Panel OKs new policy on Capitol harassment complaints

Plan would be ‘radical’ shift in Legislature’s handling of claims.

SACRAMENTO — Employees of the California Legislature will have a new way to register workplace harassment complaints against lawmakers, legislative staff, lobbyists and the public under a revamped policy approved by a key panel Monday.

The Joint Rules Committee, which governs both houses of the Legislature, approved recommendations that would significantly change how sexual harassment and other complaints are investigated and adjudicated. The overhaul was prompted by a string of sexual misconduct investigations that led to the resignation of several lawmakers.

Assemblywoman Laura Friedman (D-Glendale), who chaired the committee that created the proposal, said the plan was a “radical departure” from how the Legislature had handled internal complaints in the past.

The approved recommendations hew closely to the proposal rolled out earlier this month, which includes the creation of a unit within the Office of the Legislative Counsel to investigate and report on complaints. A panel of five subject-matter experts, such as specialists in employment law, would weigh in after a completed investigation to determine whether the complaint has been substantiated, and recommend a response.

There were a few tweaks to the draft proposal, such as requesting that the chief justice of the state Supreme Court appoint three of those panelists, while each house appoints one expert. Other additions include referring reports of potential criminal conduct to law enforcement and a requirement to inform the complainant about updates to the investigation process.

The new policy is expected to go into place on Feb. 1, 2019, or once the Office of Legislative Counsel, the Legislature’s legal office, creates the new investigatory unit. Diane Boyer-Vine, who leads that office, said that there would probably need to be changes in law to authorize that plan and that a bill to enable the unit’s creation is being drafted.

The policy now goes before the rules committee of each house, where it is expected to be approved.

The lead architects of the changes stressed that the procedure would continue to evolve over time.

“We’re not going to walk out of this meeting today being able to say we solved sexual harassment in the Legislature or even that we have the perfect policy in place,” Friedman said. “This is going to be an ongoing project.”

Some of the most prominent voices in battling sexual harassment in the Capitol — including the group We Said Enough, which formed last fall — said they were ready to work to make sure the new policies lead to culture change.

Pamela Lopez, a lobbyist who formed an anti-harassment organization called Work Equity after going public with a complaint against Assemblyman Matt Dababneh last year, praised what she called “excellent recommendations.”

“The devil is always in the implementation,” Lopez said.