House Conduct Committee accepts investigative report but declines to find a Rule 27 violation for unwelcome speech or retaliation

The House Conduct Committee on Aug. 14 received an independent investigator's report into allegations that Representative Juncker read sexually explicit material on the House floor and later publicized a confidential letter from the Legislative Equity Office.

Cochair Mannix moved that the committee place investigator Keah Roberts's report into the record; members voted to accept the report.

The panel then addressed three component questions required under Legislative Branch Personnel Rule 27. On the first question'whether the respondent engaged in verbal conduct of a sexual nature during a March 17 reading'the committee voted in the affirmative. Cochair Mannix presented the motion, and the clerk recorded votes, including Representative Tran voting yes and Representative Deal voting no.

On the second component'whether the speech was "unwelcome"'the committee failed to reach a majority. Members who opposed that motion said they were constrained by constitutional protections for floor debate and existing decorum rules; members voting in favor cited the investigator's findings and the reported impact on staff. Because the committee did not find the speech unwelcome by majority vote, the harassment inquiry under Rule 27 did not advance to the final "hostile work environment" question.

The committee also considered whether Representative Juncker's public disclosure of a confidential letter from the Legislative Equity Office constituted retaliation. The motion that the release was retaliatory and that complainants were treated less favorably failed on a roll-call vote. Legislative Equity Officer Boring testified that she had hand-delivered the letter to Juncker in a sealed envelope to preserve confidentiality and explained the Office's referral timeline.

Throughout the session, members debated whether Rule 27 should apply to speech on the House floor. Some members argued the floor's unique role and Article IV, Section 9 of the Oregon Constitution provide added free-speech protections for legislators; others said Rule 27 covers conduct in the legislative workplace and that confidentiality and staff safety must be preserved to encourage reporting. Investigator Roberts described her role as making factual findings and assessing credibility; she said the witnesses she interviewed were found to be credible and noted the facts themselves were not in dispute.

After votes on the component questions, the chair and several members discussed the need to clarify Rule 27's scope and workplace definitions so future decisions are more consistent. The committee closed the hearing and did not adopt remedial measures at this session.

The committee concluded its meeting after members debated implications for staff safety, floor debate, and confidentiality protections.