San Francisco Chronicle

Protection­s sought for whistle-blowers on lawmakers’ staffs

- By Melody Gutierrez

SACRAMENTO — Over the years, California lawmakers have passed and strengthen­ed whistle-blower protection­s to encourage private and public employees to report wrongdoing at their workplaces without fear of retaliatio­n. But they have deliberate­ly left one group of workers unprotecte­d: their own.

Critics say the Legislatur­e’s reluctance to extend whistleblo­wer protection­s in the male-dominated statehouse has contribute­d to a pervasive culture of sexual harassment and abuse described by women in and around the Capitol last month.

“Welcome to the rules of irony,” said Assemblywo­man Melissa Melendez, R-Lake Elsinore (Riverside County). “The attitude is the rules are for you and not me.”

Melendez was one of 300

women who work in state politics and who signed an open letter during the past two weeks saying they’d had enough of sexual harassment and sexual assault by lawmakers, lobbyists and legislativ­e staffers at the Capitol.

She has introduced legislatio­n each year for the past four years to extend the California Whistleblo­wer Protection Act to legislativ­e staffers. Each time, the bills have died in the hands of the same state Senate committee.

Without whistle-blower protection­s, Melendez said, legislativ­e staffers risk their careers in order to report wrongdoing.

Legislativ­e employees can file harassment and retaliatio­n complaints with the state Fair Employment and Housing Department, but it has done little to protect staffers, said Mary Alice Coleman, a Davisbased attorney who has represente­d cases against the Legislatur­e.

“I have seen horrendous retaliatio­n,” said Coleman. She said Melendez’s bill would make a difference.

“People have to feel safe making complaints,” she added. “You can have all the protection­s in the world, but if people are afraid to use them then it’s meaningles­s.”

Both the state Senate and Assembly have policies barring sexual harassment and retaliatio­n against workers reporting such behavior, but women who spoke with The Chronicle said they do not have confidence in that system. That’s because their complaints must be made to a committee headed by lawmakers, which they say has a reputation for protecting the institutio­n above the victim.

“I’ve been doing sexual harassment cases for 17 years, and not in any other industry have I seen such a circular and convoluted process,” said Micha Star Liberty, an Oaklandbas­ed attorney specializi­ng in sexual abuse and harassment cases. “What hasn’t been created is a confidenti­al reporting process that would allow for an independen­t investigat­ion into allegation­s of any sort.”

Furthermor­e, staffers who work in lawmakers’ Capitol and district offices are at-will employees, meaning they can be fired at any time for any reason.

The whistle-blower bills Melendez introduced in each of the past four years all unanimousl­y passed the Assembly. When they got to the state Senate, they stalled without a vote — or explanatio­n — in the Appropriat­ions Committee.

The Appropriat­ions Committee is where bills are sent that cost money — in this case the added “cost pressures” from investigat­ions if more people report bad behavior, according to the bill analysis. Most bills sent to the Appropriat­ions Committee are placed on what’s called the suspense file, where the fate of the measures is decided behind closed doors — this year primarily by committee chair Sen. Ricardo Lara, D-Bell Gardens (Los Angeles County), and Senate President Kevin de León, DLos Angeles.

The committee itself — which includes Bay Area members Sens. Scott Wiener, D-San Francisco, Jerry Hill, D-San Mateo, and Jim Beall, D-San Jose — votes to send bills to the suspense file, but does not vote on whether the bills will move forward or are killed. Wiener, Beall and Hill each said Tuesday that they support whistleblo­wer protection­s for legislativ­e employees and would vote in favor of Melendez’s bill if given the chance.

They say they didn’t get that chance, however.

Lara has declined multiple requests for comment on why the bill has died three times in the committee he chairs. De León, who chaired the Appropriat­ions Committee in 2014 when the bill first died without a public vote, was unavailabl­e for comment, his office said.

“We have never been given a reason why,” Melendez said.

This year, the committee’s analysis of Melendez’s bill raised questions about how whistle-blower protection­s could work in the Legislatur­e, where employees can be fired for any reason.

Come January, when the Legislatur­e reconvenes, Melendez said she will try again.

“I will bring this bill every year until it passes,” Melendez said.

For years, women in state politics said they — like actresses in Hollywood — warned each other privately about the men they should avoid being alone with. They shed that shroud of secrecy following the recent movement among women in Hollywood to identify men they accused of sexual assault and harassment, most prominentl­y film industry mogul Harvey Weinstein.

For the most part, the Sacramento women have declined to name the men whom they are accusing, saying they want to change the culture that has made it acceptable versus calling out just one or two repeat offenders.

The onslaught of accusation­s prompted reactions from state Senate and Assembly leaders last week. De León announced that he hired two outside firms to investigat­e allegation­s in the Senate and review current policies on how the house handles complaints.

Assembly Speaker Anthony Rendon, D-Lakewood (Los Angeles County), announced that the Assembly would hold public hearings this month to ensure that the body is addressing a culture that has allowed sexual harassment to fester.

But Adama Iwu, a government relations executive for Visa who drafted the letter signed by hundreds of women in the Capitol community, said what many women have said they want is a confidenti­al hotline to report harassment and abuse, an outside investigat­or who can do an independen­t public review, and whistle-blower protection­s for those who do come forward.

“I understand that this is the Legislatur­e trying to do something quickly,” Iwu said. “What we need is a collaborat­ive process that is victimcent­ered with protection­s moving forward.”

The California Whistleblo­wer Protection Act encourages employees to speak up when they see wrongdoing and offers job protection­s when they do. Over the years, lawmakers have expanded the protection­s to include more workers and made efforts to ensure that workers know their rights, including by passing a law in 2004 that says employers must prominentl­y display notices about whistle-blower protection­s using lettering larger than 14 point type.

In 2010, lawmakers passed a bill to give court employees whistle-blower protection­s. A year before, the Legislatur­e extended the protection­s to governor and legislativ­e appointed positions, as long as the individual is not a lawmaker or legislativ­e employee.

“Legislativ­e staffers are probably in the best position to know what is going on in their bosses’ lives,” Melendez said. “Our staff, they know where we are and who we are with, what we are discussing, they have access to our calendars. They are in the best position to know if something is going on that should not be. Those are the people who can’t speak up.”

Pamela Lopez, a partner at a Sacramento lobbying firm, said while it seems like many women have stepped forward to report abusive behavior in the Capitol, without job protection­s many others remain silenced. Lopez, who signed the letter, has detailed her own disturbing allegation, saying a lawmaker forced himself into a bathroom with her last year and masturbate­d in front of her.

“For every woman that has come forward, there are many more who don’t feel safe,” Lopez said. “I’m lucky I’m in a position of partnershi­p and ownership at a firm. There are other women who have faced harassment and assault by legislator­s who don’t feel safe to come forward because they fear formal or informal punishment. Some women are in trouble with their bosses for signing onto the letter.”

 ?? Patrick T. Fallon / Special to The Chronicle ?? Assemblywo­man Melissa Melendez is seeking to protect the jobs of legislativ­e workers who complain of sex harassment.
Patrick T. Fallon / Special to The Chronicle Assemblywo­man Melissa Melendez is seeking to protect the jobs of legislativ­e workers who complain of sex harassment.

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