What are they covering up?

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.