Bill Text: NJ S3077 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires revision of State Legislature's anti-harassment policy; specifies investigation of discrimination and harassment complaint process.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-12-07 - Transferred to Senate Law and Public Safety Committee [S3077 Detail]
Download: New_Jersey-2020-S3077-Introduced.html
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Requires revision of State Legislature's anti-harassment policy; specifies investigation of discrimination and harassment complaint process.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Legislature's anti-harassment policy and amending and supplementing P.L.2019, c.475 (C.52:11-85).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2019, c.475 (C.52:11-85) is amended to read as follows:
1. a. Each House of the Legislature and the Office of Legislative Services shall adopt and maintain a policy that: prohibits sexual harassment by members, officers, and employees of the Legislature, and third parties; requires compliance with the policy; requires that appropriate measures be taken to ensure that prohibited conduct does not occur; and provides procedures for the reporting, investigation, final determination, remediation, and discipline of prohibited conduct. The policy shall include provisions regarding confidentiality, retaliation, conflict of interest, and false accusations. The conflict of interest provision shall, at a minimum, describe the procedure pursuant to which a supervisor or investigating officer or other individual who would participate in any investigation of a sexual harassment complaint shall recuse himself or herself due to a conflict of interest.
The policy shall be adopted in any manner deemed appropriate by the presiding officer of each House and the executive director of the Office of Legislative Services, as appropriate.
The policy, whether a separate policy adopted independently by each House and the Office of Legislative Services, or as one policy adopted jointly thereby, shall apply to all members of the Legislature, and all officers and employees, including supervisors and managers, of the partisan staff offices, district offices, Office of Legislative Services, Office of Clerk of the General Assembly, and Office of the Secretary of the Senate, as appropriate, and third parties. The policy adopted by the Office of Legislative Services shall apply to any agency, board, bureau, or commission within or created by the Legislative Branch.
For the purposes of this section and section 2 of P.L. , c. (C. ) (pending before the Legislature of this bill), "third parties" means any intern, volunteer, lobbyist, governmental affairs agent, newspersons, and members of the public who have business at the State capitol or who are doing business with the New Jersey Legislature.
b. The policy shall be
distributed to all members, officers, interns, volunteers, and employees
to whom it applies. Initially, the policy shall be distributed to current
members, officers, interns, volunteers, and employees within 60 calendar
days of the effective
date of this section, unless a policy that conforms with subsection a. of this section was distributed within 180 days preceding enactment of this act, P.L.2019, c.475. Thereafter, the policy shall be distributed to a member, officer, intern, volunteer, or employee within five business days of taking office, commencing intern or volunteer activities, or commencing employment. Any member, officer, intern, volunteer, or employee to whom the policy is distributed shall acknowledge receipt thereof in writing to the presiding officer of each House or to the executive director of the Office of Legislative Services, as appropriate, or a designee thereof, within 10 business days of receipt.
c. The policy shall be reviewed at least once every two years. Modifications shall be adopted in the same manner as provided for the adoption of the policy. The policy as modified shall be distributed to all members, officers, interns, volunteers, and employees to whom it applies within 30 calendar days of modification. Members, officers, interns, volunteers, and employees shall acknowledge in writing to the presiding officer of each House or to the executive director of the Office of Legislative Services, as appropriate, or a designee thereof, the receipt of the modified policy within 10 business days of receipt.
d. The director of human resources of the Office of Legislative Services shall prepare and maintain an online training program on any policy adopted. Each member, officer, intern, volunteer, and employee to whom the policy applies shall complete the online or another approved training program, as determined by the presiding officer of each House and by the executive director of the Office of Legislative Services, as appropriate, [no less than once] no later than 30 calendar days after the member, officer, intern, volunteer, or employee's appointment date and at least once every two years, thereafter, and shall submit a certification denoting completion thereof. A member of the Legislature shall submit the certification of completion for the member and the member's district office staff to the executive director, or a designee thereof, in the partisan staff office of the member's House and political party. Officers, interns, volunteers, and employees of a partisan staff office shall submit the certification of completion to the executive director of that office, or a designee thereof. Officers, interns, volunteers, and employees of the Secretary of the Senate and of the Clerk of the General Assembly shall submit the certification of completion to the Secretary and Clerk, as appropriate. Officers, interns, volunteers, and employees of the Office of Legislative Services shall submit the certification of completion to the director of human resources of that office. Members, officers, interns, volunteers, and employees of any agency, board, bureau, or commission within or created by the Legislative Branch for whom a person has not already been designated to receive the certification of completion pursuant to this subsection shall submit the certification to the director of human resources of the Office of Legislative Services.
All certifications of completion shall be public information.
e. The Office of Legislative Services shall publish any adopted policy on the official website of the Legislature, along with the contact information for its human resources office.
(cf: P.L.2019, c.475, s.1)
2. (New section) a. Any members, officers, and employees of the Legislature, and third parties who has been subjected to any form of prohibited discrimination or harassment, including sexual harassment, or who witnesses others being subjected to such discrimination or harassment, may promptly report the incident to a supervisor or directly to the presiding officer of the House or the executive director of the Office of Legislative Services. If a discrimination or harassment complaint is reported to a supervisor, the presiding officer of the House, or the executive director of the Office of Legislative Services, the complaint shall be submitted to the investigating officer or the director of human resources in the Office of Legislative Services, as appropriate. 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 a report to the individual's supervisor, the presiding officer of the House, or the executive director of the Office of Legislative Services.
Nothing in this section shall prevent any members, officers, and employees of the Legislature, or third parties from filing a complaint directly with external agencies that investigate discrimination or harassment complaints, including, but not limited to, the New Jersey Division on Civil Rights, the United States Equal Employment Opportunity Commission, or any court of this State.
Upon the receipt of a discrimination or harassment complaint, the investigating officer or the director of human resources of the Office of Legislative Services, as appropriate, shall provide a written copy of the Legislature's anti-harassment policy to the complainant, including any additional information and options available to individuals who have experienced discrimination or harassment. Any complainant to whom the written copy of the Legislature's anti-harassment policy is distributed to, including any additional information on options available to the complainant, shall acknowledge receipt thereof in writing to the investigating officer or the director of human resources of the Office of Legislative Services, as appropriate, within 10 business days of receipt.
b. Each House of the Legislature and the Office of Legislative Services shall investigate all reasonable and good faith complaints that implicate the policy adopted and maintained pursuant to section 1 of P.L.2019, c. 475 (C.52:11-85). All members, officers, and employees of the Legislature, or third parties shall cooperate with investigations undertaken pursuant to this act. Failure to cooperate in an investigation may result in administrative and disciplinary action, up to and including the termination of employment. A complainant may withdraw from a discrimination or harassment complaint at any time and shall not face any disciplinary actions for that withdrawal.
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 by 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 imposing any restriction upon the rights of any member, officer, employee, or third parties under State or federal law, including their right of free speech or to communicate any allegations to another person.
c. When the investigating officer or the director of human resources of the Office of Legislative Services, as appropriate, finds that a violation of the policy has occurred, the presiding officer of the House or the executive director of the Office of Legislative Services shall take prompt and corrective action to stop the behavior and deter its reoccurrence. The presiding officer of the House or the executive director of the Office of Legislative Services shall have the authority to take such action before a final determination has been made regarding whether a violation of the policy has occurred. The corrective action taken may include counseling, training, intervention, mediation, the separation of persons involved, the initiation of disciplinary action up to and including the termination of employment, or the involvement of law enforcement, when appropriate, for instances involving bodily harm or serious bodily harm. Any corrective action that requires the participation of the complainant shall not be implemented without the consent of that complainant. The case may also be referred to any other appropriate authority for review for possible violations of State and federal statutes.
d. The investigation of a discrimination or harassment, including sexual harassment, 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 is completed. The policy shall require the investigating officer or the director of human resources of the Office of Legislative Services, as appropriate, to make a final determination based on the investigation and notify the respective parties and the presiding officer of the House or the executive director of the Office of Legislative Services. The presiding officer of the House or the executive director of the Office of Legislative Services, a member of the Legislature, or a supervisor shall promptly carry out the appropriate disciplinary action as recommended by the investigating officer or the director of human resources and confirm the action to the investigating officer or the director of human resources, in writing, to document these actions.
If any third parties, as defined in section 1 of P.L.2019, c.475 (C.52:11-85), are found to have violated the policy, the presiding officer of the House or the executive director of the Office of Legislative Services shall take other appropriate actions, including the provision of notice to the persons employer and prohibiting the person from the workplace or worksite.
e. The presiding officer of the House or the executive director of the Office of Legislative Services shall notify in writing any member, officer, employee, or third parties 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 or harassment, including sexual harassment, or retaliation 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.10:45-12.8).
f. The Legislature shall issue an annual report, which shall include, but need not be limited to, information on the total number of discrimination or harassment complaints filed at the Legislature, the number of complaints that were substantiated, the number of disciplinary or corrective actions taken, and the number of complaints that resulted in any legal actions against Legislature. The Legislature shall make the report available to the public through the Internet site of that State agency.
g. Notwithstanding the provision of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act, investigatory reports shall be public information with the consent of the complainant and shall apply retroactively to all complaints reported and investigated prior to the effective date of this act, P.L. , c. (C. ) (pending before the Legislature of this bill).
3. This act shall take effect 30 days following the date of enactment.
STATEMENT
This bill requires a revision of the New Jersey Legislature's anti-harassment policy. The bill also clarifies that interns and volunteers and other third parties are subject to the policy.
Under the bill, any members, officers, and employees of the Legislature, and third parties who has been subjected to any form of prohibited discrimination or harassment, including sexual harassment, or who witnesses others being subjected to such discrimination or harassment, may promptly report the incident to a supervisor or directly to the presiding officer of the House or the executive director of the Office of Legislative Services (OLS). Nothing in the bill would prevent any members, officers, and employees of the Legislature, or third parties from filing a complaint directly with external agencies that investigate discrimination or harassment complaints, including, but not limited to, the New Jersey Division on Civil Rights, the United States Equal Employment Opportunity Commission, or any court of this State.
The bill also requires each House of the Legislature and OLS to investigate all reasonable and good faith complaints that implicate the Legislature's anti-harassment policy. The bill requires, upon the receipt of a discrimination or harassment complaint, the investigating officer or the director of human resources of the Office of Legislative Services to provide a written copy of the Legislature's anti-harassment policy to the complainant, including any additional information and options available to individuals who have experienced discrimination or harassment.
All members, officers, and employees of the Legislature, or third parties are required to cooperate with investigations undertaken under the policy. All persons interviewed, including complainants and witnesses, are required to use discretion in communicating any aspect of the investigation to avoid interfering with the investigation. However, nothing in this bill would impose any restriction upon the rights of any member, officer, employee, or third parties under State or federal law, including their right of free speech or to communicate any allegations to another person.
The bill also permits all complainants to be accompanied by a support person or advisor of their choice to any meeting or interview that is conducted under the policy. Under the bill, a support person or advisor is prohibited from representing a complainant in a meeting or interview or otherwise interfere in the investigation process.
The bill would also require the presiding officer of the House or the executive director of OLS to take prompt and corrective action to stop any prohibited behavior and deter its reoccurrence once the investigating officer or the director of human resources of OLS finds that a violation of the policy has occurred. The presiding officer of the House or the executive director would have the authority to take such action before a final determination has been made regarding whether a violation of this bill has occurred. Under the bill, the corrective action taken may include counseling, training, intervention, mediation, the separation of persons involved, the initiation of disciplinary action up to and including the termination of employment, or the involvement of law enforcement, when appropriate, for instances involving bodily harm or serious bodily harm. The bill also prohibits any corrective action that requires the participation of the complainant from being implemented without the consent of that complainant.
Under the bill, the investigation of a discrimination or harassment, including sexual harassment, complaint must be completed and a final letter of determination must be issued as soon as practicable, but no later than 60 days following the initial intake of the complaint is completed. The bill requires the investigating officer or the director of human resources of OLS, as appropriate, to make a final determination and notify the respective parties and presiding officer of the House or the executive director of OLS. This bill also requires the presiding officer of the House or the executive director of the OLS, a member of the Legislature, or a supervisor to promptly carry out the appropriate disciplinary action as recommended by the investigating officer or director of human resources and confirm the action to the director, in writing, to document these actions.
The bill also requires the presiding officer of the House or the executive director to notify in writing any member, officer, employee, or third parties 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 or harassment, including sexual harassment, or retaliation that such forms, contracts, and agreements are deemed to be against public policy and unenforceable.
