[First Reprint]

ASSEMBLY, No. 3312

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED FEBRUARY 12, 2018

 


 

Sponsored by:

Assemblywoman† CAROL A. MURPHY

District 7 (Burlington)

Assemblyman† JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Assemblywoman† JOANN DOWNEY

District 11 (Monmouth)

Assemblywoman† SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblymen Mazzeo, Armato, Assemblywoman Lopez, Assemblyman Zwicker, Assemblywomen Quijano, Pinkin, Jimenez, McKnight, Assemblyman Freiman, Assemblywoman Vainieri Huttle, Assemblymen Coughlin, Tully, Assemblywomen Swain, Jasey, Assemblyman McKeon, Assemblywoman Mosquera, Assemblymen Benson, Space, Harold J. Wirths and Houghtaling

 

 

 

 

SYNOPSIS

†††† Requires Legislature to adopt and distribute policy prohibiting sexual harassment; requires members, officers, and employees of Legislature to complete online training on policy once every two years.

 

CURRENT VERSION OF TEXT

†††† As reported by the Assembly Budget Committee on September 24, 2018, with amendments.

††


An Act concerning the policy of the Legislature regarding sexual harassment and supplementing Title 52 of the Revised Statutes.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.††† a.† 1[The] Each House of the1 Legislature 1and the Office of Legislative Services1 shall adopt and maintain a policy that: prohibits sexual harassment by members, officers, and employees of the Legislature; requires compliance with the policy; requires that appropriate measures be taken to ensure that prohibited conduct does not occur; and provides procedures for the reporting, investigation, final determination, remediation, and discipline of prohibited conduct.† The policy shall include provisions regarding confidentiality, retaliation, and false accusations.†

†††† The 1[Legislature shall adopt the]1 policy 1shall be adopted1 in any manner deemed appropriate 1by the presiding officer of each House and the executive director of the Office of Legislative Services, as appropriate1. ††

†††† The policy 1, whether a separate policy adopted independently by each House and the Office of Legislative Services, or as one policy adopted jointly thereby,1 shall apply to all members of the Legislature, and all officers and employees, including supervisors and managers, of the partisan staff offices, district offices, Office of Legislative Services, Office of Clerk of the General Assembly, and Office of the Secretary of the Senate 1, as appropriate1. The policy 1adopted by the Office of Legislative Services1 shall apply to any agency, board, bureau, or commission within or created by the Legislative Branch.†

†††† b.††† The policy 1[adopted by the Legislature]1 shall be distributed 1[by the director of human resources of the Office of Legislative Services]1 to all members, officers, and employees to whom it applies. Initially, the policy shall be distributed to current members, officers, and employees within 60 calendar days of the effective date of this section 1, unless a policy that conforms with subsection a. of this section was distributed within 180 days preceding enactment of this act, P.L.††† , c.††† (pending before the Legislature as this bill)1. Thereafter, the policy shall be distributed to a member, officer, or employee within five business days of taking office or commencing employment. Any member, officer, or employee to whom the policy is distributed shall acknowledge receipt thereof in writing 1to the presiding officer of each House or to the executive director of the Office of Legislative Services, as appropriate, or a designee thereof,1 within 10 business days of receipt. 1[All acknowledgements of receipt shall be submitted directly to the director by members, officers, and employees.]1

†††† c.†††† The 1[director of human resources of the Office of Legislative Services shall review the]1 policy 1shall be reviewed1 at least once every two years 1[and shall make such modifications as the director deems necessary. The director shall notify in writing the Legislative Services Commission, the President and Minority Leader of the Senate, and the Speaker and Minority Leader of the General Assembly whenever any modification is made to the policy. The director may elect to submit recommended modifications to the Legislature for adoption] . Modifications shall be adopted1 in the same manner as provided for the adoption of the policy. The 1[director shall distribute the]1 policy as modified 1shall be distributed1 to all members, officers, and employees to whom it applies within 30 calendar days of modification. Members, officers, and employees shall acknowledge in writing 1to the presiding officer of each House or to the executive director of the Office of Legislative Services, as appropriate, or a designee thereof,1 the receipt of the modified policy within 10 business days of receipt.†

†††† d.††† The director of human resources of the Office of Legislative Services shall prepare and maintain an online training program on 1[the] any1 policy adopted 1[by the Legislature and as modified by the director or the Legislature]1.† Each member, officer, and employee to whom the policy applies shall complete the online 1or another approved1 training 1[no later than April 1 of every even-numbered year,] program, as determined by the presiding officer of each House and by the executive director of the Office of Legislative Services, as appropriate, no less than once every two years,1 and shall submit a certification denoting completion thereof.† A member of the Legislature shall submit the certification of completion for the member and the memberís district office staff to the executive director 1, or a designee thereof,1 in the partisan staff office of the memberís House and political party.† Officers and employees of a partisan staff office shall submit the certification of completion to the executive director of that office 1, or a designee thereof1.† Officers and employees of the Secretary of the Senate and of the Clerk of the General Assembly shall submit the certification of completion to the Secretary and Clerk, as appropriate.† Officers and employees of the Office of Legislative Services shall submit the certification of completion to the director of human resources of that office. Members, officers, and employees of any agency, board, bureau, or commission within or created by the Legislative Branch for whom a person has not already been designated to receive the certification of completion pursuant to this subsection shall submit the certification to the director of human resources of the Office of Legislative Services.

†††† 1[Each executive director and the Secretary and Clerk shall then submit those certifications of completion to the director of human resources in the Office of Legislative Services along with a list of those members, officers, and employees who have not completed the training or submitted a certification.]1† All certifications of completion shall be public information.

†††† e.†††† The Office of Legislative Services shall publish 1[the] any adopted1 policy on the official website of the Legislature, 1[and include] along with1 the contact information for its human resources office 1[along with the policy]1.

 

†††† 2.††† This act shall take effect on the first day of the third month next following enactment, but such anticipatory administrative action may be taken in advance as shall be necessary for the implementation of this act.