PRINTER'S NO. 2383

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

276

Session of

2023

INTRODUCED BY MAJOR, KLUNK, KRUPA, SCHEUREN, FLOOD, PICKETT,

BENHAM, OWLETT, SMITH, D'ORSIE, M. MACKENZIE, STENDER,

R. MACKENZIE, HAMM, STEHR, MARCELL, SCHMITT, TOMLINSON AND

RESOLVED, That the definition of "sexual harassment" in House

Rule 1 E be amended to read:

The following words and phrases when used in the Ethical and

Professional Conduct Rules of the House of Representatives shall

have the meanings given to them in this Rule unless the context

clearly indicates otherwise:

* * *

"Sexual harassment." Unwelcome sexual advances, requests for

The House of Representatives is committed to creating and

maintaining a work environment free from discrimination and

harassment.

(1) No Member or officer of the House shall engage in

[discrimination or harassment, including sexual harassment,]

discrimination, harassment or sexual harassment of:

(a) another Member or officer of the House or House

employee; or

(b) any individual:

(i) while performing [services or duties of the

following actions taken in good faith:

(a) Filing:

(i) a complaint of [discrimination or harassment]

discrimination, harassment or sexual harassment under

Rules of the House or the policies and procedures of an

employer;

(ii) a charge of [discrimination or harassment]

discrimination, harassment or sexual harassment with a

government agency or commission charged with enforcing

laws relating to [discrimination or harassment]

jurisdiction; or

(iv) a criminal complaint relating to harassment or

sexual harassment with a law enforcement agency.

(b) Participating in an investigation in connection with

or proceedings resulting from the filing of a complaint or

proceeding under paragraph (a).

(3) Nothing under subsection (2) shall be construed to

prevent action against a Member or officer of the House who is

the subject of a complaint or proceeding related to

[discrimination or harassment] discrimination, harassment or

appointed by the Minority Leader. From the Members appointed to

the Committee, the Speaker shall appoint a chair, vice-chair and

secretary for the Committee. The chair shall be a member of the

majority party, and the vice chair shall be a member of the

minority party.

The members of the Committee shall first meet upon the call

of the chair and perfect its organization. A majority of the

Committee shall constitute a quorum for it to proceed to

business. Unless otherwise provided in this rule, a majority of

the Committee shall be required to take any action authorized by

Committee at least 24 hours in advance of the date, time and

place of meetings and, insofar as possible, the subjects on the

agenda. Meetings may be called from time to time by the chair of

the Committee as the chair deems necessary. A member of the

Committee may request that the chair call a meeting for a

specific purpose. If the chair refuses to call a meeting upon

such request, a majority of the Committee may vote to call a

meeting by giving two days' written notice to the Speaker of the

House setting forth the time and place for such meeting. Such

notice shall be read in the House and posted in the House

by sine die adjournment of the General Assembly shall cease on

such date and all documents, reports, communications,

transcripts and other materials compiled by the Committee for

such matters, as well as any communications or other materials

received by the Committee after sine die adjournment of the

General Assembly, shall be collected, organized and submitted to

the Chief Clerk under seal for transition to the reconstituted

Committee consisting of Members appointed from the incoming

General Assembly. These materials shall be held in a secure

manner and nothing in this rule shall authorize the Chief Clerk

more of the matters under review by the former Committee or

received after sine die adjournment. Any time period required

for any actions of the Committee or others under this rule shall

be tolled until the reconstituted Committee has made a

determination whether or not to proceed. If the Committee

determines to proceed with a matter, the Committee may continue

from the stage in the consideration of the matter where the

former Committee ended if a majority of the Committee determines

that such continuation is appropriate without reconsideration of

the information provided by the former Committee.

excused from one hour of ethics training for any full year the

Member was absent due to illness, injury, military service or

any other permissible excuse under General Operating Rule 64(a).

The Committee shall be responsible for planning and

administering the education and training programs.

The Committee shall issue to a Member upon the Member's

request an advisory opinion regarding the Member's duties under

Rule 2 E relating to legislative nonprofit organizations. The

opinion shall be issued within 14 days following the request. No

Member who acts in good faith on an opinion issued under this

requesting the opinion may request that an opinion undergo

deletions and changes necessary to protect the identity of the

persons involved, and the Committee shall make such deletions

and changes.

The Committee may issue other advisory opinions with regard

to questions pertaining to other legislative ethics or decorum

at the request of a Member or House employee. An opinion issued

under this paragraph shall be confidential and shall apply

exclusively to the requestor. No requestor who acts in good

faith on an opinion issued under this paragraph shall be subject

A complaint must be in writing and be signed and dated by the

person filing the complaint under penalty of law under 18

Pa.C.S. § 4904 (relating to unsworn falsification to

authorities). The complaint must set forth in detail the actions

constituting the alleged unethical conduct or violation. No

person shall disclose or acknowledge to any other person any

information relating to the filing of a complaint or the

proposed filing of a complaint, except as otherwise authorized

under this rule or Rule 2.1 E, for the purpose of seeking legal

advice, as otherwise required by law or to carry out a function

any of the following:

(1) a complaint filed later than five years following

the occurrence of the alleged unethical conduct or violation;

(2) a complaint filed against a former Member or former

House employee unless required by Section 7(c) of the

Legislative Code of Ethics; or

(3) a complaint filed against a Member during a

restricted period.

A five-year limitations period that expires during a

restricted period shall be tolled until the day following the

(a) alleges facts that do not constitute unethical

conduct or a violation of Rule 2.1 E;

(b) is objectively baseless;

(c) is materially insufficient as to form;

(d) is a frivolous complaint; or

(2) initiate a preliminary investigation of the alleged

unethical conduct or violation.

If the Committee dismisses the complaint, the Committee shall

provide notice to the complainant explaining the basis for

dismissal under paragraph (1).

response with the Committee. Failure of the subject to file a

response shall not be deemed to be an admission, or create an

inference or presumption, that the allegations in the complaint

are true, and such failure shall not prohibit the Committee from

either proceeding with the preliminary or a formal investigation

or dismissing the complaint. The Committee may engage

independent counsel to assist in a preliminary investigation.

The subject may be represented by counsel of the subject's

choosing at any point during an investigation under this rule.

If the Committee initiates a preliminary investigation of a

allegations in the complaint. The adjustments may include:

(1) removing the complainant or the subject from the

physical work location of the complainant;

(2) allowing the complainant to be placed on

administrative leave with continued pay and benefits, if

applicable; or

(3) any other reasonable accommodation agreed to by the

employer and the complainant.

The employer shall keep the letter and the fact of the

initiation of a preliminary investigation confidential but may

complaint of a violation of Rule 2.1 E with the Committee.

A Member of the Committee who is the complainant, the subject

or a witness to the unethical conduct or violation alleged in a

complaint shall not participate in any Committee consideration

of the complaint. The Member shall be temporarily replaced on

the Committee in a like manner as the Member's original

appointment.

Within 30 days following the initiation of a preliminary

investigation, the Committee shall vote to dismiss the complaint

for lack of probable cause to support the alleged unethical

If the Committee votes to dismiss the complaint for lack of

probable cause to support the alleged unethical conduct or

violation after a preliminary investigation, the complainant may

file an appeal of that dismissal to the Committee within 30 days

of receiving the dismissal letter. The appeal must include a

concise statement of the reasons for the appeal and a

specification with particularity of the points of fact, the

Legislative Code of Ethics or the Rules of the House, supposed

to have been overlooked or misapprehended by the Committee.

Within 14 days after receiving a request for appeal, the

(1.1) consent agreements and final findings by the

Committee of a violation of Rule 2.1 E shall not be

confidential, except that at the request of a complainant,

the name of the complainant and, unless the House considers a

resolution to discipline the subject, any facts that may lead

to the identification of the complainant, including the name

of the subject, shall be redacted before an agreement or

final findings of the Committee are made public;

(2) the subject may, in their discretion, make public a

finding by the Committee that no unethical conduct or

(3) if the Committee makes a referral of a complaint to

a law enforcement agency, the Committee may provide the

agency with copies of documents and information in its

possession.

Any Member of the Committee breaching the confidentiality

provisions set forth in this rule as determined by a majority of

the Members of the Committee shall be removed immediately from

the Committee and replaced by another Member in a like manner as

the Member's original appointment.

A nondisclosure agreement shall not be imposed on an

subject from voluntarily entering into a settlement agreement

with a nondisclosure provision agreed to by each party as part

of the settlement of a complaint or proceeding. Notwithstanding

the foregoing, a Member who is the subject of a complaint of a

violation of Rule 2.1 E filed with the Committee shall not

benefit from a nondisclosure agreement or provision if a

completed formal investigation of the Committee finds that the

complaint is credible or a final decision by the Committee finds

a violation.

The Committee may meet with a committee of the Senate to hold

be taken at a joint meeting unless it is approved by the

Committee. A Member of the Committee who is the complainant, the

subject or a witness to the unethical conduct or violation of

Rule 2.1 E alleged in a complaint under this paragraph shall not

participate in any joint proceedings under this paragraph. The

Member shall be temporarily replaced on the Committee in a like

manner as the Member's original appointment.