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