House Bill 25-1333 Rerevised

A Bill for an Act

• Page 1, Line 101Concerning the creation of the legislative human resources

• Page 1, Line 102division to provide human resource services to the

• Page 1, Line 103legislative branch.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)

Executive Committee of the Legislative Council. The office of legislative workplace relations (OLWR) was established in 2019 as an entity within the office of legislative legal services to provide services to the general assembly, its members and employees, and the legislative services agencies. Specifically, the OLWR is directed to provide services related to employee relations, training, compliance, workplace culture, and workplace harassment, including investigations of complaints under the general assembly's policies on workplace expectations and workplace harassment.

The bill rebrands the OLWR as the legislative human resources division and directs the division to provide human resource services to the legislative branch, which includes the existing services required by law and additional services, such as benefits administration, compensation and classification, hiring and recruitment, and new employee onboarding, within available resources.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, amend 2-3-511 as follows:

• Page 2, Line 32-3-511.  Legislative human resources division - creation -

• Page 2, Line 4duties - records - definitions. (1)  The office of legislative workplace

• Page 2, Line 5relations legislative human resources division is created in the office

• Page 2, Line 6of legislative legal services. The head of the office division is the

• Page 2, Line 7director of the office of legislative workplace relations legislative

• Page 2, Line 8human resources division. The director of the office of legislative

• Page 2, Line 9legal services shall appoint the director of the office of legislative

• Page 2, Line 10workplace relations legislative human resources division and, in

• Page 2, Line 11accordance with section 2-3-503 (1), may appoint such additional

• Page 2, Line 12staff as may be necessary for the efficient operation of the office, in accordance with section 2-3-503 (1) division.

• Page 2, Line 13(2)  The office of legislative workplace relations legislative

• Page 2, Line 14human resources division shall provide human resource services to

• Page 2, Line 15the general assembly, its members and employees, and the legislative staff

• Page 2, Line 16agencies, related to employee relations; training; compliance; workplace

• Page 2, Line 17culture and, to the extent they are covered by any policies

• Page 2, Line 18administered by the division, third parties, including the

• Page 3, Line 1investigation of complaints under the workplace expectations policy and

• Page 3, Line 2workplace harassment, including the investigation of complaints or under the workplace harassment policy.

• Page 3, Line 3(2.5)  In accordance with section 24-34-408 (2), the office of

• Page 3, Line 4legislative workplace relations legislative human resources division

• Page 3, Line 5is the designated repository of all written or oral complaints of

• Page 3, Line 6discriminatory or unfair employment practices for each employer in the

• Page 3, Line 7legislative department. The office division shall preserve any written or

• Page 3, Line 8oral complaints of discrimination or unfair employment practices as

• Page 3, Line 9specified in section 24-34-408 (2), and such records shall be treated as

• Page 3, Line 10specified in section 24-34-408 (2) for purposes of the "Colorado Open Records Act", part 2 of article 72 of title 24.

• Page 3, Line 11(3) (a)  Except as otherwise provided in subsection (3)(b) or (3.5)

• Page 3, Line 12of this section, records created and maintained by the office of legislative

• Page 3, Line 13workplace relations legislative human resources division that are

• Page 3, Line 14related to a workplace harassment complaint or investigation under the

• Page 3, Line 15workplace harassment policy, a complaint under the workplace

• Page 3, Line 16expectations policy, or an inquiry or request concerning workplace

• Page 3, Line 17harassment or conduct, whether or not the complaint, investigation,

• Page 3, Line 18inquiry, or request leads to a formal or informal complaint or resolution

• Page 3, Line 19process, are not public records as defined in section 24-72-202 (6) and shall not be made available for public inspection.

• Page 3, Line 20(b)  Notwithstanding section 24-72-204 (3)(a)(X):

• Page 3, Line 21(I)  The director of the office of legislative workplace relations

• Page 3, Line 22legislative human resources division shall publish and make

• Page 3, Line 23available to the public an annual statistical report showing the total

• Page 3, Line 24number of complaints received under the workplace harassment policy

• Page 4, Line 1and the workplace expectations policy and their resolution. The director

• Page 4, Line 2shall ensure that the report does not contain information that would disclose the identity of a complainant, respondent, or witness.

• Page 4, Line 3(II)  Records of the expenditure of public money on complaints,

• Page 4, Line 4investigations, or other functions of the office of legislative workplace

• Page 4, Line 5relations legislative human resources division are public records

• Page 4, Line 6subject to inspection in accordance with part 2 of article 72 of title 24,

• Page 4, Line 7except to the extent that they contain information that would disclose the

• Page 4, Line 8details of, or the identity of an individual involved in, a complaint,

• Page 4, Line 9investigation, inquiry, or request concerning workplace harassment or conduct.

• Page 4, Line 10(3.5) (a)  Records created and maintained by the office of

• Page 4, Line 11legislative workplace relations legislative human resources division

• Page 4, Line 12that are related to a sexual harassment complaint or investigation or an

• Page 4, Line 13inquiry or request concerning sexual harassment are public records as

• Page 4, Line 14defined in section 24-72-202 (6) and shall be made available for public inspection in accordance with section 24-72-204 (9) if:

• Page 4, Line 15(I)  The complaint, investigation, inquiry, or request is regarding a member of the general assembly;

• Page 4, Line 16(II)  The complaint, investigation, inquiry, or request leads to a formal or informal complaint or resolution process; and

• Page 4, Line 17(III)  The complaint or resolution process concludes that the

• Page 4, Line 18member of the general assembly is culpable for any act of sexual harassment.

• Page 4, Line 19(b) (I)  Regardless of whether a request for records is made

• Page 4, Line 20pursuant to the "Colorado Open Records Act", part 2 of article 72 of title

• Page 4, Line 2124, and except as provided in subsection (3.5)(b)(II) of this section, if,

• Page 5, Line 1after an investigation in accordance with the workplace harassment

• Page 5, Line 2policy, a workplace harassment committee of the senate or house of

• Page 5, Line 3representatives determines that the facts found in the investigation

• Page 5, Line 4establish that it is more likely than not that a member of the general

• Page 5, Line 5assembly violated the policy, the director of the office of legislative

• Page 5, Line 6workplace relations legislative human resources division shall make

• Page 5, Line 7available to the public the executive summary of the report of the

• Page 5, Line 8investigation and the name of the member. The director shall ensure that

• Page 5, Line 9the executive summary does not contain information that would disclose the identity of the complainant or any witness.

• Page 5, Line 10(II)  A workplace harassment committee of the senate or house of

• Page 5, Line 11representatives may decide by a two-thirds vote not to release the

• Page 5, Line 12executive summary as required by subsection (3.5)(b)(I) of this section.

• Page 5, Line 13The committee shall meet in executive session to determine whether to

• Page 5, Line 14release the executive summary or any portion of the executive summary

• Page 5, Line 15and shall take into consideration the severity of the conduct alleged, any

• Page 5, Line 16patterns of harassing behavior by the member, and the public's interest in

• Page 5, Line 17being informed of the conduct of elected officials. Notwithstanding this

• Page 5, Line 18subsection (3.5)(b)(II), if a request for records is made pursuant to the

• Page 5, Line 19"Colorado Open Records Act", part 2 of article 72 of title 24, for an

• Page 5, Line 20executive summary of an investigation of an act of sexual harassment for

• Page 5, Line 21which a member of the general assembly is found culpable, the executive

• Page 5, Line 22summary is a public record as defined in section 24-72-202 (6) and shall

• Page 5, Line 23be made available for inspection in accordance with section 24-72-204 (9), even if the committee voted not to release the executive summary.

• Page 5, Line 24(4)  The office of legislative workplace relations legislative

• Page 5, Line 25human resources division shall be provided with suitable office space

• Page 6, Line 1in the state capitol or in a nearby building. The office space must be

• Page 6, Line 2situated so as to provide confidentiality and convenient access for

• Page 6, Line 3individuals covered by the workplace harassment policy and the

• Page 6, Line 4workplace expectations policy seeking human resource services from the division.

• Page 6, Line 5(5)  As used in this section, unless the context otherwise requires:

• Page 6, Line 6(a)  "Workplace expectations policy" means the workplace

• Page 6, Line 7expectations policy adopted by the executive committee of the legislative council pursuant to the joint rules.

• Page 6, Line 8(b)  "Workplace harassment policy" means the workplace

• Page 6, Line 9harassment policy adopted by the executive committee of the legislative council pursuant to the joint rules.

• Page 6, Line 10SECTION 2.  In Colorado Revised Statutes, 24-72-204, amend (3)(a)(X.5) as follows:

• Page 6, Line 1124-72-204.  Allowance or denial of inspection - grounds -

• Page 6, Line 12procedure - appeal - definitions - repeal. (3) (a)  The custodian shall

• Page 6, Line 13deny the right of inspection of the following records, unless otherwise

• Page 6, Line 14provided by law; except that the custodian shall make any of the

• Page 6, Line 15following records, other than letters of reference concerning employment,

• Page 6, Line 16licensing, or issuance of permits, available to the person in interest in accordance with this subsection (3):

• Page 6, Line 17(X.5)  Records created, maintained, or provided to a custodian by

• Page 6, Line 18the office of legislative workplace relations legislative human

• Page 6, Line 19resources division created in section 2-3-511 that are related to a

• Page 6, Line 20workplace harassment complaint or investigation, a complaint under the

• Page 6, Line 21workplace expectations policy, or an inquiry or request concerning

• Page 6, Line 22workplace harassment or conduct, whether or not the records are part of a formal or informal complaint or resolution process;

• Page 7, Line 1SECTION 3.  Act subject to petition - effective date. This act

• Page 7, Line 2takes effect at 12:01 a.m. on the day following the expiration of the

• Page 7, Line 3ninety-day period after final adjournment of the general assembly; except

• Page 7, Line 4that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 7, Line 5of the state constitution against this act or an item, section, or part of this

• Page 7, Line 6act within such period, then the act, item, section, or part will not take

• Page 7, Line 7effect unless approved by the people at the general election to be held in

• Page 7, Line 8November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.