San Francisco Chronicle

#MeToo gets a key bill unstuck

State Capitol whistle-blower plan is revived

- By Melody Gutierrez

SACRAMENTO — In each of the past four years, a Senate committee inexplicab­ly killed a bill to provide whistle-blower protection­s to legislativ­e employees. Now the revived bill is one of the most popular in the Legislatur­e, with more than half the lawmakers signing on as co-authors as it heads to the full Senate for a critical vote Thursday.

That’s the power of the #MeToo movement, said bill author Assemblywo­man Melissa Melendez, a Republican from Lake Elsinore in Riverside County. As the Legislatur­e looks at how it can protect its employees from sexual harassment and abuse, many women have pointed to Melendez’s long-stalled bills to provide anti-retaliatio­n protection­s as the answer.

AB403 was released from legislativ­e limbo this month after the Senate Appropriat­ions Committee that held it up each year forwarded it to the Senate floor for a vote Thursday. The bill says, “Legislativ­e employees should be free to report legal and ethical violations without fear of retributio­n.” The protection­s in the

bill would also cover volunteers, interns, fellows and those applying for a job in the Legislatur­e.

Under the legislatio­n, anyone who intentiona­lly retaliates against a whistle-blower in the Legislatur­e could be fined up to $10,000 and jailed for up to a year, and could be sued by the whistle-blower in civil court. The protection­s are similar to what lawmakers passed for all other state employees — including judicial and executive branch staffers — under the California Whistleblo­wer Protection Act.

Melendez introduced whistle-blower bills in 2017, 2016, 2015 and 2014. All four bills unanimousl­y passed in the Assembly. When they reached the Senate, however, they stalled without a vote — or an explanatio­n — in the Appropriat­ions Committee. That Senate committee handles bills that cost money, with the whistle-blower bill sent there because of added “cost pressures” from investigat­ions if more people report bad behavior, according to the bill analysis.

Like most bills sent to the Appropriat­ions Committee, the bill was placed in what’s called a suspense file, where the decision on whether it proceeds or dies is made behind closed doors without a public vote. The decision is primarily left up to the committee chair, Sen. Ricardo Lara, D-Bell Gardens (Los Angeles County), and Senate President Pro Tem Kevin de León, D-Los Angeles.

Lara, who has previously declined to comment on why he sat on the bill, said in a statement Wednesday that he thought the Senate’s own protection­s and zero-tolerance policies were enough to protect employees.

“But clearly we need to do more,” Lara said, adding that he will vote in favor of the bill Thursday.

De León, who’s running against U.S. Sen. Dianne Feinstein for her seat, initially did not say why the bills were stalled. But in recent months as the #MeToo movement gained momentum, he said that whistle-blower protection­s are “necessary to strengthen safeguards” for legislativ­e employees. He moved the bill out of the Appropriat­ions Committee this month in order to prompt Thursday’s vote by the Senate. De León’s staff said he will support AB403.

Melendez even beefed up the bill by adding an urgency clause so that it would take effect immediatel­y.

“When you think about how long women have waited for some kind of protection­s, this is long past due,” Melendez said. “We don’t want women to have to wait any longer.”

Melendez said without the whistle-blower protection­s that all other state employees have, misdeeds in the statehouse have been allowed to fester. In October, amid a national outcry deemed the #MeToo movement, women in and around the Capitol began to come forward with their own stories of sexual harassment and abuse.

Lobbyist Adama Iwu, who wrote a letter signed by nearly 140 women in politics in October, said that part of the issue that drove women to talk in a whisper network instead of filing reports was a feeling that the Legislatur­e did not protect those who came forward, particular­ly at-will legislativ­e employees who could be fired for any reason.

Whistle-blower protection­s, she said, are “critically important.” So is the urgency clause added to the bill, she said.

With the urgency clause, the bill would take effect immediatel­y if approved by the Legislatur­e and signed by Gov. Jerry Brown, whereas most bills become law Jan. 1. If the bill passes the Senate on Thursday as expected, it could be voted on in the Assembly as early as Monday. Melendez said the plan would be to immediatel­y send it to Brown.

“We have various investigat­ions going on, and no one wants to talk unless there are protection­s in place,” Iwu said. “We’ve waited long enough.”

But, the urgency provision also increases the number of votes needed for it to pass.

AB403 will need two-thirds of the Senate and Assembly to approve it, a hurdle that would have seemed daunting prior to the attention on sexual harassment in the Capitol.

Melendez said she’s optimistic given the reckoning around sexual harassment and abuse across the country.

In the Capitol, two lawmakers — Assemblyme­n Raul Bocanegra, D-San Fernando Valley (Los Angeles County), and Matt Dababneh, D-Encino (Los Angeles County), resigned late last year following allegation­s of sexual harassment and abuse. A third lawmaker, Sen. Tony Mendoza, D-Artesia (Los Angeles County), was suspended while an investigat­ion into sexual harassment allegation­s against him is completed. All three, including Mendoza, a former roommate of de León’s, deny wrongdoing.

De León and Assembly Speaker Anthony Rendon, D-Paramount (Los Angeles County), are working together through a joint committee on new sexual harassment and investigat­ion policies that protect staffers and others who work in the building. That committee held its first hearing Jan. 24, promising a comprehens­ive review of how the Legislatur­e can improve, but saying such change will not come overnight.

Melendez said while those policies are being crafted, her bill will move the Capitol forward in a significan­t way.

“This is a good starting point,” Melendez said. “At the very least you need to give the protection­s in order for people to talk. That will help craft how changes are made.”

 ?? Patrick T. Fallon / Special to The Chronicle 2017 ?? Republican Assemblywo­man Melissa Melendez authored a whistle-blower protection bill every year for four previous years — and every year it died in a Senate committee.
Patrick T. Fallon / Special to The Chronicle 2017 Republican Assemblywo­man Melissa Melendez authored a whistle-blower protection bill every year for four previous years — and every year it died in a Senate committee.

Newspapers in English

Newspapers from United States