Monday, November 27, 2017

Sexual Misconduct: Washington's Dirty Secret

After months of lurid coverage of sexual misconduct in Hollywood, the news media is training its sights on allegations involving politicians.  With each new revelation, Washington's political class has harrumphed in outrage at the media's reports about scandalous behavior in the swamp.

A cynic would call the politicians' moral indignation hypocrisy. While many in Congress condemn those accused of sexual misbehavior, they secretly participate in a sham that shields Washington's lawmakers from accountability.

In the days since the The Washington Post's politically-charged recounting of sexual allegations against senate candidate Roy Moore, a troubling disclosure has oozed from the halls of Congress. There exists a hush-hush slush fund to settle sexual violations against Washington lawmakers.

When the story broke, legislators scrambled for cover.  Everyone in Washington developed amnesia.  Current House Speaker Paul Ryan could not remember any details of sexual harassment settlements.  Nancy Pelosi was dumbfounded, unfortunately a permanent condition for the former speaker.

Perhaps, their memories could use refreshing.  In 1995, the House and Senate near unanimously approved The Congressional Accountability Act. It passed 429-0 in the House and the Senate voted 98-1 with one member not present.  It was subsequently signed into law by President Bill Clinton.

The legislation was designed to exempt Congress from some laws. For instance, the House and Senate may consider party affiliation and political compatibility when hiring. Your elected representatives decided they weren't going to follow some rules forced on American businesses.

Under the legislation, there was a special Treasury fund established to pay for settlements against legislators, including those involving sexual misconduct. Guess who funds the kitty?  The legislators certainly weren't going to dip into their own pockets.  Taxpayers pick up the scummy tab.

A few weeks ago the once-obscure Congressional Office of Compliance (OCC) was embarrassed into issuing a report showing it has shelled out more than $17 million from the hush-slush fund since 1997.  According to the OCC, the payments covered an unspecified 264 settlements.

The OCC, governed by a five-member board of directors, is nothing more than an extension of Congress.  Its directors are appointed by the leadership of the House and Senate.  Current board members include five private attorneys with experience in labor law.

The board appoints a four-member executive staff served by 13 professionals on the government payroll.  There is one vacancy at this time if you are inclined to land a job in Washington covering up for lawmakers.

On its website, the OCC states its purpose is "advancing workplace rights, safety and health, and accessibility in the legislative branch." How does paying a settlement advance anything? A few in Congress are now chiding the office for inadequately protecting victims who filed complaints.

When something stinks in Washington, it usually means political skunks are hiding something. There should be a bipartisan clamor for the OCC to release all documents and relevant details about payments, including those for sexual misconduct.  The public has a right to know.

However, the OCC's charter provides all settlements must remain confidential.  That cloaks the nature of the violation in secrecy and conceals the name of the member of the House or Senate who violated the rules established under the Congressional Accountability Act.

California Democrat Rep. Jackie Speier introduced a bill last week that would overhaul sexual harassment policies on Capitol Hill.  According to the House member, the legislation would require more transparency and additional support for victims.  That would be a good start.

But more needs to be done.  Congress should adopt a new accountability act that mandates that every lawmaker must abide by federal laws involving hiring, sexual misconduct, discrimination and other rules.  The accused lawmaker not taxpayers should be forced to pay for any settlement.

In addition, the new law should require complete transparency, mandating that a report be issued annually listing those on the Congressional payroll who were found guilty of any transgression that resulted in a settlement.

Don't hold your breadth waiting for that to happen.  Rumors are rampant about female lawmakers revealing more allegations against sitting members of Congress.  Those same pious politicians wagging their fingers in disgust at current allegations may have the finger pointed in their direction.

The Congressional Accountability Law is a fraud.  Everyone in Congress knows it.  Now that it has been exposed as a hoax, voters should demand that it be replaced with legislation that restores the rule of law for all citizens, including those slimy parasites who swim in the swamp.

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