State Senate hires new legal team to investigate claims against legislators

SACRAMENTO — The state Senate has hired a new legal team to investigate claims of sexual harassment. The group announced Thursday morning by Senate President Pro Tempore Kevin de León, D-Los Angeles, includes former U.S. Attorney Benjamin B. Wagner of the Eastern District of California.

The Senate also announced a 24-hour hotline for victims, as well as hearings on sexual misconduct set to begin Jan. 11. Meanwhile, de León said he has asked Sen. Tony Mendoza, D-Artesia, to take a leave of absence while the Senate investigates harassment allegations against him.

“The Senate is the first legislative body in the nation to pursue victim-centered reforms,” de León told reporters.

De León also said he had instructed investigators to look into allegations against Sen. Robert Hertzberg, D-Van Nuys.

A report published on a blog early Wednesday said a former female GOP lawmaker claimed Hertzberg had subjected her to unwanted and overly intimate hugs. The allegations were highlighted on social media by bail agents who oppose a Hertzberg bill that would eliminate money bail in California.

The Senate has hired two firms on a two-year contract to investigate allegations against senators and staff. This includes Gibson, Dunn & Crutcher LLP, where Wagner is a partner. Wagner was the U.S. attorney for the Eastern District from 2009 to 2016.

The other firm is Van Dermyden Maddux, a Sacramento firm that specializes in workplace and campus investigations, and has done work for the State Bar. The investigative team will be led by senior partner Deborah L. Maddux, a former counsel to the University of California and an attorney at the Fair Political Practices Commission.

All current and future investigations would be sent to the two firms to work on together, de León said. This includes current investigations that were being conducted by the Law Office of Amy Oppenheimer. The Senate hired Oppenheimer’s Sacramento-based firm in October to look into allegations against Mendoza and others.

The Senate leader declined to discuss the financial terms of the deal, saying those “are still being worked out.” Wagner said the deal was being crafted to be cost-effective for taxpayers.

The 24-hour hotline was established with assistance from WEAVE, a Sacramento-based nonprofit serving victims of domestic violence and sexual harassment. The California Coalition Against Sexual Assault will assist in developing new materials and training to help stem sexual harassment and assault.

De León declined to say whether the Senate would waive attorney-client privilege for the work done by the legal team. He said the names of accused senators and staff would be released at some point after complaints were made, while the names of those making the accusations would be protected.

This was a key point of contention for critics of the Legislature’s response. Past settlement agreements by staffers alleging sexual harassment have included the names of victims — often later published in media reports — but not those of alleged perpetrators.

“We view ourselves as neutrals,” Maddux said. “We represent the facts and our job is to do a neutral investigation.”

The developments got a tepid response from members of the #WeSaidEnough campaign. This group started in October after more than 140 women working in and around the Capitol signed a letter detailing their own experiences with sexual harassment.

“It’s gratifying that there is finally going to be a hotline, 60 days later,” said lobbyist Adama Iwu, co-founder and president of #WeSaidEnough. “We totally support WEAVE, it’s a fantastic organization.”

But she said the plan was still short on details, such as when records of previous investigations may be released or how the investigations will work.

“If we want to move past this Twitter justice moment and this name-and-shame moment, we need to have a process that is transparent that the community can have trust in,” Iwu said.

During the press conference, de León said Hertzberg’s case had been referred to the investigators. He contrasted it with the “serious” charges against Mendoza and said he was not prepared to ask “any other senator” to take a leave of absence pending an investigation.

“Harassment allegations where the victim is an employee or there is a significant power disparity, or a pattern of behavior despite having been warned, are grave concerns to me,” de León said.

Iwu declined to comment on Hertzberg. But #WeSaidEnough’s Twitter account did send a response to de León’s comments: “Peer-to-peer harassment is still unacceptable. Titles alone don’t dictate power differentials.”

A Hertzberg spokesperson said Wednesday that he does not remember the incidents that led former Assemblywoman Linda Halderman to allege improper behavior to Katy Grimes, a writer for the Flash Report, a conservative blog. Halderman, who served from 2010 to 2012, said she reported the incidents to then-Assembly Chief Administrator Jon Waldie, but was rebuffed.