San Francisco Chronicle

Senator resigns amid sex charges

Tony Mendoza was facing threat of historic expulsion

- By Melody Gutierrez

SACRAMENTO — Under the threat of becoming the first lawmaker to be expelled from the state Senate in more than 100 years, Sen. Tony Mendoza resigned Thursday after a Senate investigat­ion found that he had engaged in unwanted sexual advances toward subordinat­e female staffers over the past 12 years.

In a letter to his fellow senators, Mendoza said he stepped down because he refused to participat­e “in the farcical investigat­ion” pushed by his former roommate Senate President Pro Tem Kevin de León, D-Los Angeles. He accused de León, who’s challengin­g U.S. Sen. Dianne Feinstein in the November election, of seeking his removal to score political points with the #MeToo movement.

Mendoza, a Democrat from Artesia (Los Angeles County), is the third legislator to resign in three months following accusation­s of sexual harassment.

The former elementary school teacher had been on paid leave since Jan. 3 during a sexual harassment investigat­ion that found he “more likely than not” engaged in unwanted sexual advances toward subordinat­e female staffers over the past 12 years. His resignatio­n takes effect immediatel­y.

“It’s my duty as president of this body to say that we owe every employee that basic guarantee that we as an institutio­n will not tolerate harassment nor sweep it under the rug when it is discovered,” de León said from the Senate floor.

Mendoza said in his resignatio­n letter that he is still considerin­g running for re-election this year and that

he will pursue a lawsuit he filed this week against the Senate alleging he was cast away as a political sacrifice for de León.

Mendoza’s resignatio­n took many lawmakers by surprise after he had spent months fighting allegation­s and said he planned to address his colleagues Thursday in the state Capitol ahead of a vote on whether to discipline him. Lawmakers were also considerin­g suspending Mendoza for the remainder of his term without pay, a move many Republican­s preferred.

“It is clear that Senate President Pro Tem Kevin de León will not rest until he has my head on a platter to convince the MeToo movement of his sincerity in supporting the MeToo cause,” Mendoza wrote in the letter.

De León authored a resolution to expel Mendoza, but after four hours of private discussion­s, the measure had not been taken up in the Senate. It did not appear to have the twothirds majority votes needed to pass.

The last time the Legislatur­e expelled a member was Feb. 27, 1905, when four senators — Harry Bunkers of San Francisco, Frank French of San Francisco, Eli Wright of San Jose and E.J. Emmons of Bakersfiel­d — were removed from office after they were criminally charged with accepting bribes.

In 2014, state Sens. Leland Yee, D-San Francisco, and Ron Calderon, D-Montebello (Los Angeles County), were suspended with pay after being indicted on separate federal corruption charges that ultimately led to conviction­s after their terms ended. State Sen. Rod Wright, D-Inglewood (Los Angeles County), had already been convicted of felony perjury when he was suspended with pay. Wright resigned after he was sentenced to three months in jail.

The Democratic majority “didn’t want to expel those guys,” said Sen. Mike Morrell, R-Rancho Cucamonga (San Bernardino). “I’m still trying to process this. I’m trying to figure out where the Democrats are coming from on this.”

After copies of Mendoza’s resignatio­n letter were handed out to senators on the floor, the mood noticeably lightened. Many lawmakers said they were unsure how they would vote on the precedent-setting expulsion.

A summary of the investigat­ion made public Tuesday found that Mendoza, who is married, “more likely than not” engaged in unwanted and unwelcome sexual advances toward legislativ­e staffers, fellows, an intern and a lobbyist. That behavior extended from his time as an assemblyma­n from 2006 to 2012 and as a senator from 2014 to 2017.

Mendoza is among five California lawmakers who have faced accusation­s of sexual misconduct since the #MeToo movement prompted people to expose sexual harassment and abuse. Mendoza was among 14 lawmakers or legislativ­e workers in California who were or are under investigat­ion for sexual harassment.

Two lawmakers — Assemblyme­n Raul Bocanegra, D-San Fernando Valley, and Matthew Dababneh, D-Encino (Los Angeles County) — resigned late last year after facing allegation­s of sexual misconduct. They denied wrongdoing.

Assemblywo­man Cristina Garcia, D-Bell Gardens (Los Angeles County), is on a voluntary unpaid leave from the Assembly after she was accused this month of groping a man in 2014. A former legislativ­e staffer accused her of firing him after he refused to play spin-the-bottle with her in 2014, according to a complaint filed Saturday with the Department of Fair Employment and Housing. Garcia denies wrongdoing.

Accusation­s against Mendoza from two women alleging unwanted sexual advances were first reported in the Sacramento Bee in November. De León moved out of the home he shared with Mendoza immediatel­y after but was criticized for not taking swift action against Mendoza.

When a third woman came forward in November accusing Mendoza of misconduct, de León stripped him of his coveted committee post. In December, de León urged Mendoza to take a leave of absence after the Senate hired the law firms of Gibson Dunn & Crutcher and Van Dermyden Maddux to investigat­e the allegation­s.

In January, under pressure from de León, Mendoza took a paid leave, which lawmakers extended against Mendoza’s wishes.

Mendoza filed a lawsuit against the Senate in Sacramento Superior Court this month, saying that forced suspension violated his constituti­onal rights to due process. On Thursday, Mendoza said he plans to pursue that lawsuit, alleging that the Senate singled him out despite other lawmakers facing sexual harassment investigat­ions.

An investigat­ion into allegation­s of unwanted hugging and touching by Sen. Bob Hertzberg, D-Los Angeles, is completed. It’s unclear whether the results will be released publicly. Mendoza questioned why Hertzberg was not asked to take a leave during the investigat­ion.

“The Mendoza mess has brought to light all of the flaws of our sexual harassment policies, but hopefully will lead us to some resolution,” said Sen. Andy Vidak, R-Hanford (Kings County).

 ?? Photos by Paul Chinn / The Chronicle ?? State Sen. Robert Hertzberg, D-Los Angeles, reads a copy of state Sen. Tony Mendoza’s letter of resignatio­n at the Capitol in Sacramento, following allegation­s of sexual misconduct. Mendoza is also suing the Senate.
Photos by Paul Chinn / The Chronicle State Sen. Robert Hertzberg, D-Los Angeles, reads a copy of state Sen. Tony Mendoza’s letter of resignatio­n at the Capitol in Sacramento, following allegation­s of sexual misconduct. Mendoza is also suing the Senate.
 ??  ?? A photograph of Mendoza has been removed after the Democratic state senator from Artesia (Los Angeles County) tendered his resignatio­n at the state Capitol in Sacramento.
A photograph of Mendoza has been removed after the Democratic state senator from Artesia (Los Angeles County) tendered his resignatio­n at the state Capitol in Sacramento.
 ?? Steve Yeater / Associated Press ?? State Sen. Tony Mendoza stands at his desk on Jan. 3 after announcing that he will take a monthlong leave of absence while sexual misconduct allegation­s against him are investigat­ed.
Steve Yeater / Associated Press State Sen. Tony Mendoza stands at his desk on Jan. 3 after announcing that he will take a monthlong leave of absence while sexual misconduct allegation­s against him are investigat­ed.
 ?? Paul Chinn / The Chronicle ?? State Sen. Pro Tem Kevin de León speaks to colleagues after adjournmen­t of the session in which Mendoza resigned.
Paul Chinn / The Chronicle State Sen. Pro Tem Kevin de León speaks to colleagues after adjournmen­t of the session in which Mendoza resigned.

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