If a lawmaker is punished for sexual harassment or any other misdeeds, voters have a right to know about it.
Good governance, as we’ve said many times before, depends on transparency.
The recent private admonishment of Colorado state Rep. Wes McKinley, who had been accused of sexual harassment by a lobbyist, ought to spur lawmakers to rethink some privacy rules under the gold dome.
McKinley, D-Walsh, got away with a mere hand slap, and House Speaker Terrance Carroll then urged colleagues to keep the matter quiet.
McKinley was accused earlier this year of sexual harassment by a lobbyist who said he engaged in a pattern of offensive behavior and once grabbed her in a private meeting and forcefully kissed her.
The embrace took place in 2007, but the lobbyist didn’t come forward until May, she says, because of fears she would not be able to continue work at the Capitol.
The harassment claim was investigated by an outside firm that specializes in these incidents, and was found to be credible.
But, following state law and policy, Carroll did not reveal that he had admonished McKinley in a private letter and instructed him to undergo private counseling meant to teach him “how to handle situations so as to avoid conduct that may constitute sexual harassment.”
The Aug. 12 letter was first reported online by Face the State.
Now the victim of the harassment is calling on Carroll to change state confidentiality laws and to publicly condemn McKinley, according to The Denver Post’s Jessica Fender.
The victim is doing so because she believes the state’s laws protect offenders. In fact, it turns out that McKinley had been warned about his behavior in the past by former House Speaker Andrew Romanoff.
State law makes confidential any record of a sexual harassment complaint or investigation for any state employee, regardless of whether the complaint was substantiated.
We understand the spirit of the law — to a point. Obviously, if a complaint has no merit, it is better for all involved that it be kept under wraps.
Confidentiality for most state employees found guilty of sexual harasment is understandable. However, voters have a right to know if their representatives aren’t representing them professionally or are engaging in sleazy or intimidating conduct.
Moreover, a public reprimand may be far more of a deterrent to such behavior than private counseling.
The victim in this case has been accused of playing politics. Her complaint came after McKinley filed a since-dismissed ethics complaint against Nate Gorman, the victim’s friend. She denies such motivation.
Regardless, we think the law should be changed to provide some transparency when it comes to lawmakers being reprimanded.
