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De León Asks Senator Accused of Sexual Harassment to Take Leave

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Senate Leader Kevin de León (D-Los Angeles) and Sen. Holly Mitchell (D-Los Angeles) announce reforms of the state Senate's sexual harassment policies. (Katie Orr/KQED)

California Senate President Pro Tem Kevin de León (D-Los Angeles) has asked Sen. Tony Mendoza (D-Artesia) to take a leave of absence while sexual harassment claims against Mendoza are investigated.

De León says complaints of inappropriate touching by Sen. Bob Hertzberg (D-Van Nuys) are also being investigated, though he did not ask Hertzberg to take a leave of absence.

"Given the severity of the allegations against Sen. Mendoza, I do not believe he can perform (his) duties in Sacramento while the investigation is being conducted," de León says. "I'm not prepared to say that about any other member right now."

Mendoza issued a statement this evening resisting de León's request.

"I am very disappointed that certain Senate Rules Committee members are apparently asking me to take a leave of absence or resign before an investigation has even begun and without giving me an opportunity to defend myself, " Mendoza said in a statement. He goes on to say he was not appointed to his position, but elected and he will vigorously defend himself.

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The news came as California's Senate announced several reforms meant to better address sexual harassment claims in the chamber.

The Senate will begin working with a rape crisis center to counsel victims of sexual harassment and assault. It will provide a 24-hour confidential hotline (800-729-1443) for anyone to call if they have a sexual harassment complaint against someone who works for the Legislature. And two outside law firms were chosen to investigate those claims, California-based Gibson, Dunn & Crutcher and Sacramento-based Van Dermyden Maddux. The Gibson, Dunn team will be lead by former U.S. Attorney Benjamin Wagner.

Sen. Holly Mitchell (D-Los Angeles) was on the committee that chose the firms. She says they will report the findings on the investigations they conduct to the Senate Rules Committee.

"These attorneys who've been retained for a period of two years will work together to conduct thorough, independent and prompt investigations of allegations of misconduct," Mitchell says.

De León stressed that there needs to be a culture change within the Capitol. And he says he’d like to see similar measures taken in the Assembly.

“This should be a bicameral approach," de León said. "There should be uniformity across the board. The rules and the procedures, the protocols that take root in the Senate should also take root in the Assembly.”

The Assembly says it’s finalizing an agreement with a crisis intervention provider to confidentially assist staff.

The Senate has faced criticism that it didn't respond fast enough to an open letter published in October decrying a culture of sexual harassment and assault in the Capitol community.

The Assembly held a hearing on its sexual harassment reporting procedures in November. But de León dismissed those concerns.

“These reforms are unprecedented and they are very real," he says. "These are reforms that we want to take root deeply in this institution.”

The Senate will hold its first of a series of hearings Jan. 11, focusing on California’s legal standards and key legal questions surrounding sexual harassment.

De León says the Senate will also release the names of lawmakers who have been the subject of sexual harassment investigations, although he didn't specific when.

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