Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law also requires any civil or political subdivision of the state and all cities to provide at least 2 hours of training and education regarding sexual harassment to all supervisory employees, as specified.

This bill would additionally require local agency officials, as defined, to receive sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials, and would allow a local agency to require employees to receive sexual harassment prevention training or information. The bill would also require an entity that develops curricula to satisfy this requirement to consult with the city attorney or county counsel regarding the sufficiency and accuracy of that proposed content.

Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law also requires any civil or political subdivision of the state and all cities to provide at least 2 hours of training and education regarding sexual harassment to all supervisory employees, as specified.

This bill would additionally require local agency officials, as defined, to receive sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials, and would allow a local agency to require employees to receive sexual harassment prevention training or information. The bill would also require an entity that develops curricula to satisfy this requirement to consult with the city attorney or county counsel regarding the sufficiency and accuracy of that proposed content.

Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law also requires any civil or political subdivision of the state and all cities to provide at least 2 hours of training and education regarding sexual harassment to all supervisory employees, as specified.

This bill would additionally require local agency officials, as defined, to receive sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials, and would allow a local agency to require employees to receive sexual harassment prevention training or information. The bill would also require an entity that develops curricula to satisfy this requirement to consult with the Attorney General, city attorney, city attorney or county counsel regarding the sufficiency and accuracy of that proposed content.

Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law also requires any civil or political subdivision of the state and all cities to provide at least 2 hours of training and education regarding sexual harassment to all supervisory employees, as specified.

This bill would additionally require local agency officials, as defined, to receive sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials, and would allow a local agency to require employees to receive sexual harassment prevention training or information. The bill would also require an entity that develops curricula to satisfy this requirement to consult with the Attorney General General, city attorney, or county counsel regarding the sufficiency and accuracy of that proposed content.

Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law also requires any civil or political subdivision of the state and all cities to provide at least 2 hours of training and education regarding sexual harassment to all supervisory employees, as specified.

This bill would additionally require local agency officials, as defined, to receive sexual harassment training and education if the local agency provides any type of compensation, salary, or stipend to those officials, and would allow a local agency to require employees to receive sexual harassment training or information. The bill would also require an entity that develops curricula to satisfy this requirement to consult with the Attorney General regarding the sufficiency and accuracy of that proposed content.

Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law also requires any civil or political subdivision of the state and all cities to provide at least 2 hours of training and education regarding sexual harassment to all supervisory employees, as specified.

This bill would additionally require local agency officials, as defined, to receive sexual harassment training and education if the local agency provides any type of compensation, salary, or stipend to those officials, and would allow a local agency to require employees to receive sexual harassment training or information.

Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law also requires any civil or political subdivision of the state and all cities to provide at least 2 hours of training and education regarding sexual harassment to all supervisory employees, as specified.

This bill would additionally require local agency officials, as defined, to receive sexual harassment training and education if the local agency provides any type of compensation, salary, or stipend to those officials, and would allow a local agency to require employees to receive sexual harassment training or information.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1661

Author:(McCarty and Gonzalez)

As Amended Ver:August 15, 2016

Majority vote

Original Committee Reference: L. GOV.

SUMMARY: Requires local agency officials to receive sexual harassment prevention training and education.

The Senate amendments:

1. Delete language requiring an entity that develops curricula for sexual harassment prevention training and education to consult with the Attorney General regarding the sufficiency and accuracy of the proposed content and, instead, require such entities to consult with the city attorney or county counsel;
2. Revise language regarding a local agency's duty to inform local agency officials and employees about sexual harassment prevention training and education to require local agencies to provide a recommendation (rather than information) on training and education available at least once in written form before assuming a new position and every two years thereafter (rather than annually);
3. Change references to "sexual harassment training and education" to "sexual harassment prevention training and education;"
4. Add findings and declarations that there have been incidents in which the employees of local governments have been sexually harassed by their colleagues and that the harassment of local government employees by their colleagues can be prevented if local governments provide training and educating to their employees.

FISCAL EFFECT: According to the Senate Appropriations Committee, likely minor reimbursable mandated costs for local agencies to consult with a city attorney or county counsel when developing training curricula, to recommend training available to local officials every two years, and to maintain records on local officials' completion of training. (General Fund)

COMMENTS:

1. Bill Summary. This bill requires local agency officials to receive two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment, and every two years thereafter. The requirements of the bill apply only if a local agency provides any type of compensation, salary, or stipend to its local agency officials. Pursuant to the definitions provided in the bill, its requirements would apply to any member of a legislative body and any elected official of cities and counties (including charter cities and charter counties), and special districts.

This bill requires an entity that develops curricula to satisfy the bill's requirements to consult with the city attorney or county counsel regarding the sufficiency and accuracy of the curricula, and allows an entity to include local sexual harassment prevention training and education policies in the curricula. A local agency official who serves more than one local agency shall satisfy the bill's requirements once every two years, regardless of the number of local agencies he or she serves.

This bill provides that its requirements are in addition to any other law requiring similar or related training, and provides that nothing in the bill shall be construed to supersede the requirements of current law governing sexual harassment or sexual harassment prevention training, as specified.

This bill allows a local agency to also require any of its employees to receive sexual harassment prevention training and education as outlined in the bill. This bill is sponsored by Equal Rights Advocates.

1. Authors' Statement. According to the authors, "AB 1825 (Reyes), Chapter 933, Statutes of 2004, established requirements for sexual harassment prevention training in the workplace. Specifically, it required that employers of 50 or more employees must provide training of a (minimum) of two hours on sexual harassment prevention training to all supervisors and once every two years. Also, it stated that these trainings should be conducted with existing state resources. In addition, AB 1825 mandated that training needed to be renewed every two years in order to keep employers/employees updated and refreshed on how to report, prevent, and recognize sexual harassment.

"However, existing law does not explicitly require city or county elected officials to take a) sexual harassment prevention training course. Some cities have interpreted AB 1825 to not apply to city council members, while some cities have found that it does apply. This loophole has caused significant confusion. The cost to cities to litigate and/or settle claims for sexual harassment suits is in the hundreds of thousands of dollars, which result in a significant loss of revenue (and) diverts funds from essential constituent services.

"This bill aims to eliminate confusion by requiring that all city, county, charter city, charter county, charter city and county, special district employees, and city elected officials receive sexual harassment prevention training and education within a six month period after assuming a new position."

1. Background. During the past few years, California has witnessed a number of high-profile cases in which elected local government officials were accused and/or found guilty of sexually harassing their staff or other employees. Most visible among them was the City of San Diego's (City) scandal with its former mayor. A major issue in that case involved a dispute between the City and the former mayor over who was responsible for the mayor's sexual harassment training, which he didn't complete until after sexual harassment allegations were made public and after the required six-month timeframe for training had elapsed.

The mayor's attorney argued that the City was responsible for defending the mayor in his legal battles, because the City failed to provide training to the mayor within the required six-month timeline. The City contended that the mayor repeatedly refused to complete the on-line training course. The City of San Diego eventually settled several lawsuits against its former mayor, reporting in February that it expected total payouts when all suits were settled to reach $1 million.

There have been additional news reports and op-eds on this issue in other parts of the state, including West Hollywood and Sacramento. At issue is whether elected officials are considered "supervisory employees" and, as such, subject to current law that requires employers to provide sexual harassment training to employees who are supervisors. Some jurisdictions have interpreted the law to include elected officials among supervisory employees, while others have not.

This bill is modeled after current law governing ethics training for local agency officials, in an attempt to clarify that local agency officials are, indeed, required to complete training and education in sexual harassment.

1. Previous Legislation. AB 2053 (Gonzalez), Chapter 306, Statutes of 2014, expanded on existing law related to sexual harassment training for supervisory employees to also include training on the prevention of abusive conduct.

SB 1087 (Monning), Chapter 750, Statutes of 2014, prohibited a farm labor contractor (FLC) who engages in sexual harassment from being issued an FLC's license or renewing the license, as specified.

AB 1234 (Salinas), Chapter 700, Statutes of 2005, established provisions for ethics training for local government officials and designated employees.

AB 1825 (Reyes), Chapter 933, Statutes of 2004, required employers who have 50 or more employees to provide sexual harassment training and education to all supervisory employees.

1. Arguments in Support. The Sacramento Collective for Women's Rights, in support, writes, "Sexual harassment in the workplace continues to be a prevalent issue in the United States. Men and women alike can experience sexual harassment in the workplace; therefore, they should be able to recognize, resist and report it when it happens… AB 1661… aims to create a universal mandate for all city and county elected officials to complete such training. It is time for a universal law that specifically requires city and county elected officials to take this training so that it eliminates any confusion as to what trainings and courses they must take."

The CSAC Excess Insurance Authority, also in support, adds, "As public entity members, we are often drawn into lengthy and costly employment-related lawsuits where claims of sexual harassment are brought forth. Oftentimes, we see that the lawsuits are directed at supervisory staff either for their direct actions or their inaction in addressing the alleged harassment… however, we also see that other employees who are aware of… potential harassment fail to bring the issue to light. We believe that expanding the existing law… will provide for greater education and awareness across all levels of employment in local government."

1. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0004281

 THIRD READING  

Bill No: AB 1661

Author:

:

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 6/22/16

AYES: Hertzberg, Nguyen, Beall, Hernandez, Moorlach, Pavley

NO VOTE RECORDED: Lara

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 78-0, 5/31/16 - See last page for vote

SUBJECT:

SOURCE: Equal Rights Advocates

DIGEST: This bill requires local agency officials to undergo sexual harassment prevention training and education.

ANALYSIS:

Existing law:

1. Requires local agency officials who receive compensation to undergo two hours of ethics training within 6 months of commencing service and every two years thereafter.
2. Allows the ethics training program to be offered in person, at home, or online.
3. Requires local agencies to track attendees of the program for at least five years.
4. Defines “local agency official” to include members of legislative bodies and other elected officials that serve cities, charter cities, counties, charter counties, and special districts.
5. Prohibit discrimination in employment, housing, public accommodation and services provided by business establishments on the basis of specified personal characteristics such as sex, race, color, national origin, religion, and disability, pursuant to the Fair Employment and Housing Act (FEHA) and other statutes.
6. Requires an employer having 50 or more employees to provide at least two hours of training and education regarding sexual harassment to all “supervisory employees” within six months of becoming a supervisor, and once every two years thereafter (AB 1825, Reyes, 2004).
7. Defines, under FEHA regulations:
   1. “Employer” to include the state of California, cities, counties, special districts, boards, commissions, and any other political or civil subdivision of the state, and
   2. “Supervisors” to be individuals that have the ability to hire, fire, address grievances, or take other discretionary actions related to other employees.

This bill:

1. Requires, if a local agency provides any kind of compensation to its officials, every local agency official to receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment and every two years thereafter.
2. Defines “local agency” to include cities, counties, charter cities, charter counties, and special districts.
3. Defines “local agency official” to include any member of a local agency legislative body and any elected local agency official.
4. Authorizes a local agency to require other employees to receive sexual harassment prevention training and education.
5. Provides that an official who serves multiple local agencies is only required to receive the training and education once every two years.
6. Requires the training and education to include information and practical guidance on federal and state sexual harassment policies, to provide proof of completion, and to be developed in consultation with the city attorney or county counsel.
7. Allows the training to include local sexual harassment prevention training and education policies.
8. Allows local agencies or associations of local agencies to offer training courses or self-study materials, provided at home, in person, or online.
9. Requires a local agency to provide its officials with a recommendation on available trainings in written form within six months of the official assuming office and at least every two years thereafter.
10. Requires a local agency to retain records, for five years, of the dates that its officials and employees took the training and the entity that provided the training.
11. Provides that these requirements are in addition to any other laws requiring similar training and that they shall not supersede the existing requirements for supervisory employees to receive sexual harassment prevention training or the prohibitions on discrimination in the workplace.

Background

During the past few years, California has witnessed a number of high-profile cases in which elected local government officials were accused or found guilty of sexually harassing their staff or other employees. Most visible among them was the City of San Diego's scandal with its former mayor. A major issue in that case involved a dispute between the City and the former mayor over who was responsible for the mayor's sexual harassment training, which he didn’t complete until after sexual harassment allegations were made public and after the required 6-month timeframe for training had elapsed.

At issue is whether elected officials are considered "supervisory employees" and, as such, subject to current law that requires employers to provide sexual harassment training to employees who are supervisors. Some jurisdictions have interpreted the law to include elected officials among supervisory employees, while others have not. Some organizations want to clarify that local agency officials are required to complete training and education regarding sexual harassment.

Comments

1. Purpose of the bill. Local officials find themselves in positions of authority, which some officials abuse. State law says that supervisors have to undergo training on recognizing and preventing sexual harassment. But some local governments have interpreted this requirement loosely, with costly consequences. Allegations of sexual harassment have sprung up across the state, from San Diego to Sacramento. The cost to cities to litigate or settle these claims is in the hundreds of thousands of dollars, diverting much needed revenue from essential constituent services. AB 1661 aims to stem this tide by making clear that all local officials need to receive training and education on sexual harassment. It pulls from existing requirements for ethics training and offers officials flexibility in how they met the requirements. By closing a loophole in existing law, AB 1661 helps protect public employees from sexual harassment and ensures that public servants meet the same standards as supervisors in private businesses.
2. Who’s in? Local agencies are subject to a wide variety of laws to ensure that local officials execute their duties without conflict or unseemly behavior: the Public Records Act, which ensures the public’s access to local government communications and documents; the Brown Act, which is the state’s open meetings law; and the Political Reform Act, which prohibits conflicts of interest. School districts and their officials are subject to each of these. But AB 1661 borrows from a definition of local agency that excludes school districts, as well as some other political subdivisions of the state such as municipal corporations. These agencies may also face some of the same questions about whether their officials are required to receive sexual harassment training under existing laws.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Likely minor reimbursable mandated costs for local agencies to consult with a city attorney or county counsel when developing training curricula, to recommend training available to local officials every two years, and to maintain records on local officials’ completion of training. (General Fund)

SUPPORT: (Verified 8/12/16)

Equal Rights Advocates (source)

AFSCME

Association of California Water Agencies

California Association of Parks and Recreation Districts

California Fire Chiefs Association

California Women’s Law Center

City of West Hollywood

CSAC Excess Insurance Authority

Fire Districts Association of California

Los Angeles County Professional Peace Officers Association

Organization of SMUD Employees

Sacramento Collective for Women’s Rights

San Diego County Court Employees Association

San Luis Obispo County Employees Association

OPPOSITION: (Verified 8/12/16)

None received

ASSEMBLY FLOOR: 78-0, 5/31/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Beth Gaines, Obernolte

Prepared by:

8/15/16 19:47:22

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1661 (McCarty) - Local government: sexual harassment prevention training and education

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 11, 2016

Bill Summary:

AB 1661 would require specified local agency officials to receive sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials. In addition, the bill would authorize a local agency to require that training for any of its employees.

Fiscal Impact:

• Likely minor reimbursable mandated costs for local agencies to consult with a city attorney or county counsel when developing training curricula, to recommend training available to local officials every two years, and to maintain records on local officials’ completion of training. (General Fund)

Author Amendments:

• Remove the authority for a local agency to consult with the Attorney General when developing training and education curricula. With the amendment, a local agency must consult with the city attorney or county counsel when developing curricula.
  
• Require a local agency to provide a recommendation on available training to officials and employees in written form before assuming a new position and every two years thereafter, rather than annually.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1661 (McCarty) - Local government: sexual harassment prevention training and education

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1661 would require specified local agency officials to receive sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials. In addition, the bill would authorize a local agency to require that training for any of its employees.

Fiscal Impact:

• The Attorney General (AG) estimates costs could be as high as $435,000 annually for 3 PY of staff to consult with local agencies and review proposed training materials. Actual costs and staffing needs would depend upon the number of local agencies that choose to consult with the AG regarding the sufficiency and accuracy of content, rather than having their own legal staff review the training materials. (General Fund)
  
• Likely minor reimbursable local costs for local agencies to recommend training available to local officials at least once annually, and to maintain records on local officials’ completion of training. (General Fund) -----see staff comments-----

Background:

Existing law, as enacted by AB 1234 (Salinas), Chap. 700/2005, requires local agency officials to receive training in ethics within six months of commencing service and every two years thereafter, if the local agency provides any type of compensation, salary, or stipend to those officials. The training mandate applies to members of legislative bodies and other elected officials that serve cities, charter cities, counties, charter counties, and special districts. The ethics training programs can be offered in person, at home, or online and course content must be cleared with the AG and Fair Political Practices Commission. Local governments must provide information on available training to officials each year, and must keep track of who completes an ethics course for at least five years.

Existing law, the Fair Employment and Housing Act (FEHA) requires an employer having 50 or more employees to provide at least two hours of training and education regarding sexual harassment to all “supervisory employees” within six months of becoming a supervisor, and once every two years thereafter. Existing FEHA regulations define employer to include the state of California, cities, counties, special districts, boards, commissions, and any other political or civil subdivision of the state. Under FEHA, supervisors are individuals that have the ability to hire, fire, address grievances, or take other discretionary actions related to other employees.

Existing law does not explicitly require local elected officials to take a sexual harassment prevention training course, and the law has been applied inconsistently. Some agencies have interpreted existing law to include elected officials under the definition of supervisory employees, while others have not.

Proposed Law:

AB 1661 would require local agency officials to receive at least two hours of sexual harassment prevention training and education within the first six months of taking office, and every two years thereafter, if a local agency provides any type of compensation, salary, or stipend to its officials. The requirement only applies to members of city, county, or special district governing body or elected officials, but a local agency may also require other employees to receive the training. An official who serves multiple agencies is only required to receive the training once every two years.

To meet the requirements of the bill, local agencies or associations of local agencies can offer training courses or self-study materials, and the training and education courses may be taken at home, in person, or online. Any course must provide participants with proof of participation. An entity that develops a program to meet the bill’s requirements must consult with the AG, city attorney, or county counsel about the sufficiency and accuracy of the proposed content.

A local agency in which officials are required to receive this training and education must provide its officials with a recommendation on available trainings at least annually in written form, and it must retain records of the dates that its officials and employees took the training and the entity that provided the training for five years, as specified.

Staff Comments:

By requiring sexual harassment prevention training for local officials if an agency provides compensation to those officials, this bill is structured and modeled after provisions in existing law that require ethics training for local officials, as enacted by SB 1234 (Salinas, 2005). While Legislative Counsel did not key either of these bills as state mandated local programs, local agencies that were subject to AB 1234’s requirements filed a successful reimbursement claim with the Commission on State Mandates (Local Agency Ethics, Case No. 07-TC-04). The Commission partially approved the mandate claim, and found that provisions requiring a local agency to provide information on available ethics training courses to its officials at least once annually, and requiring the local agency to maintain training records for five years, constitute a reimbursable state-mandated program. Staff notes that the test claim decision specifically found that providing the ethics training was not a

reimbursable activity, since the duty to receive the training is imposed on the local official, not the local agency. The Commission’s adopted Statewide Cost Estimate for the Local Ethics Training mandate, which included other reimbursable items specified in AB 1234, was approximately $19,352 - $38,194 for initial and first year annual costs, and prospective costs of $0 - $11,130 annually. Based upon the existing mandate for local agency ethics training, staff estimates that this bill could result in minor state-reimbursable mandate costs, to the extent a local agency files a reimbursement claim with the Commission.

-- END --

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Robert M. Hertzberg, Chair

2015 - 2016 Regular

Local government: sexual harassment prevention training and education

Requires local agency officials to undergo sexual harassment prevention training and education.

Background

Ethics Training. Local agency officials who serve a local agency that provides compensation must undergo two hours of ethics training within 6 months of commencing service and every two years thereafter (AB 1234, Salinas, 2005). This ethics training encompasses laws governing financial gains, transparency, and fair processes to ensure that local agency officials are aware of the requirements placed on them. Local agency officials include members of legislative bodies and other elected officials that serve cities, charter cities, counties, charter counties, and special districts. The ethics training programs can be offered in person, at home, or online and must be cleared with the Attorney General and Fair Political Practices Commission. Local governments must keep track of who attended for at least five years.

Discrimination and Sexual Harassment Statutes. Various statutes, such as the Fair Employment and Housing Act (FEHA) and the Unruh Civil Rights Act, prohibit discrimination in employment, housing, public accommodation and services provided by business establishments on the basis of specified personal characteristics such as sex, race, color, national origin, religion, and disability. The FEHA also requires an employer having 50 or more employees to provide at least two hours of training and education regarding sexual harassment to all “supervisory employees” within six months of becoming a supervisor, and once every two years thereafter (AB 1825, Reyes, 2004). The Department of Fair Employment and Housing administers the FEHA and regulates its implementation. FEHA regulations define employer to include the state of California, cities, counties, special districts, boards, commissions, and any other political or civil subdivision of the state. Under FEHA, supervisors are individuals that have the ability to hire, fire, address grievances, or take other discretionary actions related to other employees.

Instances of Sexual Harassment by Local Officials. During the past few years, California has witnessed a number of high-profile cases in which elected local government officials were accused or found guilty of sexually harassing their staff or other employees. Most visible among them was the City of San Diego's scandal with its former mayor. A major issue in that case involved a dispute between the City and the former mayor over who was responsible for the mayor's sexual harassment training, which he didn’t complete until after sexual harassment allegations were made public and after the required 6-month timeframe for training had elapsed.

At issue is whether elected officials are considered "supervisory employees" and, as such, subject to current law that requires employers to provide sexual harassment training to employees who are supervisors. Some jurisdictions have interpreted the law to include elected officials among supervisory employees, while others have not. Some organizations want to clarify that local agency officials are required to complete training and education regarding sexual harassment.

Proposed Law

Assembly Bill 1661 requires, if a local agency provides any kind of compensation to its officials, every local agency official to receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment and every two years thereafter. The local agency may also require other employees to receive sexual harassment prevention training and education, and an official who serves multiple local agencies is only required to receive the training and education once every two years. This training and education must include information and practical guidance on federal and state sexual harassment policies, including practical examples to instruct local agency officials on preventing sexual harassment. It may also include local sexual harassment prevention training and education policies.

To meet the requirements of the bill, local agencies or associations of local agencies can offer training courses or self-study materials, and the training and education courses may be taken at home, in person, or online. Any course must provide participants with proof of participation. An entity that develops a program to meet this requirement must consult with the Attorney General, city attorney, or county counsel about the program’s sufficiency and accuracy.

A local agency in which officials are required to receive this training and education must provide its officials with a recommendation on available trainings at least annually in written form, and it must retain records, for five years, of the dates that its officials and employees took the training and the entity that provided the training.

AB 1661 also provides that these requirements are in addition to any other laws requiring similar training and that they shall not supersede the existing requirements for supervisory employees to receive sexual harassment prevention training or the prohibitions on discrimination in the workplace.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. Local officials find themselves in positions of authority, which some officials abuse. State law says that supervisors have to undergo training on recognizing and preventing sexual harassment. But some local governments have interpreted this requirement loosely, with costly consequences. Allegations of sexual harassment have sprung up across the state, from San Diego to Sacramento. The cost to cities to litigate or settle these claims is in the hundreds of thousands of dollars, diverting much needed revenue from essential constituent services. AB 1661 aims to stem this tide by making clear that all local officials need to receive training and education on sexual harassment. It pulls from existing requirements for ethics training and offers officials flexibility in how they met the requirements. By closing a loophole in existing law, AB 1661 helps protect public employees from sexual harassment and ensures that public servants meet the same standards as supervisors in private businesses.

2. Who’s in? Local agencies are subject to a wide variety of laws to ensure that local officials execute their duties without conflict or unseemly behavior: the Public Records Act, which ensures the public’s access to local government communications and documents; the Brown Act, which is the state’s open meetings law; and the Political Reform Act, which prohibits conflicts of interest. School districts and their officials are subject to each of these. But AB 1661 borrows from a definition of local agency that excludes school districts, as well as some other local governments such as municipal corporations. These agencies may also face some of the same questions about whether their officials are required to receive sexual harassment training under existing laws. The Committee may wish to consider amending AB 1661 to apply to school districts, municipal corporations, and other political subdivisions of the state.

3. Charter city. The California Constitution allows cities that adopt charters to control their own “municipal affairs.” In all other matters, charter cities must follow the general, statewide laws. Because the Constitution doesn’t define “municipal affairs,” the courts determine whether a topic is a municipal affair or whether it’s an issue of statewide concern. AB 1661 includes a legislative finding and declaration that providing all employees with the opportunity to work in a safe and harassment-free environment is a matter of statewide concern. Accordingly, the bill’s provisions apply to all cities and counties in California, including charter cities and counties.

Assembly Actions

Assembly Local Government Committee: 9-0

Assembly Appropriations Committee: 20-0

Assembly Floor: 78-0

Support and Opposition

(6/16/16)

Support: Equal Rights Advocates (sponsor); AFSCME; Association of California Water Agencies; California Association of Parks and Recreation Districts; California Fire Chiefs Association; California Women’s Law Center; City of West Hollywood; CSAC Excess Insurance Authority; Fire Districts Association of California; Los Angeles County Professional Peace Officers Association; Organization of SMUD Employees; Sacramento Collective for Women’s Rights; San Diego County Court Employees Association; San Luis Obispo County Employees Association.

Opposition: Unknown.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1661

Author:(McCarty and Gonzalez)

As Amended Ver:April 11, 2016

Majority vote

SUMMARY: Requires local agency officials to receive sexual harassment training and education. Specifically, this bill:

1. Requires, if a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, all local agency officials of that agency to receive sexual harassment training and education pursuant to this bill.
2. Allows a local agency to also require any of its employees to receive sexual harassment training and education pursuant to this bill.
3. Requires each local agency official, or employee who is so required, to receive at least two hours of sexual harassment training and education within the first six months of taking office or commencing employment, and every two years thereafter.
4. Requires an entity that develops curricula to satisfy the requirements of this bill to consult with the Attorney General (AG) regarding the sufficiency and accuracy of that proposed content, and allows an entity to include local sexual harassment training and education policies in the curricula.
5. Requires the training and education required by this bill to include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment in employment.
6. Requires the training and education to also include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation, and to be presented by trainers or educators with knowledge and expertise in the prevention of sexual harassment, discrimination, and retaliation.
7. Allows a local agency or an association of local agencies to offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this bill. These courses may be taken at home, in person, or online.
8. Requires all providers of training courses to provide participants with proof of participation to meet the requirements of this bill.
9. Requires a local agency to provide information on training available to meet the requirements of this bill to its local agency officials and its employees at least once annually.
10. Requires a local agency official who serves more than one local agency to satisfy the requirements of this bill once every two years without regard to the number of local agencies he or she serves.
11. Requires a local agency that requires its local agency officials or employees to complete the sexual harassment training and education prescribed by this bill to maintain records indicating both of the following:
    1. The dates that local agency officials or employees satisfied the requirements of this article; and,
    2. The entity that provided the training.
12. Requires, notwithstanding any other law, a local agency to maintain the records required by this bill for at least five years after local agency officials or employees receive the training. These records are public records subject to disclosure under the California Public Records Act, as specified.
13. Specifies that the requirements of this bill are in addition to any other law requiring similar or related training, and nothing in this bill shall be construed to supersede the requirements of current law governing sexual harassment or sexual harassment training, as specified.
14. Provides the following definitions:
    1. "Local agency" means a city, county, city and county, charter city, charter county, charter city and county, or special district; and,
    2. "Local agency official" means any member of a local agency legislative body and any elected local agency official.
15. Finds and declares that all employees should have the same opportunity to work in a safe and harassment-free environment and therefore, sexual harassment training and education for all local agency officials is a matter of statewide concern, and not merely a municipal affair, as that term is used in California Constitution Article XI, Section 5. Therefore, this bill shall apply to charter cities, charter counties, and charter cities and counties.

EXISTING LAW:

1. Requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials.
2. Requires an employer having 50 or more employees to provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees in California within six months of their assumption of a supervisory position, and once every two years thereafter.
3. Defines, for purposes of 2), above, "employer" to mean any person regularly employing 50 or more persons or regularly receiving the services of 50 or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Significant costs to the Department of Justice of up to $1 million (General Fund) to consult and review all proposed training materials regarding sexual harassment training for local agencies across the state, and to provide any resulting training, or statutory and regulatory provision updates.
2. Potentially significant reimbursable costs to local agencies to develop materials and provide sexual harassment training to local agency officials.

COMMENTS:

1. Bill Summary. This bill requires local agency officials to receive two hours of sexual harassment training and education within the first six months of taking office or commencing employment, and every two years thereafter. The requirements of the bill apply only if a local agency provides any type of compensation, salary, or stipend to its local agency officials. Pursuant to the definitions provided in the bill, its requirements would apply to any member of a legislative body and any elected official of cities and counties (including charter cities and charter counties), and special districts.

This bill requires an entity that develops curricula to satisfy the bill's requirements to consult with the AG regarding the sufficiency and accuracy of the curricula, and allows an entity to include local sexual harassment training and education policies in the curricula. A local agency official who serves more than one local agency shall satisfy the bill's requirements once every two years, regardless of the number of local agencies he or she serves.

This bill provides that its requirements are in addition to any other law requiring similar or related training, and provides that nothing in the bill shall be construed to supersede the requirements of current law governing sexual harassment or sexual harassment training, as specified.

This bill allows a local agency to also require any of its employees to receive sexual harassment training and education as outlined in the bill. This bill is sponsored by Equal Rights Advocates.

1. Authors' Statement. According to the authors,

In 2004, AB 1825 (Reyes), [Chapter 933, Statutes of 2004] established requirements for sexual harassment prevention training in the workplace. Specifically, it required that employers of 50 or more employees must provide training of a (minimum) of two hours on sexual harassment prevention training to all supervisors and once every two years. Also, it stated that these trainings should be conducted with existing state resources. In addition, AB 1825 mandated that training needed to be renewed every two years in order to keep employers/employees updated and refreshed on how to report, prevent, and recognize sexual harassment.

However, existing law does not explicitly require city or county elected officials to take (a) sexual harassment prevention training course. Some cities have interpreted AB 1825 to not apply to city council members, while some cities have found that it does apply. This loophole has caused significant confusion. The cost to cities to litigate and/or settle claims for sexual harassment suits is in the hundreds of thousands of dollars, which result in a significant loss of revenue (and) diverts funds from essential constituent services.

This bill aims to eliminate confusion by requiring that all city, county, charter city, charter county, charter city and county, special district employees, and city elected officials receive sexual harassment prevention training and education within a six month period after assuming a new position.

1. Background. During the past few years, California has witnessed a number of high-profile cases in which elected local government officials were accused and/or found guilty of sexually harassing their staff or other employees. Most visible among them was the City of San Diego's scandal with its former mayor. A major issue in that case involved a dispute between the City and the former mayor over who was responsible for the mayor's sexual harassment training, which he didn’t complete until after sexual harassment allegations were made public and after the required 6-month timeframe for training had elapsed.

The mayor's attorney argued that the City was responsible for defending the mayor in his legal battles, because the City failed to provide training to the mayor within the required 6-month timeline. The City contended that the mayor repeatedly refused to complete the on-line training course. The City of San Diego eventually settled several lawsuits against its former mayor, reporting in February that it expected total payouts when all suits were settled to reach $1 million.

There have been additional news reports and op-eds on this issue in other parts of the state, including West Hollywood and Sacramento. At issue is whether elected officials are considered "supervisory employees" and, as such, subject to current law that requires employers to provide sexual harassment training to employees who are supervisors. Some jurisdictions have interpreted the law to include elected officials among supervisory employees, while others have not.

This bill is modeled after current law governing ethics training for local agency officials, in an attempt to clarify that local agency officials are, indeed, required to complete training and education in sexual harassment.

1. Previous Legislation. AB 2053 (Gonzalez), Chapter 306, Statutes of 2014, expanded on existing law related to sexual harassment training for supervisory employees to also include training on the prevention of abusive conduct.

SB 1087 (Monning), Chapter 750, Statutes of 2014, prohibited a farm labor contractor (FLC) who engages in sexual harassment from being issued an FLC's license or renewing the license, as specified.

AB 1234 (Salinas), Chapter 700, Statutes of 2005, established provisions for ethics training for local government officials and designated employees.

AB 1825 (Reyes), Chapter 933, Statutes of 2004, required employers who have 50 or more employees to provide sexual harassment training and education to all supervisory employees.

1. Arguments in Support. The Sacramento Collective for Women's Rights, in support, writes, "Sexual harassment in the workplace continues to be a prevalent issue in the United States. Men and women alike can experience sexual harassment in the workplace; therefore, they should be able to recognize, resist and report it when it happens… AB 1661… aims to create a universal mandate for all city and county elected officials to complete such training. It is time for a universal law that specifically requires city and county elected officials to take this training so that it eliminates any confusion as to what trainings and courses they must take."

The CSAC Excess Insurance Authority, also in support, adds, "As public entity members, we are often drawn into lengthy and costly employment-related lawsuits where claims of sexual harassment are brought forth. Oftentimes, we see that the lawsuits are directed at supervisory staff either for their direct actions or their inaction in addressing the alleged harassment… however, we also see that other employees who are aware of… potential harassment fail to bring the issue to light. We believe that expanding the existing law… will provide for greater education and awareness across all levels of employment in local government."

1. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0003114

ASSEMBLY THIRD READING

ATR Bill Id:AB 1661

Author:(McCarty and Gonzalez)

As Amended Ver:April 11, 2016

Majority vote

SUMMARY: Requires local agency officials to receive sexual harassment training and education. Specifically, this bill:

1. Requires, if a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, all local agency officials of that agency to receive sexual harassment training and education pursuant to this bill.
2. Allows a local agency to also require any of its employees to receive sexual harassment training and education pursuant to this bill.
3. Requires each local agency official, or employee who is so required, to receive at least two hours of sexual harassment training and education within the first six months of taking office or commencing employment, and every two years thereafter.
4. Requires an entity that develops curricula to satisfy the requirements of this bill to consult with the Attorney General (AG) regarding the sufficiency and accuracy of that proposed content, and allows an entity to include local sexual harassment training and education policies in the curricula.
5. Requires the training and education required by this bill to include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment in employment.
6. Requires the training and education to also include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation, and to be presented by trainers or educators with knowledge and expertise in the prevention of sexual harassment, discrimination, and retaliation.
7. Allows a local agency or an association of local agencies to offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this bill. These courses may be taken at home, in person, or online.
8. Requires all providers of training courses to provide participants with proof of participation to meet the requirements of this bill.
9. Requires a local agency to provide information on training available to meet the requirements of this bill to its local agency officials and its employees at least once annually.
10. Requires a local agency official who serves more than one local agency to satisfy the requirements of this bill once every two years without regard to the number of local agencies he or she serves.
11. Requires a local agency that requires its local agency officials or employees to complete the sexual harassment training and education prescribed by this bill to maintain records indicating both of the following:
    1. The dates that local agency officials or employees satisfied the requirements of this article; and,
    2. The entity that provided the training.
12. Requires, notwithstanding any other law, a local agency to maintain the records required by this bill for at least five years after local agency officials or employees receive the training. These records are public records subject to disclosure under the California Public Records Act, as specified.
13. Specifies that the requirements of this bill are in addition to any other law requiring similar or related training, and nothing in this bill shall be construed to supersede the requirements of current law governing sexual harassment or sexual harassment training, as specified.
14. Provides the following definitions:
    1. "Local agency" means a city, county, city and county, charter city, charter county, charter city and county, or special district; and,
    2. "Local agency official" means any member of a local agency legislative body and any elected local agency official.
15. Finds and declares that all employees should have the same opportunity to work in a safe and harassment-free environment and therefore, sexual harassment training and education for all local agency officials is a matter of statewide concern, and not merely a municipal affair, as that term is used in California Constitution Article XI, Section 5. Therefore, this bill shall apply to charter cities, charter counties, and charter cities and counties.

EXISTING LAW:

1. Requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials.
2. Requires an employer having 50 or more employees to provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees in California within six months of their assumption of a supervisory position, and once every two years thereafter.
3. Defines, for purposes of 2), above, "employer" to mean any person regularly employing 50 or more persons or regularly receiving the services of 50 or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Significant costs to the Department of Justice of up to $1 million (General Fund) to consult and review all proposed training materials regarding sexual harassment training for local agencies across the state, and to provide any resulting training, or statutory and regulatory provision updates.
2. Potentially significant reimbursable costs to local agencies to develop materials and provide sexual harassment training to local agency officials.

COMMENTS:

1. Bill Summary. This bill requires local agency officials to receive two hours of sexual harassment training and education within the first six months of taking office or commencing employment, and every two years thereafter. The requirements of the bill apply only if a local agency provides any type of compensation, salary, or stipend to its local agency officials. Pursuant to the definitions provided in the bill, its requirements would apply to any member of a legislative body and any elected official of cities and counties (including charter cities and charter counties), and special districts.

This bill requires an entity that develops curricula to satisfy the bill's requirements to consult with the AG regarding the sufficiency and accuracy of the curricula, and allows an entity to include local sexual harassment training and education policies in the curricula. A local agency official who serves more than one local agency shall satisfy the bill's requirements once every two years, regardless of the number of local agencies he or she serves.

This bill provides that its requirements are in addition to any other law requiring similar or related training, and provides that nothing in the bill shall be construed to supersede the requirements of current law governing sexual harassment or sexual harassment training, as specified.

This bill allows a local agency to also require any of its employees to receive sexual harassment training and education as outlined in the bill. This bill is sponsored by Equal Rights Advocates.

1. Authors' Statement. According to the authors,

In 2004, AB 1825 (Reyes), [Chapter 933, Statutes of 2004] established requirements for sexual harassment prevention training in the workplace. Specifically, it required that employers of 50 or more employees must provide training of a (minimum) of two hours on sexual harassment prevention training to all supervisors and once every two years. Also, it stated that these trainings should be conducted with existing state resources. In addition, AB 1825 mandated that training needed to be renewed every two years in order to keep employers/employees updated and refreshed on how to report, prevent, and recognize sexual harassment.

However, existing law does not explicitly require city or county elected officials to take (a) sexual harassment prevention training course. Some cities have interpreted AB 1825 to not apply to city council members, while some cities have found that it does apply. This loophole has caused significant confusion. The cost to cities to litigate and/or settle claims for sexual harassment suits is in the hundreds of thousands of dollars, which result in a significant loss of revenue (and) diverts funds from essential constituent services.

This bill aims to eliminate confusion by requiring that all city, county, charter city, charter county, charter city and county, special district employees, and city elected officials receive sexual harassment prevention training and education within a six month period after assuming a new position.

1. Background. During the past few years, California has witnessed a number of high-profile cases in which elected local government officials were accused and/or found guilty of sexually harassing their staff or other employees. Most visible among them was the City of San Diego's scandal with its former mayor. A major issue in that case involved a dispute between the City and the former mayor over who was responsible for the mayor's sexual harassment training, which he didn’t complete until after sexual harassment allegations were made public and after the required 6-month timeframe for training had elapsed.

The mayor's attorney argued that the City was responsible for defending the mayor in his legal battles, because the City failed to provide training to the mayor within the required 6-month timeline. The City contended that the mayor repeatedly refused to complete the on-line training course. The City of San Diego eventually settled several lawsuits against its former mayor, reporting in February that it expected total payouts when all suits were settled to reach $1 million.

There have been additional news reports and op-eds on this issue in other parts of the state, including West Hollywood and Sacramento. At issue is whether elected officials are considered "supervisory employees" and, as such, subject to current law that requires employers to provide sexual harassment training to employees who are supervisors. Some jurisdictions have interpreted the law to include elected officials among supervisory employees, while others have not.

This bill is modeled after current law governing ethics training for local agency officials, in an attempt to clarify that local agency officials are, indeed, required to complete training and education in sexual harassment.

1. Previous Legislation. AB 2053 (Gonzalez), Chapter 306, Statutes of 2014, expanded on existing law related to sexual harassment training for supervisory employees to also include training on the prevention of abusive conduct.

SB 1087 (Monning), Chapter 750, Statutes of 2014, prohibited a farm labor contractor (FLC) who engages in sexual harassment from being issued an FLC's license or renewing the license, as specified.

AB 1234 (Salinas), Chapter 700, Statutes of 2005, established provisions for ethics training for local government officials and designated employees.

AB 1825 (Reyes), Chapter 933, Statutes of 2004, required employers who have 50 or more employees to provide sexual harassment training and education to all supervisory employees.

1. Arguments in Support. The Sacramento Collective for Women's Rights, in support, writes, "Sexual harassment in the workplace continues to be a prevalent issue in the United States. Men and women alike can experience sexual harassment in the workplace; therefore, they should be able to recognize, resist and report it when it happens… AB 1661… aims to create a universal mandate for all city and county elected officials to complete such training. It is time for a universal law that specifically requires city and county elected officials to take this training so that it eliminates any confusion as to what trainings and courses they must take."

The CSAC Excess Insurance Authority, also in support, adds, "As public entity members, we are often drawn into lengthy and costly employment-related lawsuits where claims of sexual harassment are brought forth. Oftentimes, we see that the lawsuits are directed at supervisory staff either for their direct actions or their inaction in addressing the alleged harassment… however, we also see that other employees who are aware of… potential harassment fail to bring the issue to light. We believe that expanding the existing law… will provide for greater education and awareness across all levels of employment in local government."

1. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0003114

Date of Hearing: May 4, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1661

Author:(McCarty) – As Amended Ver:April 11, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires local agency officials to receive sexual harassment training and education if the local agency provides any type of compensation, salary, or stipend to a local agency official. Specifically, this bill:

1. Requires each local agency official, or employee who receives any type of compensation, salary, or stipend, to receive at least two hours of sexual harassment training and education within the first six months of taking office or commencing employment, and every two years thereafter.
2. Requires an entity that develops sexual harassment training curricula to consult with the Attorney General regarding the sufficiency and accuracy of the proposed content.
3. Requires the training to include information regarding the federal and state statutory provisions against sexual harassment.
4. Requires the training and education to include practical examples intended to instruct the officials in the prevention of sexual harassment, discrimination, and retaliation.
5. Allows a local agency to offer online or self-study training courses to meet the provisions of this bill.
6. Requires the local agency to maintain records, for at least a period of five years, the dates that the local agency’s officials satisfied their training requirements and documentation of the entity that provided the training.

FISCAL EFFECT:

1. Significant costs to the Department of Justice of up to $1 million (GF) to consult and review all proposed training materials regarding sexual harassment training for local agencies across the state, and to provide any resulting training, or statutory and regulatory provision updates.
2. Potentially significant reimbursable costs to local agencies to develop materials and provide sexual harassment training to local agency officials.

COMMENTS:

1. Purpose. According to the authors, "In 2004, AB 1825 (Reyes) established requirements for sexual harassment prevention training in the workplace. Specifically, it required that employers of 50 or more employees must provide training of a (minimum) of two hours on sexual harassment prevention training to all supervisors and mandated that training needed to be renewed every two years in order to keep employers/employees updated and refreshed on how to report, prevent, and recognize sexual harassment. However, this existing law does not explicitly require city or county elected officials to take (a) sexual harassment prevention training course. Some cities have interpreted AB 1825 to not apply to city council members, while some cities have found that it does apply. This loophole has caused significant confusion. The cost to cities to litigate and/or settle claims for sexual harassment suits is in the hundreds of thousands of dollars, which results in a significant loss of revenue and diverts funds from essential constituent services."

This bill requires local agency elected officials to receive sexual harassment prevention training and education within six months of taking office.

1. Background. Current law requires employers who have 50 or more employees to provide at least 2 hours of sexual harassment prevention training every 2 years. However, existing statute does not explicitly require city, county, or special district officials to take sexual harassment prevention training.

During the past few years, California has witnessed a number of high-profile cases in which elected local government officials were accused and/or found guilty of sexually harassing their staff or other employees. This bill is modeled after current law governing ethics training for local agency officials, in an attempt to clarify that local agency officials are, indeed, required to complete training and education in sexual harassment.

1. Previous Legislation.
2. AB 2053 (Gonzalez), Chapter 306, Statutes of 2014, expanded on existing law on sexual harassment training for supervisory employees to also include training on the prevention of abusive conduct.
3. SB 1087 (Monning), Chapter 750, Statutes of 2014, prohibited a farm labor contractor (FLC) who engages in sexual harassment from being issued an FLC’s license or renewing the license, as specified.
4. AB 1234 (Salinas), Chapter 700, Statutes of 2005, established provisions for ethics training for local government officials and designated employees.
5. AB 1825 (Reyes), Chapter 933, Statutes of 2004, required employers who have 50 or more employees to provide sexual harassment training and education to all supervisory employees.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 6, 2016

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Susan Talamantes Eggman, Chair

ABPCA Bill Id:AB 1661 (

Author:McCarty and Gonzalez) – As Amended Ver:March 17, 2016

SUBJECT: Local government: sexual harassment training and education.

SUMMARY: Requires local agency officials to receive sexual harassment training and education. Specifically, this bill:

1. Requires, if a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, all local agency officials of that agency to receive sexual harassment training and education pursuant to this bill.
2. Allows a local agency to also require any of its employees to receive sexual harassment training and education pursuant to this bill.
3. Requires each local agency official, or employee who is so required, to receive at least two hours of sexual harassment training and education within the first six months of taking office or commencing employment, and every two years thereafter.
4. Requires the training and education required by this bill to include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment in employment.
5. Requires the training and education to also include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation, and to be presented by trainers or educators with knowledge and expertise in the prevention of sexual harassment, discrimination, and retaliation.
6. Allows a local agency or an association of local agencies to offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this bill. These courses may be taken at home, in person, or online.
7. Requires all providers of training courses to provide participants with proof of participation to meet the requirements of this bill.
8. Requires a local agency to provide information on training available to meet the requirements of this bill to its local agency officials and its employees at least once annually.
9. Requires a local agency that requires its local agency officials or employees to complete the sexual harassment training and education prescribed by this bill to maintain records indicating both of the following:
   1. The dates that local agency officials or employees satisfied the requirements of this article; and,
   2. The entity that provided the training.
10. Requires, notwithstanding any other law, a local agency to maintain the records required by this bill for at least five years after local agency officials or employees receive the training. These records are public records subject to disclosure under the California Public Records Act, as specified.
11. Provides the following definitions:
    1. “Legislative body” means the governing body of a city, county, city and county, or special district;
    2. “Local agency” means a city, county, city and county, charter city, charter county, charter city and county, or special district; and,
    3. “Local agency official” means any member of a local agency governing body and any elected local agency official.
12. Finds and declares that all employees should have the same opportunity to work in a safe and harassment free environment and therefore, sexual harassment training and education for all local agency officials is a matter of statewide concern and, not merely a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this bill shall apply to charter cities, charter counties, and charter cities and counties.

EXISTING LAW:

1. Requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials.
2. Requires an employer having 50 or more employees to provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees in California within six months of their assumption of a supervisory position, and once every two years thereafter.
3. Defines, for purposes of 2), above, "employer" to mean any person regularly employing
   50 or more persons or regularly receiving the services of 50 or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities.

FISCAL EFFECT: None

COMMENTS:

1. Bill Summary. This bill requires local agency officials to receive two hours of sexual harassment training and education within the first six months of taking office or commencing employment, and every two years thereafter. The requirements of the bill apply only if a local agency provides any type of compensation, salary, or stipend to its local agency officials. Pursuant to the definitions provided in the bill, its requirements would apply to any member of a governing body and any elected official of cities and counties (including charter cities and charter counties), and special districts.

The bill allows a local agency to also require any of its employees to receive sexual harassment training and education as outlined in the bill. This bill is sponsored by Equal Rights Advocates.

1. Authors' Statement. According to the authors, "In 2004, AB 1825 (Reyes) established requirements for sexual harassment prevention training in the workplace. Specifically, it required that employers of 50 or more employees must provide training of a (minimum) of two hours on sexual harassment prevention training to all supervisors and once every two years. Also, it stated that these trainings should be conducted with existing state resources. In addition, AB 1825 mandated that training needed to be renewed every two years in order to keep employers/employees updated and refreshed on how to report, prevent, and recognize sexual harassment.

"However, existing law does not explicitly require city or county elected officials to take (a) sexual harassment prevention training course. Some cities have interpreted AB 1825 to not apply to city council members, while some cities have found that it does apply. This loophole has caused significant confusion. The cost to cities to litigate and/or settle claims for sexual harassment suits is in the hundreds of thousands of dollars, which result in a significant loss of revenue (and) diverts funds from essential constituent services.

"This bill aims to eliminate confusion by requiring that all city, county, charter city, charter county, charter city and county, special district employees, and city elected officials receive sexual harassment prevention training and education within a six month period after assuming a new position."

1. Background. During the past few years, California has witnessed a number of high-profile cases in which elected local government officials were accused and/or found guilty of sexually harassing their staff or other employees. Most visible among them was the City of San Diego's scandal with its former mayor. A major issue in that case involved a dispute between the City and the former mayor over who was responsible for the mayor's sexual harassment training, which he didn’t complete until after sexual harassment allegations were made public and after the required 6-month timeframe for training had elapsed.

The mayor's attorney argued that the City was responsible for defending the mayor in his legal battles, because the City failed to provide training to the mayor within the required 6-month timeline. The City contended that the mayor repeatedly refused to complete the on-line training course. The City of San Diego eventually settled several lawsuits against its former mayor, reporting in February that it expected total payouts when all suits were settled to reach $1 million.

There have been additional news reports and op-eds on this issue in other parts of the state, including West Hollywood and Sacramento. At issue is whether elected officials are considered "supervisory employees" and, as such, subject to current law that requires employers to provide sexual harassment training to employees who are supervisors. Some jurisdictions have interpreted the law to include elected officials among supervisory employees, while others have not.

This bill is modeled after current law governing ethics training for local agency officials, in an attempt to clarify that local agency officials are, indeed, required to complete training and education in sexual harassment.

1. Suggested Amendments. The Committee may wish to consider the following amendments:
   1. Prevent Duplicative Training. Current law governing ethics training for local agency officials contains a provision to account for local agency officials who serve on more than one board. This provision states, "A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies with which he or she serves." The Committee may wish to consider adding such a provision to this bill.
   2. Ensure Sufficiency of Course Content. Existing law requiring ethics training for local agency officials contains a provision that states, "If any entity develops curricula to satisfy the requirements of this section, then the Fair Political Practices Commission and the Attorney General shall be consulted regarding the sufficiency and accuracy of any proposed course content. When reviewing any proposed course content the Fair Political Practices Commission and the Attorney General shall not preclude an entity from also including local ethics policies in the curricula." The Committee may wish to include a similar provision in this bill.
   3. Prevent Conflict With Existing Law. Current law requires specified sexual harassment training for supervisory employees that is not identical to the provisions of this bill that apply to local agency employees. The Committee may wish to consider amending this bill to clarify that its provisions do not supersede existing law governing sexual harassment training for supervisory employees.

• 1. Technical Amendment. The bill's definition of "local agency official" should be amended to refer to "legislative body" instead of "governing body" to maintain consistency with ethics training requirements.

1. Previous Legislation. AB 2053 (Gonzalez), Chapter 306, Statutes of 2014, expanded on existing law related to sexual harassment training for supervisory employees to also include training on the prevention of abusive conduct.

SB 1087 (Monning), Chapter 750, Statutes of 2014, prohibited a farm labor contractor (FLC) who engages in sexual harassment from being issued an FLC’s license or renewing the license, as specified.

AB 1234 (Salinas), Chapter 700, Statutes of 2005, established provisions for ethics training for local government officials and designated employees.

AB 1825 (Reyes), Chapter 933, Statutes of 2004, required employers who have 50 or more employees to provide sexual harassment training and education to all supervisory employees.

1. Arguments in Support. The Sacramento Collective for Women's Rights, in support, writes, "Sexual harassment in the workplace continues to be a prevalent issue in the United States. Men and women alike can experience sexual harassment in the workplace; therefore, they should be able to recognize, resist and report it when it happens…AB 1661…aims to create a universal mandate for all city and county elected officials to complete such training. It is time for a universal law that specifically requires city and county elected officials to take this training so that it eliminates any confusion as to what trainings and courses they must take.”

The CSAC Excess Insurance Authority, also in support, adds, "As public entity members, we are often drawn into lengthy and costly employment-related lawsuits where claims of sexual harassment are brought forth. Oftentimes, we see that the lawsuits are directed at supervisory staff either for their direct actions or their inaction in addressing the alleged harassment…however, we also see that other employees who are aware of…potential harassment fail to bring the issue to light. We believe that expanding the existing law…will provide for greater education and awareness across all levels of employment in local government."

1. Arguments in Opposition. None on file.

REGISTERED SUPPORT / OPPOSITION:

Support

Equal Rights Advocates [SPONSOR]

Association of California Water Agencies

California Association of Recreation and Park Districts

California Fire Chiefs Association

California Women's Law Center

CSAC Excess Insurance Authority

Fire Districts Association of California

Los Angeles County Professional Peace Officers Association

Organization of SMUD Employees

Sacramento Collective for Women's Rights

San Diego County Court Employees Association

San Luis Obispo County Employees Association

Opposition

None on file

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958