Colorado Politics

Interim committee to handle workplace harassment recommendations for Colo. General Assembly

An interim committee of six legislative members will be tasked with coming up with ideas on how to fix both the General Assembly’s workplace harassment policies, as well as what can be done about the legislative culture that led to formal complaints against five Colorado lawmakers and the expulsion of one.

That expulsion – of former Democratic Rep. Steve Lebsock of Thornton – originated with a sexual harassment complaint from fellow Democratic Rep. Faith Winter of Westminster. She told Colorado Politics Wednesday that she’d like to serve on that interim committee.

“The allegations tested the General Assembly’s workplace harassment policy,” Winter said, and revealed shortfalls that need to be addressed.

A committee of the General Assembly’s leaders met Wednesday morning to hash out some of the logistics, such as how many members would serve on the committee and how many times they would meet. But leadership didn’t provide a specific set of tasks for the committee, preferring that the as-yet-to-be-named group figure that out.

The interim committee is the first official action stemming from a report released last week on the culture of workplace harassment within the General Assembly. That study, conducted by Investigations Law Group, found that less than half of those who reportedly witness sexual harassment at the Capitol report it. Respondents cited fear of retaliation and low expectations for a satisfactory conclusion.

Legislators were named as the worst perpetrators of sexual harassment, with lobbyists, aides and interns as the most likely targets, according to the report. But lobbyists also commit sexual harassment incidents, respondents said. Almost half of respondents said the legislature’s workplace harassment policy isn’t taken seriously.

Six lawmakers have been accused of misbehavior. Three Republican senators were accused of sexual harassment, and claims were found credible by a third-party investigator. Two sexual harassment complaints are still pending against Republican Sen. Randy Baumgardner of Hot Sulphur Springs. Senate Democrats pushed for a resolution to expel Baumgardner, but that failed on a 17-17 vote (a two-thirds vote – 24 members – is required for expulsion).

Democratic Sen. Daniel Kagan of Cherry Hills Village has a misbehavior complaint pending against him for allegedly using an unmarked Senate bathroom reserved for women. In the House, Democratic Rep. Paul Rosenthal of Denver was cleared by Duran of a sexual harassment complaint because the alleged incident took place before he was a lawmaker. Lebsock was expelled from the House on March 2 for nine sexual harassment complaints that were found credible, as well as alleged retaliation against the five women who made those complaints, including Winter.

A letter of recommendation – recommending a six-member committee with authority to make recommendations on changes to the Legislative Council’s executive committee – will be sent to the Legislative Council Committee by this Friday.

Speaker of the House Crisanta Duran of Denver advocated for a larger committee, or failing that, one with more House members. She said she has had a lot of interest from House members who want to be involved in the process.

But the committee instead decided to limit the interim group to six, but with the authority to add subcommittees that could help handle some of the workload. That could include changes to Joint Rule 38, the workplace harassment policy, or a review of the state’s open records act as it pertains to sexual or workplace harassment investigations.

Unlike other interim committees, this group will not have the authority to sponsor bills in the 2019 legislative session. The group would be limited to making recommendations to the leadership committee, which would then make decisions about legislation or other changes.

The group will meet five times after the session adjourns on May 9.

The Executive Committee also will set up a two-hour meeting within the next three weeks to allow the members of the General Assembly to ask questions about the workplace study with representatives from Investigations Law Group. That date will be worked out by the majority leaders of the House and Senate, and they will ask lawmakers to submit questions in advance.

 

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