination and anti-harassment policy established pursuant to subsection f. of this section that is found to have been substantiated by the office shall be listed publicly on the Internet site of the office in a manner determined by the director.
e. Each complaint shall be maintained in written format, whether by printed or electronic means, for a duration consistent with applicable law, and shall include a written determination as to whether the complaint warrants investigation and the reasons supporting such determination. Each investigator to whom a complaint is assigned shall, at a minimum, take testimony from the complainant, and, if not the same person, from the person against whom the harassment or discrimination was directed if that person is willing to offer testimony, and shall compile and maintain a record of the evidence consistent with the procedures adopted therefor by the office and with any applicable law.
Any candidate committee, joint candidates committee, political party committee, or continuing political committee involved in a complaint shall cooperate with any investigations undertaken by the office. A failure to cooperate in an investigation may constitute a financial penalty as set forth by the office.
All investigatory records, whether by printed or electronic means, and consisting of the investigative report and any attachments including witness statements, shall be maintained as a government record and shall be accessible under P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.) to the extent permitted by and in accordance with those laws, except that information disclosed pursuant to section 6 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), shall not be deemed a government record and accessible under those laws.
f. After consultation with individuals or organizations with expertise in harassment, bias, and trauma-informed care, the office shall adopt and make available on its Internet site a policy on the prevention and remediation of discrimination and harassment that:
(1) outlines prohibited conduct;
(2) requires compliance with the policy;
(3) requires that appropriate measures be taken to ensure that prohibited conduct does not occur; and
(4) provides procedures for the reporting, investigation, final determination, appeal of any final determination, remediation, and discipline of prohibited conduct.
g. At a minimum, the following actions shall be prohibited under the policy:
(1) engaging in any employment practice or procedure that treats an individual less favorably based upon a protected category;
(2) using derogatory or demeaning references regarding a protected category; and
(3) engaging in third-party harassment or gender-based or sexual harassment of any kind, including hostile work environment harassment, quid pro quo harassment, or same-sex harassment.
h. The policy shall also include provisions regarding confidentiality, retaliation, conflict of interest, and false accusations. At a minimum, the policy shall contain specific provisions that:
(1) provide, to the extent practicable and appropriate under the circumstances, confidentiality is maintained throughout the investigative process;
(2) prohibit retaliatory action against any person who submits a complaint or participates in an investigation;
(3) outline when an investigator or the committee's Anti-Discrimination and Anti-Harassment Policy Coordinator shall recuse themselves due to a conflict of interest;
(4) prohibit false accusations or knowingly providing false information in the course of an investigation of a complaint, except that a complaint made in good faith, even if found to be unsubstantiated shall not be considered a false accusation; and
(5) provide for the consideration of recommendations by the person against whom the harassment or discrimination was directed.
The policy shall apply to any candidate or campaign and political staff member of a candidate committee, joint candidates committee, or political party committee, any member of a political party committee or continuing political committee, or any member of the press, a governmental affairs agent, or a third-party vendor who will be in the physical presence of the committee's offices or normal place of business or will be engaging with any candidate, committee member, or campaign and political staff member on a digital or virtual platform or by means of electronic communication in the course of performing their duties. The policy shall apply whether or not the conduct occurs in, on, or outside of the physical presence of the committee's offices or normal place of business, including on digital or virtual platforms or by means of electronic communication including on digital or virtual platforms or by means of electronic communication.
The office shall review the policy at least once every two years and shall modify the policy as necessary. The office shall consult with individuals or organizations with expertise in harassment and bias in making modifications to the policy.
i. The office shall approve at least one program that provides training on the model policy or, more generally, on the recognition, reporting, remediation, and prevention of discrimination or harassment. The program, or programs, may be developed by the office or offered by a third party, and may be available either in-person or by virtual means.
j. The office shall provide on or before February 1 of each year a report to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), documenting the number of cases reported and investigated during the previous calendar year. The office shall make the report available on its Internet site. The first such report shall be provided by March 1 of the second year following enactment of this act, P.L. , c. (pending before the Legislature as this bill).
k. Employees in the office shall receive annual training on the policy and procedures of the office and the provisions of this act, P.L. , c. (pending before the Legislature as this bill). The employee training shall be approved by the Election Law Enforcement Commission and each employee of the office shall submit a certificate denoting completion of the training to the commission. A copy of the certificate shall also be filed with the office and shall be public information.
4. a. Each candidate committee, joint candidates committee, political party committee, and continuing political committee shall adopt and maintain the policy developed by the Office on Discrimination and Harassment Prevention pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The policy shall be posted in a conspicuous location in the committee's office or normal place of business that is easily visible to members of the committee and campaign and political staff, and on the committee's Internet site or social media page, as applicable. The policy shall be distributed to all candidates, members, campaign and political staff, applicable members of the press and governmental affairs agents, and applicable third-party vendors of a candidate committee, joint candidates committee, political party committee, or continuing political committee upon commencement of participation in the campaign or the committee and within five business days of any modification to the policy. Each person to whom the policy is distributed shall acknowledge receipt thereof in writing within three business days of receipt. Any person who fails to submit such written acknowledgment within three business days shall be subject to a fine in an amount determined by the Office on Discrimination and Harassment Prevention in accordance with any applicable law, notification about which fine shall be displayed conspicuously on the policy, on the Internet site of the office, and on the Internet site or social media page, as applicable, of the committee. A copy of such written acknowledgement shall be filed with the Office on Discrimination and Harassment Prevention and shall be public information.
Each committee shall, by the effective date of this act, P.L. , c. (pending before the Legislature as this bill), adopt and distribute the policy to all persons to whom the policy applies.
c. Candidates, committee members, and campaign and political staff shall receive training on the policy or shall complete a program approved by the Office on Discrimination and Harassment Prevention and shall submit a certificate denoting completion to the committee. A copy of the certificate shall be filed with the Office on Discrimination and Harassment Prevention and shall be public information. This subsection shall only apply to those campaign and political staff members who complete or intend to complete at least 280 hours of work for the candidate or committee over the course of a calendar year. Candidates, committee members, and campaign and political staff to whom this subsection applies shall receive training within 30 days of commencement of participation on a campaign or with a committee, and at least once every two years thereafter. A person shall not be required to complete more than one such training within a two-year period and may submit a certificate denoting completion to any committee with whom the person associates as evidence thereof.
d. Each candidate committee, joint candidates committee, political party committee, or continuing political committee shall designate an individual, who shall be known as the Anti-Discrimination and Anti-Harassment Policy Coordinator, to serve as the person responsible for coordination of the responsibilities of the committee under this act, P.L. , c. (C. ) (pending before the Legislature as this bill), including:
(1) posting and distribution of the policy;
(2) collection of the written acknowledgements and certificates and submission thereof to the Office on Discrimination and Harassment Prevention;
(3) receipt and reporting to the office of complaints of discrimination or harassment; and
(4) other communication and coordination with the office, as necessary.
Each candidate committee, joint candidates committee, political party committee, or continuing political committee shall submit the name of its coordinator to the Office on Discrimination and Harassment. The coordinator shall assist any person to whom the policy applies in submitting a complaint if the person requests such assistance. The coordinator shall provide to any person who submits a complaint to the coordinator confirmation that the complaint has been forwarded to the office within 48 hours of the person's submission, which confirmation shall be sent utilizing the contact information provided by the person submitting the complaint.
5. a. Any person to whom the policy applies may submit a complaint to the Office on Discrimination and Harassment Prevention through the office's Internet portal or by telephone, or to the committee's Anti-Discrimination and Anti-Harassment Policy Coordinator. During the initial intake of a complaint, the investigator at the Office on Discrimination and Harassment Prevention shall obtain information regarding the complaint, and determine if interim corrective measures are necessary to prevent continued violations of the policy. If interim corrective measures are determined to be necessary, the committee's Anti-Discrimination and Anti-Harassment Policy Coordinator shall carry out those measures. Any corrective action that requires the participation of the complainant shall not be implemented without the consent of that complainant. The Office on Discrimination and Harassment Prevention may involve law enforcement, when appropriate, for instances involving bodily harm or serious bodily harm.
b. A person who wishes to take action about prohibited discrimination or harassment may file a criminal complaint with the law enforcement agency of the municipality where the incident occurred. A person may make both a report to a law enforcement agency and also a report to the Office on Discrimination and Harassment Prevention or the committee's Anti-Discrimination and Anti-Harassment Policy Coordinator.
c. Nothing in this act shall prevent a person from filing a complaint directly with other agencies that investigate discrimination or harassment claims, such as the New Jersey Division on Civil Rights and the United States Equal Employment Opportunity Commission. The person shall contact the specific agency to obtain exact timeframes for filing a complaint. The deadlines shall run from the date of the last incident of alleged discrimination or harassment, not from the date that the final letter of determination is issued by the Office on Discrimination and Harassment Prevention.
6. a. Each candidate committee, joint candidates committee, political party committee, or continuing political committee shall require candidates, members, campaign and political staff, and third-party vendors to whom the policy applies to provide:
(1) a list, and appropriate contact information, of any such committees with which the person participated within the previous 10 years;
(2) a written attestation as to whether the person:
(a) has been the subject of any investigation by the Office on Discrimination and Harassment Prevention, or by any candidate committee, joint candidates committee, political party committee, or continuing political committee that did not result in a finding that the allegations were false or not substantiated; or
(b) with respect to an allegation of harassment or discrimination, has been disciplined or discharged by the office or any committee, has been asked by the office or any committee to discontinue his or her affiliation with a committee, or has separated from any committee while under investigation; and
(3) written authorization that consents to and authorizes the disclosure of information pursuant to subsection b. of this section by the Office on Discrimination and Harassment Prevention and by any committee, and that releases the office and those committees from liability that may arise from such disclosure.
b. Each candidate committee, joint candidates committee, political party committee, or continuing political committee shall submit to the Office on Discrimination and Harassment Prevention the list and attestation required pursuant to subsection a. of this section. If any information provided therein is false or inaccurate, the office shall notify and provide the appropriate documentation to the committee. Information disclosed pursuant to this section shall not be deemed a government record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to public records.
c. A person who, as determined pursuant to an administrative hearing, willfully provides false information or willfully fails to disclose information required in subsection a. of this section may be subject to a civil penalty of not more than $500, which shall be collected in proceedings in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). A committee shall provide a notification of the penalty set forth in this section to each person to whom the policy applies.
7. a. Each candidate committee, joint candidates committee, political party committee, or continuing political committee shall make every effort to maintain a work environment that is free from any form of prohibited discrimination or harassment. A committee or its Anti-Discrimination and Anti-Harassment Policy Coordinator shall immediately refer allegations of prohibited discrimination or harassment to the Office on Discrimination and Harassment Prevention. Any person who willfully and knowingly violates the provisions of paragraphs (1), (2), or (3) of subsection d. of section 4 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), shall, in addition to any other penalty provided by law, be subject to a fine of not more than $500 for each offense. Any committee that fails to comply with the provisions of this act shall be subject to a fine imposed by the Director of the Office on Discrimination and Harassment Prevention within the New Jersey Election Law Enforcement Commission in an amount to be determined by the director.
b. Upon receiving evidence of any violation, the Office on Discrimination and Harassment Prevention within the Election Law Enforcement Commission shall, through the director, have the power to hold hearings upon such violation. The director shall take testimony, compile a record, and make factual findings. Upon finding any person to have committed such a violation, the Director of the Office on Discrimination and Harassment Prevention shall have the power to assess a fine, within the limits prescribed in subsection a. of this section, as it deems proper under the circumstances.
c. In assessing the fine, the Office on Discrimination and Harassment Prevention may provide for the remission of all or any part thereof conditioned upon the prompt correction of any failure, neglect, error, or omission constituting the violation for which the fine was assessed. Monies collected from payment of the fine shall be deposited into the State General Fund for appropriation by the Legislature to the New Jersey Election Law Enforcement Commission for the purposes of this act. The fine shall be enforceable in a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
8. a. Notwithstanding the confidentiality provision of the policy, an investigator may discuss the claims with the persons against whom the complaint was filed and with other persons who may have relevant knowledge, or who have a legitimate need to know about the claims. All persons interviewed, including complainants and witnesses, shall be asked to use discretion in communicating any aspect of the investigation to avoid interfering with the investigation. All complainants shall be permitted to be accompanied with a support person or advisor of their choice to any meeting or interview that is conducted under the policy. A support person or advisor shall not represent a complainant in a meeting or interview or otherwise interfere in the investigation process.
Nothing in this subsection shall be interpreted as any restriction upon any candidates, committee members, or campaign and political staff members rights under State or federal law, including their right of free speech or to communicate any allegations to another person.
b. Each candidate committee, joint candidates committee, political party committee, and continuing political committee shall notify in writing any candidate, committee member, or campaign and political staff member who has signed or signs confidentiality forms related to, or as a party to, a contract or settlement agreement which has, the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment that such forms, contracts, and agreements are deemed to be against public policy and unenforceable pursuant to sections 1 and 2 of P.L.2019, c.39 (C.10:5-12.7 and C.10:5-12.8), respectively.
9. a. There is created a Safe Campaigns Advisory Board for the purpose of providing assistance, advice, and guidance to the Office on Discrimination and Harassment Prevention as needed, including in drafting and reviewing policies and procedures and tracking implementation of the provisions of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), by candidate committees, joint candidates committees, political party committees, and continuing political committees.
b. The board shall consist of 11 members as follows:
(1) the Secretary of State, who shall serve ex officio, or the Secretary's designee;
(2) the director of the Division on Civil Rights in the Department of Law and Public Safety, who shall serve ex officio, or the director's designee;
(3) the director of the Division on Women in the Department of Children and Families, who shall serve ex officio, or the director's designee;
(4) the director of the Office on Discrimination and Harassment Prevention, who shall serve ex officio;
(5) one member of the public appointed by the Governor who shall be chosen from among three persons recommended by the New Jersey Coalition Against Sexual Assault;
(6) two members of the public appointed by the Governor who shall have expertise in the area of anti-harassment, and at least one of whom shall have experience in education or advocacy related to anti-harassment in campaigns; and
(7) four members of the public who have expertise in the area of anti-harassment to be appointed, one each, by the President of the Senate, the Speaker of the General Assembly, the Minority Leader of the Senate, and the Minority Leader of the General Assembly.
Vacancies in the membership of the board shall be filled in the same manner provided for the original appointments. The members shall serve without compensation.
c. All appointments to the board shall be made not later than the 30th day after the effective date of this act. The board shall convene its first meeting within 15 days following the date on which the last of its members has been appointed.
The director of the Division on Civil Rights in the Department of Law and Public Safety, or the director's designee, shall serve as chairperson. The board shall select a vice chairperson who shall be a member of the commission. A majority of the authorized membership of the board shall constitute a quorum for the transaction of any business.
The chairperson may appoint a secretary who need not be a member of the board. The board shall be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission or agency as it may require and as may be available to it for its purposes.
d. The board shall adopt and implement a method for receiving anonymous feedback from persons who have interacted with the Office on Discrimination and Harassment Prevention.
e. The Office on Discrimination and Harassment Prevention shall provide to the board quarterly data concerning the number of cases reported and investigated during the previous three months.
f. The board shall provide two reports to the Office on Discrimination and Harassment Prevention, the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature concerning implementation of the provisions of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), and any recommendations for legislation or regulations to improve upon implementation and adherence. The board shall provide the first report on or before the last calendar day of the third year following appointment of all of its members and shall provide the second report on or before the last calendar day of the third year following issuance of the first report. The Office on Discrimination and Harassment Prevention shall make each report available on its Internet site. The board shall dissolve upon issuance of the second report.
10. The New Jersey Election Law Enforcement Commission shall, within 120 days following enactment, adopt rules and regulations governing the use of campaign funds to achieve compliance with and provide anti-discrimination and anti-harassment training pursuant to this act, P.L. , c. (C. ) (pending before the Legislature as this bill). The rules shall be effective immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
11. If any provision of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), or its application is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
12. There is appropriated from the State General Fund to the New Jersey Election Law Enforcement Commission the sum of $2,000,000 to carry out the purposes specified in this act, P.L. , c. (C. ) (pending before the Legislature as this bill).
13. This act shall take effect on the 180th day next following the date of enactment, but such anticipatory administrative action in advance as shall be necessary for the implementation of this act may be taken prior thereto.
STATEMENT
This bill requires the adoption of and training on an anti-discrimination and anti-harassment policy by candidate committees, joint candidates committees, political party committees, and continuing political committee. The bill creates the Office on Discrimination and Harassment Prevention (ODHP) within the New Jersey Election Law Enforcement Commission and appropriates $2,000,000 to the commission to carry out the purposes of the bill.
The ODHP will be comprised of at least three employees, including a director and two investigators, who are to have professional expertise in the areas of survivor support and trauma-informed interviewing. The office will receive, review, and investigate complaints of discrimination or harassment received from or made against:
(1) any candidate or campaign and political staff member of a candidate committee, joint candidates committee, or political party committee;
(2) any member of a political party committee or continuing political committee;
(3) any individual engaged in political activities, including individuals providing or soliciting political contributions; or
(4) any member of the press, a governmental affairs agent, or a third-party vendor who will be in the physical presence of the committee's offices or normal place of business or will be engaging with any candidate, committee member, or campaign and political staff member on a digital or virtual platform or by means of electronic communication in the course of performing their duties.
The bill directs the ODHP to maintain an official Internet site, a secure portal through which complaints may be submitted, and a telephone number by which members of the public may contact the office. Confirmation of receipt of a complaint must be provided to a person submitting a complaint through the portal within 48 hours of submission.
The ODHP, in consultation with individuals or organizations with expertise in harassment and bias, is to adopt a policy that meets the requirements of the bill, review the policy at least once every two years, and modify the policy as necessary. The policy must: outline prohibited conduct; require compliance with the policy; require that appropriate measures be taken to ensure that prohibited conduct does not occur; and provide procedures for the reporting, investigation, final determination, remediation, and discipline of prohibited conduct. The policy is to include provisions regarding confidentiality, retaliation, and false accusations. The policy must also provide for the consideration of recommendations for remediation made by the person against whom the harassment or discrimination was directed. The policy will apply whether or not the conduct occurs in the office and will also apply to electronic transmissions, such as email, text messages, or various postings on social media.
The office is to approve at least one program that will provide training on the model policy or on the recognition, reporting, remediation, and prevention of discrimination and harassment. The program may be developed in-house or offered by a third party, and may be available either in-person or virtually.
The policy is to be distributed to a person upon commencement of participation on the committee or campaign and within five business days of any modification to the policy. The candidate and members of campaign and political staff who will complete 280 hours of work for the committee in a calendar year are to receive training on the policy and submit a certification of completion to the committee, a copy of which will be filed with ODHP and considered public information. The bill also grants to the office the authority to issue fines for noncompliance.
The bill requires candidates, members, campaign and political staff, and third-party vendors to provide a list of any campaign committees with which the person participated over the previous 10 years and a written attestation as to whether the person:
(a) has been the subject of any investigation by ODHP, or by any campaign committee, that did not result in a finding that the allegations were false or not substantiated; or
(b) has been disciplined, discharged, or asked to resign with respect to allegations of discrimination or harassment, or has voluntarily separated during any investigation of those allegations. Candidates, members, campaign and political staff, and third-party vendors must also provide written authorization consenting to the disclosure of information related to those allegations and releasing the office and any committee from liability that may arise from that disclosure. Committees are to provide this information to the office, which must verify the information with its records and notify the committee of any discrepancies. This information will not be deemed a government record under the open public records act or the common law concerning access to public records. The bill provides for a penalty of not more than $500 for any person who is determined pursuant to an administrative hearing to have willfully provided false information or willfully failed to disclose information required under the bill.
The bill requires the ODHP to provide by February 1 of each year a report to the Governor, the Legislature, and the public, on its Internet site, documenting the number of cases reported and investigated during the previous calendar year.
The bill also bans nondisclosure agreements concerning discrimination, retaliation, or harassment and requires that each candidate committee, joint candidates committee, political party committee, and continuing political committee is required to notify in writing any candidate, committee member, or campaign and political staff member who has signed or signs such confidentiality forms that those forms are deemed unenforceable.
Finally, the bill creates an 11-member advisory board to provide assistance, advice, and guidance to ODHP as needed, including in drafting and reviewing policies and procedures and tracking implementation of the provisions of the bill. The members of the board include:
(1) the Secretary of State;
(2) the director of the Division on Civil Rights;
(3) the director of the Division on Women;
(4) the director of the Office on Discrimination and Harassment Prevention;
(5) one member of the public chosen by the Governor from among three persons recommended by the New Jersey Coalition Against Sexual Assault;
(6) two members of the public appointed by the Governor with expertise in the area of anti-harassment, one of whom is to have experience in education or advocacy related to anti-harassment in campaigns; and
(7) four public members with expertise in the area of anti-harassment to be appointed, one each, by each of the following: the President of the Senate, the Speaker of the General Assembly, the Minority Leader of the Senate, and the Minority Leader of the General Assembly.
The board is to adopt and implement a method for receiving anonymous feedback from individuals who have interacted with ODHP. The bill requires the office to provide to the board quarterly data concerning the number of cases reported and investigated during the previous three months. The board is to provide to the office, the Governor, and the Legislature two reports, one every three years following appointment of its members, concerning implementation of the provisions of the bill and any recommendations for legislation or regulations to improve upon implementation and adherence. The board will dissolve upon issuance of the second report.
