S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2677
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by Sens. MAYER, BRESLIN, BROOKS, HOYLMAN, JACKSON, LIU, MAY,
   METZGER -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Investigations and Government Operations
 
 AN  ACT  to amend the legislative law, in relation to policies regarding
   the prevention of sexual harassment in the legislature

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The legislative law is amended by adding a new section 7-h
 to read as follows:
   § 7-H. PREVENTION OF SEXUAL HARASSMENT IN THE LEGISLATURE. 1. IT SHALL
 BE THE POLICY OF THE LEGISLATURE TO PREVENT SEXUAL HARASSMENT AMONG  THE
 MEMBERS, OFFICERS, AND EMPLOYEES WHO WORK IN THE NEW YORK STATE LEGISLA-
 TURE,  EACH  OF  WHOM MUST BE GUARANTEED A WORKPLACE FREE OF HARASSMENT.
 THE PROVISIONS OF THIS SECTION APPLY TO  THE  EMPLOYMENT  CONDITIONS  OF
 EACH HOUSE.
   2.  EACH HOUSE SHALL ISSUE A STRONG MANAGEMENT POLICY STATEMENT DEFIN-
 ING AND PROHIBITING SEXUAL HARASSMENT IN THEIR  RESPECTIVE  HOUSE.  SUCH
 POLICY  STATEMENT  SHALL  INCLUDE,  BUT IS NOT LIMITED TO, THE FOLLOWING
 PROVISIONS:
   (A) A CLEAR PROHIBITION OF SEXUAL HARASSMENT; DEFINING SEXUAL  HARASS-
 MENT  AS A FORM OF EMPLOYEE MISCONDUCT AND AFFIRMING THAT SANCTIONS WILL
 BE ENFORCED  AGAINST  INDIVIDUALS  ENGAGING  IN  SEXUAL  HARASSMENT  AND
 AGAINST  SUPERVISORY  AND  MANAGERIAL PERSONNEL WHO KNOWINGLY ALLOW SUCH
 BEHAVIOR TO CONTINUE;
   (B) A DESCRIPTION OF  THE  RIGHTS  PROVIDED  TO  EMPLOYEES,  INCLUDING
 INTERNS AND FELLOWS, WHO ALLEGE THEY HAVE BEEN SUBJECT TO SEXUAL HARASS-
 MENT;
   (C)  CLARIFICATION  THAT  THE  DEFINITION OF AN EMPLOYEE SHALL INCLUDE
 INTERNS, FELLOWS AND VOLUNTEERS;
   (D) PROVISIONS PROVIDING FOR THE PROCESS OF FILING OF COMPLAINTS  WITH
 THE  DIRECTOR OF HUMAN RESOURCES IN EACH HOUSE, WHO SHALL BE REQUIRED TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01358-01-9

 S. 2677                             2
 
 REFER ALL SUCH COMPLAINTS TO AN INDEPENDENT OUTSIDE COUNSEL OR ORGANIZA-
 TION RETAINED BY THE HOUSE OR JOINTLY BY BOTH HOUSES;
   (E)  PROVISIONS  CLARIFYING THAT MEMBERS, MANAGERS AND SUPERVISORY WHO
 BECOME AWARE OF CONDUCT THAT VIOLATES THE SEXUAL HARASSMENT  POLICY  ARE
 REQUIRED  TO  REPORT  THE  CONDUCT, EVEN IF THE APPARENT VICTIM DOES NOT
 WISH TO MAKE A COMPLAINT OR ASKS THAT THE INFORMATION BE KEPT  CONFIDEN-
 TIAL; AND
   (F)  A REQUIREMENT THAT THE HOUSE OR THE HOUSES JOINTLY RETAIN OUTSIDE
 COUNSEL OR ORGANIZATIONS, WHICH WILL BE  RESPONSIBLE  FOR  INVESTIGATION
 AND  REPORTS OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS FOR ADDITIONAL
 ACTION BASED ON COMPLAINTS OF SEXUAL HARASSMENT.
   3. THE POLICY SHALL DEFINE "EMPLOYEE" FOR THE PURPOSES OF THIS SECTION
 TO INCLUDE, BUT NOT BE LIMITED TO,  INTERNS,  TEMPORARY  EMPLOYEES,  AND
 INDIVIDUALS EMPLOYED PURSUANT TO A FELLOWSHIP SOLELY FOR THE PURPOSES OF
 RIGHTS AND REMEDIES DUE TO AN INCIDENT OF SEXUAL HARASSMENT.
   4.  SUCH  POLICY STATEMENT SHALL BE WIDELY DISTRIBUTED BY PROVIDING IT
 TO ALL EMPLOYEES, INCLUDING IT IN NEW EMPLOYEE ORIENTATION MATERIALS AND
 PUBLICIZING IT IN INTERNAL EMPLOYEE PUBLICATIONS  AND  ON  THEIR  PUBLIC
 WEBSITES.  EACH  EMPLOYEE SHALL SUBMIT WRITTEN ACKNOWLEDGEMENT OF HIS OR
 HER RECEIPT OF SUCH POLICY STATEMENT.
   5. THE POLICY ADOPTED BY EACH HOUSE SHALL PROVIDE THAT UPON RECEIPT OF
 A COMPLAINT OF SEXUAL HARASSMENT TO  THE  SECRETARY  OF  THE  SENATE  OR
 DIRECTOR  OF ASSEMBLY ADMINISTRATION AS THE CASE MAY BE, A PROMPT INVES-
 TIGATION MUST BE  CONDUCTED  BY  THE  OUTSIDE  COUNSEL  OR  ORGANIZATION
 RETAINED  BY THE HOUSE. THE FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF
 THE OUTSIDE COUNSEL OR ORGANIZATION SHALL BE COMPLETED WITHIN SIXTY DAYS
 AFTER THE COMPLAINT WAS MADE. AFTER THE WITNESSES HAVE BEEN INTERVIEWED,
 THE OUTSIDE COUNSEL OR ORGANIZATION SHALL PROVIDE TO THE ACCUSED A WRIT-
 TEN GENERAL SUMMARY OF THE EVIDENCE PROVIDED BY THE  COMPLAINING  PARTY,
 WHICH SHALL NOT REVEAL THE IDENTITY OF WITNESSES UNLESS THE SECRETARY OF
 THE  SENATE OR DIRECTOR OF ASSEMBLY ADMINISTRATION DEEMS IT NECESSARY TO
 DO SO. THE ACCUSED EMPLOYEE  SHALL  HAVE  THE  OPPORTUNITY  TO  RESPOND,
 EITHER  ORALLY  OR  IN  WRITING. WITH RESPECT TO EMPLOYEES OF EACH HOUSE
 ONLY, THE SECRETARY OF THE SENATE OR THE DIRECTOR OF  ASSEMBLY  ADMINIS-
 TRATION  AS  THE  CASE  MAY BE WILL HAVE THE AUTHORITY TO MAKE THE FINAL
 DETERMINATION OF  APPROPRIATE  SANCTION,  IF  ANY  IS  WARRANTED,  AFTER
 CONSIDERING  THE  INVESTIGATION REPORT AND ANY OTHER EVIDENCE BROUGHT TO
 HIS OR HER ATTENTION. IF THE SECRETARY OF  THE  SENATE  OR  DIRECTOR  OF
 ASSEMBLY  ADMINISTRATION  DETERMINES THAT THE POLICY WAS NOT VIOLATED OR
 THAT THERE  IS  INSUFFICIENT  EVIDENCE  TO  MAKE  SUCH  A  FINDING,  THE
 COMPLAINANT MAY APPEAL TO THE SPEAKER OF THE ASSEMBLY OR TEMPORARY PRES-
 IDENT OF THE SENATE IN EACH RESPECTIVE HOUSE.
   6.  THE INDEPENDENT OFFICER DESIGNATED IN EACH HOUSE SHALL BE REQUIRED
 TO INVESTIGATE ALL COMPLAINTS AGAINST MEMBERS AND ISSUE A REPORT  SUMMA-
 RIZING  FINDINGS  AND  RECOMMENDATION,  INCLUDING  ANY  REFERRAL  TO THE
 RESPECTIVE STANDING COMMITTEE ON ETHICS IN EACH HOUSE  OF  THE  LEGISLA-
 TURE,  OR LAW ENFORCEMENT AS MAY BE NECESSARY AND APPROPRIATE, TO REMEDY
 ANY DISCRIMINATORY CONDUCT FOUND IN SUCH REPORT. THE INDEPENDENT OFFICER
 SHALL PROVIDE AN INITIAL DETERMINATION OF THE VALIDITY OF AN  ALLEGATION
 OF  SEXUAL HARASSMENT WITHIN SIXTY DAYS OF A COMPLAINT AND A RECOMMENDA-
 TION OF ACTION WITHIN THIRTY DAYS AFTER THE CONCLUSION OF  THE  INVESTI-
 GATION AND INITIAL DETERMINATION.
   7. THE OUTSIDE COUNSEL OR ORGANIZATIONS RETAINED PURSUANT TO PARAGRAPH
 (F)  OF  SUBDIVISION  TWO OF THIS SECTION SHALL NOT BE SUBJECT TO TERMI-
 NATION BUT FOR GOOD CAUSE BY THE LEGISLATURE OR THE TEMPORARY  PRESIDENT
 OR SPEAKER OF THE ASSEMBLY AS THE CASE MAY BE.

 S. 2677                             3

   8.  EACH  HOUSE  SHALL  CONDUCT  APPROPRIATE  TRAINING TO INSTRUCT AND
 SENSITIZE ALL EMPLOYEES. ALL TRAININGS  SHALL  INCLUDE,  AT  A  MINIMUM,
 INFORMATION  CONCERNING  THE  FEDERAL AND STATE STATUTORY PROVISIONS AND
 ANY RELEVANT LOCAL LAWS CONCERNING SEXUAL HARASSMENT AND REMEDIES AVAIL-
 ABLE TO VICTIMS OF SEXUAL HARASSMENT. SUCH TRAINING SHALL BE:
   (A)  FOR  MEMBERS  OF  THE  LEGISLATURE, AT LEAST TWO HOURS WITHIN THE
 FIRST SIX MONTHS OF A MEMBER'S ELECTION;
   (B) FOR OFFICERS OR EMPLOYEES OF THE LEGISLATURE, AT LEAST  TWO  HOURS
 WITHIN THE FIRST SIX MONTHS OF EMPLOYMENT;
   (C)  FOR BOTH MEMBERS AND OFFICERS OR EMPLOYEES OF THE LEGISLATURE, AT
 LEAST TWO HOURS WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS  SECTION
 IF  AN  OFFICER OR EMPLOYEE WAS EMPLOYED ON OR BEFORE THE EFFECTIVE DATE
 OF THIS SECTION, AND EVERY YEAR THEREAFTER; AND
   (D) FOR EMPLOYEES OF THE LEGISLATURE DEEMED TO BE SUPERVISORY  EMPLOY-
 EES BY THE APPOINTING AUTHORITY, AN ADDITIONAL ONE HOUR EVERY YEAR.
   9.  THE PROVISIONS OF THIS SECTION SHALL BE DEEMED TO BE IN COMPLIANCE
 WITH SECTION TWO HUNDRED ONE-G OF THE LABOR LAW.
   10. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  CONFLICT  WITH  ANY
 OTHER RIGHTS OF INDIVIDUALS UNDER LOCAL, STATE OR FEDERAL LAW.
   § 2. This act shall take effect immediately.