State senator resigns, legal action continues

SACRAMENTO -- Sen. Tony Mendoza, D-Artesia, resigned on Thursday rather than face a vote that could have resulted in his expulsion from the state Senate over allegations of sexual harassment.

While the move would appear to mark a victory for those speaking out about harassment in the Capitol, it also ended the one significant test so far of the Legislature's new legal policies put in place in response to the #WeSaidEnough movement.

While two previously accused lawmakers quickly resigned, Mendoza fought the allegations against him at every step. He sued the Senate last week in Sacramento County Superior Court over his treatment during the probe and has opened a legal defense fund. Mendoza v. California State Senate, 00227171 (Sacramento Super. Ct., filed Feb. 15, 2018). A political spokesman for Mendoza said they were "exploring options" related to the pending lawsuit. Other legal actions are going forward. Mendoza's former legislative director filed a complaint with the state Department of Fair Employment and Housing last month, alleging she was fired last year for reporting Mendoza's harassment of a Senate fellow assigned to the office.

Meanwhile, a staffer fired by Assemblywoman Cristina Garcia, D-Bell Gardens, in 2014 has filed a retaliation claim with the Department of Fair Employment and Housing. Such a claim is often a prelude to a lawsuit.

Garcia is on voluntary unpaid leave while the Legislature looks into claims she groped men and maintained an alcohol-fueled office environment. Garcia has strongly denied the claims.

Meanwhile, a Senate investigation into Sen. Robert Hertzberg, D-Van Nuys, has been completed, but the results have not been released. Hertzberg, who has faced complaints of unwanted hugs, has denied engaging in improper behavior.

So are the new processes working? Reviews are mixed.

"It's an improvement in that they have some outside entities looking into the purported facts," said employment attorney Mary-Alice Coleman.

Coleman was referring to an official Senate investigation into Mendoza carried out by a pair of law firms, Gibson Dunn & Crutcher LLP and Van Dermyden Maddux. The Senate released a four-page summary on Tuesday stating Mendoza "more likely than not" made unwanted advances toward six women.

This includes four women who worked for him at the time, including a young intern and a Senate fellow. But the investigation also found Mendoza did not engage in retaliation when he fired three staffers in September.

The principal with the Law Offices of Mary-Alice Coleman in Davis has filed several personnel lawsuits against the Legislature and other California state agencies in recent years, some of which have involved allegations of sexual harassment.

She noted than in one of her previous cases, the Senate investigated a claim by one her clients -- and then fired her client, leading to litigation.

"My previous experience was that one person was the judge, jury and executioner," Coleman said.

Others have criticized the Senate for releasing a short summary rather than the full investigation results.

"It's hard to distill much from a four-page summary," said Craig A. Morgan, a partner with Sherman & Howard in Phoenix.

Morgan produced an 82-page investigation that led the Arizona House of Representatives to expel Rep. Don Shooter, R-Yuma, earlier this month. Morgan called on California lawmakers to "show your work."

"I just don't see how the public can have any confidence in a process you can barely understand," Morgan added. "I didn't see anywhere in those four pages: 'Here are the policies in play; here are the processes in play.'"