2021 Colorado Code
Title 2 - Legislative
Article 3 - Legislative Services
Part 5 - Committee on Legal Services - Office of Legislative Legal Services
§ 2-3-511. Office of Legislative Workplace Relations - Creation - Duties - Records - Definitions

Universal Citation: CO Code § 2-3-511 (2021)
  1. The office of legislative workplace relations is created in the office of legislative legal services. The head of the office is the director of the office of legislative workplace relations. The director of the office of legislative legal services shall appoint the director of the office of legislative workplace relations and may appoint such additional staff as may be necessary for the efficient operation of the office, in accordance with section 2-3-503 (1).
  2. The office of legislative workplace relations shall provide services to the general assembly, its members and employees, and the legislative staff agencies related to employee relations; training; compliance; workplace culture, including the investigation of complaints under the workplace expectations policy; and workplace harassment, including the investigation of complaints under the workplace harassment policy.
  3. Records created and maintained by the office of legislative workplace relations that are related to a workplace harassment complaint or investigation, a complaint under the workplace expectations policy, or an inquiry or request concerning workplace harassment or conduct, whether or not the inquiry or request leads to a formal or informal complaint or resolution process, are not public records as defined in section 24-72-202 (6) and shall not be made available for public inspection; except that, notwithstanding the provisions of section 24-72-204 (3)(a)(X):
    1. The director of the office of legislative workplace relations shall publish and make available to the public an annual statistical report showing the total number of complaints received under the workplace harassment policy and the workplace expectations policy and their resolution. The director shall ensure that the report does not contain information that would disclose the identity of a complainant, respondent, or witness.
      1. Except as provided in subsection (3)(b)(II) of this section, if, after an investigation in accordance with the workplace harassment policy, a workplace harassment committee of the senate or house of representatives finds that the facts found more likely than not in the investigation establish a violation of the policy by a member of the general assembly, the director of the office of legislative workplace relations shall make available to the public the executive summary of the report of the investigation and the name of the member. The director shall ensure that the executive summary does not contain information that would disclose the identity of the complainant or any witness. (b) (I) Except as provided in subsection (3)(b)(II) of this section, if, after an investigation in accordance with the workplace harassment policy, a workplace harassment committee of the senate or house of representatives finds that the facts found more likely than not in the investigation establish a violation of the policy by a member of the general assembly, the director of the office of legislative workplace relations shall make available to the public the executive summary of the report of the investigation and the name of the member. The director shall ensure that the executive summary does not contain information that would disclose the identity of the complainant or any witness.
      2. The committee may decide by a two-thirds vote to not release the executive summary as required by subsection (3)(b)(I) of this section. The committee shall meet in executive session to determine whether to release the executive summary or any portion thereof and shall take into consideration the severity of the conduct alleged, any patterns of harassing behavior by the member, and the public's interest in being informed of the conduct of elected officials.
    2. Records of the expenditure of public money on complaints, investigations, or other functions of the office of legislative workplace relations are public records subject to inspection in accordance with part 2 of article 72 of title 24, except to the extent that they contain information that would disclose the details of, or the identity of an individual involved in, a complaint, investigation, or inquiry or request concerning workplace harassment or conduct.
  4. The office of legislative workplace relations shall be provided with suitable office space in the state capitol or in a nearby building. The office space must be situated so as to provide confidentiality and convenient access for individuals covered by the workplace harassment policy and the workplace expectations policy.
  5. As used in this section, unless the context otherwise requires:
    1. “Workplace expectations policy” means the workplace expectations policy adopted by the executive committee of the legislative council pursuant to the joint rules.
    2. “Workplace harassment policy” means the workplace harassment policy adopted by the executive committee of the legislative council pursuant to the joint rules.

History. Source: L. 2019: Entire section added, (SB 19-244), ch. 243, p. 2375, § 1, effective May 20.


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