Scandal leads to changes at state House of Representatives
In the wake of a sexual harassment scandal, state representatives will be required to complete training about the issue every year and to sign an anti-fraternization agreement every elected term.
House Speaker Charles McCall, R-Atoka, agreed Friday to impose those requirements on representatives for the first time.
McCall also agreed to make the House employment policy clearer “on the proper chain of command and authority between the House and its employees.”
A special House committee recommended the new requirements and policy update after completing an investigation that focused on complaints made about Rep. Dan Kirby, R-Tulsa.
The special committee on Thursday recommended Kirby be expelled for accepting and, at times, soliciting topless photos from legislative assistant Carol Johnson and for once taking her to a strip club.
The House is expected to vote on an expulsion motion Tuesday or Wednesday, unless Kirby resigns. Kirby, 58, is a real estate agent who was first elected in 2008.
The committee made the recommendations about training and the anti-fraternization agreement because Kirby
insisted his behavior toward Johnson was not sexual harassment. The committee reported Kirby claimed he had a close personal relationship with Johnson that involved talking about life’s problems, going out for drinks and at times kissing.
“Twice he referred to the relationship as ‘dating,’” the committee reported.
Johnson, 37, of Norman, was his legislative assistant in 2012, 2013 and 2016. She was reassigned last September to another representative after complaining about Kirby. She no longer works at the Capitol.
Kirby testified before the committee Jan. 27 behind closed doors.
“I vehemently deny that I ever sexually harassed her, forced her to send me pictures, coerced her or made her job duties as my assistant contingent upon anything outside the ordinary tasks of a legislative assistant,” he wrote in a statement also provided the committee. “In fact, the evidence is quite to the contrary.”
He did apologize for his poor judgment but wrote he was not aware of any rules of the Legislature or any civil or criminal laws that he violated.
“I was not a married man, she was not a married woman, and we were both mature, consenting adults,” he wrote.
Kirby called false the sexual harassment accusations made by another assistant against him in 2015.
Johnson claims Kirby began sexually harassing her when she first worked for him in 2012. Her attorneys said the harassment contributed to her decision to quit after the 2013 session.
Her attorneys said she went back to work for him in 2016 after he agreed to treat her professionally and with respect. They said Kirby had contacted her in November 2015 and suggested “the benefits provided by the state would be valuable to her, her family and particularly her chronically ill child.”
Her attorneys said Kirby in 2016 returned to his “old ways” and resumed asking for nude photos, particularly when she asked for time off. They said she reported his conduct when she was no longer able to deal with the shame.
The committee’s report included messages from Kirby that Johnson said were requests for nude photos.
“What about my motivation to do anything?” Kirby wrote in one message last March after Johnson sought to go home early on a Friday because her son was sick.
“I will motivate the hell out of you tonight if you say yes,” she responded.
“See you Monday!” Kirby wrote back. “See I am not a mean boss.”
Kirby told the committee he did not necessarily intend his message about motivation to mean a topless photo, according to the committee’s report.
The committee wrote in its report that contrary to Kirby’s position, a House member “should never solicit or receive inappropriate material from ... any ... House employee, no matter whether during business hours or after business hours, and no matter whether the House is in session, or out of session.”
The special committee Thursday also recommended Rep. Will Fourkiller, D-Stilwell, be barred from participating in the House high school page program for a year. The committee reported a female page in 2015 complained Fourkiller made comments to her that made her uncomfortable.
The committee investigated only complaints made about Kirby and Fourkiller but reported “these types of complaints are rare.”
The committee reported only two other complaints were filed against House members in the last five years.
“Both complaints were minor, were resolved by the House Human Resources Department and were against members who are no longer in the House,” the committee reported. “One ... was not even a member at the time of the complaint.”
The committee also reported it wanted to make clear that it is pleased with the current sexual harassment policies and procedures as well as with the House internal and outside attorneys.
“However, the committee believes that additional training, given to both staff and Members alike, would be beneficial,” the report stated.
“The committee also believes that the House’s employment policies and procedures should be fully reviewed to determine if updates or additions would be helpful going forward in maintaining the House’s ability to protect its employees and to even potentially enhance the work environment of the House in general.”