Open Reporting: Inside the Capitol
This post is part of our Open Reporting at CALmatters, in which we share progress on stories as we’re developing them, while also inviting you to share thoughts and comments to help inform our research. Our goal: more transparent and effective journalism. We welcome your feedback.
A huge twist emerged this week in the Capitol’s months-long reckoning over sexual harassment: A female lawmaker who helped spark the movement to end misconduct is taking a leave of absence while she herself is being investigated for sexual harassment.
An explosive report in Politico quoted a former legislative aide who accused Assemblywoman Cristina Garcia of groping him during a softball game in 2014. It also included an anecdote from an unnamed lobbyist who described an inebriated Garcia making a sexual pass at him. Then came a follow-up story by Capital Public Radio reporting that Daniel Fierro, the former staffer who accused Garcia of groping, has ties to two male legislators Garcia has publicly lambasted for their alleged treatment of women.
Garcia, a Democrat from Bell Gardens, is the chair of the Legislature’s women’s caucus and has participated in the #MeToo movement by speaking out against a culture of sexual harassment in the male-dominated state Capitol. She denies the allegations against her but said she’s taking a voluntary unpaid leave “so as not to serve as a distraction or in any way influence the process of this investigation.”
Things are getting messy. And all that happened after I wrote this story about lawmakers struggling to figure out how to respond to the harassment allegations that are now sweeping the Capitol.
Meanwhile, I’ve been reviewing the documents the Legislature released last week about substantiated cases of sexual harassment from 2006 to 2017 by lawmakers and high-level staff. A few questions the records raised:
Disparate discipline (and record-keeping):
There is a confusing disparity in how employees were disciplined for sexual harassment. The records indicate that in 2009, one Assembly staffer was fired for talking about sex, while another lost three days of pay for groping a fellow employee—behavior the victim later described as aggressively reaching inside her blouse.
(The staffer the records indicate groped, Raul Bocanegra, went on to become an Assemblyman. He resigned last year after the incident, and other harassment allegations, became public.)
“There needs to be some transparency about what the degrees of harassment are and what the potential punishments are, recognizing that cases are different,” said Julie Snyder, a Sacramento lobbyist who was struck by the disparity when she reviewed the records.
A spokesman for Assembly Speaker Anthony Rendon said that the portions of the records that were publicly released don’t tell the full story of why certain people were fired. (Many of the pages were heavily redacted.)
“In some cases there were other things they did that factored into the broader reason for why they were terminated,” said Kevin Liao. “To just say the discipline varied because of sexual harassment is an incomplete telling of the picture.”
The logged complaints themselves lack uniformity. Though most were typed up on letterhead or disciplinary forms, one was written by hand on notebook paper. The notes were so difficult to make sense of that the Senate released them with a summary typed up the day the records went public.
“The integrity and timeliness of HR records is critical, and the fact that some records were written today and others were handwritten proves the point that the Legislature’s HR practices are problematic,” said a statement from Sen. Bob Hertzberg, the subject of the handwritten complaint that said he made an employee uncomfortable by pulling her close to him and dancing.
Who investigates complaints?
A consistent demand from victims and their advocates has been that investigations should be conducted by a neutral party—not by the Legislature’s administrators, who answer to politicians. The Senate responded late last year by hiring an outside law firm to investigate complaints.
But that makes the Senate the law firm’s client, so any information the investigation yields will be turned over to the Senate’s political leaders. It will be up to them whether to release the information.
This has frustrated Hertzberg, a Los Angeles Democrat who is cooperating with the law firm’s investigation. Former Assemblywoman Linda Halderman, a Fresno Republican, has accused him of repeatedly hugging her in an aggressive and unprofessional way. Hertzberg—who long-ago earned the nickname Hugsberg—has publicly apologized, and told the Sacramento Bee that his intentions “have only been to foster a warm, human connection.”
Halderman said she was disappointed to learn that the Senate lawyers’ investigation of her complaint will not automatically be shared with her.
“No access will be given to me, whether it’s the part of the report that involves me or the report at large,” Halderman said. “If (Senate leaders) choose for whatever reason to push this aside, I’ve done all this for nothing.”
That concern leads to another unresolved issue:
How much will the public learn about confirmed perpetrators?
Back in 1975 the Legislature passed the ironically named Legislative Open Records Act , a law that says it doesn’t have to release any records about its investigations. And when reporters asked this fall for documents about harassment investigations, the Legislature refused to provide them. But after mounting pressure from the press, legislative leaders eventually changed course and released a limited set of records.
The Legislature’s administrators made clear, however, that in releasing the documents, they were not giving up their legal right to keep such information secret in the future.
“Please note we are not generally waiving applicable privileges and statutory exemptions with regard to Legislative Open Records Act requests,” top administrators wrote in letters attached to the documents.
Some of the records being provided don’t have to be disclosed under the law, their letters went on, “but are being provided nonetheless to facilitate open discourse concerning sexual harassment in the workplace.”
Two key lawmakers—Sen. Toni Atkins, the incoming Senate leader, and Assemblywoman Laura Friedman, a Glendale Democrat who is leading a panel charged with crafting a new sexual harassment policy—both told me they want the Legislature to continue releasing investigations that name the people whose harassing behavior has been confirmed.
“We need objective criteria that everyone understands, and that would include perhaps the process of releasing these things to the press,” Friedman said, adding that it’s an issue her committee will tackle.
This post was updated at 4:01 p.m. to include a comment from Kevin Liao, spokesman for the Assembly Speaker’s Office.
On a leave of absence from the Legislature since she was accused of sexual harassment in February—and facing intensifying attacks in her re-election campaign—Assemblywoman Cristina Garcia jumped back into the fray today, sending out a press release saying she’d been “exonerated.”
Though an investigation did not substantiate the most serious allegations against her, it found that Garcia, a Bell Gardens Democrat, violated the Assembly’s sexual harassment policy by “commonly and pervasively” using vulgar language in talking to her staff. It also found that she had employees perform personal tasks and disparaged elected officials. (Garcia admitted recently that she had called former Speaker John Perez, who is openly gay, a “homo.”)
Speaker Anthony Rendon quickly moved to diminish Garcia’s clout, removing her from all committee memberships. Rendon also is requiring Garcia to attend “sensitivity training” and sessions to learn more about the Assembly’s policy on harassment and violence prevention.
“Our members have the responsibility to treat constituents, staff, colleagues and the entire Capitol community with respect and dignity. Disappointingly, that has not always been the case with Assemblymember Garcia,” Rendon said in a statement.
Garcia’s press release included an apology “for instances where my use of language was less than professional.”
“I want to assure everyone that I have learned from this experience and will do everything in my power to make amends for my past. Nothing is more important to me than protecting the health and safety of the people I represent. I know that I can only effectively serve my constituents if staff and my colleagues feel comfortable and respected on the job. That is the climate I pledge to build and sustain,” Garcia’s statement said.
The investigation did not substantiate complaints that Garcia drank heavily on the job, played spin-the-bottle with employees and squeezed a staff member by the butt. But it’s unclear how thorough the investigation was. It was completed without interviewing four former employees who accused Garcia of misconduct, according to a letter from the Assembly’s chief administrative officer to Dan Gilleon, the accusers’ lawyer. The letter says Gilleon advised his clients not to participate, an assertion he challenged.
“My clients were, and are, willing to cooperate as long as the Assembly is willing to take the most basic and simple steps to ensure the investigation is fair and no retaliation is permitted,” Gilleon wrote in an email to the Assembly that he shared with CALmatters.
The Sacramento Bee reported that Daniel Fierro, who accused Garcia of groping him at a softball game, gave the Assembly names of witnesses who were never interviewed. He told the Bee that he is planning to appeal the Assembly’s findings.
All of which means this story probably isn’t over yet.
The state Senate has released results of an investigation finding that Adam Keigwin, the former chief of staff to Sen. Leland Yee, likely engaged in sexually inappropriate conduct with a female employee when they both worked for the Senate, including unwanted touching and exposing himself. Keigwin, now a lobbyist, said in a statement that the allegations are “absolutely untrue.” Read further coverage in the Sacramento Bee and the Los Angeles Times.
This is the latest in a series of harassment investigations that have been made public by the Legislature in the wake of the #MeToo movement that has exposed sexual misconduct in many workplaces. I’m keeping track of the cases coming out of the California Capitol with this spreadsheet, which we created when the Legislature released a first batch of records on Feb. 2. You can scroll to the far-right column to seek a link to the source documents for each case.