Consolidated Amendment "A" to H4291

Consolidated

House 4291

Consolidated Amendment

Amendments pertaining to legal agreement 1, 2 and 3.

Ms. Decker of Cambridge moves to amend House, No. 4291 by adding the following rule:-

“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 a party to an agreement, 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.