J_ECLC_2018A 04/05/2018 08:02:06 AM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGJOINT 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 hPresentation of the Legislative Workplace Study Committee Discussion Only Presentation of the Legislative Workplace Study - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/73DB9B59DC60...$File/180405 AttachA.pdf?OpenElement 180405 AttachA.pdf 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