CALIFORNIA LEGISLATURE . ANTI It JNY Ni'll murmurs But-:NNI-zlr TONI G. ATKINS . . Tull \"muxt CIINNIIZ M. ?Wt-?7 JAM-I Limmnn SENATE RULES COMMITTEE KEVIN DE LEON February 2, 2018 Bob Moftitt bob.moflitt@capradio.Org RE: LEGISLATIVE OPEN RECORDS ACT REQUEST Dear Mr. Mof?tt: This letter is in response to your request pursuant to the Legislative Open Records Act (Gov. Code, 9070 et seq.) for records relating to allegations of certain misconduct, including sexual harassment. The records you have requested are exempt from production under the provisions described below. However, the Senate has announced that it will release certain documents from the January 1. 2006, to December 31, 2017, time period related to sexual harassment allegations that have been substantiated against a high-level Senate employee or a Senator for which discipline has been imposed or the allegations have been determined to be well-founded. Within those parameters, the Senate will produce the following documents: (1) Records re?ecting the aliegation made. This can take the form of a letter setting forth the allegation or other document re?ecting the intake of an allegation. (2) Post-investigation records reflecting thelfinai outcome oft/76 investigation. This can take the form of a letter of reprimand or wrap-up letter summarizing the outcome of an investigation. In cases where a matter was resolved without a letter, we are providing other records to indicate the resolution of the matter. Investigation reports and notes are not being produced. Since your request asks for at least a portion of such records, we have enclosed the documents the Senate has decided to produce. Please note that, in all cases, personally identifying information of the accuser and any witnesses has been redacted for privacy reasons. (Gov. Code, 9075 Information unrelated to your request has also been redacted. 0 FLOOR SACRAMENTO. CALIFORNIA 95814?4900 I 191616514120 Page 2 Mr. Mof?tt We are also providing, for the same January 1, 2006, to December 31, 2017, time period, settlement agreements of cases involving sexual harassment allegations against a high-level Senate employee or a Senator, with signature information redacted to preserve personal privacy. (Gov. Code, The settlement agreements are being produced without regard to 'whether the underlying allegation was substantiated Please note we are not generally waiving applicable privileges and statutory exemptions with regard to Legislative Open Records Act requests. In this regard, the Legislative Open Records Act provides that a number of categories of documents are exempt from mandatory disclosure, including? ?[p]reliminary drafts, notes, or legislative memoranda?; ?[p]ersonnel, medical, or similar ?les, the disclosure of which would constitute an unwarranted invasion of personal privacy?; ?[c]orrespondence of and to individual Members of the Legislature and their staff?; ?[r]ecords the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege?; ?[r]ecords of complaints to or investigations conducted Legislature?; and records for which ?the public intereSt served by not making the record public clearly outweighs the public interest served by disclosure of the record.? (Gov. Code, 9074, 9075(a), and Evid. Code, 954.). Some of the records we are providing meet one or more of these exemptions, but are being provided nonetheless to facilitate open discourse cOncerning sexual harassment in the workplace. Sincerely, 2.23.6? Secretary of the Senate Enclosures Explanatory Note To File Entry Dated April 13 2015 HR received a complaint about an incident that occurred to a Senate staffer while working in her member’s office. The Senator entered the office to inquire about paint color in the office. During the discussion about the paint color, the Senator pulled the employee close to him and began to dance and sing a song to her. This interaction was uncomfortable and unwelcome by the staffer in the office. This matter was ultimately concluded with a meeting between the Secretary of the Senate, the Senate’s employment attorney, and the Senator. In summary, the Senator was told he was making staff uncomfortable and that the behavior should not be repeated. Finally, he was reminded about the Senate’s Harassment Policy. Created 2/2/2018 Jensen,Ju?e I I From: Sent: To: Jensen, Julie Subject: Letter Julie, I just received the letter you sent this weekend. Before I send any sort of resignation I would like to know the status of my harassment complaint that I had shared with - and told he?d report to HR because I was uncomfortable doing so. Please advise. ThankS, Sent from my iPhone q/lg/?g Luff/jgg?ca I I?ug .IMMFFI I IIMML 86 ?id 7/ Em?? I I 19%? 9% 33* 2&1. :2 December 11, 2015 Jeannie Oropeza, Deputy Secretary California Senate Human Resources State Capitol, Room 500 Sacramento, CA 95814 Dear Ms. Oropeza lam writing this letter for the purpose of reporting a complaint against Stephen Davey. lam including details of the events I witnessed On August we organized a community Outreach event in Truckee. After the event ended, we traveled to a local grocery store. While we were in the store, I witnessed Mr. Davey put his arm around On December I was?at the California International Marathon with Mr. Davey and Other staff were at the event with us as well, though they did not witness this incident to the-best of my knowledge. Mr. Davey put his arm around and stood close to her. was visibly upset by this encounter and was made to feel uncomfortable. After witnessing this behavior unfold again, my concern increased that this may be a pattern of sexual harassment as opposed to an isolated incident. I am compelled to mention that I do not believe Senator Gaines has any knowledge whatsoever of the incidents I have detailed within this letter. I know that?spoke to Senator Gaines in November about Mr. Davey?s general attitude toward her, but she did not address any incidents of physical contact. Senator Gaines discussed that conversation with Mr. Davey, after which told me on the phone on more than one occasion that she felt she was being punished for talking to the Senator. I believe Mr. Davey has not told Senator Gaines the truth when it comes to the workplace environment that he has created in the Capitol office. There have been instances where _has told me over the phone that Mr. Davey has placed blame on her and yelled at her in front of other staff members. Mr. Davey has created a culture where staff members do not feel comfortable speaking with senator Gaines about the workplace environment and of?ce morale. I feel compelled now to ?le this complaint because of the event that I witnessed on Sunday and the fact that others have come forward with information oftheir own. I feared retaliation had I Spoken out on my own. Thank you for your time and for any guidance you can provide as this process moves forward. Please do not hesitate to contact me at ifl can be of any further assistance. Best regards, December'l l, 2015 Jeannie Oropeza Deputy Secretary Senate Human Resources State Capitol, Rm. 500 Sacramento, CA 95814 Dear Ms. OrOpeza: I wish to report a complaint against Stephen Davey. Mr. Davey is current] the Chief of or Senator Ted Gaines. Below is a detailed of whatl have observed On August 4, 2015, Mr. Davey,_, other staff and I attended a ?Community Coffee? event in Truckee. The event ended around 12PM and afterwards we tr veled to a grocery store. While in the grocery store, Mr. Davey put his arm around Though it was only a few moments, it was from facial expressions and verbal statements afterwards that his physical contact was unwelcomed. She has also expressed to me and others that is was not ?rst time. I believe has been repeatedly sexually harassed by Mr. Davey. On multiple occasions,_has called the El Dorado Hills DistriCt Of?ce where she sounded on the verge of tears. When I asked what was wrong would state, ?Steve?s in a bad mood.? After such events, explained that Mr. Davey yelled at her, and was very demeaning in front of her co-workers. It is my ?rm belief that Mr. Davey has lied on multiple occasions to the Senator regarding his actions and decisions. I must also stress that at no time do I believe that Senator Gaines had any knowledge of the events described above. I am aware that did Speak with Senator Gaines regarding Mr. Davey?s demeaning attitude and shouting but did not mention his advances. Senator Gaines did discuss this issue with Mr. Davey which only caused him to be more discreet in his actions toward Mr. Davey has used his authority to create a culture of fear which he uses to intimidate staff to not report information to the Senator or to Senate Rules. I regret that I did not report this sooner yet because of the ?nancial needs of my family and fear of reprisal from Mr. Davey, I hesitated untilothers were willing to do so. Thank you for any assistance you can provide in this dif?cult situation. If you have any further questions, please feelfree to contact me at . Best Re ards VICE-CHAIR SHARON RUNNER ANTHONY CANNELLA CONNIE M. LEYVA HOLLY J. MITCHELL CALIFORNIA LEGISLATURE 0! TH: DANIEL ALVAREZ In -, GAIL LANG JEANNIE OROPEZA BOE Run-nan SHBRON VIOLINI . ASL ISTAAI JANE LEONARD BROWN SENATE RULES COMMITTEE MEMORANDUM KEVIN DE LEON CHAIR DATE: DECEMBER 21, 2015 TO: STEVE DAVEY, CHIEF OF STAFF OFFICE OF SENATOR TED GAINEs FROM: DANIEL SECRETARY OF THE SENATE SENATE RULES COMMITTEE RE: ADMINISTRATIVE LEAVE Effective immediately, you are being placed on paid administrative leave while the Senate Rules Committee continues to investigate and evaluate possible policy Violations that have been reported. Please make sure we have your current address and telephone number(s) should we need to reach you while you are on administrative leave of absence. In addition, you are not to come in to any of Senator Gaines? Capitol or district offices until your scheduled return to work, on January 4, 2016. If the investigation indicates that disciplinary action is warranted, we reserve the right to take further corrective action at the appropriate level of discipline, based on the findings. We encourage you to contact the Employee Assistance Program (EAP). This benefit provides a variety of counseling services to employees at no cost If you have questions, you may contact Jeannie Oropeza, Deputy Secretary of Human Resources, or Julie Jensen, Human Resources Consultant at 916-651-4173. You should not contact any staff while on administrative leave unless specifically instructed by the Senator to do so, and you should not attempt to in?uence anyone regarding the outcome of this investigation. You are prohibited from retaliating against any employee for reporting concerns. Please know that we take the Senate?s anti-retaliation provisions very seriously and thatwe will take additional disciplinary steps, up to and including termination, if you retaliate against any employee. STATE CAPITOL 0 FOURTH FLOOR 0 SACRAMENTO, CALIFORNIA 95814-4900 0 (916) 651-4120 Personnel Action Request (PAR) return completed form to: Senate Rules Committee Human Resources Of?ce 0 State Capitol, Room 500 (916) 651-4173 EMPLOYEE NAME: DAVEY STEVE Last - Middle Enemy: DATE HIRE - - REQUESTED POSITION: Salary: . Office: Capitol CI District . (Sp-div cm Committee: Other: REPLACING (If applicable): CHANGE TRANSFER FROM ANOTHER LEGISLATIVE OFFICE CURRENT POSITION: Salary: REQUESTED POSITION: Salary: Office: El CapitOl [3 District (specify 01y) Committee: . Other: REPLACING (If applicable): LEAVE-0F ABSENCE (first day on leave)- Check One: General LWOP [j Maternity/Parental FCML Military DATE EMPLOYEE RETURNED -- Check One: General LWOP [j Maternity/Parental FCML El Military TIME-BASE. CHANGE: from to Only . BLOCK GRANT ALLOCATION: Of?ce Pei; Amount: One Time Only Delete uof- 2 8 16 TERMINATE EMPLOYMENT (last day on payroll) a Leave usage for month in which termination occurs: VAC SL P.H. Transfer to: Assembly State Dept: Specify number of VAC hours to be transferred (agency limit may apply): COMMENTS: SIGNED: OFFICE: . SENATOR TED GAINES QC: REQUEST ONUNE: LSCD: VICE-CHAIM JEAN FULLER IBABXILS ANTHONY CANNELLA CONNIE M. LEYVA HOLLY J. MITCHELL CALIFORNIA LEGISLATURE AECIHARY OF rut SENAII DANIEL ALVAREZ LANG JEANNIZ Onopnu- Boa Runway. Saznoh? Vmum ASSISTANT JANE LEONARD Baovrs KEVIN DE LEON August 17, 2015 0mm Mr. Rod Grossman Dear Mr. Grossman: This is an official letter of reprimand being issued to you for misconduct. It also documents other issues of misconduct, and behavior not becomin of a DireCtor of Information Technolo so engaged in an inappropriate conversation with a co?worker about the way she was dressed. This letter also responds to an issue you brought to the attention of Jeannie Or0peza Deputy Secretary of Human Resources and Julie Jensen, Human Resources Consultant related to your office move relocation. Mr. Rod Grossman August 17, 2015 Page 2 Office Move/Relocation: On April 20, 2015, you met with Jeannie Oropeza and Julie Jensen. You explained that ou were movin (1 boxes. The move was being coordinated and in following protocol you made the request for boxes to The boxes were not delivered to you as requested. You discussed You . ropeza an s. ensen to conduct an investigation as to why - did not want to work with you. an incident that Facilities Photo Shoot: As a matter of happened between you and during the newsletter photo shoot in April 2014. staff had gathered to ave a group photo taken for an upcoming newsletter. You reported that you Were-standing next to and when the group was told to get closer together, you leaned in and touched her shoulder with your shoulder. You recalled that overreacted and made a ?big deal of it? stating-?l hate it when you touch me like that.? - claimed that you were standing behind her and placedyour hands on her shoulders. Witnesses stated they did not see what had happened but remembered reaction. . . ckground, ou br In a follow-up mee tin with ou on April 27, 2015, Ms. Or0peza and Ms. Jensen informed you that? stated that she is not comfortable working with you. She avoids contact with you because of the -photo shoot and the Mr. Rod Grossman August 17, 2015 Page 3 inappropriate way you have looked at her in the past. Both you and confirmed that since the photo shoot incident you have stayed away from each other. Conversation about Clothin It was re 0 de inappropriate comments about the way was dressed. Your response was that you a out her clothes because you noticed she had been dressing more professionally. However, you commented to her that the dress she was wearing that day was ?provocative? because it was "bunched up at the bottom and more fitted.? Your comments to - were inappropriate and presented an unprofessional image to those who a to witness it. It also made for an uncomfortable work environment for your coworkers. You must avoid repeating mistakes such as the ones discussed in this letter; I trust that this letter serves to resolve this matter and that you will strive to work cooperatively and professionally as Director of Information Technology. Another breach in our confidence in your expected behavior as a Director will result in immediate termination. The serious nature and totality of these issues is grounds for immediate termination.- Nevertheless, we are going to give you one final chance. However, to emphasize the gravity of the issues, we?are su5pending you for two weeks without pay, effective August 18, 2015 through August 31, 2015. The Senate Rules Committee hopes that you will take this action seriously. In addition, I want to remind you that you cannot retaliate against any witness who participated in this investigation. A copy of this reprimand will be placed in your of?cial personnel file. Em; -"Sweetheart", "baby', 'beautiful' Wednesday. December 22) 2011 . He grabbed my arm and said "sweetheart that's ourjob" intimidating way (archiving bills project). Told - what happened in front of _and he called into his of?ce in which he told him directl it we left it behind. He did not address the sweetheart part. y, not my proiect, an a . Had lunch with him at Asuka. I thought everyone else was going but they bailed. Didn't want to look like I'm not a team player and iustwent anyways. He said have to break up with this girl because she complained that I hurt her because my dick's too big" 0 Proof reading fact sheet for a bill, he said "you're so beautiful, if you were into black men I?d be all up on you" Friday, Breakfast I . he talked about how he needs to lose weight. He talked about how his dick gets smaller by half an inch per of being ovemeight. . Fridav. March 25. 2011 . Friday, break, he talked about how he wouldn't date a woman who was below him career wise Girls went . . ack to work, I headed back to of?ce and he followed saying he was going to follow me so i suggested being in boss's of?ce so that I would not be alone in my small of?ce with-no one in sight. . mentioned he didn't know if I'm like-. she went to rules instead of working things out internally Said have a special relationship with boss; Said members and staff members have made jokes about how I got my lot). implying I did something to get my Job. I asked him who, he then said that when he sees me with boss he feels he needs to walk away. It looks like I'm involved with boss. . I walked away, he came into my of?ce saying that I'm mad,'l told him I'm pissed. i work like a dog for boss and that's why we communicate well because he respects me and him. 0 He then said "i want to see you in my of?ce when you are done with that", I said Hygothesis: . Think he's trying to protect himself from getting ?red. Using the sexual harassment, if your environment makes you feel uncomfortable clause Devalued everything I've done. Juggle -Job and mine work like a and that's wh boss i Pissing all over everything I worked so hard for. 09 an get along well. Friday, April 1, 2Q11 Got a full nights rest, starting to feel back to normal feeling in feet rising. This again! return completed form to: Senate Rules Committee Human Resources Of?ce 0 State Capitol, Room 500 0 (916) 651-4173 EMPLOYEE NAME: hm ERIC . Last . First Middle NEW HIRE REQUESTED POSITION: - Salary: Office: Capitol District . (Spemy City) Committee: Other: REPLACING (If applicable): CHANGE TRANSFER FROM ANOTHER LEGISLATIVE OFFICE CURRENT POSITION: LEGISLATIVE Salary: $6146.00 (E) REQUESTED POSITION: LEGISLATIVE DIRECTOR Salaryzm Off' Ca itol trict Ice IS my) Committee: Other: REPLACING (If applicable): I LEAVE OF ABSENCE (?rst day on leave) Check One: General LWOP {j Maternity/Parental FCML Military . . DATE EMPLOYEE RETURNED Check One: El General LWOP Maternity/Parental FCML Military TIME-BASE CHANGE: from 96 to 96 Personnel Use Only 4 I BLOCK GRANT ALLOCATION: Of?ce hilt Amount: Monthy 1] One Time Only Delete up! 4 6 15/ ll TERMINATE EMPLOYMENT (last day on payroll) h" Leave mfor month in which termination occurs: Days SL 9 Days P.H. 0 . Transfer to: Assembly State Dept: Specify number of VAC days to be transferred (agency limit may apply): COMMENTS: EXTEND 0N PAYROLL USING ACCRUED VACATION THRU 7/12/11 (PARTIAL THEN TERM. SIGNE- 7 OFFICE: ON LINE: at; Lu?: W?i/wW/a - I I SENATE RULES COMMITTEE APPROVAL Datej/ll/V FAX RULE . al?CD: REQUEST E'lscv Page I ofl From: "Schmidt, Greg" Date: Wed, 18 Nov 2009 15:14:00 -0800 To: Dresslar, Subject: serious allegations regarding behavior in the Of?ce that involve the Senator and refuses to go back there in the presence ofthe Senator. Because she has ?led a formal complaint, we will have to conduct an investigation. 11/18/2009 CALIFORNIA LEGISLATURE SECRETARY OPTI-IESENATE SAM AANESTAD GREGORY SCHMIDT DEPUTY SECRETARIES MEMBERS JERRY WOOLIEDGE GILBERT CEDILLO SHERON VIOLIN, ROBERT DUTTON DINA HIDALGO JENNY OROPEZA GLENDA SMITH COMMITTEE ASSISTANT JA NE BROWN SENATE RULES COMMITTEE DARRELL STEIN BERG CHAIR April 6, 2010 CONFIDENTIAL The Honorable Roderick Wright State Capitol Building, Room 5064 Sacramento, CA 95814 Dear Senator Wright, As we have discussed personally, the Rules Committee staff has conducted and completed an investigation into allegations made by'a former member of your staff that included claims that you and members of your Capitol of?ce staff engaged in coarse and vulgar language including words and phrases that need not be repeated in this letter. The claim, ?led in November, also reported that two entertainment videos, one musical and the other part of a ?def poet? series, were shown in your Of?ce to staff and some lobbyists. Finally, the claim cited one isolated incident of an angry work related reprimand which included profanity. To your lasting credit, these allegations as described above were not denied even though some of them would not have been veri?able without your account. As a result, the staff report presented at the March 24, 2010, executive session of the Rules Committee concluded that your personal conduct violated the Senate?s strict policies and practices concerning respectful behavior. Consequently, all of the Rules Committee members present, including me, determined that a stemly worded admonishment from the Committee was required. This letter should be regarded as such. As our training of Senators and staff emphasizes each session, words in the workplace have meanings and impacts beyond what those same messages would have in the media or in our private lives. Especially where Senators are concerned, we are deeply STATE CAPITOL . FOURTH FLOOR . SACRAMENTO, CALIFORNIA 95314-4900 . (916)651-4120 Letter to Senator Roderick Wright Tuesday, April 06, 2010 Page 2 concerned that coarse and vulgar language, while perhaps not intentionally, may have the effect of offensiveness, intimidation, or cause subordinate staff to emulate the language to' the detriment of this institution and, in some instances, to the harm of individual employees. An additional impact, of course, is the creation of liability or of the expense of litigation which can arise from such language whether or not such litigation is warranted. As you know, in this situation, the complaining employee retained legal counsel to press a lawsuit against you as well as the Senate itself. Again to your credit, you worked with our Rules staff to protect the complaining employee from retaliation and to facilitate her requested transfer to a job within the Senate with equivalent compensation and duties. Thus, we have avoided lasting harm from being suffered by this employee. Nevertheless, we expect considerable costs to be incurred in resolving the matter. This kind of problem is entirely avoidable by a strict adherence to the highest standards of language comportment in dealing with staff. So as not to confuse the issue, the Senate Rules Committee has not found that your conduct constituted harassment of this employee as that term is defined by law. Instead, the report concludes that a number of thespeci?c claims of coarse and vulgar language occurred as has been confirmed by you and members of your staff. This behavior contradicts the important policies and practices of this House. In addition to a stern admonishrnent, please regard this letter as a direct instruction from the Rules Committee to avoid any such language and behavior in the future and to assure that your staff does the same. Also please be informed that your staff has been instructed to report any future violations directly to Ms. Dina Hidalgo, our Deputy Secretary for Human Resources, who will intervene immediately with the full support of the Rules Committee itself. Thank you for your cooperation with the fallout from this problem and have every confidence from my discussion with you that these lapses in judgment will not be repeated. Sincerely, VICE CHAIR SAM BLAKESLEE . . . ?ingmlafure mr?gumi'iaius . TOM AMMIANO . TED GAINES 3225035353.: @nmrm?mz rm ?11125 SACRAMENTO. CA 94249-0115 smg?h? 3:32:50? TED W. LIEU TOM TORLAKSON I IR MARIKO YAMADA . . MIKE DAVIS (DxAli) Via Hand Dellvery JIM NIELSEN June 22, 2009 Dear-z Jennifer 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 ators looked into your allegations that-While you were at a local staf?ng on the evening of April 29, 2009, Mr. Bocanegra 1) made inappropriate and unwelcome physical contact with you, and 2) made inappropriate and unwelcome verbal remarks to you. During the course of their investigation, Ms. Shaw and Ms. Schroeder interviewed you, Mr. Bocanegra, and 13 other individuals identi?ed by you, Mr. Bocanegra, or others. This letter serves as con?rmation of our meeting on June 22, 2009, with Lynda Roper, the-Assembly?s Deputy Administrative Of?cer, 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. The investigation showed that Mr. Bocanegra did not 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 is more likely than not that Mr. Bocanegra engaged in behavior that nighthiCh does not meet-the Assembly?s expectations for professionalism. You told the investigators that the remedies you were requesting were that 1) Mr. Bocanegra would be prohibited from attending work-related social events that involve alcohol, and 2) you do not want to see him at work or social events you are required to attend because of your position with 0 can. Printed on Recycled Paper Mr. Bocanegra will be instructed not to communicate 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 additional appropriate action to help ensure there are no recurring issues. While the Assembly Rules Committee has expectations that staff conduct themselves professionally outside 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. I am therefore asking your assistance in immediately notifying Lynda Roper, Dina Hidalgo, 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 process. Sincerely, - dministrative Of?cer California State Assembly cc: Dina Hidalgo Senate Director of Personnel fax from mbm?mb' "rim-W 13sz Pg: Ventura County Republican Party 3625 E. Thousand Oaks Boulevard Suite 259 Westlake Village, Ca 91362 March 27, 2007 To Whom It May Concern: I am writing this letter because I have very serious concems about Senator Tom McClintock?s District Of?ce, and some actions that may likely affeCt all Republican legislators in California I was an intern. at Senator McClintock?s District Office in Thousand Oaks, and a couple of weeksago I was contacted by a reporter who was asked me a number of questions about and about his District, Director, Joe Giardiello. The reporter told me that he was calling regarding allegations of a . hostile work environmentmadc by a former employee. I admit I am new to this ?eld, 'and so naively answered this person?s questions, not realizing atthe time the potential outcome of doing so. After talking to my parents, I realized that this reporter (assuming that he was a reporter with the LA Times, as he stated) had thrown quite a bit :of information at me- with hopes, possibly, that semething would injure .us Republicans. He seemed to be looking for any negative information he'could ?nd on Tom McClintock and his staff. I am writing this letter because I am adie-hard Republican and I am very concerned about the devastating effects that certain infonnati?on may have on the future of Senator McClintock?s career as well as the Republican Party in general. I feel it is important to disclose the truth about my eXpericnce as an intern to let everyone know what really happened. My comments are re?ections of my direct experience, and conversations I directly overheard at the District Of?ce, as well as conversations I have had with two other interns since my time at the of?ce ended: rax from 3 83?38'8? 28:88 4. Giardiello?s behavior was erratic and he was prone to violent outbursts, both . 60-00 physical and verbal. He would yell and make very inappropriate cements to his Staff. I heard him speak in a belligerent, derogatory manner to the women in the of?ce on more than one occasion. I also witnessed sexual remarks and offensive sexual jokes made at the expense of constituents and coworkers. I also witnessed more'than one occasion where he put staff members in a variety of compromising situations. will be honest, .I always knew something didn't quite seem right about any of what l?ve described, but it wasn?t until I gained experience in other legislative and government environments that I realized that the Thousand Oaks District Of?ce was run very differently than other o?i ces. Merely serving as an intern, I am sure the knowledge I possess only scratches the surface of Mr. Giardiello?s behavior.-I could not answer half of the reporter's questions at all. The reporter also asked me if the Senator also engaged in many of the activities that he asked about Mr. Giardiello. I can say with certainty that during my time, Senator McClintock was very busy at the. Capitol Of?ce. and would be very surprised if he had knowledge of Mr. Giardiello?s behavior. Also, I would like to say that overall, my experience at the Thousand Oaks O?ice was a positive one. The staff members I dealt with did their best to do a goodjob and provide a valuable experience for myself as well as the other interns I?ve spoken with. I am just trying to do my best to see that the wrong people do not get hurt in this situation or that one man?s indiscret'ions to not create a problem for all Republicans. . have struggled with the idea of Signing this letter. I know a name would surely bring credibility to the statements I have made, but I hopefully have a bright future ahead of me that I cannot compromise, and my parents thought this was the best means to handle the situation. This is the best I can offer, and I hope you take this information seriously, because the reporter who called me will. Sincerely yours, Concerned and Dedicated Republican PERSONNEL ACTION (PAR) return completed form to: Senate Rules Committee Personnel Office 0 State Capitol, Room 400 EMPLOYEE NAME: Giardello, Joe Last First r; :75 i --. . -. NEW EMPLOYEE MAY 0 9 2007 Replacing: (if lapplicable)i ?m REQUESTED PosmON: seam: Of?ce: Capitol DistrictEI (Specify City) Committee Other I CHANGE A TRANSFER TO ANOTHER LEGISLATIVE OFFICE CURRENT POSITION: Salary: Office: Capitollj DistrictE] (Specify City) Committee Other REQUESTED POSITION: Salary: Office: Capitol District CI (Specify CW) Committee Other LEAVE OF ABSENCE (last day on payroll) Check One: General Matemity/Parental CI Family/Medical RETURN FROM LEAVE (first day on payroll) Check One: General Maternity/Parental CI Family/Medical I TIME-BASE CHANGE: FROM BLOCK GRANT ALLOCATION: Office: Amount: CI One Time Only CI Delete 3 3.1/ 07 EMPLOYMENT (last day on payroll) Vacation sick leave usage for month in which termination occurs. VAC: Transfer to (Agency); Transfer VAC Days Days SL: Days COMMENTS: SENATE RULES COMMITTEE APPROVAL Date L619 OFFICE: Senate miles 8 PP: ON LINE: . LSCD: AGREEMENT AND GENERAL RELEASE This Agreement and General Release (?Agreement') is made and entered into by and between FAHIZAH ALIM and RODERICK WRIGHT, INDIVIDUALLY, AND AS SENATOR, 25TH DISTRICT, SENATE RULES COMMITTEE, CALIFORNIA STATE SENATE, STATE OF CALIFORNIA, DOES 1-25, ANDTHE CALIFORNIA STATE SENATE, THROUGH THE SENATE RULES COMMITTEE RECITALS WHEREAS, ALIM is employed by THE and WHEREAS, ALIM alleges claims of sexual harassment and other related aHega?ons;and WHEREAS, ALIM and THE SENATE, in order to avoid the costs, uncertainty, and operational burden of a further dispute, desire to settle, fully and ?nally, all of alleged claims against THE SENATE as well as any such alleged claims against any current or former Senators, officers, agents, consultants, attorneys, and/or employees (hereinafter ?agents"), and in no way limited to claims described or raised at the time of this Agreement; NOW THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows: 1. Effective Date. The Effective Date of the Agreement shall be the date on which ALIM and her attorney and THE Director of Personnel, Dina Hidalgo, and counsel for THE SENATE, sign this Agreement. 1 2. Consideration. THE SENATE, within thirty (30) days of the execution of this agreement by both parties shall with best efforts provide to ALIM the following consideration: the total sum of 0 . 3. Covenant Not to Sue. ALIM represents that neither she, nor anyone acting on her behalf, has now pending any administrative agency claim or charge or complaint in civil litigation against THE SENATE or its Agents or the present or former agents or employees of any of them with any state or federal agency or court. ALIM agrees that neither she nor anyone acting on her behalf will assert or advance any such claim, charge or complaint, arising in whole or in part out of any act or omission occurring on or before the date she executes this Agreement. 4. Release of All Claims by ALIM. As a material inducement to THE SENATE to enter into this Agreement, ALIM hereby irrevocably and unconditionally releases and forever discharges THE SENATE and all persons acting by, through, under or in concert with THE SENATE or its agents from any and all charges, claims, liabilities, obligations, promises, grievances, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, known or unknown, which ALIM may now have or has ever had against THE SENATE or its agents arising from acts or omissions occurring. in whole or in part, on or before the Effective Date of this Agreement. This Agreement specifically covers, but is not limited to, any and all claims arising from or related to employment with THE SENATE, all Claims and Causes of Action, including but not limited to claims under the California Constitution, federal, state, or local laws prohibiting employment discrimination, harassment or retaliation (among others, Title VII of the Civil Rights of 1964, as amended by the Civil Rights of 1991, 42 U.S.C., ?2000e, et seq., the California Fair Employment and Housing Act, Cal. Gov?t Code 12940, et seq., the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.), and federal, state or local laws pertaining to leaves of absence (California Family Rights Act, Cal. Gov?t Code 12945.2, et seq.), any claims alleging defamation or harm to personal reputation, or under any applicable wage and hour law or anti-retaliation law, including, but not limited to, the California Labor Code and the Fair Labor Standards Act or any law, regulation, or ordinance whatsoever, or any claim whatsoever. 5. Waiver of Civil Code Section 1542. ALIM expressly waives and relinquishes any rights and benefits afforded her by Section 1542 of the California Civil Code and does so understanding and acknowledging the significance and consequences of such a waiver. Section 1542 of the California Civil Code states as follows: general release does not extend to claims which the creditor does not know or suspect to exist in her favor at the time of executing the release, which if known by her must have materially affected her settlement with the debtor.? Thus, notwithstanding the provisions of Section 1542 and for the purpose of implementing a full and complete release and discharge of THE SENATE and its agents as set forth in Paragraph 5 above, ALIM expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims, causes of action or grievances against THE SENATE or its agents which she does not know or suspect to exist in her favor at the time she executes this Agreement, and that this Agreement contemplates the extinction of any such claim, cause of action, or grievance. 6. Attorneys? Fees And Costs. It is agreed by the parties and their attorneys that ALIM and THE SENATE will each be responsible for paying their own respective attorneys? fees and costs incurred in connection with this matter. 7. Voluntary Agreement. ALIM expressly warrants that she has been supplied with, has read and has had an opportunity to discuss the terms of the Agreement with legal counsel of her own choosing and further warrants that she fully understands the content and effect of this document, approves and accepts the terms and provisions of this Agreement, agrees to be bound thereby, and signs the same of her own free will. ALIM agrees that in signing this Agreement, she has not relied on any representation not set forth herein. The parties agree that because the terms of this Agreement have been fully negotiated by legal counsel for the parties hereto, the statutory presumption regarding interpretation against the drafter of any agreement does not apply. ALIM further acknowledges that she enters into this Agreement freely and voluntarily and is not acting under coercion, duress, menace, economic compulsion, nor is she entering into this Agreement because of any supposed disparity in bargaining power; rather, she is freely and voluntarily signing this Agreement for her own benefit. 8. Modification. Any modification of the terms of this Agreement must be made In writing and signed by all parties to this Agreement A LJ MM WSMOOIVQD 95 9. Severability. This Agreement is made and entered into in the State of California and shall in all respects be interpreted and enforced in accordance with California law. Should any provision of this Agreement be declared or be determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term, or provision shall be automatically conformed to the law, if possible, or deemed not to be a part of the Agreement, if not. PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN OR UNKNOWN CLAIMS. Dated: April g, 2010 Dated: April 8, 2010 APPROVED AS TO FORM: 0 Dated: April 2010 APPROVED 8 TO FORM: Dated: April 2010 By: FAHIZAH ALIM CALIFORNIA STATE SENATE 0W, roug ae Rules Committee 4n. mummy: Attorneys for FAHIZAH ALIM LAW OFFICES OF JOHN ADKISSON THE CALIFORNIA TE, THROUGH THE SENATE RULES COMMITTEE CONFIDENTIAL AGREEMENT AND GENERAL RELEASE - This Con?dential Agreement and GeneralRelease (?Agreement?) is made and entered into by and between ALLISON BONBURG and the CALIFORNIA STATE SENATE, THROUGH THE SENATE RULES COMMITTEE RECITALS WHEREAS, formerlylemployed by THE and WHEREAS, BONBURG has asserted the contention that she possesses certain rights and claims as a result of her employment with THE and WHEREAS, THE SENATE denies the existence 0f any and all claims and denies that THE SENATE has in any way acted contrary to law with reSpect to and WHEREAS, BONBURG and THE SENATE, inorder to' avoid the costs, uncertainty, and operational burden of a further dispute, desire to settle, fully and ?nally, all of alleged claims against THE SENATE as well as any such alleged claims against any current or former SenatOrs, officers, agents, consultants, attorneys, and/or employees and in no way limited to claims described or raised at the time of this Agreement; NOW THEREFORE, in consideration of the mutual promises herein contained, and without admission of any liability or potential liability of THE SENATE, the parties agree as follows: 1. Effective Date. The Effective Date of the Agreement shall be the date on which BONBURG and her attorney and THE Director of Personnel, Dina Hidalgo, and the Senate?s attorney, sign this Agreement. 13435691 2. Sonsideration. THE SENATE with best efforts shall provide to BONBURG the following consideration to which, but for this Agreement, BONBURG would not be entitled: the payment of $70,000 in a single lump sum made payable to the Allred, Maroko Goldberg Trust Account (Tax ID #95-3 76066). In addition, the SENATE shall provide BONBURG with a COpy of her entire personnel ?le. THE SENATE represents that said ?le contains no reference to any investigation. 3. Waiver of Re?Employment. agrees that by her signature on this Agreement, she promises not to seek or accept future employment with THE SENATE. The Rules of THE SENATE, in it sole and absolute discretion, may waive this provision. 4. Covenant Not to Sue. BONBURG represents that neither she, nor anyone acting on her behalf, has now pending any administrative agency claim or charge or complaint in civil litigation against THE SENATE or its Agents or the present or former agents or employees of any of them with any state or federal agency or court. BONBURG agrees that neither she nor anyone acting on her behalf will assert or advance any such claim, charge or complaint, arising in whole or in part out of any act or omission occurring on or before the date she 'executesthis Agreement. 5. Release of All Claims by BONBURG. As a material inducement to THE SENATE to enter into this Agreement, BONBURG hereby irrevocably and unconditionally releases and forever discharges THE SENATE and all persons acting by, through, under or in concert with THE SENATE or its agents from any and all charges, claims, liabilities, obligations, promises, grievances, agreements, controversies, damages, actions, causes of action, suits, rights,- demands, costs, losses, debts and expenses (including attorneys? fees and costs actually incurred), of any nature whatsoeve?, known or unknown, which BONBURG may now have or 13435691 has ever had against THE SENATE or its agents arising from acts or omissions occurring, in Whole or in part, on or before the Effective Date of this Agreement. This Agreement speci?cally covers, but is not limited to, any and all claims arising ?om or related to employment with THE SENATE, all Claims and Causes of Action, including but not limited to claims under the California Constitution, federal, state, or local laws prohibiting employment discrimination, harassment Or retaliation (among others, Title VII of the Civil Rights of 1964, as amended by the Civil Rights of 1991, 42 U.S.C., 2000e, et seq., the California Fair Employment and Housing Act, Cal. Gov?t Code 12940, et seq., the Americans with Disabilities Act, 42 U.S.C. 12101 et federal, state or local laws pertaining to leaves of absence (CalifOrnia Family Rights Act, Cal. Go'v?t Code 12945.2, et seq), any claims alleging defamation or harm to personal reputation, or under any applicable wage and hour law or anti- retaliation law, including, but not limited to, the California Labor Code and the air Labor Standards Act or any law, regulation, or ordinance whatsoever, or any claim whatsoever. 6. Waiver of Civil Code Section 1542. BONBURG expressly waives and relinquishes any rights and bene?ts afforded her by Section 1542 of the California Civil Code and doesso understanding and acknowledging the signi?cance and consequences of such a waiver. Section 1542 of the California Civil Code states as follows: A general release does not extend to claims Which the creditor does not know or suspect to exist in her favor at the time of executing the release, which if known by her must have materially affected her settlement with the debtor. Thus, notwithstanding the provisions of Section 1542 and for. the purpOse of implementing a full and complete release and discharge of THE SENATE and its agents as set forth in Paragraph 5 above, BONBURG expressly ?cknowledges th"t this Agreement is 3 13435691 intended to include in its effect, without limitation, all claims, causes of action or grievances against THE SENATE or its agents which she does not know or suspect to exist in her favor at the time she executes this Agreement, and that this Agreement contemplates the extinction Iof any such claim, cause of action, or grievance. 7. Attorneys? Fees. In the event any action, proceeding or claim is brought or asserted by any party hereto to enforce the terms of this Agreement, the prevailing party shallbe entitled to reasonable attorneys? fees and costs incurred. 8. Voluntary Agreement. BONBURG expressly warrants that she has been supplied with, has read and has had an opportunity to discuss the terms of the Agreement with legal counsel of her own choosing and further warrants that she fully understands the content and effect of this document, approves and terms and provisions of this Agreement, agrees to be bound thereby, and signs the same of her own ?ee will. BONURG agrees that in signing this Agreement, she has not relied on any representation not set forth herein. The parties agree that because the terms of this Agreement have been fully negotiated by legal counsel for the parties hereto, the statutory presumption regarding interpretation against the drafter of any agreement does not apply. BONBURG further acknowledges that she enters into this Agreement ?eely and voluntarily and is not acting under coercion, duress, menace, economic compulsion, nor is she entering into this Agreement because of any supposed disparity in bargaining power; rather, she is freely and voluntarily signing this Agreement for her own bene?t. 9. Con?dentiality. The parties agree that they will not hereafter directly or indirectly disclose or in any way publicize the terms or amount of this agreement unless required by law. Similarly, by request of BONBURG, the independent investigator?s report in this matter will not be disclosed unless required by law. id renort is not subject to the Legislative Open Records 1343 569.1 Act as it is an exempt personnel document and will be kept in a privileged, con?dential ?le of the Senate?s attorneys and not in personnel ?le. If asked, BONBURG will respond to requests for information regarding the terms of this Agreement by stating words to the effect that ?The matter has been resolved.? Notwithstanding the foregoing, for legitimate business reasons, BONBURG may disclose the fact of this Agreement and the Settlement Sum to her spouse, accountants, legal counsel, state or federal taxing authorities, or in such other circumstances as disclosUre is required by federal, state, or local statute or regulation. Nothing herein limits the parties? responsibility to respond truthfully if subject to subpoena. 10. Modification. Any modi?cation of the terms of this Agreement must be made in writing and signed ?by all parties to this Agreement. 11. Severability. This Agreement is made and entered into in the State of California and shall in all respects be interpreted and enforced in accordance with California law. ShOuld any provision of this Agreement be declared or be determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term, or provision shall be automatically conformed to the law, if possible, or deemed, not to be a part of the Agreement, if not. 12. Reference Information. In the event of future inquiries to the Senate?s Director of Personnel by any prospective employer, THE SENATE shall only con?rm dates of employment, positions held, and, if asked, her' salary and that BONBURG is eligible for re? hire, and will advise the inquiring individual that no additional information may be disclosed per Senate policy. SuCh promise is conditioned on directing all 'such inquiries to the Senate?s Director of Personnel. 13435691 PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN OR UNKNOWN Dated: June 6 .,2009 - By: ALLISON BONB URG Dated: June 2009 CALIFORNIA STATE SENATE APPROVED AS TO FORM Dated: June 3 2009 ALLRED, MAROKO GOLDBERG By: MIZRAHI Attorneys for ALLISON BONBURG 13435691 APPROVED AS TO ORM: Dated: June ,2009 LAW OFFICE OF JOHN ADKISSON JOHN D. AD SSON Attorneys or THE . CALIF - TATE SENATE THROUGH SENATE RULES COMMITTEE 3 13435691