BISMARCK, N.D. (AP) - A proposed policy unveiled Monday would establish procedures for handling and resolving reports of sexual harassment in North Dakota’s Capitol. Lawmakers called it a good start but said it needs more work.
The proposed three-page policy prepared by the Legislature’s research and assistance arm at the direction of lawmakers would update the existing two-paragraph policy that bars harassment but provides no process for the formal reporting of complaints.
The new proposal was presented Monday afternoon to the Legislative Procedure and Arrangements Committee, which asked Legislative Council Legal Division Director John Bjornson to clarify some things before the group’s next meeting in June.
“We need to make sure it’s as simple and concise as we can get it without having four layers of bureaucracy that we’d never get done during a session,” House Majority Leader Al Carlson said. “We’re not the judge and jury here - we’re busy passing laws, I hope.”
Under the proposal, lawmakers, legislative employees, and “third parties” including lobbyists and reporters could bring a formal complaint to a designated official who would then look into it or hire an independent investigator at the Legislature’s expense.
The policy is for all forms of workplace harassment, including sexual harassment and harassment based on race, religion, ancestry or disabilities. Investigations would be confidential and records could be shielded from public disclosure.
People designated to field complaints would include the majority leaders of the Senate and House and four officials with the Legislative Council - its director, the heads of its legal and administrative services divisions, and the legislative budget analyst and auditor. All of them also would designate a person of the opposite sex who could take complaints.
Senate Minority Leader Joan Heckaman questioned whether minority leaders should be added to the list. Democratic Rep. Kathy Hogan, who has said she’s been approached by women uncomfortable about their treatment in the Capitol, questioned what would happen if a complaint is against one of the people designated to field them.
“I think we need a neutral person who is out of the line of command,” she said.
Hogan also wondered if the designated officials would have time during a session to adequately handle a complaint, and Heckaman suggested some lawmakers might not be comfortable doling out discipline.
“For me that would be a difficult thing to call. Are you just going to talk to them, or are you just going to have them resign?” she said.
Disciplinary action for legislative employees found to have committed harassment would range from an apology to termination. Lawmakers could be censured, though Carlson pointed out what that entails isn’t clear.
“If we’re going to go through all this, and then not know what the end game is, I think we’re making a mistake,” he said.
Hogan also questioned how a reporter or lobbyist would be punished should a complaint against them be found valid.
“Are their bosses notified?” she said.
The proposal states that complaints found to be “intentionally or recklessly” false wouldn’t be tolerated, but it does not spell out potential ramifications.
Legislative leaders have said they aren’t aware of any sexual harassment allegations in the Capitol, but they decided late last year to update policy.
The decision followed a wave of complaints in the political and entertainment worlds amid the #MeToo movement against sexual violence and workplace harassment. North Dakota isn’t alone - there has been an unprecedented amount of legislation across the country dealing with sexual harassment and sexual harassment policies, according to the National Conference of State Legislatures.
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