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SB-908 Legislature: sexual harassment records and tracking.(2017-2018)

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Date Published: 03/01/2018 09:00 PM
SB908:v98#DOCUMENT

Amended  IN  Senate  March 01, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 908


Introduced by Senator Nguyen

January 18, 2018


An act to amend Section 9075, and to add Article 3.7 (commencing with Section 9085) to Chapter 1.5 of Part 1 of Division 2 of Title 2, of the Government Code, relating to the Legislature.


LEGISLATIVE COUNSEL'S DIGEST


SB 908, as amended, Nguyen. Legislature: sexual harassment records and tracking.
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 complaint, investigation, and settlement records created on or after January 1, 2009, 1989, that reasonably relate to allegations of conduct by a Member or employee of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves or the employee is employed. The bill would require that personally-identifying personally identifying information of victims and witnesses be redacted from the records.
The bill would require each house of the Legislature to implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 9075 of the Government Code is amended to read:

9075.
 This article does not invalidate or affect the operation of Section 10207 or 10208 or Temporary Joint Rule 37 of the Senate and Assembly in effect on the effective date of this article or require the disclosure of records that are any of the following:
(a) Preliminary drafts, notes, or legislative memoranda, except as provided in Section 9080.
(b) Records pertaining to pending litigation to which the Legislature is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1, until the litigation or claim has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, provided that the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Rules Committee shall determine whether disclosure of these records constitutes an unwarranted invasion of personal privacy.
(d) Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications, provided that records of the total charges for any such communication shall be open for inspection.
(e) Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures shall be open for inspection.
(f) In the custody of or maintained by the Legislative Counsel, except those records in the public data base maintained by the Legislative Counsel that are described in Section 10248. Legislative records shall not be transferred to the custody of the Legislative Counsel to evade the disclosure provisions of this chapter.
(g) In the custody of or maintained by the majority and minority caucuses and majority and minority consultants of each house of the Legislature, provided that legislative records shall not be transferred to the custody of the majority and minority caucuses and majority and minority consultants of each house of the Legislature to evade the disclosure provisions of this chapter.
(h) Correspondence of and to individual Members of the Legislature and their staff, except as provided in Section 9080.
(i) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.
(j) Communications from private citizens to the Legislature, except as provided in Section 9080.
(k) (1) Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature, except as provided in paragraph (2).
(2) Complaint, investigation, and settlement records created on or after January 1, 2009, 1989, that reasonably relate to allegations of conduct by a Member, or employee, of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves, or the employee is employed, are not exempt under this section or Section 9074 and shall be made available for inspection pursuant to this article. Personally-identifying Personally identifying information of victims and witnesses shall be redacted from the records.

SEC. 2.

 Article 3.7 (commencing with Section 9085) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read:
Article  3.7. Sexual Harassment

9085.
 Each house of the Legislature shall implement a system to separately identify and track allegations of violations of the sexual harassment policy of the house. Each house shall ensure the tracking system clearly memorializes the status and resolution of each allegation and stores all records related to the allegation.