Misconduct at state Capitol detailed
Lawmakers release reports on complaints investigated since 2006
SACRAMENTO — The state Senate and Assembly released a cache of documents Friday revealing 20 substantiated complaints of sexual harassment or inappropriate behavior against lawmakers or high-level legislative staffers over the past 12 years.
The nearly 100 pages of documents include cases six current and former elected officials: Republican gubernatorial candidate Travis Allen, an Assemblyman from Huntington Beach (Orange County); Assemblywoman Autumn Burke, D-Inglewood (Los Angeles County); Sen. Bob Hertzberg, D-Van Nuys; former Assemblyman Raul Bocanegra, D-San Fernando Valley (Los Angeles County); former Sen. Roderick Wright, D-Inglewood; and suspended Sen. Tony Mendoza, D-Artesia (Los Angeles County).
Bocanegra resigned in November after allegations of sexual harassment, while Mendoza remains suspended pending the outcome of an investigation into allegations of sexual misconduct.
The heavily redacted documents were released Friday after news organizations challenged the Legislature’s refusal to allow the public to scrutiagainst nize them. While additional claims against lawmakers may have been made, each house said it disclosed only documents involving substantiated sexual harassment claims against lawmakers and highlevel employees where “discipline has been imposed or allegations have been determined to be well-founded.”
The 20 cases between Jan. 1, 2006, and Dec. 31, 2017, reflect
a period in the Legislature when employees said they did not feel comfortable coming forward with complaints about sexual misconduct, particularly because they are exempt from whistle-blower protections. The Senate passed a bill Thursday to provide those protections after years of failed attempts. The bill awaits action in the Assembly.
Among those named are the following:
Travis Allen
The assemblyman was found to have routinely gotten “unnecessarily close” to one female staffer in 2013, including sitting close to her while sliding his foot to touch hers. That staffer said another woman in their office said Allen held onto her hand after a handshake while he “petted it.”
Allen told an Assembly staffer investigating the incidents that “he could not recall a time when he might have been too familiar with staff, but did recall times when two women outside became overly friendly with him” while at an event.
Assembly staff counseled Allen to “to be very conscious of his conduct.” Allen denied any wrongdoing Friday, calling the release of the complaint “a political attack by a Democratled committee.”
“I’m sure I’ve shaken many people’s hands, tapped many people on the shoulder, and have even tapped people’s feet accidentally,” Allen said in a statement. “But there has never been anything in any of my actions that has been inappropriate, and nor will there ever be.”
Autumn Burke
Last year, legislative staff found that Burke, an assemblywoman, took part in an inappropriate workplace conversation with Capitol staffers about anal sex. Three other unfounded allegations were redacted in the documents released. Burke was warned to “maintain a professional environment.”
On Friday, Burke released a statement about the case.
“This claim involved an after-hours conversation in which my staff member shared a personal story about his experiences as a young gay man with me and a group of co-workers,” Burke said. “The claim was filed by a disgruntled former staff member who participated in the conversation. When this claim was brought to my attention, I took full responsibility for my part.”
Raul Bocanegra
The case involving Bocanegra occurred in 2009 when he was a legislative aide. Bocanegra was suspended three days without pay for unwanted physical contact, inappropriate and unwanted verbal remarks.
He went on to win a seat in the Assembly three years later and resigned in November after several women came forward to accuse him of unwanted touching or advances.
Bob Hertzberg
In 2015, legislative staff looked into a complaint from a female staffer who said she walked into Hertzberg’s office when “the Senator pulled the employee close to him and began to dance and sing a song to her. This interaction was uncomfortable and unwelcome by the staffer in the office,” according to the records.
Hertzberg was warned that he was making staff uncomfortable and that “the behavior should not be repeated.”
He released a statement Friday: “This instance, a settled matter from several years ago, involves a single occurrence with a family member of someone I knew, and I'm sorry to her and anyone else who may have ever felt my hugs unwelcome.”
Hertzberg is currently under investigation in the Senate after an allegation made in December by former Assemblywoman Linda Halderman, a Republican from Fresno who told the Sacramento Bee that Hertzberg thrust his groin into her during a hug eight years ago and that it was one of many hugs from him she said crossed the line.
Tony Mendoza
In 2009, then-Assemblyman Mendoza made a subordinate uncomfortable with texts she perceived as flirtation, invitations to one-on-one lunches and dinners and hugs. Mendoza was told to avoid the behavior.
Now a senator, Mendoza is under investigation for allegations that he repeatedly invited a young fellow to his home and to stay with him in a hotel for an event. Mendoza denies any wrongdoing and remains suspended.
Roderick Wright
Documents show that the former senator was found in 2009 to have engaged in vulgar language and a profanity-laced outburst that led to a $120,000 settlement with an employee.
Wright was given a “strongly-worded admonishment.” He resigned from the Senate in 2014 after he was convicted of perjury for lying about his legal residence in order to run for office.
The documents released Friday also detail allegations involving high-level Legislative staff members, including:
Jim Davit
Davit, a special services supervisor, was demoted after a 2009 investigation found he perused pornographic websites while also sending and receiving sexually explicit images on his Assembly computer. Investigators also concluded he called subordinates obscene names and used profanity on the job.
He was given a two-week suspension and was required to participate in counseling and anti-sexual-harassment training.
Elizabeth Nan Rider
Rider, identified as a district director, was accused in 2009 of creating a hostile working environment, making sexually explicit jokes and talking about her own and others’ sex lives.
An investigation substantiated the allegations, and she was fired.
Eric Worthen
Worthen, a former legislative director for former senator and convicted felon Leland Yee, a San Francisco Democrat, was accused of bragging about his penis size and accusing a female staffer of sleeping with her boss in an attempt to devalue her work. Worthen was fired in June of 2011, but was then appointed in September of 2011 by Gov. Jerry Brown as assistant deputy secretary for administration at the California Department of Veterans Affairs. Evan Westrup, the governor’s spokesman, said the governor was unaware of the complaint when he appointed Worthen. Worthen was indicted in a bribery case that grew out of the probe that took down his former boss Yee.
The Senate and Assembly have been grappling with how to handle an onslaught of accusations against lawmakers. Two lawmakers — Bocanegra and Matt Dababneh, D-Encino (Los Angeles County) — resigned late last year. Both denied wrongdoing.
Assemblywoman Cristina Garcia, D-Bell Gardens (Los Angeles County), and Sen. Connie Leyva, D-Chino (San Bernardino County), of the Legislative Women’s Caucus, applauded the release of records.
“We appreciate legislative leadership’s commitment to publicly release the outcomes of these sexual harassment and misconduct investigations so that we can ensure transparency,” Garcia and Leyva said in a joint statement. “With this information comes the ability to act and uphold the zero tolerance policies of both the Senate and Assembly that have not always been followed.”
We Said Enough, the group that spurred the Capitol movement to reform sexual harassment policies, said releasing documents presented an opportunity for the Legislature to regain the public’s trust.
“However, this effort falls dramatically short of a comprehensive or transparent release of information,” the group said in a statement, arguing that the process for substantiating claims is subjective and therefore all claims should be released.
“This selective release of data related only to certain individuals serves only to further erode the trust that so many victims and survivors hope to rebuild,” the group said.