Whmmaowmwaa?ag?a BEFORE THE COMMISSIONER OF THE BUREAU OF LABOR AND INDUSTRIES OF THE STATE OF OREGON In the Matter of: CR0 Case No: State of Oregon, Legisiative Assembly; and CONCILIATION AGREEMENT State of Oregon, Legislative Administration Committee; and Jeff Kruse, individually Respondents. in accordance with the provisions of Chapter 659A, Oregon Revised Statutes ane Oregon Administrative Rules 839-003-0000, et seq; the Oregon Bureau of Labor and Industries, Civil Rights Division; and State of Oregon, Legislative Assembly, and State of Oregon, Legislative Administration Committee agree to enter into this Conciliation Agreement in fult settlement of the complaint ?led with the Oregon Bureau of Labor and industries, Civil Rights Division, dated August 1, 2018, case number STEMSH180801-11138, wherein the Commissioner of the Bureau of Labor and industries appears as the Complainant, State of Oregon, Legislative Assembiy, State of Oregon, Legislative Administration Committee, appear as the Respondents and Jeff Kruse appears as an aider and abettor (?Commissioner?s Complaint?). This settlement reflects the harms experienced by the aggrieved persons referenced in the Commissioner?s Complaint in this settiement. it also refiects the work legislative leadership has undertaken and the additional work legisiative leadership wiil CONCILFATION AGREEMENT CRD CASE NO. STEMSH180801-11138 PASE i be undertaking to overhaui and improve ruies, training, and processes designed to provide a safe and equitable environment for those working in or visiting the Capitol. The Commissioner?s Complaint process was poiiticized in a manner that inhibited both sides from participating thoroughiy in the investigation. The Labor Commissioner is committed to strengthening an atmosphere of impartiaiity, fairness and trust to all who participate in agency investigatory processes. Both parties participated equally in the drafting of this agreement, and no ambiguity shall be interpreted against either of the parties. it is hereby agreed: i. 1. Respondents agree not to engage in any uniawful retaliation or discrimination against any aggrieved persons for participating in the investigation of the subject complaint. 2, In settlement of the Commissioner?s Complaint and corresponding Contempt Proceeding (Multnomah County Circuit Court Case No. Respondents agree to monetary compensation in the foilowing amounts: at. $1,095t000 total in non-economic damages in settiement of the Commissioner?s Compiaint to eight (8) Aggrieved Persons; and b. $26,612.64 to Senator Sara Gelser for attorneys? fees and out of pocketexpenses;and b. $200,000.00 to for attorneys? fees and out of pocket expenses. Payments shall be delivered within thirty (30) calendar days after the Agency receives the later of a fully executed copy of this Conciliation Agreement (?Due Date?) and CONCELIATION AGREEMENT CRD CASE NO. i 138 PAGE 2 Payments shall be made payable to Oregon Bureau of Labor and industries and shall be delivered to Oregon Bureau of Labor and industries. Fiscal Services, 1045 State Of?ce Building, 800 NE Oregon Portland, Oregon 97232?2180. 3. During the pendenoy of the Commissioner?s Complaint, interns A and tiled a lawsuit against Respondents and other defendants (Marion County Circuit Court Case No. 190V07520) (the ?Civil Case?). in consideration for the promises and covenants set forth in this Conciliation Agreement, Respondents will execute an agreement in the Civil Case (?Civil Settlement?), specifying the amount provided as payment to interns A and (?Settlement Payment"). Once payment is received, the amount will serve as consideration in exchange for their dismissal of the Civil Case with prejudice with no costs or fees, and a full Release of Claims. BOLI is not a party to the Civil Settlement; however, the Settlement Payment is incorporated into this Agreement in the amount recited in paragraph l.2.a. in addition, in consideration for the promises and covenants set forth herein, alt other individuals receiving monetary payment as described in paragraph l.2.a of this Agreement shall execute a full Release of All Claims. 4. Time is of the essence with the payments described above. if Respondents fail to make the payments within 10 days of the Due Date, then the Agency will immediately tile Formal Charges against Respondents for violations involving the Commissioner's Complaint and Substantial Evidence Determination. in the event that the Agency does lite Formal Charges against Respondents, the entirety of this Agreement is terminated and neither party shall have further rights or obligations AGREEMENT - CRD CASE NO. PAGE 3 under the terms and conditions of the agreement, including but not limited to Respondents obiigation to pay the monetary sums described in paragraph L2. 5. The parties stipuiate that the ECU civil rights division investigative file contains personal identifying information of aggrieved persons and individuals who assisted in the investigation for the Commissioner?s Complaint; and that in order to protect the personal identifying information of said individuals, the ECU oivii rights division investigative ?le wiil be placed under the protections of the amended interim protective order in this matter. 8. Respondents agree to support and pursue implementation of the Oregon Law Commission recommendations as set forth in the Oregon Law Commission, Oregon State Capitol Workplace Harassment Work Group, Report and Recommendations?, dated December 20, 2018, and incorporated herein by reference? Respondents acknowledge that the recommendations of the Oregon Law Commission are not to be construed as prohibiting or impeding the Bureau of Labor and Industries authority as set forth in ORS Chapter 65%. These recommendations include: 3. Capitol Cuiture: Continue efforts from legislative ieadership to improve the Capitol suitors; b. The Eguity Office: Establish a staffed Equity Of?ce! with oversight by a new bi-partisan Joint Conduct Committee; A copy of the Report and Recommendations is located at: COMM-SCION Report and Recommendations 9?9282%29. (if. 2 in the event that any dispute arises between the paraphrased language inotuded in paragraph l.6 of this agreement and the actual language of the Report and Recommendations made by the Oregon Law Commission. the actual language of the Report and Recommendations will prevail. AGREEMENT -- CRD CASE NO. PAGE 4 moo-ximmewro Training: implement training policies and programs as out-tinsel in the Report and Recommendations, including providing training on the workplace harassment policy; requiring respectful workplace training for staff. contractors, and lobbyists (including appticable attendance reporting procedures); conducting regular climate surveys; and recognizing a Capitot Leadership Team. interns. Volunteers. and Paces: implement policies and recommendations related to interns, voiunteers. and pages. including: requiring that the name and contact information of interns, pages. and volunteers be provided to Human Resources; providing workpiece harassment training to every intern, page. and volunteer; conduct exit interviews for every intern. page. and voiunteer; and e. Prohibited Conduct: Adopt a proposed definition of ?harassment." with examples. which atso includes a prohibition on retaliation for reporting alleged instances of harassment. t. Reporting Harassment: Create at least three avenues to report harassment. 9. Con?dential Disclosures: Create the ability to make con?dential disclosures, subject to limited exceptions. and authorize informal contacts with complainants and respondents. h. Nonsconfidential Reports: Mandate that supervisors report non? confidential complaints of workplace harassment; and encourage contractors to report non-confidential reports of workplace harassment. AGREEMENT CRD CASE NO. STEMSH180801-11138 PAGE 5 (Qm?mka?M-A 7. i, Formal Complaints: Implement recommendations made with regard to formal complaints including an individuai?s authorization to fits the same and the exercise of iorisdiction over third parties accused of harassment in the State Capitoi. j. Protecting Reporters. Compiainants, and Respondents: implement recommendations made with regard to reporters. compiainants, and respondents, including the imposition of safety measures to protect reporters, establishing rules applicable to neutral investigators, and creating due process mechanisms to ensure that respondents are given the opportunity to respond to allegations made against them. k. investigations: implement recommendations made with regard to investigations including the adoption of definitive investigative timelines and appellate procedures in the event that any party disputes tactuai ?ndings made with respect to a complaint. l. Remedies: lmpiement recommendations made with regard to remediai measures, including procedures for when both partisan and non partisan employees are accused of conduct violations. Respondents agree that within 15 days of the Due Date, Respondents wit! engage outside counset, subject to review and input, for handling of investigations and complaints related to discrimination and sexuai harassment, until such time as the Equity Of?ce is established. The offices of Legislative Counsel and Legislative Administration will have no role in handling investigations related to discrimination and sexuat harassment. Upon its establishment, all complaints and CONCELIATION AGREEMENT .. CRD CASE NO. PAGE 6 corresponding investigations related to discrimination or sexuai harassment be handied by the Equity Office. 8. Time is of the essence with requirements set forth in paragraphs 1.6 and it]. if Respondents tail complete requirements set forth in paragraphs l6 and l7 by completion of the 2019 legislative session, then the Agency may immediately fiie Formal Charges against Respondent for violations involving the Commissioner's Complaint. In the event that the Agency does file Formal Charges against Respondents for non monetary relief, Respondents maintain and may assert any and sit defenses presently available to them. 9. Respondents shall sign the Conciliation Agreement on or before March 8, 2019. Otherwise, the Division will report to the court in the Contempt Proceeding that the parties were unable to settle their dispute and request the Court schedule orai argument for the week of April 8 in accordance with paragraph 6 of the Stipulated Motion for Order to Hold Case in Abeyance. it). The Agreement may be executed in counterpart each of which shall be deemed an original, and sit of which, taken together, shall constitute one and the same instrument In addition, the Conciliation Agreement may be executed and transmitted via email or facsimile device, which transmission shall be as valid as an original( ll. By approval of this Concitiation Agreement and upon compliance with its terms, Complainant and Respondents declare and represent full understanding of the terms of CONCELIATION AGREEMENT - CRD CASE NO. PAGE 7 this Conoiitation Agreement and voluntarily accept the aforesaid tenns for the purpose of making a full compromise and settlement of the complaint named above. The Oregon Bureau of Labor and industries, Civil Rights Division, declares and represents that it will accept this settlement for the purpose of making a full compromise, adjustment, and settlement of any and all claims of, or in any way arising out of, the ?ling of the above~named complaint. iv. The parties to this Conciliation Agreement agree that this Conciliation Agreement and its terms shall not be used, offered, or admissible as evidence or proof of liability or fault in any future arbitration, administrative or Court proceeding, except for use in a dispute arising out of the terms or enforcement of the Conciliation Agreement. By: 7 I Date: Authorized Reoresentative for Respondents Oregon Legisiative Assembly mew? Author? ed Representative'for Respondents Or:/7Aiatve Ad istrative Committee By: 7 Date: 3- gl/7 Hoyle, L'ebor mmissioner, ompleinant AGREEMENT -- CRD CASE NO. ?#38 PAGE 8 APPROVED AS TO FORM AND CONTENT Date: a 3/2? gm/m/g I 6 Date: 4:53 fay/M? Respon ent Oregon Legislative Administrative Committee By; Date: Civil Rights Division AGREEMENT - CRD CASE NO. STEMSH180801-11138 PAGE 9