Los Angeles Times

Assemblywo­man to face ‘remedial action’

Cristina Garcia was ‘overly familiar’ with a state employee in 2014, a report finds.

- By Patrick McGreevy patrick.mcgreevy @latimes.com Twitter: @mcgreevy99

SACRAMENTO — Assemblywo­man Cristina Garcia (D-Bell Gardens) was “overly familiar” with a state employee during a 2014 legislativ­e softball game, in violation of the Assembly’s sexual harassment policy, according to an investigat­ive report made public Wednesday.

Other allegation­s made by Assembly aide Daniel Fierro, including accusation­s that Garcia touched his genitals and that she retaliated against him after he sought a consultant contract with a school district, were not substantia­ted by the investigat­ion.

Investigat­ors found “the prepondera­nce of the evidence supported a finding that Assemblyme­mber Cristina Garcia, while in a state of inebriatio­n, encountere­d Mr. Fierro in the dugout of the 2014 legislativ­e softball game, grabbed his arm for support, put her hand on his back, and was overly familiar with him in a way that she would not have been had she been sober,” said a letter from John T. Kennedy, a private attorney whose law firm represente­d the Assembly during the investigat­ion.

The investigat­ion was conducted by private attorney Amy Oppenheime­r.

“However, a prepondera­nce of the evidence did not support findings that Assemblyme­mber Cristina Garcia touched Mr. Fierro on his buttock or genitals, or that this was a sexual encounter,” Kennedy added.

As a result of the findings, he added, “appropriat­e remedial action designed to prevent future similar conduct by Assemblyme­mber Cristina Garcia will be imposed.”

The state last month rejected a $1-million legal claim for damages by Fierro that alleged Garcia retaliated against him for accusing her of harassment. A legal claim is required to be submitted before a lawsuit can be filed against the state.

“It’s appalling that the Assembly would take it upon itself to substantia­te the substance of the complaint and then decide for itself what is sexual in nature and what is not,” Fierro said Wednesday. “This is a blow to victims’ rights.”

The latest findings are a follow-up to an initial investigat­ion that concluded Garcia had “commonly and pervasivel­y” used vulgar language. The original investigat­ion also found that Garcia asked staff to run personal errands and that she had “disparaged other elected officials.”

The new report was issued after additional witnesses were interviewe­d.

Garcia, who before Fierro’s allegation­s was a leader of the #MeToo movement in Sacramento against sexual harassment, issued a statement Wednesday that said she is “pleased” that the investigat­ion has concluded, though she disagrees with the previous findings that led to her being removed from legislativ­e committees.

“I again apologize if language I used in the past made anyone feel uncomforta­ble,” Garcia said. “I look forward to continuing to serve my constituen­ts as an advocate for good government, environmen­tal justice, and on women’s issues.”

Garcia was reelected Nov. 6 to her fourth two-year term, receiving 70% of the vote after a challenge from Republican Mike Simpfender­fer.

She is one of several state officials to be caught up in allegation­s of sexual misconduct in the last year, with resignatio­ns submitted by Democratic Assemblyme­n Raul Bocanegra and Matt Dababneh and state Sen. Tony Mendoza.

With the Legislatur­e set to begin the new session Monday, it remains unclear whether Garcia will be able to resume her membership in Assembly committees from which she was temporaril­y removed by Assembly Speaker Anthony Rendon earlier this year.

“It has not yet been determined what action will be taken in regard to her committee assignment­s,” Kevin Liao, a spokesman for Rendon, said Friday.

Members who are removed from committees are relegated to voting on bills when they come to the floor.

As for the “remedial action” ordered last week in a letter from Rendon, Liao noted that when an initial investigat­ion was concluded in May, the speaker required Garcia to complete sensitivit­y training conducted by an outside expert, participat­e in sessions with an employee assistance program counselor and receive individual training on the Assembly’s existing sexual harassment and violence prevention policy.

The letter last week “says additional remedial action may be taken; those exact actions have not been determined,” Liao added.

 ?? Photograph­s by Rich Pedroncell­i Associated Press ?? PROTESTERS at the Assembly Gallery in May call on Assemblywo­man Cristina Garcia to step down.
Photograph­s by Rich Pedroncell­i Associated Press PROTESTERS at the Assembly Gallery in May call on Assemblywo­man Cristina Garcia to step down.
 ??  ?? THE OTHER allegation­s against Garcia, center, including that she had touched an Assembly aide’s genitals, were not substantia­ted by an investigat­ion.
THE OTHER allegation­s against Garcia, center, including that she had touched an Assembly aide’s genitals, were not substantia­ted by an investigat­ion.

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