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AB-2032 Legislature: misconduct records.(2017-2018)

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Date Published: 02/06/2018 09:00 PM
AB2032:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2032


Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Cunningham (Vice Chair), Chau, Chiu, Cristina Garcia, Holden, Kalra, Kiley, Maienschein, and Reyes)

February 06, 2018


An act to amend Section 9072 of, and to add Section 9075.5 to, the Government Code, relating to the Legislature.


LEGISLATIVE COUNSEL'S DIGEST


AB 2032, as introduced, Committee on Judiciary. 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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 person’s 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 his or her 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 public’s 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.