North Dakota lawmakers float changes to harassment policy as rep’s expulsion still looms

BISMARCK — North Dakota legislative leaders are contemplating methods to strengthen an inside office harassment coverage that got here beneath scrutiny after final yr’s allegations of sexual harassment by a lawmaker.

In March 2021, the state Home of Representatives took the unprecedented motion of

expelling former Dickinson Rep. Luke Simons

over allegations courting again to 2017 that he sexually harassed feminine colleagues and staffers.

Previous to the expulsion listening to, leaders on either side of the aisle instructed Discussion board Information Service there have been

loopholes within the Legislature’s harassment coverage

that may very well be ironed out.

The interim Legislative Process and Preparations Committee on Monday, June 27, weighed a collection of choices for bolstering the coverage and higher equipping leaders to deal with harassment complaints.

The committee, which incorporates a number of highly effective lawmakers, didn’t take any official motion Monday and can probably take up the problem at a gathering later this yr.

Within the lead-up to Simons’ expulsion, Home leaders famous they’d

few choices for disciplining

their colleague regardless of a four-year sample of unhealthy conduct.

Many of the girls reported the allegations of Simons’ harassment to their supervisors behind closed doorways and none submitted a proper grievance in opposition to the lawmaker.

Home Majority Chief Chet Pollert, R-Carrington, stated on the time the absence of formal complaints in opposition to Simons meant leaders could not start the method prescribed within the official harassment coverage.

Throughout Monday’s dialogue, Home Speaker Kim Koppelman, R-West Fargo, stated the coverage ought to outline what constitutes a grievance that units off an investigation.

“We have to know what triggers the method,” Koppelman stated, noting that he thinks the coverage is “not unhealthy” general.

Sen. Kathy Hogan, D-Fargo, stated the coverage could also be too strict in what it considers a grievance, including that the Legislature may very well be discovered liable in court docket for ignoring harassment whether or not the grievance is formal or casual.

Final yr, Legislative Council Director John Bjornson wrote in a memo that Capitol staffers clearly have a “main reluctance” to file formal complaints in opposition to an offender as a result of “they imagine there’s a lack of assist from legislators for workers.”

On Monday, members of the committee thought of how complaints ought to be investigated and who ought to hand down self-discipline to lawmakers who violate the harassment coverage.

Beneath the present coverage, majority and minority leaders in every chamber are charged with investigating claims of harassment introduced by members of their caucus.

Senate Majority Chief Wealthy Wardner, R-Dickinson, stated he thinks lawmakers belief their leaders and the accountability for listening to and investigating allegations ought to nonetheless go to the highest.

Nevertheless, Wardner famous {that a} handful of high lawmakers ought to endure coaching on office harassment to be higher outfitted to cope with the problem. Pollert, who stated he had by no means handled investigating a harassment accusation previous to the Simons case, famous he may have used some further coaching.

Sen. Jerry Klein, R-Fessenden, floated the concept of the Ethics Fee investigating allegations of harassment from or in opposition to legislators.

Home Minority Chief Josh Boschee, D-Fargo, stated the Legislature may contract with an outdoor skilled to research complaints.

Each Klein and Boschee famous that politics and private relationships inevitably play a job when leaders should examine members of their very own caucus, so delegating that function to an impartial entity can be useful.

Hogan, who used to work in human sources, stated creating an avenue for a 3rd social gathering to research a grievance would forestall conflicts of curiosity with leaders and shield lawmakers and staffers alleging harassment from retaliation.

Almost all members of the committee agreed the authority to self-discipline lawmakers who violate the harassment coverage ought to stay with the Legislature.