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About The nugget. (Sisters, Or.) 1994-current | View Entire Issue (Sept. 5, 2018)
Wednesday, September 5, 2018 The Nugget Newspaper, Sisters, Oregon Lawmakers battle #MeToo probe By Andrew Selsky Associated Press SALEM (AP) — Oregon’s Legislature on Friday battled the state labor commissioner’s attempt to investigate sexual harassment in the Capitol, say- ing he lacks jurisdiction and that it would violate the pri- vacy of those who have come forward with complaints. T h e L e g i s l a t u r e ’s 35-page response to Labor Commissioner Brad Avakian sets up a confrontation between the legislative and executive branches of state government. “The Commissioner ’s Complaint is an attempt to violate the Constitution’s strong protection of the sepa- ration of powers,” insisted the Legislature’s outside attorney, Edwin Harnden, in response to Avakian’s complaint. On August 1, Avakian created shock waves in the Capitol when he accused two fellow Democrats — Senate President Peter Courtney and House Speaker Tina Kotek — of allowing a sexually hos- tile environment and of being slow to protect women from Republican Sen. Jeff Kruse. His complaint was filed on behalf of two female interns for Kruse who had com- plained of unwanted touching and comments, and on behalf of two employees. None was identified. Kruse resigned this year after an outside investigation found he had inappropriately touched women in the Capitol and as the #MeToo movement against sexual misconduct swept politics, entertainment and other industries. Avakian’s legislative director, Christine Lewis, said late Friday that questions over the authority of the Bureau of Labor and Industry to investi- gate would be addressed at a hearing later. “BOLI’s investigation is open, with investigators look- ing into not only the specific allegations of a hostile envi- ronment at the Capitol, but also the systems in place ... for maintaining the Capitol in a safe and healthy man- ner,” Lewis said in an emailed statement. In a telephone interview, Harnden said the labor bureau, which is part of the executive branch, does not have juris- diction over the Legislature’s rules and policies over the dis- cipline of members. Oregon Attorney General Ellen Rosenblum is distancing itself from the dispute, said her spokeswoman, Kristine Edmunson. “We have chosen not to provide legal advice to either the Legislature or to BOLI in this matter due to at least an appearance of a conflict. We represent both in other mat- ters, at least when one is not suing the other,” Edmunson said. Since the #MeToo move- ment caught fire, legisla- tures in about one-fifth of America’s states added pro- visions that allow for the external investigation of com- plaints. That takes them out of the hands of lawmakers who might have a vested and even personal interest in the outcome. In California, outside experts will be tasked with substantiating claims under a new legislative sexual misconduct policy that is expected to take effect in early 2019. In New Mexico, a new sexual harassment policy enacted just before the start of the 2018 legislative ses- sion requires the involvement of an outside counsel when accusations are made against lawmakers. Kotek and Courtney had already asked the Oregon Law Commission to review policies on harassment and HUGE END OF SUMMER SALE! ON EXERCISE THERAPY SWIM SPAS OR HOT TUBS! www.aquahottub.com (On sale through 9/12/18) FREE DELIVERY! 541-790-9679 • 413 W. Hood Ave., Sisters recommend ways to improve them by year’s end. They both “categorically deny” Avakian’s accusations that they permitted a “gen- erally hostile environment based upon sex,” Harnden wrote in the Legislature’s response to Avakian. Harnden said the Legislature is already work- ing to tighten policies against harassment, and that the Bureau of Labor and Industry was a part of it. “It was a great collabora- tive effort that was going on,” Harnden told The Associated Press. “It was the best of all worlds ... then the BOLI com- missioner made the decision to move all of it to a legal process. So instead of col- laboration to a solution, they decided to make it a litigation process.” Subpoenas related to Avakian’s complaint have requested names and infor- mation about all employees, student interns, or lobbyists and all documents relating to allegations of harassment for 17 Amerocana... PHOTO BY PATTI JO BEAL The Sisters Folk Festival is on its way this weekend,. See COMPLAINT on page 28 Not Using Your RV? Want It Sold? DINING & TAKE-OUT until midnight every night Menu at SistersSaloon.net 541-549-RIBS 190 E. Cascade Ave. CONSIGNMENTS WANTED! SEE OUR COMPLETE INVENTORY AT WWW.LARRYSRV.COM 541-923-4564 3000 S. Hwy. 97, Redmond, Oregon
