2019 -- H 5360

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LC001247

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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H O U S E   R E S O L U T I O N

AMENDING THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE YEARS

2019-2020

     Introduced By: Representative Lauren H. Carson

     Date Introduced: February 08, 2019

     Referred To: House Rules

     RESOLVED, That Section 46 of the rules for the House of Representatives adopted by

the House of Representatives at its January session, A.D. 2019, entitled "House Resolution

Adopting the Rules of the House of Representatives for the Years 2019 and 2020" be and the

same is hereby amended to read as follows:

     Sexual Harassment and Discrimination Prohibited

     (46)(a) The House of Representatives is committed to creating and maintaining a work

environment in which all members and employees are treated with respect and are free from

sexual harassment and discrimination.

     The House fully supports the protection and safeguarding of the rights and opportunities

of all people to seek, obtain and hold employment without being subjected to sexual harassment

of any kind in the workplace. The House recognizes that sexual harassment has a serious

detrimental effect on victims of sexually harassing behavior.

     The House acknowledges that the question of whether a particular action or incident is of

a purely personal or social nature, without a discriminatory employment effect, could require an

extensive determination based on all facts in each case. The House further recognizes that false

accusations of sexual harassment can have serious effects on innocent individuals.

     (b) Sexual harassment is a violation of the state Civil Rights Act of 1990 (chapter 112 of

title 41), the state Fair Employment Practices Act (chapter 5 of title 28), and Title VII of the Civil

Rights Act of 1964. It is against the policy of the House for any member or employee of the

House of Representatives to sexually harass another person involved in the business of the House.

Members of the House and its employees are expected to comply with applicable law and take

appropriate measures to ensure that prohibited conduct does not occur.

     (c) Any member of the House who believes that he or she has been the subject of sexual

harassment while engaging in the business of the House should report the alleged act as soon as

possible to the Office of Compliance.

     (d) The Office of Compliance shall publish an official sexual harassment policy which

shall include the responsibilities of the Office of Compliance, the rights and responsibilities of

members of the House of Representatives and its employees, the procedure for the adjudication of

complaints made pursuant to the policy, and any other provisions it shall deem appropriate.

     (e) All reported complaints of sexual harassment shall be investigated by the Office of

compliance in a timely and confidential manner. No person investigating on behalf of the Office

of Compliance shall discuss the subject outside the investigation. The purpose of this provision is

to protect the confidentiality of the person who files a complaint, to encourage the reporting of

any incidents of sexual harassment and to protect the reputation of any person who may be

wrongfully accused.

     (f) If an investigation reveals that a complaint is valid, prompt action designed to

immediately stop the harassment and to prevent its recurrence shall be taken. A recommendation

shall be made to the Committee on Conduct pursuant to the policy published by the Office of

Compliance. A closed session meeting shall be held, and all persons affected shall have been

notified in advance in writing and advised that they may request that the discussion be held at an

open session meeting. Failure to provide such notification shall render any action taken against

the person or persons affected null and void. Before going into a closed session meeting, it shall

be stated for the record that any persons to be discussed have been so notified and this statement

shall be noted in the minutes of the session meeting. Discussions via electronic communication,

including telephonic communication and telephone conferencing, shall be permitted only to

schedule a session meeting. Provided, further however, that a member of the House of

Representatives, the Office of Compliance, or the Committee of Conduct, who has a disability as

defined under chapter 87 of title 42 and: (i) Cannot attend meetings solely by reason of their

disability; and (ii) Cannot otherwise participate in the meeting without the use of electronic

communication or telephone communication as reasonable accommodation, may participate by

use of electronic communication or telephone communication. Any person who willfully disrupts

a session meeting to the extent that orderly conduct of the session meeting is seriously

compromised shall be removed.

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     (g) All votes taken in closed sessions shall be disclosed once the session is reopened;

provided, however, a vote taken in a closed session need not be disclosed for the period of time

during which its disclosure would impede an investigation.

     (g)(h) The form of any disciplinary action for a member of the House shall be in

accordance with any confidential recommendation and findings of the Committee on Conduct and

a two-thirds (2/3) vote of the House following a closed session meeting and shall include, but not

be limited to, loss of leadership and/or committee chair position, reprimand, censure, or expulsion

as permitted by the Article 6, Section 7 of the Rhode Island Constitution, or any other action

deemed necessary.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

H O U S E   R E S O L U T I O N

AMENDING THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE YEARS

2019-2020

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     This resolution would propose an amendment to the house rules which would allow

closed session meetings with respect to all sexual harassment and discrimination complaints and

investigations to maintain the confidentiality of all complaints.

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LC001247

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