Complaint Opinion 03-05
Date
08/21/2003
Number
03-05
Topic
Workplace speech - email
Respondent
Drennan, Honkompf
Question/Complaint
Did the respondents use of the legislative e-mail system to send and receive e-mails between them which contained language described in the complaint as "vulgar and obscene," constitute reasonable cause to believe there has been a violation of Rule 3 of the Legislative Ethics Act?
Summary
No. the Board concluded the e-mails were inappropriate and ill-advised but that Board Rule 3 does not condemn "bad words," whatever those may be in someone's opinion. The Board is reluctant to assume the role as the judge of the content of speech in the workplace. Primary responsibility for discipline should reside with the employer. The Board would consider amendments to Rule 3 if there is further evidence that this type of e-mail use was continuing unabated in either house of the legislature. Complaint is dismissed for lack of reasonable cause.