Legislative human resources division - creation - duties - records - definitions

2-3-511. Legislative human resources division - creation - duties - records - definitions. (1) The legislative human resources division is created in the office of legislative legal services. The head of the division is the director of the legislative human resources division. The director of the office of legislative legal services shall appoint the director of the legislative human resources division and, in accordance with section 2-3-503 (1), may appoint such additional staff as may be necessary for the efficient operation of the division. (2) The legislative human resources division shall provide human resource services to the general assembly, its members and employees, the legislative staff agencies, and, to the extent they are covered by any policies administered by the division, third parties, including the investigation of complaints under the workplace expectations policy or under the workplace harassment policy. (2.5) In accordance with section 24-34-408 (2), the legislative human resources division is the designated repository of all written or oral complaints of discriminatory or unfair employment practices for each employer in the legislative department. The division shall preserve any written or oral complaints of discrimination or unfair employment practices as specified in section 24-34-408 (2), and such records shall be treated as specified in section 24-34-408 (2) for purposes of the Colorado Open Records Act, part 2 of article 72 of title 24. (3) (a) Except as otherwise provided in subsection (3)(b) or (3.5) of this section, records created and maintained by the legislative human resources division that are related to a workplace harassment complaint or investigation under the workplace harassment policy, a complaint under the workplace expectations policy, or an inquiry or request concerning workplace harassment or conduct, whether or not the complaint, investigation, inquiry, or request leads to a formal or informal complaint or resolution process, are not public records as defined in section 24-72-202 (6) and shall not be made available for public inspection. (b) Notwithstanding section 24-72-204 (3)(a)(X): (I) The director of the legislative human resources division shall publish and make available to the public an annual statistical report showing the total number of complaints received under the workplace harassment policy and the workplace expectations policy and their resolution. The director shall ensure that the report does not contain information that would disclose the identity of a complainant, respondent, or witness. (II) Records of the expenditure of public money on complaints, investigations, or other functions of the legislative human resources division are public records subject to inspection in accordance with part 2 of article 72 of title 24, except to the extent that they contain information that would disclose the details of, or the identity of an individual involved in, a complaint, investigation, inquiry, or request concerning workplace harassment or conduct. (3.5) (a) Records created and maintained by the legislative human resources division that are related to a sexual harassment complaint or investigation or an inquiry or request concerning sexual harassment are public records as defined in section 24-72-202 (6) and shall be made available for public inspection in accordance with section 24-72-204 (9) if: (I) The complaint, investigation, inquiry, or request is regarding a member of the general assembly; (II) The complaint, investigation, inquiry, or request leads to a formal or informal complaint or resolution process; and (III) The complaint or resolution process concludes that the member of the general assembly is culpable for any act of sexual harassment. (b) (I) Regardless of whether a request for records is made pursuant to the Colorado Open Records Act, part 2 of article 72 of title 24, and except as provided in subsection (3.5)(b)(II) of this section, if, after an investigation in accordance with the workplace harassment policy, a workplace harassment committee of the senate or house of representatives determines that the facts found in the investigation establish that it is more likely than not that a member of the general assembly violated the policy, the director of the legislative human resources division shall make available to the public the executive summary of the report of the investigation and the name of the member. The director shall ensure that the executive summary does not contain information that would disclose the identity of the complainant or any witness. (II) A workplace harassment committee of the senate or house of representatives may decide by a two-thirds vote not to release the executive summary as required by subsection (3.5)(b)(I) of this section. The committee shall meet in executive session to determine whether to release the executive summary or any portion of the executive summary and shall take into consideration the severity of the conduct alleged, any patterns of harassing behavior by the member, and the public's interest in being informed of the conduct of elected officials. Notwithstanding this subsection (3.5)(b)(II), if a request for records is made pursuant to the Colorado Open Records Act, part 2 of article 72 of title 24, for an executive summary of an investigation of an act of sexual harassment for which a member of the general assembly is found culpable, the executive summary is a public record as defined in section 24-72-202 (6) and shall be made available for inspection in accordance with section 24-72-204 (9), even if the committee voted not to release the executive summary. (4) The legislative human resources division shall be provided with suitable office space in the state capitol or in a nearby building. The office space must be situated so as to provide confidentiality and convenient access for individuals seeking human resource services from the division. (5) As used in this section, unless the context otherwise requires: (a) Workplace expectations policy means the workplace expectations policy adopted by the executive committee of the legislative council pursuant to the joint rules. (b) Workplace harassment policy means the workplace harassment policy adopted by the executive committee of the legislative council pursuant to the joint rules. Source: L. 2019: Entire section added, (SB 19-244), ch. 243, p. 2375, � 1, effective May 20. L. 2024: (2.5) and (3.5) added and (3) amended, (SB 24-160), ch. 445, p. 3113, � 1, effective August 7. L. 2025: Entire section amended, (HB 25-1333), ch. 409, p. 2325, � 1, effective August 6. PART 6 COLORADO COMMISSION ON UNIFORM STATE LAWS