Senator Bitterly Resigns, Calls Law Firms' Misconduct Probe 'Farcical'
The law firms Gibson, Dunn & Crutcher and Van Dermyden Maddux concluded Sen. Tony Mendoza had "more likely than not" acted in a "sexually suggestive" way toward five employees and a lobbyist.
February 22, 2018 at 05:29 PM
3 minute read
Sacramento State Capitol building on Capitol Way. Credit: Jason Doiy/ Recorder
Sen. Tony Mendoza, the Artesia Democrat who resigned Thursday in the wake of sexual harassment allegations, said he will continue pursuing litigation against the California Senate.
Senators huddled behind closed doors for hours Thursday preparing to expel or suspend Mendoza after a Senate-ordered report prepared by two law firms—Gibson, Dunn & Crutcher and Van Dermyden Maddux—concluded that he had “more likely than not” acted in a “sexually suggestive” way toward five employees and a lobbyist. The Senate released a three-page summary of the findings on Tuesday.
Mendoza has denied any legal wrongdoing, although he apologized Thursday “if my words or actions ever made anyone feel uncomfortable.” In his resignation letter, Mendoza called the law firms' investigation “farcical” and said it was clear that Senate leader Kevin de Leon, D-Los Angeles, “will not rest until he has my head on a platter to convince the MeToo movement of his 'sincerity.'”
In a brief statement on the Senate floor, de Leon said the law firms provided Mendoza with “ample opportunity” to rebut the allegations.
“We've completed an exhaustive, objective and independent investigation done by professional experts,” de Leon said. “The bottom line is we're going to protect our staff, and we're going to lead the way against workplace harassment.”
Mendoza and a resident of his 32nd Senate District sued the senate last week, arguing that the rules committee's decision to place him on a leave of absence pending completion of the investigation is unconstitutional and deprives constituents of representation in the Legislature. Mendoza also asked a Sacramento County Superior Court judge to invalidate Proposition 50, the 2016 voter-approved initiative that specifies how a legislative house may suspend a member.
“I intend to pursue my lawsuit against the Senate for violating the constitutional rights of my district's voters and mine, dealing with me disparately compared to others charged with more serious allegations and leaving the 32nd District without representation,” Mendoza wrote.
It's unclear how Mendoza's complaint will be affected by his resignation. His attorney, Downey Brand partner Cassandra Ferrannini, did not respond to a message Thursday. No hearing has been scheduled yet in the case.
The Senate retained Gibson Dunn and Van Dermyden Maddux in December to investigate Mendoza and other harassment complaints. Senate leaders have declined to release the law firms' contracts or any other information about costs and scope of service.
Gibson Dunn partner Benjamin Wagner and Sue Ann Van Dermyden of Van Dermyden Maddux did not return messages on Thursday.
Mendoza is the third California lawmaker to resign after being accused of sexual misconduct. Assemblyman Raul Bocanegra, D-Pacoima, stepped down in November and Assemblyman Matt Dababneh, D-Encino, left in December.
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