District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0351 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Briann K. adeau
2	2	Counclbni.'tlWc.t, Ward l
3	3	oun il of the Di trict of Columbia
4	4	John A. Wilson Rulldin,
5	5	1350 Penn yl t1i, Avenue, NW
6	6	W;t!<hlngton, D • 2000
7	7	Statement of Introduction
8	8	Sexual Harassment Investigation Integrity Amendment Act
9	9	of 2023
10	10	June 28, 2023
11	11	Nyasha Smith, Secretary
12	12	Council
13	13	of the District of Columbia
14	14	1350 Pennsylvania Avenue, N.W.
15	15	Washington, DC 20004
16	16	Dear Secretary Smith,
17	17	Recent allegations
18	18	of serious sexual harassment at the highest levels of our government
19	19	have harmed employees, called into question investigative procedures, and damaged public trust.
20	20	As a Council, we have a responsibility to support victims, protect workers, and restore public
21	21	trust by holding people accountable, especially people in positions
22	22	of authority.
23	23	Today I am introducing the "Sexual Harassment Investigation Integrity Amendment Act
24	24	of 2023", along with Council Chairman Phil Mendelson and Councilmembers Christina
25	25	Henderson, Robert White, Brooke Pinto, Janeese Lewis George, Zachary Parker, Charles Allen,
26	26	Vincent Gray, and Anita Bonds. We have an opportunity to ensure that, going forward,
27	27	employees who believe they have been subject
28	28	to sexual harassment will have confidence that if
29	29	they come forward, their cases will be handled professionally and without bias.
30	30	This bill requires that allegations
31	31	of sexual harassment made against executive branch
32	32	employees in positions
33	33	of power-specifically, mayoral appointees, including agency and sub
34	34	agency heads, deputy mayors, and those appointed to boards and commissions -be referred
35	35	to an
36	36	independent investigator with experience in investigating sexual harassment allegations, rather
37	37	than be handled by any office within the executive branch.
38	38	I want to acknowledge how brave it was for these women to come forward and how
39	39	difficult it must have been
40	40	to share such horrible experiences. No employee should feel unsafe in
41	41	their workplace. No employee should be subject to sexual harassment, especially by those in
42	42	positions
43	43	of authority and influence. No employee should fear retribution -or, just as bad,
44	44	inaction -for coming forward.
45	45	Employees should be able to trust that their allegations will be taken seriously, and that
46	46	an investigation will not be influenced by internal or external politics or the appearance
47	47	of politics. The public should be able to trust that we are protecting employees, protecting the use of
48	48	District government assets, and that government offices are focused on and capable of doing the
49	49	work they are assigned in an environment and culture that supports that work.
50	50	Requiring independent investigations
51	51	is a significant part of restoring that trust. They will
52	52	allow for unsafe environments and specific incidents
53	53	to be identified earlier, create a disincentive
54	54	to potential offenders, and give confidence to those who would file a complaint to do so to
55	55	protect themselves and others, and to do so earlier.
56	56	Last Council Period, after lengthy research and discussion, this body approved a sexual
57	57	harassment policy for our own branch
58	58	of government that requires independent investigations in
59	59	cases
60	60	of formal sexual harassment complaints. We also recognized that when complaints are
61	61	made against those with the highest level
62	62	of authority -councilmembers themselves -even
63	63	greater attention must be paid to the uneven power dynamic, and we required that even informal
64	64	complaints must go
65	65	to an independent investigator. Executive branch employees deserve the
66	66	same protections.
67	67	Sincerely,
68	68	Brianne K. Nadeau
69	69	Councilmember, Ward 1
70	70	Chairperson, Committee on Public Works & Operations
71	71	2 ~Phil Mendelson Councilmember Brianne K. Nadeau
72	72	Councilmember Brooke Pinto Councilmember Chnstina Henderson
73	73	~r~
74	74	Councilmember J aneese Lewis George
75	75	Councilmember Charles Allen Councilmember Robert
76	76	C. White, Jr.
77	77	Councilmember Anita Bonds
78	78	A BILL
79	79	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
80	80	To Amend the District of Columbia Human Rights Act of 1977 to establish investigatory
81	81	2 procedures for harassment by certain District government employees.
82	82	3
83	83	4 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may
84	84	5 be cited as the "Sexual Harassment Investigation Integrity Amendment Act
85	85	of 2023 ".
86	86	1 6 Sec. 2. Section 303 of The District of Columbia Human Rights Act of 1977, effective
87	87	7 December 13, 1977 (D.C. Law 2-38, D.C. Official
88	88	Code§ 2-1401.01), is amended as follows:
89	89	8 (a) Subsection (a)
90	90	is amended to read as follows:
91	91	9 "(a) Notwithstanding subsection (c)
92	92	of this section, The Mayor shall establish rules of
93	93	10 procedure for the investigation, conciliation, and hearing of administrative complaints filed
94	94	11 against District government agencies, officials and employees alleging violations of this chapter.
95	95	12 The final administrative determination in such matters shall be made by the Mayor or his
96	96	13 designee."
97	97	14 (b) A new subsection (c)
98	98	is added to read as follows:
99	99	15 "( c) (1) Investigations of a formal or informal complaint of harassment or other unlawful
100	100	16 discriminatory practice by a District government employee shall be referred to the Inspector
101	101	17 General if the alleged perpetrator, at the time of the alleged incident or at the time of the
102	102	18 complaint, serves in one of the following capacities:
103	103	19 "(A) A mayoral appointee of any subordinate agency, board, or
104	104	20 commission, as defined by the Confirmation
105	105	Act of 1978, effective March 3, 1979 (D.C. Law 2-
106	106	21 142; D.C. Official Code§ 1-523.01);
107	107	22 "(B) The Director
108	108	of a non-subordinate agency; or,
109	109	23
110	110	"(C) Any Career, Educational, Legal, Excepted, or Management
111	111	24 Supervisory Services employee who reports directly to the
112	112	Mayor or City Administrator.
113	113	25 "(2) The Inspector General shall hire and retain independent counsel to conduct
114	114	26
115	115	prompt investigations into any complaints referred pursuant to paragraph (1 ), and to produce a
116	116	27 report
117	117	of findings.
118	118	28 "(A) Independent counsel hired and retained by the Inspector General
119	119	2 29 pursuant to this subsection shall have experience in confidentiality and sexual harassment law,
120	120	30 including litigation and mediation."
121	121	31 "(3) Investigations referred to the Inspector General, in addition to encompassing
122	122	32 the direct scope
123	123	of the complaint, shall include an assessment of whether any District
124	124	33 government resources were expended in the course of any unlawful discriminatory practice, and
125	125	34 whether workplace culture, management procedures, or other broader factors contributed
126	126	to any
127	127	35 unlawful discriminatory practice.
128	128	36 Sec.
129	129	3. Fiscal impact statement.
130	130	37 The Council adopts the fiscal impact statement
131	131	in the conm1ittee report as the fiscal
132	132	38 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
133	133	39 approved October 16, 2006 (120 Stat. 2038; D.
134	134	C. Official Code§ l-301.47a).
135	135	40 Sec.
136	136	4. Effective date.
137	137	41 This act shall take effect after approval by the Mayor ( or in the event of veto by the
138	138	42 Mayor, action by the Council
139	139	to override the veto), a 30-day period of congressional review as
140	140	43 provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December
141	141	44 24, 1973 (87 Stat. 813; D.C. Official
142	142	Code§ l-206.02(c)(l)), and publication in the District of
143	143	45 Columbia Register.
144	144	3