Lawmaker facing investigation will not take leave
SACRAMENTO — Defying pressure from legislative leadership, state Sen. Tony Mendoza (D-Artesia) refused Thursday to take a paid leave of absence until an investigation into sexual harassment allegations against him is concluded early next year.
Also Thursday, State Sen. Bob Hertzberg (D-Van Nuys) said he would cooperate with a state investigation into complaints from a former legislator that she was uncomfortable with his repeated hugs after she asked him not to touch her.
Mendoza and Hertzberg have denied allegations of wrongdoing. Former aides to Mendoza have alleged he treated three female aides inappropriately, inviting them to hotel stays and asking one to visit his home to work on her resume.
“I am very disappointed that certain Senate Rules Committee members are apparently asking me to take a leave of absence or resign before any investigation has even begun and without giving me an opportunity to defend myself,” Mendoza said in a statement. “This is contrary to the very concept of due process which is a pillar of our American system of fairness and judicial prudence. These actions bypass any process in a rush to judgement.”
Senate leader Kevin de León earlier Thursday had called on Mendoza to take a leave of absence.
“Given the severity of the allegations against Sen. Mendoza I do not believe he can perform the duties in Sacramento right now while the investigation is being conducted,” De León told reporters in his Capitol office. “I believe it’s the right thing to do; it’s the fair thing to do.”
Mendoza had previously been stripped of his leadership positions, including chairmanship of the Senate’s committee on banking and insurance.
The Senate could vote to suspend Mendoza without pay. De León said earlier that was not part of the discussions he had with his colleague.
De León, a Democrat from Los Angeles who had been Mendoza’s roommate before the allegations were made public, said he made the suggestion to Mendoza in a meeting Thursday morning.
Mendoza questioned statements urging him to step down, saying they leave him concerned about the fairness of the investigation. He also said he has been disappointed that he has been told he cannot publicly address the allegations.
“I was not appointed to the position I hold but was elected by the voters in my district,” he said. “I am grateful to the voters in my district and thank them for their trust and their continued support. The Senate owes them an opportunity to hear the truth. I assure them that I will vigorously defend myself to clear my name.”
Meanwhile, Republican state Sen. Andy Vidak of Hanford said Thursday he has drafted a resolution to expel Mendoza from the Senate in January.
“Many of us have been waiting for Sen. Mendoza to do the right thing and resign, but that has not happened,” Vidak said. “The Senate Democrat leadership has failed in their responsibility to request that Mendoza resign.”