HOUSE DOCKET, NO. FILED ON: 3/20/2018
HOUSE . . . . . . . . . . . . . . . No. 4311
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The Commonwealth of Massachusetts
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House of Representatives, March 09, 2018. |
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In the One Hundred and Ninetieth General Court
(2017-2018)
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Ordered, That the Rules of the House of Representatives be amended by adding the following rules:-
Professional Standards and Conduct
88. (a) As used in Rules 88 to 99, inclusive, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Authorized party”, a party authorized to receive a complaint of harassment or retaliation pursuant to Rule 93.
“Counsel”, Legal Counsel to the House appointed pursuant to section 51 of chapter 3 of the General Laws.
“Director”, the Director of Human Resources appointed pursuant to Rule 90.
“Discriminatory harassment”, verbal or physical conduct that:
(1) demeans, stereotypes, or shows hostility or aversion toward an individual or group because of the individual’s race, color, religion, national origin, sex, ancestry, sexual orientation, age, disability status, genetic information, gender identity, active military personnel status, transgender status or membership in any other protected class and;
(2) (i) has the purpose or effect of creating an intimidating, hostile, humiliating or offensive working environment;
(ii) has the purpose or effect of unreasonably interfering with a member, officer, intern or employee’s work performance or official duties; or
(iii) otherwise adversely affects a member, officer, intern or employee’s employment opportunities or ability to fulfill his or her official duties or conduct business before the House.
“EEO Officer”, the Equal Employment Opportunity Officer appointed pursuant to Rule 89.
“Harassment”, discriminatory harassment or sexual harassment engaged in by a member, officer, intern or employee of the House or by a third party.
“Sexual harassment”, sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature when:
(1) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions, or as a term, condition or basis for the support of certain policy objectives, political aspirations or business before the House; or
(2) such advances, requests or conduct have the purpose or effect of unreasonably interfering with a member, officer, intern or employee’s work performance or official duties by creating an intimidating, hostile, humiliating or sexually offensive work environment.
Under this definition, direct or implied requests for sexual favors in exchange for actual or promised (i) employment benefits such as favorable reviews, salary increases, promotions, increased benefits or continued employment or (ii) support for certain policy objectives, political aspirations or business before the House, shall constitute sexual harassment.
The definition of sexual harassment is broad and may include other sexually oriented conduct, whether or not it is intended to violate this Rule, that is unwelcome and has the effect of creating a workplace environment that is hostile, offensive, intimidating or humiliating to a member, officer, intern or employee of the same or different gender, or those who do not identify as gender binary.
“Supervisor”, a member, officer or employee having direct authority or oversight over one or more employees.
“Third party”, any person visiting the House of Representatives, or conducting official business or work with any member, officer or employee of the House.
(b) The House is committed to providing fair and equal opportunity for employment and advancement to all employees and applicants.
It is our policy and practice to assign, promote and compensate employees on the basis of qualifications, merit, and competence. Employment practices shall not be influenced nor affected by virtue of an applicant's or employee's race, color, religion, national origin, sex, ancestry, sexual orientation, age, disability status, genetic information, gender identity, active military personnel status, transgender status or membership in any other protected class.
This policy governs all aspects of recruiting, hiring, training, on-the-job treatment, promotion, transfer, discharge and all other terms and conditions of employment.
Without limiting the applicability of the foregoing, the House is committed to creating and maintaining a work environment in which all members, officers, interns and employees of the House, and all third parties, are treated with respect and free from any form of harassment, including harassment based on an individual’s membership in any protected class. To that end, the House will not tolerate harassment of any kind by any member, officer, intern, employee or third party in the workplace or otherwise in connection with the official duties or employment responsibilities of a member, officer, third party, intern or employee. Any individual who believes that he or she may have been the object of harassment, or any individual who witnesses something they think may be harassment, is strongly encouraged to report that information to an authorized party.
The House shall promote the safety and respectful treatment of all members, officers, interns and employees of the House, and all third parties, by establishing uniform procedures for making and receiving complaints of harassment and initiating, conducting and concluding investigations into complaints of harassment.
A violation of this policy will subject the member, officer, employee or intern to discipline pursuant to Rule 95 and Rule 96.
(c) (1) Discriminatory harassment may include, but is not limited to, the following conduct:
(i) epithets, slurs, insults or negative stereotyping related to the protected classes;
(ii) acts or jokes that are hostile or demeaning with regard to the protected classes;
(iii) threatening, intimidating or hostile acts that relate to the protected classes;
(iv) displays of written or graphic material that demean, ridicule or show hostility toward an individual or group because of membership in a protected class, including material circulated or displayed in the workplace, including District Offices, such as on an employee’s desk or workspace, or on House equipment or bulletin boards, including but not limited to House-issued computers, laptops and personal device assistants;
(v) verbal or non-verbal innuendo, and micro-aggressions; and
(vi) other conduct that falls within the definition of discriminatory harassment set forth above.
(2) Sexual harassment includes, but is not limited to, the following conduct:
(i) gender-based bullying, including bullying based on transgender or non-gender binary status;
(ii) attempts to coerce an unwilling person into a sexual relationship;
(iii) repeatedly subjecting a person to unwelcome sexual or romantic attention;
(iv) punishing a person’s refusal to comply with a request for sexual conduct; and
(v) conditioning a benefit on submitting to sexual advances.
(3) Conduct that, if unwelcome, and depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness, may constitute sexual harassment includes, but is not limited to, the following:
(i) unwelcome sexual advances, flirtations or propositions, whether they involve physical touching or not;
(ii) sexual “kidding,” epithets, jokes, written or oral references to sexual conduct;
(iii) gossip regarding one’s sex life;
(iv) comment on a person’s body or an individual’s sexual activity, deficiencies, or prowess;
(v) displaying sexually suggestive objects, pictures, posters or cartoons;
(vi) unwelcome leering or staring at a person;
(vii) sexual gestures and suggestive or insulting sounds, such as whistling or comments with sexual content or meaning;
(viii) uninvited physical contact, such as touching, hugging, purposely brushing against the body, patting or pinching;
(ix) indecent exposure;
(x) inquiries into one’s sexual experiences;
(xi) discussion of one’s sexual activities;
(xii) sexual emails; and
(xiii) sexting, or sexual messages or images posted on social media, for example, texts, instant messages, Facebook posts, tweets, Snapchat, Instagram or blog entries.
(d) No member, officer or employee of the House shall retaliate, including against a member, officer, intern, or employee of the House who has complained about harassment or participated in an investigation into an allegation of harassment or retaliation. Any person who believes that he or she may have been the subject of retaliation for having complained of harassment or retaliation, or for having participated in an investigation related to an allegation of harassment or retaliation, is strongly encouraged to report that information to an authorized party.
89. (a) The House shall employ a full-time Equal Employment Opportunity Officer. The committee on Rules shall appoint a qualified person with expertise in harassment prevention, conduct of investigations, and identifying barriers to equal employment opportunity to act as the EEO Officer at such compensation as the committee on Rules shall approve.
The EEO Officer shall serve a term of two years from the date of appointment, unless the EEO Officer sooner resigns, retires or is removed; provided, however, that the EEO Officer may only be removed: (i) for misfeasance, malfeasance or nonfeasance, as determined by agreement of Counsel and the Director, and approved by a majority vote of the committee on Rules; or (ii) by a majority roll call vote of the House.
The EEO Officer may employ such assistants as may be necessary in the discharge of the EEO Officer’s duties, subject to the approval of the committee on Rules, and may expend with like approval such sums as may be necessary for the discharge of their duties.
(b) The EEO Officer shall receive, review and investigate all complaints alleging a violation of Rule 88, the House Anti-Harassment Policy, or the House Equal Employment Policy, including, but not limited to complaints alleging harassment or retaliation. Complaints shall be received, reviewed and investigated pursuant to Rules 93 to 96, inclusive.
The EEO Officer shall develop and implement written policies and procedures for receiving, investigating, resolving and maintaining records of complaints against members, officers, interns or employees of the House, or against third parties, made in accordance with Rules 93 to 98, inclusive.
(c) (1) The EEO Officer, in conjunction with the committee on Personnel and Administration and the Director, shall provide for training of members. Members shall be required to complete training within 30 days of being sworn in and annually thereafter. Training shall be in-person and shall include, without limitation, instruction on: (i) House equal employment policies, including the complaint and investigation process; (ii) workplace harassment specifically, including techniques for bystander intervention and other best practices; (iii) prohibition on retaliation; (iv) best management practices; (v) professionalism and respect; and (vi) practices for monitoring the workplace for issues and identifying risk factors. Each member shall make a signed, written acknowledgement of the member’s completion of the training, which shall be retained by the EEO Officer.
(2) The EEO Officer, in conjunction with the committee on Personnel and Administration and the Director, shall provide for training for all appointed officers and employees. Appointed officers and employees shall be required to complete training within 30 days of initial hire or appointment and annually thereafter. Training shall be in person and shall include, without limitation, instruction on (i) House equal employment policies, including the complaint and investigation process; (ii) workplace harassment specifically, including techniques for bystander intervention and other best practices; (iii) prohibition on retaliation; and (iv) professionalism and respect.
Separate trainings shall be held for those appointed officers and employees who are supervisors and those appointed officers and employees who are not supervisors. The content of the training shall be tailored appropriately to the recipients. Supervisors shall be specifically trained on best management practices.
Each appointed officer and employee shall make a signed, written acknowledgement of his or her completion of the training, which shall be retained by the EEO Officer, who shall provide a copy to the Director to be maintained in his or her personnel file.
(3) The EEO Officer shall provide for appropriate additional training to members, officers or employees at any time that the EEO Officer deems necessary or appropriate, including upon the request of a member, officer or employee.
(4) The EEO Officer, in conjunction with the Director, shall provide for training for interns during the intern orientation process. The training shall include without limitation, instruction on: (i) House equal employment policies, including the complaint and investigation process; (ii) workplace harassment specifically, including techniques for bystander intervention and other best practices; (iii) prohibition on retaliation; and (iv) professionalism and respect. Each intern shall make a signed, written acknowledgement of the intern’s completion of the training, which shall be retained by the EEO Officer, who shall provide a copy to the Director to be maintained in the Director’s records.
(d) The EEO Officer shall develop practices and procedures for auditing House offices, including random audits, to ensure the maintenance of best practices. Audits may include interviews and in-office observation. All members, officers, interns and employees shall comply with a request from the EEO Officer to conduct an audit.
90. (a) The House shall employ a full-time Director of Human Resources. The committee on Rules shall appoint a qualified person to act as the Director at such compensation as the committee on Rules shall approve.
The Director shall serve a term of two years from the date of appointment, unless the Director sooner resigns, retires or is removed; provided, however, that the Director may only be removed: (i) for misfeasance, malfeasance or nonfeasance, as determined by agreement of the EEO Officer and Counsel and approved by a majority vote of the committee on Rules; or (ii) by a majority roll call vote of the House.
(b) The Director may employ such assistants as may be necessary in the discharge of the Director’s duties, subject to the approval of the committee on Rules, and may expend with like approval such sums as may be necessary for the discharge of their duties.
(c) The Director shall develop and oversee standardized practices and procedures, which shall apply to all applications for employment. The practices and procedures shall include, but shall not be limited to: (i) a standard application for employment; (ii) mandatory background and reference checks, the results of which shall be reported by the Director to the applicant’s prospective appointing authority; and (iii) a standard offer letter for each position within the House.
(d) The Director shall develop and oversee standardized practices and procedures, which shall apply to all employees and appointed officers of the House. These practices and procedures shall include or address, without limitation: (i) regular meetings between the Director, the EEO Officer and employees who are supervisors, including an initial meeting within 14 days of the employee assuming such a role; (ii) guidelines for conducting employee performance reviews; (iii) a program of progressive discipline; and (iv) separations from employment including exit interviews for terminated employees.
(e) The Director shall develop employee classifications, which shall include written job descriptions, salary ranges and schedules. The classifications shall be published in the employee and supervisor handbooks.
(f) The Director shall develop practices and procedures for receiving, investigating and resolving personnel complaints unrelated to Rule 88, the House Anti-Harassment Policy, or the House Equal Employment Policy.
(g) The Director shall annually publish: (i) an Employee Handbook; (ii) a Supervisor Handbook; and (iii) an Intern Handbook. Each handbook shall be developed with the advice and approval of the EEO Officer and Counsel, and shall be submitted to the committee on Personnel and Administration for review and approval at least 14 days prior to publication.
The handbooks shall be available as follows:
(i) the Director shall post all three handbooks on the human resources web portal;
(ii) the Director shall email an electronic copy of the Employee Handbook to each employee within 10 days of its publication and require that each employee sign a written acknowledgement of receipt and return such acknowledgement to the Director within 5 days;
(iii) the Director shall email an electronic copy of the Employee Handbook to each new employee within 5 days of the employee’s start date and require that the employee sign a written acknowledgement of receipt and return such acknowledgement to the Director within 5 days;
(iv) the Director shall email an electronic copy of the Supervisor Handbook to all supervisors within 10 days of its publication and require that each supervisor sign a written acknowledgement of receipt and return such acknowledgement to the Director within 5 days;
(v) the Director shall email an electronic copy of the Supervisor Handbook to all new supervisors within 5 days of their assuming such a position or, in the case of a member, within 5 days of being sworn into office, and require that the supervisor sign a written acknowledgement of receipt and return such acknowledgement to the Director within 5 days;
(vi) the committee on Personnel and Administration shall provide an Intern Handbook to each intern on the first day of his or her internship. Upon receipt of the Intern Handbook the intern shall sign a written acknowledgement of receipt that day, which shall be maintained by the committee, with a copy sent to the Director;
(vii) hard copies of each handbook shall be available in the offices of the Director, the EEO Officer, Counsel and the Clerk;
(viii) the Director shall cause electronic copies of each handbook to be downloaded onto the desktop of each House computer; and
(ix) in formats accessible to all members, officers and employees.
(h) The Committee on Personnel and Administration, in consultation with the Director, shall develop policies to address individuals who provide services to the House in a volunteer capacity or otherwise without receiving compensation.
91. The Director shall, in consultation with the EEO Officer, create and maintain an internal web portal for members, officers and employees. The web portal shall provide relevant information on human resource policies and procedures, including, without limitation, the Rules of the House, each handbook published by the Director, explanations of complaint and investigation procedures, contact information for the Director, the EEO Officer and Counsel, and training schedules.
92.
(a) The House shall employ a full-time Director of Employee Engagement. The committee on Personnel and Administration shall appoint a qualified person to act as the Director of Employee Engagement at such compensation as the committee on Personnel and Administration shall approve.
(b) The Director of Employee Engagement shall, in consultation with the Director of Human Resources: (i) develop methods for enhancing the skills and professional development of employees; and (ii) engage employees in roundtable discussions on issues of importance or concern.
(c) The Director of Employee Engagement shall assist the committee on Personnel and Administration with duties as may be assigned by the committee or the Director of Human Resources.
93. (a) (1) A member who believes that he or she has been the object of harassment or retaliation, who witnesses harassment or retaliation, or who becomes aware of harassment or retaliation may make a complaint, either orally or in writing with the EEO Officer, Counsel, or the Director. Upon receipt of a complaint pursuant to this subsection, a recipient other than the EEO Officer shall forthwith provide a detailed account of the complaint to the EEO Officer for assessment pursuant to Rule 94.
(2) An appointed officer, employee or intern of the House who believes that he or she has been the object of harassment or retaliation, who witnesses harassment or retaliation, or who becomes aware of harassment or retaliation may make a complaint, either orally or in writing, to any of the officer’s, employee’s or intern’s supervisors, the Director, the EEO Officer or Counsel. Upon receipt of a complaint pursuant to this subsection, a recipient other than the EEO Officer shall forthwith provide a detailed account of the complaint to the EEO Officer for assessment pursuant to Rule 94.
(3) A third party who believes that he or she has been the object of harassment, or who witnesses harassment or retaliation may make a complaint, either orally or in writing, with the EEO Officer. Upon receipt of a complaint pursuant to this subsection, the EEO Officer shall assess the complaint pursuant to Rule 94.
(b) The EEO Officer shall provide guidance for authorized parties who may receive complaints under subsection (a), both in the form of the training referenced in Rule 89 and otherwise. The guidance shall instruct authorized parties on the proper way to receive complaints and to advise complainants on issues including, but not limited to, confidentiality, prohibition on retaliation and the availability of additional resources and avenues for action for the complainant, including possible criminal action where appropriate.
(c) If a complaint, made pursuant to subsection (a), is against the EEO Officer or an employee appointed by the EEO Officer, the recipient of the complaint shall notify Counsel, who shall, in consultation with the Director, investigate the complaint pursuant to Rules 94 to 96, inclusive.
(d) If, based on the nature and circumstances of the complaint, the EEO Officer believes that he or she cannot objectively assess or investigate a complaint made pursuant to subsection (a) the EEO Officer shall refer the matter to Counsel who shall assume responsibility for the assessment or investigation or refer the complaint to outside counsel for investigation. The EEO Officer shall consult with Counsel to establish guidelines used to identify matters that should be referred to Counsel or outside counsel pursuant to this subsection.
94. (a)(1) All complaints alleging harassment or retaliation by or against a member, officer, intern or employee of the House, or by or against a third party, received by any member, officer or employee of the House, shall be immediately referred to the EEO Officer for assessment.
(2) Upon receiving a complaint alleging harassment or retaliation by or against a member, officer or employee of the House, or by or against a third party, the EEO Officer shall promptly undertake an assessment to determine whether the complaint is plausible and requires investigation. Such assessment shall be completed within two weeks from the date of receiving a complaint.
Upon a determination by the EEO Officer that a complaint is plausible and requires investigation, the EEO Officer shall commence an investigation of the complaint.
Upon a determination by the EEO Officer that a complaint is not plausible and does not require investigation, the EEO Officer shall submit a report to Counsel and the Director describing the complaint and the EEO Officer’s basis for determining that the complaint lacked plausibility and did not require investigation. If either Counsel or the Director objects to the EEO Officer’s determination, the EEO Officer shall commence an investigation of the complaint.
(b) The EEO Officer shall assess complaints and conduct investigations pursuant to written policies and procedures, which shall be established by the EEO Officer pursuant to Rule 98 and published on the human resources web portal. The policies and procedures shall ensure that all assessments, investigations and reports are confidential to the fullest extent practicable under the circumstances and shall include, without limitation, the following: trauma-informed techniques; mechanisms for investigating complaints made by witnesses or third parties; standards for collecting and maintaining evidence; consideration of interim measures; and methods to tailor each investigation to the specific needs of the complainant and particular circumstances of the complaint.
(c) The EEO Officer shall complete investigations within 90 days; provided, that the EEO Officer may extend the investigation in extraordinary circumstances. The EEO Officer shall regularly, but no less frequently than every 2 weeks, update the complainant on the status of the investigation. If the EEO Officer believes that interim measures are warranted to protect complainants during the investigation, then the EEO shall recommend such measures to the appropriate supervisory individual or body.
(d) Upon the conclusion of an investigation, the EEO Officer shall prepare a report summarizing the complaint, the EEO Officer’s investigation, findings and recommendations, if any, for disciplinary, remedial or preventative action, or any combination thereof.
95. (a) (1) If after completion of an investigation pursuant to Rule 94, the EEO Officer determines that a member has violated Rule 88, the EEO Officer shall recommend disciplinary, remedial or preventative action, or any combination thereof, as is appropriate and proportional under the circumstances, subject to the limitations set forth in paragraphs (2) and (3).
(2) Where the EEO Officer’s action recommended pursuant to paragraph (1) does not include reprimand, censure, removal from position as a chair or other position of authority, or expulsion, prior to imposing such action the EEO Officer shall notify the member of the action and provide the member with a copy of the EEO Officer’s report. The member may, within 10 days of receiving notice, request in writing that the Speaker and Minority Leader appoint a special committee pursuant to Rule 96 to review the findings and recommendations of the EEO Officer. Upon receipt of said request, the Speaker and Minority Leader shall convene a special committee pursuant to Rule 96.
If the member fails to request the appointment of a special committee pursuant to Rule 96 within 10 days, the EEO Officer shall implement the recommended action.
(3) If the action recommended pursuant to subsection (a) includes reprimand, censure, removal from position as a chair or other position of authority, or expulsion, the EEO Officer shall request that the Speaker and Minority Leader convene a special committee pursuant to Rule 96 to review the findings and recommendations of the EEO Officer. Upon receipt of said request from the EEO Officer, the Speaker and Minority Leader shall appoint a special committee pursuant to Rule 96.
(4) Upon the request for a special committee made by the EEO Officer or a member pursuant to this subsection, the EEO Officer shall provide the Speaker and Minority Leader with a copy of the EEO Officer’s report.
(b) (1) If after completion of an investigation pursuant to Rule 94 the EEO Officer concludes that an appointed officer, intern or employee has violated Rule 88, the EEO Officer shall notify the appointing authority for the appointed officer, intern or employee and recommend and implement remedial, preventative or disciplinary action, or any combination thereof, as is appropriate and proportional under the circumstances, subject to the limitations set forth in paragraph (2). Notwithstanding Rule 97, the appointing authority may inform any other supervisors of the appointed officer, intern or employee of the remedial, preventative or disciplinary action if the appointing authority believes that sharing such information is necessary for maintaining proper supervision of the appointed officer, intern or employee.
(2) If after completion of an investigation pursuant to Rule 94 the EEO Officer concludes that an appointed officer, intern or employee has violated Rule 88 and the EEO Officer’s action recommended pursuant to paragraph (1) includes termination of employment or internship, the EEO Officer shall forward the recommendation, with all supporting documentation, to Counsel for review and approval. Counsel shall have two business days to review the EEO Officer’s recommendation. If Counsel approves the recommendation, Counsel shall notify the EEO Officer and the Director and the Director shall immediately terminate the individual’s employment or internship. If Counsel rejects the EEO Officer’s recommendation, he shall notify the EEO Officer and the Speaker and the Speaker shall determine the action to be implemented.
96. (a) Upon receipt of a request pursuant to Rule 95, the Speaker and Minority Leader shall confidentially convene a Special Committee on Professional Conduct, which shall consist of 7 members, 5 of whom shall be appointed by the Speaker and 2 of whom shall be appointed by the Minority Leader. To the extent practicable, membership on the special committee shall be apportioned in a way that takes into account the nature of the complaint and the commitment of the House to providing fair and equal opportunity in employment. The Speaker shall appoint a member to serve as chair. No member who has declared his or her candidacy for any other local, state or federal office shall be appointed to a special committee. Upon appointment of members to the committee, the Speaker and Minority Leader shall notify the EEO Officer and the member who is the subject of the complaint of the identity of the members appointed. The existence of the committee and the identity of the members appointed to the committee shall otherwise remain confidential.
(b) The EEO Officer shall provide the members of the special committee with all records relevant to the investigation. The special committee shall review all records and may further investigate, to the extent that it is necessary to resolve the complaint. The special committee may summon witnesses, administer oaths, take testimony and compel the production of books, papers, documents and other evidence in connection with its review.
(c) In the case of a special committee convened under this section upon the request for a review by a member pursuant to paragraph (2) of subsection (a) of Rule 95, the committee shall determine whether the EEO Officer’s intended action is proportional and appropriate under the circumstances. If a majority of the committee so finds, it shall order that the action recommended by EEO Officer be implemented, along with any additional disciplinary, remedial or preventative action, or any combination thereof, the committee determines to be proportional and appropriate under the circumstances, subject to the limitations set forth in subsection (d). If a majority of the committee finds that the intended action was not proportional or appropriate under the circumstances, it may make a new recommendation for disciplinary, remedial or preventative action, or any combination thereof, subject to the limitations set forth in said subsection (d). All determinations of the committee pursuant to this subsection shall be final.
(d) (1) If a majority of the committee finds that a member has violated Rule 88, it may take any disciplinary, remedial or preventative action, or any combination thereof, as it determines to be proportional and appropriate under the circumstances; provided, however, that if the committee determines that reprimand, censure, removal from position as a chair or other position of authority, or expulsion is proportional and appropriate under the circumstances, it shall file a report with the Clerk recommending that the House vote to implement the disciplinary action.
(2) Upon the filing of a report pursuant to paragraph (1), the Clerk shall promptly: (i) make the report available to all members electronically; (ii) cause the report to be posted on the website of the General Court; and (iii) place the matter in first position in the Orders of the Day for the next calendar day that the House is meeting; provided, however, that no business shall be conducted on that calendar day or any day thereafter until the question of acceptance or rejection of the special committee’s recommendation for discipline is decided by a majority of the members voting and present by a recorded roll call vote. If a majority of the members vote to accept the recommendation for discipline, the member shall be disciplined in the manner so recommended. Unless a majority of the members vote to accept the report, the member shall not be disciplined.
(3) All findings and determinations of the committee, including instances where the special committee does not file a report with the Clerk pursuant to paragraph (1), shall be reported to the EEO Officer and shall be final. The EEO Officer shall maintain confidential records of such findings and determinations, except that a report filed pursuant to paragraph (1) shall be public.
97.
(a) Any information obtained by a member or employee in his or her official capacity and relating to a complaint or investigation of harassment pursuant to Rules 93 to 96, inclusive, and any records of such information shall be confidential to the fullest extent possible. Confidentiality shall be specifically subject to subsections (b), (c), (d) and (e).
(b) (1) The EEO Officer, in reviewing a complaint and conducting an investigation, shall keep the complaint confidential and shall not disclose the identity of the complainant or the person against whom the complaint is made or any other details of the complaint with any member or employee; provided, however, that the EEO Officer may share information to the extent necessary to interview witnesses or parties to the investigation or to consult with Counsel if the EEO Officer determines that such consultation is required in connection with the investigation.
(2) In the case of a complaint against a staff person, the EEO Officer shall maintain confidentiality throughout his or her investigation and implement all remedial actions and discipline short of termination confidentially, without sharing the identity of the complainant or the person against whom the complaint is made or any other details of the complaint with any member or employee; provided, however, that the EEO Officer may share information to the extent necessary to implement any remedial actions or discipline or to consult with Counsel if the EEO Officer determines that such consultation is required in connection with the investigation. This paragraph shall not limit the EEO Officer’s ability to transmit the resolution of a complaint, including any discipline resulting therefrom, to the Director for inclusion in the employee’s personnel file.
(3) In the case of a complaint against a staff person, where the EEO Officer recommends termination, the EEO Officer shall share information with Counsel for review. If Counsel and the EEO Officer disagree as to whether termination is the appropriate discipline, confidentiality shall only be expanded to the extent needed to inform the Office of the Speaker and reach a resolution.
(4) In the case of a complaint against a member, the EEO officer shall maintain confidentiality throughout his or her investigation by: (i) not disclosing information to any member or employee who is not a witness or party to the investigation, except to consult with Counsel if the EEO Officer determines that such consultation is required in connection with the investigation; and (ii) confidentially recommending all remedial actions short of reprimand, censure, removal from position as a chair or other position of authority, or expulsion of a member. This paragraph shall not limit the EEO Officer’s ability to: (i) share his or her report with the Office of the Speaker and the Minority Leader upon the request for a special committee pursuant to Rule 95; and (ii) share any records relevant to the investigation with the special committee convened pursuant to Rule 96; provided, that when sharing his or her report with the Office of the Speaker and the Minority Leader, the EEO Officer may use pseudonyms, redaction and other methods the EEO Officer considers appropriate to address the needs of a complainant or the circumstances of a complaint.
(c) (1) The establishment of a special committee pursuant to Rule 96 shall be completely confidential, except that the Speaker and Minority Leader shall disclose the names of their respective appointments to the EEO Officer. The EEO Officer shall maintain a confidential record of the membership of each special committee that is convened.
(2) All proceedings of a special committee convened pursuant to Rule 96 shall be confidential and members of the committee shall not share any information about the complaint and investigation for which the committee was convened with any other member or employee, including their own appointed staff; provided, however, that the committee may consult with Counsel if the chair of the committee determines that such consultation is required in connection with the investigation.
(3) A special committee convened pursuant to Rule 96 shall implement all actions short of reprimand, censure, removal from position as a chair or other position of authority, or expulsion of a Member confidentially, except that the special committee shall submit a final report to the EEO Officer and may consult with Counsel if the chair of the committee determines that such consultation is required in connection with their recommended action. The committee’s recommendation, if any, for reprimand, censure, removal from position as a chair or other position of authority, or expulsion of a member, shall be a public document; provided, however, that the committee may use pseudonyms to conceal the identity of the complainant if the circumstances of the complaint so warrant.
(d) All authorized parties shall keep complaints confidential, except to share the complaint with the EEO Officer.
(e) Nothing in this Rule shall limit the ability of the EEO Officer to share information with a complainant, to the extent appropriate, in order to properly conclude the complaint or investigation process.
98.
The EEO Officer and the Director shall establish all policies, procedures and guidelines required by Rules 88 to 97, inclusive, and may develop supplemental policies, procedures and guidelines necessary to implement or enforce Rules 88 to 97, inclusive; provided, that no policy, procedure or guideline shall take effect without the prior review and written approval of Counsel and the committee on Personnel and Administration. Where appropriate, these policies, procedures and guidelines shall be included in the handbooks.
The EEO Officer and the Director may consult with each other, Counsel, and the committee on Personnel and Administration to carry out the requirements of Rules 88 to 97, inclusive.
99. Pending the appointment of an EEO Officer, a complaint alleging a violation of Rule 88 by a member shall be referred directly to a Special Committee on Professional Conduct, which shall conduct itself pursuant to Rule 96 except as modified by this Rule.
Pending the appointment of an EEO Officer and notwithstanding Rule 87 and utilizing sound business practices, the chair of a Special Committee on Professional Conduct convened pursuant to this Rule shall have the exclusive authority and discretion to retain outside legal and consulting experts, as the chair may deem appropriate to assist the chair and the committee with the investigation and evaluation of a complaint received by said committee.
Counsel shall, at the request of the chair, assist the chair and the Special Committee on Professional Conduct with the investigation and evaluation of a complaint received by the committee.
100. (a) No member, officer or employee shall execute any agreement to settle any legal claim or potential legal claim by any current or former member, officer or employee unless said agreement is executed pursuant to this rule.
(b) No member, officer or employee shall execute any agreement to settle any legal claim or potential legal claim brought by any current or former member, officer or employee without the approval of Counsel, the Director and the EEO Officer. Counsel, the Director and the EEO Officer shall each independently review the claim or potential legal claim brought by any current or former member, officer or employee and confirm that the claim or potential claim does not relate to sexual harassment or retaliation based on a claim of sexual harassment. Counsel, the Director and the EEO Officer shall not approve any settlement of a legal claim or potential legal claim brought by any current or former member, officer or employee pursuant to this subsection if Counsel, the Director or the EEO Officer reasonably believes such legal claim or potential legal claim relates to sexual harassment or retaliation based on a claim of sexual harassment.
(c) No member, officer or employee shall execute any agreement to settle any legal claim or potential legal claim of sexual harassment, or retaliation based on a legal claim or potential legal claim of sexual harassment, by any current or former member, officer or employee unless said agreement is executed pursuant to this subsection.
No member, officer or employee shall execute any agreement to settle a legal claim or potential legal claim of sexual harassment, or retaliation based on a legal claim or potential legal claim of sexual harassment, by any current or former member, officer or employee unless:
1.the request to negotiate said agreement was initiated, in writing, by the person filing or eligible to file the legal claim or potential legal claim or a person legally authorized to represent that person;
2.the person filing the legal claim or eligible to file the legal claim is given 15 days to review and consider the agreement;
3.the duration of any non-disclosure or non-disparagement provision of the agreement to settle the legal claim or potential legal claim is for a finite period of time as agreed to by the parties;
4.the agreement to settle the legal claim or potential legal claim specifically provides that no provision of the agreement, including any non-disclosure or non-disparagement provision of the agreement, shall preclude any party from participating in an investigation by Counsel, the Director, the EEO Officer, a Committee on Professional Conduct or any law enforcement agency; and
5.the agreement is approved in writing by Counsel, the Director and the EEO Officer.
(d) In the case of an agreement to settle any legal claim or potential legal claim of sexual harassment pursuant to this Rule by a member, the Speaker and Minority Leader shall appoint a Special Committee on Professional Conduct pursuant to Rule 96 to determine if the member shall be required to personally reimburse the House for all or part of the settlement amount. Upon a determination by the Special Committee that the member shall be required to personally reimburse the House for all or part of the settlement amount, it shall determine the amount to be reimbursed and immediately notify the member of that amount
(e) Upon request of the party described in paragraph numbered 1 above or the complaintant, Counsel shall waive any non-disclosure or non-disparagement provision of any agreement executed prior to the effective date of this Rule by the House and any current or former member, officer or employee, to allow said current or former member, officer or employee to report or discuss a claim of sexual harassment or retaliation based on sexual harassment.