A year after allegations against Kirby and Joyce, new harassment policy tabled
New policy take steps to protect confidentiality
A tangly series of complaints in Newfoundland and Labrador's legislature last spring turned into a public scandal, with some members accused of bullying, and the MHAs leveling the accusations becoming household faces.
Since then, a legislative committee has been working on a better way to handle those situations. Its final report was tabled in the House of Assembly on Monday.
"The legislature must lead by example in this area," reads a media release sent along with the report from the Standing Committee on Privileges and Elections.
When the allegations first surfaced, the legislature was anything but a leader in resolving workplace issues.
There was confusion around the process of how to file a complaint of workplace bullying or harassment — who investigates, and to whom do they present their findings?
The commissioner of legislative standards — a position held by Bruce Chaulk — was the person tasked with conducting those investigations.
The new policy, however, will see that role taken over by the citizen's representative, a position independent of government that is often called the ombudsman. Lawyer Barry Fleming currently holds the office.
Confidentiality is key
The report proposes a process that the committee hopes will be more clear, and protect confidentiality so the identity of complainants won't be known by the public.
It's a move welcomed by MHA Pam Parsons, who was a complainant last spring when she made accusations against former education minister Dale Kirby.
Parsons was also on the committee that created the new policy.
"Confidentiality is huge. The work that's been done now to amend the confidentiality aspects, it certainly would have been much different," she said. "In my case, for example, I made a confidential complaint. But that got outed."
The committee has also recommended that investigations be wrapped and a final report filed within six months of a complaint being made.
The harassment and bullying complaints against former ministers Eddie Joyce and Dale Kirby ended with them being cleared of the allegations — even though both were booted from both cabinet and the Liberal caucus.
They were, however, faulted for separate code of conduct violations for which they were ordered to issue apologies in the House of Assembly.
Complainants choose their path in new process
Resolutions will be "complainant-driven," the report says, which means the complainant will be presented with options to resolve the situation, and they will choose which one to proceed with.
Final reports will be tabled with the Standing Committee on Elections and Privileges, which developed the new policy.
Reports will then be presented in the House of Assembly, where the name of the MHA in question will be revealed, but the name of the complainant will remain anonymous.
The new policy is expected to come into effect after the next provincial election.