Six in ten years? That’s the claim asserted by the
leadership of Wyoming’s legislature.
When State Senator Ray Peterson (R-Big Horn/Park) heard them
announce there had been only six reports of sexually inappropriate conduct by
his colleagues in the last decade, he was surprised. Senator Peterson was not
surprised that some lawmakers engaged in that kind of troublesome behavior. He
was surprised to learn the number was so low.
Senator
Peterson has been around. He has been a member of the Wyoming legislature since
2005. He was there during the years covered by that claim. Ray Peterson has a
keen moral compass. He believes the actual number of inappropriate sexual
incidents perpetrated by state legislators is much higher. “That number of six
since 2008,” he told the media, “could probably triple and be more accurate.”
His assessment? “Sadly enough, it’s pretty commonplace.”
His
colleague Michael Madden (R-Johnson-Sheridan) has been a legislator since 2007.
But, he has seen nothing of the sort. “I have never heard any innuendos or any
rumors of those kinds of things happening in the Wyoming legislature,” Madden
exclaimed.
Honest
folks who spend a great deal of time around legislators, especially after
hours, will tell you Senator Peterson is right, though his estimate may be on
the conservative side.
There
is a good reason that some, like Rep. Madden, have never seen “those kinds of
things happen in the Wyoming legislature.” The legislature has a secret. They figured
out how to make certain their constituents are as much in the dark about these
matters as Rep. Madden.
To
prove my point, I submitted a public records request to the Legislative Service
Office. I wanted their records regarding the handling of any complaints made
against legislators for inappropriate sexual conduct. They had admitted to six
such incidents. I suspected there were many more. However, they have rules to
shield them from any threat that we will never know.
Here’s
how it works. The legislature is protected by a law it enacted, denying
inspection of personnel files, though that law permits public access when
warranted. Knowing which lawmakers engage in sexually inappropriate conduct
warrants allowing the public to know. But, they keep it secret.
Digging
a deeper moat around the castle, legislators adopted internal rules. The
“Wyoming Legislature’s Anti-Discrimination Policies” and the Wyoming
Legislative Services Office Personnel Manual were written by legislators, for
legislators. The rules have a “but for the grace of God, there go I” tone. They
make sure the public will never learn anything about these untoward matters.
The
LSO lawyer explained, “Both policies include the directive that ‘to the extent
practicable, complaints of harassment or discrimination shall remain
confidential.”
Furthermore,
I was informed that “the procedure for formal discipline of legislators for
legislative misconduct requires the proceeding remain confidential unless and
until probable cause determination is made by a subcommittee of the management
council.” If probable cause is found, the matter is “open to the public.”
The
legislature’s attorney wrote, “No sexual harassment complaint has progressed to
the public-proceeding stage.” Not one of the six complaints legislative
leadership claims to have received or the three-times-that-number Senator
Peterson estimates to have happened, or the actual number which is undisclosed,
has “progressed to the public-proceeding stage.” Likely no sexual harassment
complaint ever will. If these guys are good at anything, it is covering one
another’s back.
It’s
good to be the rule maker.
Legislators
are, however, required to undergo non-harassment training. Imagine that. Adults
who have been elected to public office, entrusted to serve the people, have to
be trained to keep their hands to themselves.
The
cure will be found more quickly in “naming” not “training.” So long they can
hide behind policies, not much will change. The first time one of their
colleagues is called out publicly for this reprehensible behavior, the rest of
the legislature will take note. The abusive conduct will end abruptly.
Do
you think the voters have a right to know? Well, they do work for you.