ALLEGATIONS Allegations: . Rossow has inappropnately touched her by giving her shoulders a hug, kissing her hand; and kissin he: on the to Allegations: 1. Rossow has made comments that contain Innuendo of a personal nature . Vice swim 3531211151}; SAM ammtee I 9 0 It ?5338388 612116!!th Mishfure ANTHONY ADAMS . -- GREENAGHAZARWJ io J. action 31.35%; @nmm?ns on 33111125. ?renew smamarro. ?masons - . - - is) areasoo - . 5" Hgt9183319-?to HECTOR DE LA TORRE October ?16, 2.00? CHAIR HANCOCK Tobe Scott Rossow Re: Written Warning Dear Mr. Rossow: This letter serves as continuation of our meeting on October 16.? 2007. to discuss the outcome of the untamal investigation conducted by the Assembly Rules Committee of allegations of inappropriate comments/emits made by you in the workplace. Lynda Roper, the Assembly's- Cornpliance Of?cer who conducted the investigation. was present fer the meeting. The Assembly has a zero? toterance policy against sexual harassment. it has been determined that a Violation of the Assembly?s zero tolerance policy has occuired. You are censequentiy being directed to participate in individual Counseling and training about sexual harassment and your responsibilities for helping maintain a workplace free. from harassment. Your training has been scheduled with Jennifer Shaw, with the law- i'irm of Shaw Vaienza. as indicated below; Monday, October 22, 2007: 10.00 am Legislative Of?ce Building 1020 Street, Ste. 103 Please be advised that the Assembly. Rules Committee takes this matter very seriously. This letter serves as ?rst and ?nal notification to you that of a future violation of the Assembly's policy will be immediately reviewed and,.it found to have basis. will result in termination of employment. You were also?reminded that retaliation against any person who you believe might have participated in this process is strictly prohibited. Nothing in this communication changes the at? will Status that applies to you .and all employees of the California State Assembly. It you have questions, please contact me at (916) 319-2800. Sincerely. ,minisirative Office mia State Aesembly Eric: cc; Matt Reilly, Director Speaker?s Of?ce of Member Services February 26, 2009 RF. Employee complaint involving Nan Rider - contacted me to a complaint that. was b: ought to - attentmn involving Nan Rider, - said that-ma have a wo.2k env1ronment issue after heat-1n complamts from Z?egislafure (Assemhlg 3341123 ROOM 3016 STATE CAPITOL PO BOX 942849 SACRAMENTO, CALIFORNIA 942490115 TELEPHONE (916) 319-2800 March 24, 2009 Elnzabeth Nan Rider Dear Ms. Rider. This letter serves as con?rmation that Erin Shelby. Human Resources Consultant, completed the investigation of the complaints concerning you that went brought to the attention of the Assembly Rules Committee Ms. Shelbx ?s investi ation cot laints tha you ave ma sexually comments and Joke- The allegations were largely substantiated by Ms. Shelby's investigation The followmg is a summary of the policies contained in the Assembly's Personnel Policy Manual, which the mvestlgation shows you have violated, and the basis for these conclusions: nah. - Elizabeth Nan Rider Page 2 March 24, 2009 2. Assembly's Policy against Sexual Harassment, which has a "zero tolerance" standard regarding sexual harassment in the workplace. The policy includes in the de?nition of sexual harassment unwanted ?visual, verbal or physical conduct of a sexual nature" that has the purpose or effect of creating an intimidating, hostile, or Offensive work environment. Conduct which Violates the policy includes, but is not limited to: slurs, Jokes, statements, gestures, pictures or cartoons. By your own you have sent sexually explicit e?mails and Jokes to your subordinates, and 2) initiated and/0r engaged in conversations with your subordinates about your own sex life, the sex lives of current and former subordinates, and the sea. life of another individual with whom you are acquainted. Based upon the ?ndings in this investigation. the Assembly Rules Committee has lost con?dence in your professional judgment and ability to continue to serve as Assembly Member Emmerson's District Coordinator. This letter therefore serves as notification that your at-will employment with. the California State Assembly has been terminated effective March 25, 2009. To ensure that Elizabeth Nan Rider Page 3 March 24. 2009 there is no misunderstanding, this letter explains in detail both your rights and obligatiOns and those of the Assembly (in. termination of your employment. Your employment with. the Califorma State Assembly will end effective March 25, 200.9. Therea?er, you will no longer be an Assembly e?mplOyee. On? March 25, 2009, you were paid $11,440.65, less deductions required or permitted by law to y0ur ?nal paycheck. This constitutes all of your earned and unpaid salary together with any accrued and unused vacation pay. YouWill also receive continued medical, dental, and Vision care bene?ts lmtil April 30, 2009? In the next few weeks, the Assembly Will send you a separate letter regarding your ability to continue your bene?ts at your own expense pursuant to COBRA. (29 USC 1 161 et seq.). Please note that, if you elect COBRA c0verage, you may qualify for a partial subsidy of your premium for a period of up to 9 months pursuant to the American Recovery and Reinvestment Act of 2009. To ensure you are aware of other bene?ts potentially available to you' through the Employment Development Department (EDD), 1? have enclosed a cupy of an EDD brochure entitled ?For Your Bene?t: California Programs for the Unempl'oye Any future. Inquiries regarding your employment with the Cslifomia State Assembly should be directed to the Assembly Payroll Of?ce at (916) 319-3700. Sincerely, ie drm'nistrative Of?cer California State Assembly Enclosures cc: The Henorable Bill Emmerson 5/4/09: Informed about Comilaint i'urinul ill with 33135334555 . . usess @altfurnta @legtalahtre misty roams TOM ?pm I . 93931531" Estate?: mummies nu Elisha Tommi-m SAGPAMEN to; CA 94249-0: i5 smog?; imam meg}. 31:33:10 TED. 'Wt LIEU TOM TORLAKSON CHAIR ?mm Via Hand Delivery MIKE DAVIS (0am JIM NIELSEN rn-Au June 22, 2009 Raul Bocancgra 0/0 The Honorable Felipe Fuentes State Capitol, Room 5.136 Sacramento, CA 95814 Dear Mt Bocanegra: Jennifer Shaw and Alay?na Schroeder, with the law ?rm of Shaw Valenza LLP, have completed the investigation which was initiated after the Asse 'v plaint regarding your Specx?cally, Ms. Shaw and Ms. Schroeder investigated: 1) allegations that while she was at a local staffing on the evening of April 29,.2009.you a) made inappropriate an unwe come contact With her, and b) made'inapprop?nate and unwelcome verbal remarks to her. 2) Your 5 eculation (which you raised during the. course of the investigation) that-_ complaint may have been iolitically motivated by During the course of their investigation, Ms. Shaw and Ms. Schroeder interviewed you,- -. and 13 other individuals identified by you, -, or others as part of their investigation of these issues, The following are the ?ndings from the investigation I) With respect. to? allegations, while no ?rst-hand witnesses ere identi?ed who observed the conduct described, the investigation showed that it is more likely than not that on the evening of April 29, 2009, you did engage in inappropriate behavior.? 2) With respect to your speculation about apolitical motive for complaint, the investigation did not identify any evidence that_ fabricate her complaint for any political reason or that the complaint was politically motivated. The Assembly?s Personnel Policy Manual provides that employees are expected to conduct themselves in a professional manner, to be courteous in their dealings with the public, and to avoid behavror which might bring discredit to the Assembly and its Members (Section VI. Ethics: Item 5) The Assembly has ?a Very high startde for its Chiefs of Staff and other employees who have supervisory responsibilities Your conduct on the eveningof April 29,. 2009, failed to meet the Assembly?s expectations for professionalism. .fgfp. I advised you that based upon the ?ndings of this investigation. you will be placed on a three-day disciplinary suspension without pay. Lynda Roper, Deputy Administrative Of?cer, will notify you about the dates of your suspension. Please note that if the cinrent salary freeze is lifted within the next twelve-month period, your suspension may preclude you ?om receiving a salary increase within that time frame. As a condition ofyour'employment, you are also being directed to participate in individual counseling and training about your responsibilities regarding professionalism in the workplace. Lynda Roper will make arrangements for this program and you will be notifiediahout the time and location of the training. Further, it is my expectation that youwill remain compliant with all of the Assembly Rules Committee?s mandatory training requirements throughout your remaining tenure with the Assembly. I understand you participated in these programs including the management components of the Sexual Harassment Prevention and. Violence Prevention Training Programs -- on Friday. June 19, 2009. Finally, I instructed you not. to communicate wrth- if you encounter her in the ?bIniding or at le islative e? ents Outside of the building. If you have a business need to interact with he?ice mthe ?inire. I'instnicted you to contact the Chief of Sta?? directly to make? any nosessary arrangements to ensure? is not put in a posrn'on of having to interact with you. The Assembly strictly prohibits retaliatiOn against anyone who participated in this process This letter serves as noti?cation that any indication of future conduct that is retaliatory in nature or may otherwise constitute a violation of the Assembly?s policies, will be immediately investigated and, if found to have basis, may result in termination of your employment. Nothing we discussed in this meeting or contained in this letter changes the. at?wrll employment status that applies to you and all other Assembly employees. Sincerely, Administrative Of?cer California State Assembly cc: The Honorable Felipe Fuentes sai?iffgfez . . MEMBERS- @emslatnre mom ADAMS TOM AMMIANO r53 wish I - - ll :g?mg mt 3311125 mums-A SACRAMENTO. CA 94249-0115 SON 916'319-2800 .. . . -, nix (916)319-2810 TED W. LIEU CHAIR NARIKO . - MIKE DAVIS Vla Hand Delivery JIM NIELSEN (R-ALT) June22. 2009' Dear- Jer?mifer Shaw and Alayna Schroeder, with the law ?rm of Shaw Valenza, LLP, have completed their investigation of the complaint you raised regarding Raul Bocanegra, who is an employee of the California State Assembly. The investi tors looked 'nto your allegations that while you were at a local sta?ine? on the evening of April 29, 2009, Mr. Bocanegra 1) made inappropriate an . unwe come physical contact with you, inappropriate and unwelcome verbal remarks to you. During the course of their investigation, Ms. Shaw and Ms. Schroeder interviewed you, Mr. Boomiegra, and 13 other individuals identi?ed by you, Mr. Borzanegra, or others. This letter serves as con?rmation of our meeting on June. 22. 2009, with Lynda Roper, the Assembly?s Deputy Administrative Officer, and Dina Hidalgo, Senate Director of Personnel, during which We discussed the ?ndings from this investigation. During the course of the investigation, it was established that there were no security cameras in the and no ?rst-hand Witnesses. were identi?ed who observed the conduct you described. Theinvestigation showed that Mr. 'Bocanegra did nor go to the on April 29, 2009, in connection with his role as an employee of the California State Assembly. Nevertheless, the ?ndings from the investigation show it 18 more lLkely than not that Mr. Bocanegra engaged inbehavior that night which does not meet the Assembly?s eXpectations for professionalism. You told the investigators that the remedies you were requesting were that 1) Mr. Bocanegia would be prohibited from attending work-related social events that involve alcohol, and 2) You do notwant to see him at Work or social events you are required to attend beCause- of your position with naw magnum; Mr. Bocanegra will be instructed not to comnmnicate with you if you happen to encounter one another in the Capitol or at legislative- events. He will also be. instructed to contact your Chief of. Staff: if he has a business need to interact with of?ce. The Assembly Rules Committee will also be taking addition appropriate action to help ensure there are no recurring issues. While the Assembly Rules Committee has expectations that staff conduct themselves professionally outsrde of the workplace and is able to take corrective action if these expectations are not met, we are not able to direct how or where employees. spend? their time before or after normal business hours, lam therefore asking your assistance in immediately notifying Lynda Roper, Dina fhdalgo. or me if there are any future problems. In addition, please be advised that the Assembly Rules Committee strictly prohibits retaliation. If in the future you believe anyone is retaliating, or has retaliated, against you as a result of your complaint or its investigation, please notify us immediately. Thank you again for your participation in this precass. Sincerely, F. aldie .dministra-tiv'e Of?cer CaliforniaState Assembly cc: Dina Hidalgo Senate Director of Personnel Liz ostei's \lotes. On Monday. Mai 11. 2009?caned and requested to meet With me on a personal matter related to his employment. We agreed to meet at 30 Farm ed. in my office and concern about how to proceed, as he was here to a complaint and the person he would be complaining about was very close to both the mid-level and high level supervisors and he was fearful 0t retaliatmn for bringing his concerns forwatd I adn'sed him that I could not promise con?dentiality if he shared a complan'tt regarding behavror that potentially Violated AsSembly policy and he stated that the behawor was de?nitely in Violatlon ot?Assembly policy and he didn?t expect anonymity, again he was Just fearful of retaliation as he sees 15 on a daily his work. At that point he agreed to proceed With sharing his eonecms and opened a folder that contained a written summa ofhis concerns that he read from He advised me that his complaint was about?lim Dawt (Sp'eCIal Services Supervisor Shift) As follows are bullets of the main points that he raised durinbr our conversation - stated that Jim frequently calls him his bitch. pussy, 'biatch? and other references to genitalia. i - stated that Jun makes comments that he is. gomg to shoot his wad on- i - stated that Jim regularly calls -I ox er to look at his computer both alone and in front of others and has him look at inappri'iprtatc c-mails, or When I asked him if it as pornographic material, he said no it was more violent scary stuff I said like graphic Violence, he said no like illegal sexual acts: really twisted scarv stuff Jim NUS. (0 go fuck his gjxl?'lcnd and then to call 11m wh?c - is fucking (llama-mitt ??ules (?Inntmiiter ROOM 3016 STATE CAPITOL PO. BOX 942849 SACRAMENTO, CAUFORNIA 94249-0115 TELEPHONE: (916) 319-2800 July 20. 2009 Jim Davit Dear Mr. Davit: Ben Webster, with the law ?rm of Littler Mendelson, has completed the investigation which was initiated after it was learned that you may have engaged in conduct Violating one or more of the Assembly?s policies. Speci?cally, Mr. Webster investigated idlegauons that: 1. You used your Assembly computer to access inappropriate web sites, 2. You used your Assembly computer to send and receive sexually-explicit photos and videos to other Assembly emplc yecs (including your subordinates) and outside parties; and 3. You made inappropriate remarks to your subordinates. When I informed you of these allegations on May 18, 2009. you denied engaging in such conduct. During, the course of his investigation, Mr. Webster interviewed you and eight witnesses. Additionally, at the Assembly?s request, the Legislative Data Center?s (LDC) Information Security Of?ce assigned an investigator to collect and report on the forensic infommtion contained on your Assembly computer account. LDC provrded a comprehensive investigative report. During our meeting on July 20, 2009. informed you of the following ?ndings from the investigation: 1) Use of your Assembly computer to access inappropriate web sites: During your June 5. 2009, interview with Mr. Webster, you continued to deny any inappropriate use of your Assembly computer. In a subsequent interview on July 8, 2009. you admitted that you inappropriately accessed X-ratcd web Sites on your Assembly computer on numerous occasions during the past few years. The information contained in the report contains evidence showing that, dating back to 2006, you frequently accessed pornographic and other sexually-explicit web sites from your Assembly computer. 2) Use of your Assembly computer to send and receive sexually?explicit photos and videos to other Assembly employees (including your subordinates) and outside parties: During your Juno 5, 2009, interview with Mr. Webster, you denied sending or receiving inappropriate materials on your Assembly computer, During your subsequent interview on July 8. 2009, you admitted that yOu sent and received e- mails with sexually-explicit images and videos on your Assembly computer during the past few years. The information contained in the report contains evidence showing that you frequently e-mailcd sexually-explicit material to A ssembly employees (including your subordinates) and outside parties. 3) In appropriate remarks made to your subordinates: During your July 8, 2009 interview, you -- a supervisor - admitted that you used profanity in the workplace and called your subordinates by obscene names injest. The Assembly?s Personnel Policy Manual provides that employees are expected to conduct themselves in a professwnal manner. to be courteous in their dealings with the public. and to avoid behavior which might bring discredit to the Assembly and its Members. (Section VI. Ethics; item 5.) The Assembly has a very high standard for its employees who have supervisory responsibilities. Your conduct fails to meet the Assembly?s expectations. for protessionalism. Your conduct has also been found to violate l) the Assembly?s zero tolerance standard for sexual harassment in the workplace, the Assembly?s Computer Use Policy, and the provisron of the Assembly?s Personnel Policy Manual which states: ?It is illegal to use state resources for personal or campaign purposes State resources include the employee?s time while on state payroll, state-owned property (computer. telephone, facsimile. copy machines. etc). and state of?ces.? (Section VI. Ethics Item 6.) Based upon the ?ndings of this investigation. 1 informed you that you can no longer function in the role of a supervisor. However, given your tenure with the Assembly, ltold you that you were not being ?red. Instead, you were informed that if you W?lShEd to remain an Assembly employee. you would be demoted and you. were oll'ercd at position as a Special Services It, working the day shift, with a corresponding reduction in your salary. Should you choose to accept this offer, your new salary will be $3,679} per. month. If the current salary freeze is lifted within the next twelve-month period, this disciplinary action may preclude you from receiving a salary increase within that time frame Please let Lynda Roper, Deputy Administrative Officer, or me know whether you wish to accept this offer by July 27, 2009. In the meanwhile. I told you that you will be placed on a two-week disciplinary suspension without pay e?'ective immediately. Your suspension will begin on July 21, 2009, and extend through August 3, 2009. If you decide to accept the offer being extended, you will also be required to participate 1n individual counseling and supplemental trainmg on Assembly policres and your responsibilities regarding professionalism in the workplace. The A556 mbly strictly prohibits retalmti on against anyone who participated in this process. This letter serves as noti?cation that any indication ot'futnrc conduct that is retaliatory in nature or may constitute a violation of the Assembly?s policies. Will be immediately in vesugated and, If found to have basis. may result in termination of your employment. Nothing we (1132013801 in this meeting or contained in this letter changes the at?will employment status that applies to you and all other Assembly employees. Am :1 1e (thiglt' Administrative Of?cer Mi?inua State Assembly 1 cc Ron Pane Chief Sergeant-at?Arms @alifuwin filiaglslalurr a gllulera lemtmitter ROOM 3015 STATE CAPITOL PO BOX 942849 SACRAMENTO. CALIFORNIA 94249-0115 TELEPHONE (910) 318?2890 July 31, .2009 Deal 1 am 'u'ntmg to followup on My 2009, telephone can salicn, duling whn?l' I mtomwd you that the iIIVcsugatlon mlo Ll-f oomph-mi )un mgismed the Assembly Rules. has been complucd I told yuu uh: \Ssembly Rules Comm-111:6 has taken apprOpnatc ?thou to help ensure then: are no ICC mung Is'mce. Thanlx. you agam for lounging your COIICCI to our attention and for your durmg the Please let me know 1f you have questions Or 1 may be of any assistance to you ?Inc 6161 ..ym a . (rpm Deputy Ci?icer California State assembly PM. Med Raga/ed Papa April 30, 2010 Note. to 1,1e tx-I'endoza) toda regarding her concerns with Assembl member Men 221. stated that the a1 ea she wanted to discuss was in her a ?grey ea stated that she uanted to speak con?dentially. I cxplamed to - that if she shared somethmg with me that was a. possible xiolation of Assembly Policy I had a duty to report that information and look Into 1t. stated that. she understood but did not want to get anyone in trouble LSnda Hansma HP. Consultant MEMORANDUM: To: File From: Lynda Roper Subject: Chronology: -Complaint against Assm. Tony Mendoza Date: September 2010 9/22/10: said she feels she is being treated differently than other staff, she feels very uncomfortable about Mendoza?s behavior toward her and is afraid no to him for fear of losin her 10:30 am. Met with Mendoza, explained the general nature of the concern that was brought to my attention earlier in the week. He said he understood the complaint was coming from I con?rmed that this was the case. I covered the following agenda: 0 - feels she is being treated differently. - cited fre uent text message that have no business correlation. Mendoza does recall texting frequently toward the end of session, including one from- asking what was going on. He could not recall who initiated the exchanges and said that there was a lot of down time when Members were in the Chamber. I told him that she has perceived some of his text messages as being ??irtatious? in nature. I encouraged him to text her only when there is a business-related reason and to be mindful of the need for professionalism in the. Mendoza said he understood and would be mindful of these recommendations. 0 Invitations to lunch/dinner/drinks that don?t include other staff and that it doesn?t seem to be his practice to meet one-on-one with other staff off?site. Mendoza said there have when he has had one-on?one lunches/dinner/drinks with other staff, citing and ?maybe? . He said it was his belief that 1) she wanted these outings to discuss her uture plans, which may include running for of?ce, and 2) given his limited time in the of?ce and interruptions while there, it seemed better to have these discussions off-site. A couple of times when he hugged mien of a handshake or simple goodbye). Mendoza acknowledged he has hugge in the past, but says he hugs everyone and said, for example, he hugged ?when he arrived in the office this morning. I counseled him that this comes w1 peril; he should definitely not hug in the ?iture and should avoid hugging any subordinates altogether. He said he understood and would be mindful of this in the future. 0 - is afraid to say ?no? or say she is uncomfortable for fear of retaliation by Member. Mendoza said that he understands the need to avoid retaliation; that he saw after informed him about her concerns and didn?t treat her differently then. He sa1 as no job-performance concerns and doesn?t anticipate there being any that will need to be addressed. Mendoza was calm throughout the meeting and did not give any indication he was upset or angry with- He expressed concern that other people might be talking about this; I informed him that I have cautioned everyone I have spoken with about the importance of not discussing this matter with others. I told him I would follow up with-and tell her that if she wants to discuss this matter with him, she should be the one to initiate that conversation; if she doesn?t do that, he should not raise the matter with her, but just move forward in a professional way. 9/24/10: Followed with also told her that case upon my meetlng W1 1 endoza, he not appear to be angry or upset, but perplexed and that in my judgment, I didn't anticipate a future problem. I also told her that even if he was mad at her, that shouldn't matter provided he treats her professionally. She agreed to call me if any problems arise. Memorandum to File Re: Complaint Re Assembly Member-Travis Allen From: Lynda Roper, Compliance Of?cer Date(sl' February 1, 2013 February 4, 2013 _ated the following incidents that caused her to speak to_ about her concei ris- - Mr. Allen recently came up to her office door and stood there With his arms spread open She waved, to acknowledge his presence. He responded by saying "You can do better than that'? He then entered her office and moved progressively closer to her, standing right beside her chair, making her feel uncomfortable; She said thisis notthe first time his actions have made her feel uncomfortable. She said he seems to make a practice of being unnecessarily close to her. 0 During a-briefirig when she was sitting rue-it to him, he his foot over so that it was touching hers, On January 31, 2013, when she was in the cafeteria. Mr. Allen approached her from behind, put both hands on her shoulders and gave them a squeeze _stated that another woman in the of?ce told her that when she shook hands With Mr. Allen, rather than releasmg it within a normal time frame, he continued to hold onto her hand and patted it. On Monday, February 4, 2Q13, Jon Waldie spoke With Mr. Allen to advnse him that he had learned about complaints by two women that the perceived him as being too familiar and it was making them feel uncomfortable. He said 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 outside of the bunlding while at an event. Mr. W-aldie reminded him to be very conscnous of his conduct. I followed up With an e?mail to HI Lynda Thank you again for taking the time to speak With me last week I also appreciate the prompt follow up I'll let you know ifl encounter any other issues. From: Roper, Lynda Sent: Monda . bru ry 04, 2013. 1:22 PM To: SubJect: i-oILow-up Good A?emoon-, Jon Waldic spoke with the Member we discussed on F11day'm? a generic way. The message has been delivered and is hope?illy understood Please contact me if there are" any continuing concerns~ And thank you for your to speak with me about it. Lynda 713 Memorandum: To: File From: Lynda Roper, Deputy Administrative Of?cer Subject; Chavez Office- Complaint Date. 8/14/13 9/4/13 Background Information: ine conduct related to included descri tions of Mr Zarnarron"s weekend ex loits and ornography on his computer When asked to describe the aenawors that made her feel this way,? cited the followmg. . He talks about his weekends and people he?s slept With. Every once in a while someone from the budding who works in another office stop by to drOp something off,? when she leaves Mr. Zamarron makes comments like "That may or may not have been awkward She may have seen me naked.? QIuIifurnia gagislatute Assembly; ?iiulea ?laments}: - ROOM 3016 STATE CAPITOL - no cox-942849 memento CALIFORNIA. 9424943115 (916) 319-2800 MEMORANDUM To: Anthony zamarron, Chief of Statf . Of?ce of Assembly Member Rocky Chavez From: Lynda Roper, Deputy Administrative Of?cer Assembly Rules Committee Subject: Stu?? Complaint Distribution: The Honorable Rocky Chavez Date September 4, 2013 This memorandum is written in follow-up to our meetin on An st 28, 2013, during which. I informed you about complaints brought forward by I reviewed with you the nature the complaints, which have to do with inapp mme made in the workplace. You said you understood some of the concerns that were raised. There were some statements attributed to you that you denied making or felt were taken out of context. Some of the statements you do not recall having made were reported to me by more than one person. We discussed the Assembly?s expectations for professionalism in the workplace. As a Chief of Staff, these standards are cepecially high, and you are expected to serve as a role model for the office. You 'said you understood these expectations and took the concerns brought forward seriously. As we discussed during your interview, the Assembly does not tolerate retaliation. Be advised that any future allegations of inappropriate conduct and/or retaliation will be further investigated and, if founded, may result in disciplinary action up to and including termination of employment. Please contact me at 319-3713 if I may be all? assistance or if you have questions. Wm?oqebdf?apar Assembly Rules Committee Human Resources Of?ce Dugni imii'c Lute?RF?). I Thinmda . Auguet 22:2015? I?Qt?ccg ?5151;. . HR Staff I?et?hiiL Rilgnh Qanricus [gamut of Cumpllam: hmpPioptiak m?L?h-i-ng hurling?mg)? . (?Roqsow?) Rossrm', Sz-niut ?215qu stated that :here was an incident that occurred the day prior, Augu?! 17. 2015. Cemeen her and ?ScoLt Rosmw {"Rossow"). stated that sh: extreme disbeliefof wha: har?pzerued, felt that Rusmw was inappropriate. an stated that he made her uncenformb'e (theme; ?ingisluiure (Asgemhlg 33an ROOM 3018 . 90. EOXMBAB 942490115 TELEPHONE: (we; 3192800 October 27, 2015 Deai'-. Maria Daniells, Human Resources 8 'eciali-st has com registered against inappropriately touched you on ugus (1 he investigation into a asserting that he Durin the [1'58 investigation, Ms. Daniells interviewed you.- and. eight other individuals.. This letter memorializes our meeting Lynda Roper. Deputy Administrative Of?cer, on October 27, .1015, during which we informed you about the ?ndings from the Investigation. Based on the interviews conducted and documents reviewed Ms. Daniells feulnd it IS more likely than not that the conduct you alleged dig! occur. conduct was found to violate the following Assembly policies: . Policy against Sexual Harassment The Assembly has 3 strict. zero tolerance pollf?y sexual harassment in the workplace. During our'meeting we informed you that based upon the findings from the investigation, appropriate corrective action is being taken. We also informed you that that Assembly's Policy against Sexual Harassment and udes post-investigative rights for both the accused and the complainant, which must be exercised Within 10 days of noti?cation of the findings from an mvesdgation. A copy ofthe policy is enclosed. cu, Famed en Beaded 9: mp Aw.- 3' i 1m: Eunice . MI In: Ham}? mu I v.1 Ina-"v I?I?m'im'izw .II- 323:; Im- Ms I'ckinmu . unwan- In f-?zru I21 Hm mums-?I t?im?v, II 2' um Anya-II- mav- 31am- ll'. 'Ilmz' i345 unit): 1.1! rutal'rim nun w" er. II. paz'?jrlpuziuu 1.?qu as}. gummy E'I?m'm 5215. I I C. er (-31, A Mid. {Sikhinlia It. ..- 1'0 11.2.8921!) PI): QIalifnm?u ?ogiulafure Knits @ummi?ee Roomooxe;sws omen. 9.0. aqua-12349. momma camam- 9424941115 October 26, 20:15 William-Scott Rossow Dear Mr, Rossow: Marta Daniells. Human Resources 8 eci?al'lst has completed the. investigation into a complaint registered by who asserted that on August 17', 2015, you inappropriate {one 9 er- During the course ofthe iu?t'estlgau?on, Ms. Daniells interviewed you, the com plainant, and eight other individuals. This letter memotial?izes our meeting with Lynda Roper. Deputy Administrative Of?ter, on October 26, 2015, during which we reviewed the allegation. Daniells investigated and ?ndings from the investigation, which follow: Allegatloh: The complainant alleged that you inappropriately touched her on August 17, 201 5. stating that While the two'of you hugged, yen placedyour right hand on her left buttock, and then moved your hand towards her Inner thigh, touching her vaginal area. Additionally, the complainant alleged that you used your left hand to hold her close so that she could notleave. Based on the interviews conducre?d and documents reviewed, Ms. Daniella found that these allegations were substantiate.d,me.aning_ it is more likely not that the alleged conduct: did occur. This ?nding is based. in part. upon the followtng: 0 Your Statement that your hand was placed an the 'complalnant?s buttock when you hugged on August 17,201 5. While you ?rst stated your hand "may? have been placed on the complainant?s buttock. when asked if your hand moveddtoward her vaginal area, you stated and con?mled that your hand remained on her bu_t:t0ck. This contradicted your initial statement that you ?may"?have placed your hand on the complainant?s buttock. Yourstatement- that you may have. placed your hand on the complainants buttock on. other occasions prior to August- 17, 2015. . You did not suggest that the complainant had an ulterior motive for making her allegation, stating that you had no idea why she would come forward with a complaint againstyou. 0 Six individuals observed the complain-ant on August 17, 2015. and stated that she looked very "upset," "distraught.? and "angry.? - Three individuais observed the complainantupset the following day; August 18, 2015. . One witness observed your hand-s on thercompialnant?s buttocks while you hugged. on three separate occasions. This witness stated that these incidents made her ?freak out,? and she felt that tho conductwas inappropriate. 0 Your statement that you and the complainant routinely had. physical contact, including neck and back massages, your face being pressed between her breasts when you hugged, and that it was part of your friendship. 0 One witness observed you giving the complainant a neck massage, and another Witness observed you "lingering" by the complainant. and resting your hand either on her back or shoulder for extended periods of time a One witness also reported that you piaccd your hand on her buttock while the two of you hugged. in addition to the inappropriate touching - which was the basis for the complainant's allegation - the investigation revealed that on multipie occasions. your behavior failed to meet the professional expectations the Ass?embly holds for its supervisoi's. Examples include: . You exercised poor iudgmentby being overly involved in the complainant?s personal life. such as offering. to bring-a barbeque? to her home and engaging in conversations with her about overiy personal matters. . You sent an email to a colleague on lune 27. 2.014. pertaining to the complainant, in which you Stomd'you wished you were younger. You continued during your'intetviaw that you did indeed wish that you were younger. in this. context; these statements that you wanted to be younger in order to be closer in age to the complainant. . You admitted inviting the complainant to come to Alaska with you. 9 in relation. to receiving aphoto of the complainant in a bikini via email, you stated you didn't consider whether or not it was to riots, because you were friends. Rather than respondingto?m say the photo was unwelcome or inappropriate or delenng'it 'om your Assembly account. you forWarded icyour personal arid Assembly email accounts. on three occasions, saying it was-?lust to have-it to save it.? Your conduct violated the following Assembly policies: . Policy against Sexual Harassment: The Assembly has 'a-sn-ict. zero tolerance policy prohibitingsexuol harassment in the workplace. . Personnel Policy Manual forAssembly Employees: Section VI. Ethics. Subsection 5. Conduct of Employees. provides that employees are expected to. conduCt themselves in a professional manner and to avoid behavior that might bring discredit to the Assembly. This standard is particularly high for employees in supervisory roles. You previously attended the Sexual Harassment Prevention Training for Supervisors on seven occasions over the past thirteen (13) yea rs, during which expectations are clearly articulated. You also have participated in training provided to administrattirs and managers through the Capitol institute, and a practical management techniques class given lay-Assembly lluman Resources staff. Further, you were previously disciplined for engaging in similar conduct. At that time, you were instructed to participate in one-oncoe remedial training with an employment law attorney. Additionally. you received a written warning stating that this was the ??rst and ?nal noti?cation to you that any indication of a future violation of the Assembly?s policy Will be immediately reviewed and. if found to have basis. will result in termination of employment,? As a consequence. this letter serves asn'otillcatlon that the decision has been made to terminate your Assembly employment. A copy of the Assembly?s Policy against Sexual Harassment - which includes post?investigotive rights - is attached. li?you wish to exercise the rights described in the policy, please provide me with your written requesuio later than November 5. 201-5. Otherwise, your Assembly employment will be terminated effective the close of business 'on November 5, 2015. Additional information about your rights and responsibilities upon termination of employment would be prowdcd to you at that time. During our meeting you wereadvised that you are being placed on an unpaid administrative leave of absence e??ective October 27, 20 15. You can use accrued vacation for wage continuation purposes at this time. If you elect to use your accrued vacation in lieu. of unpaid administrative leave, please nonfy Ms. Raper a: [916) 319.3713. Please contact'me at {916) 319-2800 or Ms, Raper with any questions. . e. ra raver: Chief Administrative Of?ce California State Assembly cc: The Hanorable Tool Atkins Charo Khopkar. Director. Speaker?s Of?ce of Member Senna-es Investigation Binder Personnel File End: California State. Assembly Policy against Sexual Harassment Assembly Rules Committee - Human Resources Of?ce Note to File Date: October 17 2016' October 21 2016 Em 1 ee 5 Of?ce: ob Title: HR Staff Person: Tosha Che Issue Des tion: All tion of Gender Discrimination contacted me by phone on the morning of October 17, 2016 at approximately 9:00am. She indicated she had some concerns and heard I was "the new Lynda Roper.? i communicated she could come over then. The following are notes I took from our meeting: Hill has implied that he and have a romantic relationship. He also said romantic relationship with feels she works in an extremely dangerous and misogynous environment. (llalifnrnia i?ngialzxture Eli-idea @mmttee ROOM 3016 PO. BOX 942949 SACRAMENTO. CALIFORNIA 94249-0115 TELEPHONE: (916)319-2800 March 14, 2017 Samuel ?Joey? Hill c/o The Honorable ones-Sawyer State Capitol, Room 21 17 Sacramento, CA 95814 Dear Mr. Hill: As you know, a com laint was made a ainst ou alle in harassment; ender discrimination and As you also know, the Assembly hired e, in ependent legal counsel, Janice Brown and Arlene Yang with the Brown Law Group, to investigate these complaints. The investigation has concluded and a Con?dential Attorney-Client Privileged Report has been provided to the Assembly. Because the investigation Report is privileged, you are not entitled to, and will not be given, a copy of the report. However, below you are being provided a summary of the report?s ?ndings and conclusions. 1. Gender Discrimination and Harassment It was alleged that you made several inappropriate gender and sexual preference based comments to the complainant and others. Although not all of the allegations of speci?c inappropriate comments could be substantiated, the investigators concluded that it is more likely than not that you did make several inappropriate comments, including disrespectful and derogatory comments about female staff and Women in general, as well as comments regarding an elected of?cial?s sexual orientation. Although you denied making most of the alleged inappropriate comments, several witnesses corroborated the complaint, and on occasion you corroborated making certain inappropriate comments by admitting to specific comments with a contextual justi?cation for them. on Recycled Paper Retaliation for participating in protected activities, such as making good faith complaints and participating in workplace investigations, is specifically prohibited by Assembly policies. You have been an Assembly employee and in supervising positions such as your current Chief of Staff position for many years. Consequently. you should be familiar with and responsible for upholding Assembly policies, including its policy against retaliation. Based on the ?ndings presented by the outside, independent, attorney investigators from the Brown Law Group, it has been determined that your at?will employment by the California State Assembly is being terminated. A separate temtination letter is being provided to you along with this letter. Any future inquiries regarding your employment by the California State Assembly should be directed to the Assembly?s Payroll Of?ce at (916) 319-3700. Sincerely, 03 a erry Human Resources Director Califomia State Assembly Octobcr 1-2. 2016 Inappropriate talk was lampant knew om: d?V somelhili was gomg to happen. (llalifnrnia (Amen-thin ?Knies Clementine ROQM 30146 STATE CAPITOL PO. BOX 942849 SACRAMENTO. CALIFORNIA 9A249-0115 TELEPHONE: (916) 319-2800 February 23, 2017 Dear?z The investigation of your?complaints made against Autumn Burke has concluded. You are not entitled to a copy of the Con?dential Investigation Report and it is subject to the attorney~ client privilege. The investigation, conducted by an outside, independent attorney, Jennifer Shaw of Shaw Law Group, PC made factual ?ndings related to your allegations which are summarized as follows: Allegation 4: Burke participated in an inappropriate conversation regarding anal sex with Capitol of?ce staff. Based on the interviews with witnesses and a review of relevant documents, the investigation determined this allegation was substantiated, that is, it is more like than not that the facts alleged did occur. Based upon this ?nding, remedial action will be taken designed to prevent future occurrences of such conduct. Your participation in the investigation of your complaints is appreciated. 05 1a . Human Resources California State Assembly n.3? Pn'nfed on Recycled Paper E?egielz?ure (Assembling 33111125 ROOM 3016 STAT-E CAPITOL PO. BOX 942849 SACRAMENTO. CALIFORNIA 94249-0115 TELEPHONE: (916} 319-2800 February 23, 2017 The Honorable Autumn Burke State Capitol, Room 5150 Sacramento, CA 95814 Dear Assembiymember Burke: The investigation of complaints made against you has concluded. This letter memorializes our meeting today, during which we reviewed the allegations investigated by an outside, independent attorney, Jennifer Shaw of Shaw Law Group, PC. Ms. Shaw made factual ?ndings related to the allegations which are summarized as follows: Pn'nled on Recycled Paper Altegation 4: You participated in an inappropriate conversation regarding anal sex with Capitol of?ce staff. Based on the interviews with witnesses and a review oftelevant documents, the investigation determined this allegation was substantiated, that is, it is more like than not that the facts alleged did occur. This ?nding is based on your admission that you participated in such conversation. Based upon this ?nding, today we have discussed the inappropriateness ofsuch conversations in the workplace, and i reiterated the need to maintain a professional environment in the office at all times consistent with Assembly polices. in conclusion. 1 remind you that the Asst'mbly Rules Committee strictly prohibits retaliation. It in the future you believe anyone is retaliating, or has retaliated against you because ofyour participation in this investigation please notify me. immediately. On the other hand, you may not retaliate against anyone who you believe participated in this process. Finally, ifyou believe anyone else who may have participated in this investigation has become a victim ol~ retaliation because of their participation in this process, please notify me immediately. Sincerely os tit M. herry Human Resources 'rector California State Assembly Assembly Rules Committee - Human Resources Of?ce Date of intake interview: 2 10 201 Com ?lainant: Of?ce: Position Held: HR Staff Person: Liz Foster Nature of Com 1112 .riate Comments made Sean Doh Please describe your complaint and what happened: ?l'hls hap Jened on .?xi?onda~ (l?e we and - and, 86.111 U-whsi'ty were all present 'l?hnt day I was earn 1g black tights (thlel: and-not see th rou 11nd an mer the luzec and 31.1.15th neck. sweater IV was ?rompletelv covered. It my; talking tohabuut .1 hole my by the knee area and Sean Laid ?oh well you look better now than you haw: you haw been here. I prefer you to wear sheer panty hose." I what are panty hose? 11-: and "you don?t lmow what panty hose are? prefer you to wear sheer: pant},- hose instead of those." I was shocked and I didn?t know It was not som-zthm he; should be saying. I was shocked rind didn?t understand he would Say that Later commented. when Sean?s door was closed. "that ts not? 01: For him to my that to you. understand if my skirt as too short he could say 1t was not appropriate, he could 83? If my skirt was. too short but not. that I should wear sheer tights and not that I looked better now than before, 1t was offenswe. 4/25/17: -rctm:ncd my call and I that I couldn?t tell her what actxon was, the appropriate whom had been taken in rc-latmn to conccm ?Wth Scan Dnher'ty. I asked her how was. going, 4nd she 32nd all 213 xx CH. I be: to contact me if cams up in the future. thanked me for mv time Assembly Rules Committee Human Resources Of?ce Note to File Date: I April 18, 2017 Employed?: Sean Doherty (Doheny) Office: AD 26 Capitol Office job Title: Chief of Staff HR Staff Person: Liz Foster I Issue Description: Feedback I advmed Doherty that a concern had been brought Forward tegardmg :1 statement he rmde the of?ce. To pmtect the of the person who came foxward 1 ad: need him he should not make assumptions as to who may have mused the concern I shared that the statement the employee uzported was prefer you to near shear: pmty hose? and It made an employee. uncomfortable Doherty lI?I?l?lCd'?tfly responded that. he did not make the; Statement and I was W?llL ome to Lutemew staff In of?ce who would support that he did not make the stat. ment. I responded that we had not mteDIewed staff In his of?ce. That for a smgle Comment of HMS nature we had determme?d. that speakn'm wtl?l turn and hun feedback course of action. Assembly Rules COmmittee Human Resources Office Note to File Date: 5,2017 10 Of?ce: Ob Title' HR Staff Person: Tasha Chen Issue on: . Com re 1 Chief of Staff, Sean Doh I had a talk with o'can because he had a hablt of hitting us on the shouldexs It seemed la ful but it bother moved to verbal insults He ?sked her 1f 51.1e was sexual active wither boyfriend. He said Ifyouweren?t such tohaxe a real bo mend, Then he said he was kid 1 He told her you would rather fuck your boyfriend, than come. To work (llalifntnia i?egislature (Assemhlg ?11125 anmmiftee ROOM 3016 STATE CAPITOL PO. BOX 942849 SACRAMENTO, CALIFORNIA 94249-01 15 TELEPHONE: (916) 319-2800 May 8, 2017 Sean Doherty Dear Mr. Doherty: This letter serves as noti?cation that your at-will employment with the California State Assembly will be terminated effective May 10, 2017. You are not permitted to return to the of?ce after today. To ensure that there is no misunderstanding, this letter explains in detail both your rights and obligations and those of the Assembly upon termination of your employment. Your employment with the California State Assembly will end effective May 10, 2017. Thereafter, you will no longer be an Assembly employee. Your ?nal wages will be mailed to your home address via overnight delivery on May 10, 2017. This payment will constitute all of your ?nal wages including your earned and unpaid salary, together with any unused vacation, and two ?use or 1056? personal holidays to be applied on the dates of May 9, and 10, 2017. You also will receive continued medical, dental, and vision care bene?ts until June 30, 2017. In the next few weeks, the Assembly will send you a separate letter regarding your ability to continue your benefits at your own expense pursuant to COBRA (29 USC sections 1161 et seq.). You may also remit claims for any out-of-pocket expenses incurred through May 10, 2017 which are eligible for reimbursement under the Assembly?s Flexible Bene?t Program. Outstanding claims for expenses must be ?led with the program administrator within 90 days of your separation of employment. To ensure you are aware of bene?ts potentially available to you through the Employment Development Department (EDD), I have enclosed a copy of an EDD brochure entitled ?For Your Bene?t: California Programs for the Unemployed.? Please retmn all Assembly preperty, including your identi?cation card and copies of of?ce keys, to the Assembly Rules Committee as soon as possible. or? .p Please be reminded that your leaving office statement (Form 700) must be ?led with the Fair Political Practices Commission no later than 30 days after your separation of employment. Failure to do so may result in substantial penalties. A copy of the Form 700 is enclosed and available online at w.fpp_c.ca.gov. Any future inquiries regarding your employment with the California State Assembly should be directed to the Assembly Payroll Of?ce at (916) 319-3700. Sincerely, '1 U?ua 1Y1. Human Resources Director California State Assembly Enclosures Assembly Rules Committee - Human Resources Of?ce Note to File Date: 11617 EmploLeds): Of?ce: ob Title: HR Sta? Person: Tosha Cherry, Human Resources Director Issue Description: Com lain? 3mm ?pedm eyes, ens mm (Appropriations) He was always a hugger. But then they became tight hugs with his body pressed a ainst me. They were longer and tighter hugs. He would come into my of?ce for hugsh He came in one day and said, ?Hey sweetie.? He nuzzled his head in my neck and smelled my hair. Then he whispered in ear, ?You smell so good.? He looks over my shoulder and says, ?Your butt looks so goodh? The man leaves and-asked me if I?m okay. He told me, this has to stop. My phone rang and it was that person. He whispered in the phone and said, I can still smell you on me. I responded that I must have too much perfume on me and I hung up. It?s Pedro Reyes. ?alifntniu gegislaiure (gambit; ?nies? Quarantine SACHAMENTD. CALIFORNIA 91249-0115 TELEPHONE: (91 8) 319-3300 To. Pedro Reyes, Chief Consultant From: Tasha Cherry, Human Resources Director Date: November 20, 2017 Re: Workplace Conduct The purpose of this memo is to document our recent discussion on November 15,. 2017, whereby we discussed complaints 1 received from employees regarding your inapproyriate conduct. it was reported that you hugged several employees in a manner which made them feel uncomfortable. it was also reported that you made Inappropriate comments about an individual's appearance ina .sexiially suggestive-way that made them uncomfortable. During our meeting, you were apologetic and you explained that you recently ceascd hugging coworkers alter a colleague hmught it to your attention. Thank you for acknowledging that this. behavior could make others uncomfortable and agreeing to cease interactions and communications that have made others feel uncomfortable with employees going forward. Please be reminded of. the following provisions of the Personnel Pol-icy Manual. for Assembly employees: I. General Personnel Policies Section. 3: Equal. Employment Opportunity and Harassment, Discrimination and Retaliation Prevention Policy TheAssembly's policy prohibiting harassment applies to all persons involved in the operation of the Assembly. The Asembly?s harassment prevention policy also applies to unpaid mterns, volunteers. person-s providing services pursuantto a contract, and other persons. with whom you come into contact while working. Prohibited harassment includes. but is not limited to. the followmg: Verbal harassment, Such as epithets; derogatory jokes or comments; slurs; innuendos; questions about a person?s scrotal prach'ces and, propositions ?or requests for Sexual, favors. written harassment, such as Suggestive, obscene, or derogatory notes. letters, e-mails, text messages, or social media postings or messages. . Visual harassment. such as derogtory, offensive, obscene or .sexuallym?mted posters. photography, calendars. wards, cartoons, drawings, or gestures: and. display of offensive, sexually-suggestive, or lewd objects 6 Physiml harassment, including assault; unwanted touching contact; latentionally blocking manual movementor interfering with work or movement; and. leerlng or storing; Sexual harassment in the workplace is prohibited by State and fbder'a'l law. and by Assembly policy. The run text of?the AsSembly?s Policy Against Sexual Harassment is attached. You are expected to strictly adhere to all Assembly policies and lie advised'that failure to comply with Assembly policies in the future may lead to further disciplinary action, up to and including- terminati on. The Assembly strictly prohibits retaliation.- This memo serves as noti?cation that any indication of future conductthat is. retaliatory in nature or may otherwise constitute a violation of the policies. will be immediately investigated and, if found'to have basis, may result in termination of your employment Nothing in this cmnnumioation changes the zit-will status that applies to you and all employees of the California State Assembly;