Bill > A1248

Introduced Session

This bill requires the adoption of and training on an anti-discrimination and anti-harassment policy by candidate committees, joint candidates committees, political party committees, and continuing political committee. The bill creates the Office on Discrimination and Harassment Prevention (ODHP) within the New Jersey Election Law Enforcement Commission and appropriates $2,000,000 to the commission to carry out the purposes of the bill. The ODHP will be comprised of at least three employees, including a director and two investigators, who are to have professional expertise in the areas of survivor support and trauma-informed interviewing. The office will receive, review, and investigate complaints of discrimination or harassment received from or made against: (1) any candidate or campaign and political staff member of a candidate committee, joint candidates committee, or political party committee; (2) any member of a political party committee or continuing political committee; (3) any individual engaged in political activities, including individuals providing or soliciting political contributions; or (4) any member of the press, a governmental affairs agent, or a third-party vendor who will be in the physical presence of the committee's offices or normal place of business or will be engaging with any candidate, committee member, or campaign and political staff member on a digital or virtual platform or by means of electronic communication in the course of performing their duties. The bill directs the ODHP to maintain an official Internet site, a secure portal through which complaints may be submitted, and a telephone number by which members of the public may contact the office. Confirmation of receipt of a complaint must be provided to a person submitting a complaint through the portal within 48 hours of submission. The ODHP, in consultation with individuals or organizations with expertise in harassment and bias, is to adopt a policy that meets the requirements of the bill, review the policy at least once every two years, and modify the policy as necessary. The policy must: outline prohibited conduct; require compliance with the policy; require that appropriate measures be taken to ensure that prohibited conduct does not occur; and provide procedures for the reporting, investigation, final determination, remediation, and discipline of prohibited conduct. The policy is to include provisions regarding confidentiality, retaliation, and false accusations. The policy must also provide for the consideration of recommendations for remediation made by the person against whom the harassment or discrimination was directed. The policy will apply whether or not the conduct occurs in the office and will also apply to electronic transmissions, such as email, text messages, or various postings on social media. The office is to approve at least one program that will provide training on the model policy or on the recognition, reporting, remediation, and prevention of discrimination and harassment. The program may be developed in-house or offered by a third party, and may be available either in-person or virtually. The policy is to be distributed to a person upon commencement of participation on the committee or campaign and within five business days of any modification to the policy. The candidate and members of campaign and political staff who will complete 280 hours of work for the committee in a calendar year are to receive training on the policy and submit a certification of completion to the committee, a copy of which will be filed with ODHP and considered public information. The bill also grants to the office the authority to issue fines for noncompliance. The bill requires candidates, members, campaign and political staff, and third-party vendors to provide a list of any campaign committees with which the person participated over the previous 10 years and a written attestation as to whether the person: (a) has been the subject of any investigation by ODHP, or by any campaign committee, that did not result in a finding that the allegations were false or not substantiated; or (b) has been disciplined, discharged, or asked to resign with respect to allegations of discrimination or harassment, or has voluntarily separated during any investigation of those allegations. Candidates, members, campaign and political staff, and third-party vendors must also provide written authorization consenting to the disclosure of information related to those allegations and releasing the office and any committee from liability that may arise from that disclosure. Committees are to provide this information to the office, which must verify the information with its records and notify the committee of any discrepancies. This information will not be deemed a government record under the open public records act or the common law concerning access to public records. The bill provides for a penalty of not more than $500 for any person who is determined pursuant to an administrative hearing to have willfully provided false information or willfully failed to disclose information required under the bill. The bill requires the ODHP to provide by February 1 of each year a report to the Governor, the Legislature, and the public, on its Internet site, documenting the number of cases reported and investigated during the previous calendar year. The bill also bans nondisclosure agreements concerning discrimination, retaliation, or harassment and requires that each candidate committee, joint candidates committee, political party committee, and continuing political committee is required to notify in writing any candidate, committee member, or campaign and political staff member who has signed or signs such confidentiality forms that those forms are deemed unenforceable. Finally, the bill creates an 11-member advisory board to provide assistance, advice, and guidance to ODHP as needed, including in drafting and reviewing policies and procedures and tracking implementation of the provisions of the bill. The members of the board include: (1) the Secretary of State; (2) the director of the Division on Civil Rights; (3) the director of the Division on Women; (4) the director of the Office on Discrimination and Harassment Prevention; (5) one member of the public chosen by the Governor from among three persons recommended by the New Jersey Coalition Against Sexual Assault; (6) two members of the public appointed by the Governor with expertise in the area of anti-harassment, one of whom is to have experience in education or advocacy related to anti-harassment in campaigns; and (7) four public members with expertise in the area of anti-harassment to be appointed, one each, by each of the following: the President of the Senate, the Speaker of the General Assembly, the Minority Leader of the Senate, and the Minority Leader of the General Assembly. The board is to adopt and implement a method for receiving anonymous feedback from individuals who have interacted with ODHP. The bill requires the office to provide to the board quarterly data concerning the number of cases reported and investigated during the previous three months. The board is to provide to the office, the Governor, and the Legislature two reports, one every three years following appointment of its members, concerning implementation of the provisions of the bill and any recommendations for legislation or regulations to improve upon implementation and adherence. The board will dissolve upon issuance of the second report.

AI Summary

Committee Categories

Eliana Pintor Marin (D)*,  Verlina Reynolds-Jackson (D), 

Introduced, Referred to Assembly State and Local Government Committee (on 01/11/2022)

Official Document