California 2019-2020 Regular Session

California Assembly Bill AB772 Compare Versions

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11 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 772Introduced by Assembly Member MelendezFebruary 19, 2019 An act to amend Section 9072 of, and to add Section 9075.5 to, the Government Code, relating to the Legislature. LEGISLATIVE COUNSEL'S DIGESTAB 772, as introduced, Melendez. Legislature: misconduct records.The Legislative Open Records Act authorizes any person to inspect legislative records, as defined, subject to specified exemptions.This bill would make available under the act certain records regarding harassment, discrimination, or other misconduct complaints made against a Member of the Legislature or a high-level employee, as defined, if the complaint is found to be true, discipline is imposed as a result of the complaint, or there is reasonable cause to believe that the complaint is well-founded. The bill would authorize redaction of certain information of the accuser, the person who made the complaint, if different than the accuser, and witnesses.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 9072 of the Government Code is amended to read:9072. As used in this article:(a)Person includes any natural person, corporation, partnership, limited liability company, firm, or association.(a) Complaint means a communication regarding an allegation of harassment, discrimination, or other misconduct, including a report, claim, lawsuit, or correspondence.(b) Discipline means an admonishment, suspension, termination, or any other action that has been taken based on the persons conduct while employed by, or serving as a Member of, the Legislature. (c) High-level employee means a current or former employee of the Legislature who, during employment, had the authority or responsibility to supervise or to command serious attention to the persons recommendations to hire and fire other employees of the Legislature.(b)(d) Legislature includes any Member of the Legislature, any legislative officer, any standing, joint, or select committee or subcommittee of the Senate and Assembly, and any other agency or employee of the Legislature.(c)(e) Legislative records means any writing prepared on or after December 2, 1974, which contains information relating to the conduct of the publics business prepared, owned, used, or retained by the Legislature.(f) Person includes any natural person, corporation, partnership, limited liability company, firm, or association.(d)(g) Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.SEC. 2. Section 9075.5 is added to the Government Code, to read:9075.5. (a) Notwithstanding any exemptions available under Section 9075, the following records related to complaints of harassment, discrimination, or other misconduct by a Member of the Legislature or a high-level employee shall be made available for inspection if the complaint is found to be true, discipline is imposed as a result of the complaint, or there is reasonable cause to believe that the complaint is well-founded:(1) The complaint filed, any communication provided to the accuser or accused summarizing an investigation of the complaint or other record providing information about the outcome of the matter, and any record of discipline imposed.(2) Records pertaining to a settlement by the Legislature of any claim or lawsuit arising from a complaint of harassment, discrimination, or other misconduct, including the settlement agreement and records revealing the amount of the settlement. Notwithstanding subdivision (b), the names of the parties to a settlement shall not be redacted from these records.(b) The following information about the accuser, any person who made the complaint if that person is different from the accuser, and any witness may be redacted, unless on the facts of the particular case the public interest served by making the information public clearly outweighs the public interest served by not disclosing the information:(1) The name of the accuser, complainant, and witness.(2) Any other information that would identify the accuser, complainant, or witness.(3) Any other information that would constitute an unwarranted invasion of personal privacy.(c) This section does not limit the Legislature from doing either of the following:(1) Publicly disclosing additional records about harassment, discrimination, or other misconduct, including, but not limited to, records of findings or evidence that supports the disposition or resolution of the allegations in the complaint or records relating to misconduct by persons who are not Members of the Legislature or high-level employees.(2) Releasing any records to a law enforcement agency that is conducting a criminal investigation.
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33 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 772Introduced by Assembly Member MelendezFebruary 19, 2019 An act to amend Section 9072 of, and to add Section 9075.5 to, the Government Code, relating to the Legislature. LEGISLATIVE COUNSEL'S DIGESTAB 772, as introduced, Melendez. Legislature: misconduct records.The Legislative Open Records Act authorizes any person to inspect legislative records, as defined, subject to specified exemptions.This bill would make available under the act certain records regarding harassment, discrimination, or other misconduct complaints made against a Member of the Legislature or a high-level employee, as defined, if the complaint is found to be true, discipline is imposed as a result of the complaint, or there is reasonable cause to believe that the complaint is well-founded. The bill would authorize redaction of certain information of the accuser, the person who made the complaint, if different than the accuser, and witnesses.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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99 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
1010
1111 Assembly Bill No. 772
1212
1313 Introduced by Assembly Member MelendezFebruary 19, 2019
1414
1515 Introduced by Assembly Member Melendez
1616 February 19, 2019
1717
1818 An act to amend Section 9072 of, and to add Section 9075.5 to, the Government Code, relating to the Legislature.
1919
2020 LEGISLATIVE COUNSEL'S DIGEST
2121
2222 ## LEGISLATIVE COUNSEL'S DIGEST
2323
2424 AB 772, as introduced, Melendez. Legislature: misconduct records.
2525
2626 The Legislative Open Records Act authorizes any person to inspect legislative records, as defined, subject to specified exemptions.This bill would make available under the act certain records regarding harassment, discrimination, or other misconduct complaints made against a Member of the Legislature or a high-level employee, as defined, if the complaint is found to be true, discipline is imposed as a result of the complaint, or there is reasonable cause to believe that the complaint is well-founded. The bill would authorize redaction of certain information of the accuser, the person who made the complaint, if different than the accuser, and witnesses.
2727
2828 The Legislative Open Records Act authorizes any person to inspect legislative records, as defined, subject to specified exemptions.
2929
3030 This bill would make available under the act certain records regarding harassment, discrimination, or other misconduct complaints made against a Member of the Legislature or a high-level employee, as defined, if the complaint is found to be true, discipline is imposed as a result of the complaint, or there is reasonable cause to believe that the complaint is well-founded. The bill would authorize redaction of certain information of the accuser, the person who made the complaint, if different than the accuser, and witnesses.
3131
3232 ## Digest Key
3333
3434 ## Bill Text
3535
3636 The people of the State of California do enact as follows:SECTION 1. Section 9072 of the Government Code is amended to read:9072. As used in this article:(a)Person includes any natural person, corporation, partnership, limited liability company, firm, or association.(a) Complaint means a communication regarding an allegation of harassment, discrimination, or other misconduct, including a report, claim, lawsuit, or correspondence.(b) Discipline means an admonishment, suspension, termination, or any other action that has been taken based on the persons conduct while employed by, or serving as a Member of, the Legislature. (c) High-level employee means a current or former employee of the Legislature who, during employment, had the authority or responsibility to supervise or to command serious attention to the persons recommendations to hire and fire other employees of the Legislature.(b)(d) Legislature includes any Member of the Legislature, any legislative officer, any standing, joint, or select committee or subcommittee of the Senate and Assembly, and any other agency or employee of the Legislature.(c)(e) Legislative records means any writing prepared on or after December 2, 1974, which contains information relating to the conduct of the publics business prepared, owned, used, or retained by the Legislature.(f) Person includes any natural person, corporation, partnership, limited liability company, firm, or association.(d)(g) Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.SEC. 2. Section 9075.5 is added to the Government Code, to read:9075.5. (a) Notwithstanding any exemptions available under Section 9075, the following records related to complaints of harassment, discrimination, or other misconduct by a Member of the Legislature or a high-level employee shall be made available for inspection if the complaint is found to be true, discipline is imposed as a result of the complaint, or there is reasonable cause to believe that the complaint is well-founded:(1) The complaint filed, any communication provided to the accuser or accused summarizing an investigation of the complaint or other record providing information about the outcome of the matter, and any record of discipline imposed.(2) Records pertaining to a settlement by the Legislature of any claim or lawsuit arising from a complaint of harassment, discrimination, or other misconduct, including the settlement agreement and records revealing the amount of the settlement. Notwithstanding subdivision (b), the names of the parties to a settlement shall not be redacted from these records.(b) The following information about the accuser, any person who made the complaint if that person is different from the accuser, and any witness may be redacted, unless on the facts of the particular case the public interest served by making the information public clearly outweighs the public interest served by not disclosing the information:(1) The name of the accuser, complainant, and witness.(2) Any other information that would identify the accuser, complainant, or witness.(3) Any other information that would constitute an unwarranted invasion of personal privacy.(c) This section does not limit the Legislature from doing either of the following:(1) Publicly disclosing additional records about harassment, discrimination, or other misconduct, including, but not limited to, records of findings or evidence that supports the disposition or resolution of the allegations in the complaint or records relating to misconduct by persons who are not Members of the Legislature or high-level employees.(2) Releasing any records to a law enforcement agency that is conducting a criminal investigation.
3737
3838 The people of the State of California do enact as follows:
3939
4040 ## The people of the State of California do enact as follows:
4141
4242 SECTION 1. Section 9072 of the Government Code is amended to read:9072. As used in this article:(a)Person includes any natural person, corporation, partnership, limited liability company, firm, or association.(a) Complaint means a communication regarding an allegation of harassment, discrimination, or other misconduct, including a report, claim, lawsuit, or correspondence.(b) Discipline means an admonishment, suspension, termination, or any other action that has been taken based on the persons conduct while employed by, or serving as a Member of, the Legislature. (c) High-level employee means a current or former employee of the Legislature who, during employment, had the authority or responsibility to supervise or to command serious attention to the persons recommendations to hire and fire other employees of the Legislature.(b)(d) Legislature includes any Member of the Legislature, any legislative officer, any standing, joint, or select committee or subcommittee of the Senate and Assembly, and any other agency or employee of the Legislature.(c)(e) Legislative records means any writing prepared on or after December 2, 1974, which contains information relating to the conduct of the publics business prepared, owned, used, or retained by the Legislature.(f) Person includes any natural person, corporation, partnership, limited liability company, firm, or association.(d)(g) Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.
4343
4444 SECTION 1. Section 9072 of the Government Code is amended to read:
4545
4646 ### SECTION 1.
4747
4848 9072. As used in this article:(a)Person includes any natural person, corporation, partnership, limited liability company, firm, or association.(a) Complaint means a communication regarding an allegation of harassment, discrimination, or other misconduct, including a report, claim, lawsuit, or correspondence.(b) Discipline means an admonishment, suspension, termination, or any other action that has been taken based on the persons conduct while employed by, or serving as a Member of, the Legislature. (c) High-level employee means a current or former employee of the Legislature who, during employment, had the authority or responsibility to supervise or to command serious attention to the persons recommendations to hire and fire other employees of the Legislature.(b)(d) Legislature includes any Member of the Legislature, any legislative officer, any standing, joint, or select committee or subcommittee of the Senate and Assembly, and any other agency or employee of the Legislature.(c)(e) Legislative records means any writing prepared on or after December 2, 1974, which contains information relating to the conduct of the publics business prepared, owned, used, or retained by the Legislature.(f) Person includes any natural person, corporation, partnership, limited liability company, firm, or association.(d)(g) Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.
4949
5050 9072. As used in this article:(a)Person includes any natural person, corporation, partnership, limited liability company, firm, or association.(a) Complaint means a communication regarding an allegation of harassment, discrimination, or other misconduct, including a report, claim, lawsuit, or correspondence.(b) Discipline means an admonishment, suspension, termination, or any other action that has been taken based on the persons conduct while employed by, or serving as a Member of, the Legislature. (c) High-level employee means a current or former employee of the Legislature who, during employment, had the authority or responsibility to supervise or to command serious attention to the persons recommendations to hire and fire other employees of the Legislature.(b)(d) Legislature includes any Member of the Legislature, any legislative officer, any standing, joint, or select committee or subcommittee of the Senate and Assembly, and any other agency or employee of the Legislature.(c)(e) Legislative records means any writing prepared on or after December 2, 1974, which contains information relating to the conduct of the publics business prepared, owned, used, or retained by the Legislature.(f) Person includes any natural person, corporation, partnership, limited liability company, firm, or association.(d)(g) Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.
5151
5252 9072. As used in this article:(a)Person includes any natural person, corporation, partnership, limited liability company, firm, or association.(a) Complaint means a communication regarding an allegation of harassment, discrimination, or other misconduct, including a report, claim, lawsuit, or correspondence.(b) Discipline means an admonishment, suspension, termination, or any other action that has been taken based on the persons conduct while employed by, or serving as a Member of, the Legislature. (c) High-level employee means a current or former employee of the Legislature who, during employment, had the authority or responsibility to supervise or to command serious attention to the persons recommendations to hire and fire other employees of the Legislature.(b)(d) Legislature includes any Member of the Legislature, any legislative officer, any standing, joint, or select committee or subcommittee of the Senate and Assembly, and any other agency or employee of the Legislature.(c)(e) Legislative records means any writing prepared on or after December 2, 1974, which contains information relating to the conduct of the publics business prepared, owned, used, or retained by the Legislature.(f) Person includes any natural person, corporation, partnership, limited liability company, firm, or association.(d)(g) Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.
5353
5454
5555
5656 9072. As used in this article:
5757
5858 (a)Person includes any natural person, corporation, partnership, limited liability company, firm, or association.
5959
6060
6161
6262 (a) Complaint means a communication regarding an allegation of harassment, discrimination, or other misconduct, including a report, claim, lawsuit, or correspondence.
6363
6464 (b) Discipline means an admonishment, suspension, termination, or any other action that has been taken based on the persons conduct while employed by, or serving as a Member of, the Legislature.
6565
6666 (c) High-level employee means a current or former employee of the Legislature who, during employment, had the authority or responsibility to supervise or to command serious attention to the persons recommendations to hire and fire other employees of the Legislature.
6767
6868 (b)
6969
7070
7171
7272 (d) Legislature includes any Member of the Legislature, any legislative officer, any standing, joint, or select committee or subcommittee of the Senate and Assembly, and any other agency or employee of the Legislature.
7373
7474 (c)
7575
7676
7777
7878 (e) Legislative records means any writing prepared on or after December 2, 1974, which contains information relating to the conduct of the publics business prepared, owned, used, or retained by the Legislature.
7979
8080 (f) Person includes any natural person, corporation, partnership, limited liability company, firm, or association.
8181
8282 (d)
8383
8484
8585
8686 (g) Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.
8787
8888 SEC. 2. Section 9075.5 is added to the Government Code, to read:9075.5. (a) Notwithstanding any exemptions available under Section 9075, the following records related to complaints of harassment, discrimination, or other misconduct by a Member of the Legislature or a high-level employee shall be made available for inspection if the complaint is found to be true, discipline is imposed as a result of the complaint, or there is reasonable cause to believe that the complaint is well-founded:(1) The complaint filed, any communication provided to the accuser or accused summarizing an investigation of the complaint or other record providing information about the outcome of the matter, and any record of discipline imposed.(2) Records pertaining to a settlement by the Legislature of any claim or lawsuit arising from a complaint of harassment, discrimination, or other misconduct, including the settlement agreement and records revealing the amount of the settlement. Notwithstanding subdivision (b), the names of the parties to a settlement shall not be redacted from these records.(b) The following information about the accuser, any person who made the complaint if that person is different from the accuser, and any witness may be redacted, unless on the facts of the particular case the public interest served by making the information public clearly outweighs the public interest served by not disclosing the information:(1) The name of the accuser, complainant, and witness.(2) Any other information that would identify the accuser, complainant, or witness.(3) Any other information that would constitute an unwarranted invasion of personal privacy.(c) This section does not limit the Legislature from doing either of the following:(1) Publicly disclosing additional records about harassment, discrimination, or other misconduct, including, but not limited to, records of findings or evidence that supports the disposition or resolution of the allegations in the complaint or records relating to misconduct by persons who are not Members of the Legislature or high-level employees.(2) Releasing any records to a law enforcement agency that is conducting a criminal investigation.
8989
9090 SEC. 2. Section 9075.5 is added to the Government Code, to read:
9191
9292 ### SEC. 2.
9393
9494 9075.5. (a) Notwithstanding any exemptions available under Section 9075, the following records related to complaints of harassment, discrimination, or other misconduct by a Member of the Legislature or a high-level employee shall be made available for inspection if the complaint is found to be true, discipline is imposed as a result of the complaint, or there is reasonable cause to believe that the complaint is well-founded:(1) The complaint filed, any communication provided to the accuser or accused summarizing an investigation of the complaint or other record providing information about the outcome of the matter, and any record of discipline imposed.(2) Records pertaining to a settlement by the Legislature of any claim or lawsuit arising from a complaint of harassment, discrimination, or other misconduct, including the settlement agreement and records revealing the amount of the settlement. Notwithstanding subdivision (b), the names of the parties to a settlement shall not be redacted from these records.(b) The following information about the accuser, any person who made the complaint if that person is different from the accuser, and any witness may be redacted, unless on the facts of the particular case the public interest served by making the information public clearly outweighs the public interest served by not disclosing the information:(1) The name of the accuser, complainant, and witness.(2) Any other information that would identify the accuser, complainant, or witness.(3) Any other information that would constitute an unwarranted invasion of personal privacy.(c) This section does not limit the Legislature from doing either of the following:(1) Publicly disclosing additional records about harassment, discrimination, or other misconduct, including, but not limited to, records of findings or evidence that supports the disposition or resolution of the allegations in the complaint or records relating to misconduct by persons who are not Members of the Legislature or high-level employees.(2) Releasing any records to a law enforcement agency that is conducting a criminal investigation.
9595
9696 9075.5. (a) Notwithstanding any exemptions available under Section 9075, the following records related to complaints of harassment, discrimination, or other misconduct by a Member of the Legislature or a high-level employee shall be made available for inspection if the complaint is found to be true, discipline is imposed as a result of the complaint, or there is reasonable cause to believe that the complaint is well-founded:(1) The complaint filed, any communication provided to the accuser or accused summarizing an investigation of the complaint or other record providing information about the outcome of the matter, and any record of discipline imposed.(2) Records pertaining to a settlement by the Legislature of any claim or lawsuit arising from a complaint of harassment, discrimination, or other misconduct, including the settlement agreement and records revealing the amount of the settlement. Notwithstanding subdivision (b), the names of the parties to a settlement shall not be redacted from these records.(b) The following information about the accuser, any person who made the complaint if that person is different from the accuser, and any witness may be redacted, unless on the facts of the particular case the public interest served by making the information public clearly outweighs the public interest served by not disclosing the information:(1) The name of the accuser, complainant, and witness.(2) Any other information that would identify the accuser, complainant, or witness.(3) Any other information that would constitute an unwarranted invasion of personal privacy.(c) This section does not limit the Legislature from doing either of the following:(1) Publicly disclosing additional records about harassment, discrimination, or other misconduct, including, but not limited to, records of findings or evidence that supports the disposition or resolution of the allegations in the complaint or records relating to misconduct by persons who are not Members of the Legislature or high-level employees.(2) Releasing any records to a law enforcement agency that is conducting a criminal investigation.
9797
9898 9075.5. (a) Notwithstanding any exemptions available under Section 9075, the following records related to complaints of harassment, discrimination, or other misconduct by a Member of the Legislature or a high-level employee shall be made available for inspection if the complaint is found to be true, discipline is imposed as a result of the complaint, or there is reasonable cause to believe that the complaint is well-founded:(1) The complaint filed, any communication provided to the accuser or accused summarizing an investigation of the complaint or other record providing information about the outcome of the matter, and any record of discipline imposed.(2) Records pertaining to a settlement by the Legislature of any claim or lawsuit arising from a complaint of harassment, discrimination, or other misconduct, including the settlement agreement and records revealing the amount of the settlement. Notwithstanding subdivision (b), the names of the parties to a settlement shall not be redacted from these records.(b) The following information about the accuser, any person who made the complaint if that person is different from the accuser, and any witness may be redacted, unless on the facts of the particular case the public interest served by making the information public clearly outweighs the public interest served by not disclosing the information:(1) The name of the accuser, complainant, and witness.(2) Any other information that would identify the accuser, complainant, or witness.(3) Any other information that would constitute an unwarranted invasion of personal privacy.(c) This section does not limit the Legislature from doing either of the following:(1) Publicly disclosing additional records about harassment, discrimination, or other misconduct, including, but not limited to, records of findings or evidence that supports the disposition or resolution of the allegations in the complaint or records relating to misconduct by persons who are not Members of the Legislature or high-level employees.(2) Releasing any records to a law enforcement agency that is conducting a criminal investigation.
9999
100100
101101
102102 9075.5. (a) Notwithstanding any exemptions available under Section 9075, the following records related to complaints of harassment, discrimination, or other misconduct by a Member of the Legislature or a high-level employee shall be made available for inspection if the complaint is found to be true, discipline is imposed as a result of the complaint, or there is reasonable cause to believe that the complaint is well-founded:
103103
104104 (1) The complaint filed, any communication provided to the accuser or accused summarizing an investigation of the complaint or other record providing information about the outcome of the matter, and any record of discipline imposed.
105105
106106 (2) Records pertaining to a settlement by the Legislature of any claim or lawsuit arising from a complaint of harassment, discrimination, or other misconduct, including the settlement agreement and records revealing the amount of the settlement. Notwithstanding subdivision (b), the names of the parties to a settlement shall not be redacted from these records.
107107
108108 (b) The following information about the accuser, any person who made the complaint if that person is different from the accuser, and any witness may be redacted, unless on the facts of the particular case the public interest served by making the information public clearly outweighs the public interest served by not disclosing the information:
109109
110110 (1) The name of the accuser, complainant, and witness.
111111
112112 (2) Any other information that would identify the accuser, complainant, or witness.
113113
114114 (3) Any other information that would constitute an unwarranted invasion of personal privacy.
115115
116116 (c) This section does not limit the Legislature from doing either of the following:
117117
118118 (1) Publicly disclosing additional records about harassment, discrimination, or other misconduct, including, but not limited to, records of findings or evidence that supports the disposition or resolution of the allegations in the complaint or records relating to misconduct by persons who are not Members of the Legislature or high-level employees.
119119
120120 (2) Releasing any records to a law enforcement agency that is conducting a criminal investigation.