Editorial: Fully participate already in sexual misconduct investigation

Published 12:00 am Thursday, August 30, 2018

When Oregon Labor Commissioner Brad Avakian filed a complaint with his own office against legislative leadership and others this summer, the Legislature’s lawyer, Dexter Johnson, promised full and transparent participation in the process. This week it became clear that “full” participation does not include turning over subpoenaed documents to the Bureau of Labor and Industries.

So much for transparency and participation.

Avakian filed the complaint Aug. 1 at the behest of two student interns and two employees of the Legislature. It contains several accusations of sexual misconduct on the part of three lawmakers and accuses two staffers, including Senate President Peter Courtney’s communications director, of trying to hush the women up.

Named in the complaint were Courtney, D-Salem; House Speaker Tina Kotek, D-Portland; Johnson and Lore Christopher, the state’s employee services manager. The complaint says the two lawmakers should have been aware of accusations about the behavior of then-Sen. Jeff Kruse, R-Roseburg and, more broadly, the sexually hostile work environment in the Capitol. It cites complaints going back as far as 2013 about Rep. David Gomberg, D-Central Coast. It says Johnson, Christopher and Courtney’s communications director tried to silence the women who disclosed problems with Kruse.

After the BOLI complaint was filed lawmakers hired an outside employment lawyer to represent them. Kotek and Courtney have said, loudly enough, that sexual harassment at the Capitol is not OK. Kotek even told reporters when the complaint was filed that if the investigation leads to a better atmosphere at the Capitol and better outcomes for victims, she’s open to it.

Their recent actions belie those earlier words. BOLI wants information that would allow it to identify the women who complained about harassment, their lawyer argues, and those women were promised confidentiality. He has formally objected to the subpoenas.

Yet without information about the victims, Avakian’s office cannot truly investigate the claims they’ve made and cannot really understand the Legislature’s response. The women who complained deserve a full investigation, as do all Oregonians. It’s time Courtney, Kotek and the others lived up to their promise to participate fully.

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