California Sen. Tony Mendoza resigns under threat of expulsion for sexual harassment

SACRAMENTO -- Under the threat of becoming the first lawmaker to be expelled from the Senate in more than 100 years, Sen. Tony Mendoza resigned Thursday after a Senate investigation found he engaged in unwanted sexual advances toward subordinate female staffers over the past 12 years.

In a letter to his fellow Senators, Mendoza said he stepped down because he refused to participate ``in the farcical investigation'' pushed by his former roommate Senate President Pro Tem Kevin de Leon, D-Los Angeles. He accused de Leon, who's challenging U.S. Sen. Dianne Feinstein in the November election, of seeking his removal to score political points with the #MeToo movement.

Mendoza, a Democrat from Artesia (Los Angeles County), is the third legislator to resign in three months following accusations of sexual harassment.

The former elementary school teacher had been on paid leave since Jan. 3 during a sexual harassment investigation that found he ``more likely than not'' engaged in unwanted sexual advances toward subordinate female staffers over the past 12 years. His resignation takes effect immediately.

``It's my duty as president of this body to say that we owe every employee that basic guarantee that we as an institution will not tolerate harassment nor sweep it under the rug when it is discovered,'' de Leon said from the Senate floor.

Mendoza said in his resignation letter that he is still considering running for re-election this year and that he will pursue a lawsuit he filed this week against the Senate alleging he was cast away as a political sacrifice for de Leon.

Mendoza's resignation took many lawmakers by surprise after he had spent months fighting allegations and said he planned to address his colleagues Thursday in the state Capitol ahead of a vote on whether to discipline him. Lawmakers were also considering suspending Mendoza for the remainder of his term without pay, a move many Republicans preferred.

``It is clear that Senate President Pro Tem Kevin de Leon will not rest until he has my head on a platter to convince the MeToo movement on his sincerity in supporting the MeToo cause,'' Mendoza wrote in the letter.

De Leon authored a resolution to expel Mendoza, but after four hours of private discussions, the measure had not been taken up in the Senate. It did not appear to have the two-thirds majority votes needed to pass.

The last time the Legislature expelled a member was Feb. 27, 1905 when four senators -- Harry Bunkers of San Francisco, Frank French of San Francisco, Eli Wright of San Jose and E.J. Emmons of Bakersfield -- were removed from office after they were criminally charged with accepting bribes.

In 2014, state Sens. Leland Yee, D-San Francisco, and Ron Calderon, D-Montebello (Los Angeles County), were suspended with pay after being indicted on separate federal corruption charges that ultimately led to convictions after their terms ended. State Sen. Rod Wright, D-Inglewood (Los Angeles County) had already been convicted of felony perjury when he was suspended with pay. Wright resigned after he was sentenced to three months in jail.

The Democratic majority ``didn't want to expel those guys,'' said Sen. Mike Morrell, R-Rancho Cucamonga (San Bernardino). ``I'm still trying to process this. I'm trying to figure out where the Democrats are coming from on this.''

After copies of Mendoza's resignation letter were handed out to Senators on the floor the mood noticeably lightened. Many lawmakers said they were unsure how they would vote on the prescient-setting expulsion.

A summary of the investigation made public Tuesday found Mendoza, who is married, ``more likely than not'' engaged in unwanted and unwelcome sexual advances toward legislative staffers, fellows, an intern and a lobbyist. That behavior extended from his time as an assemblyman from 2006 to 2012 and as a senator from 2014 to 2017.

Mendoza is among five California lawmakers who have faced accusations of sexual misconduct since the #MeToo movement prompted people to expose sexual harassment and abuse. Mendoza was among 14 lawmakers or legislative workers in California who were or are under investigation for sexual harassment.

Two lawmakers -- Assemblymen Raul Bocanegra, D-San Fernando Valley, and Matthew Dababneh, D-Encino (Los Angeles County) -- resigned late last year after facing allegations of sexual misconduct. They denied wrongdoing.

Assemblywoman Cristina Garcia, D-Bell Gardens (Los Angeles County), is on a voluntary unpaid leave from the Assembly after she was accused this month of groping a man in 2014. A former legislative staffer accused her of firing him after he refused to play spin-the-bottle with her in 2014, according to a complaint filed Saturday with the Department of Fair Employment and Housing. Garcia denies wrongdoing.

Accusations against Mendoza from two women alleging unwanted sexual advances were first reported in The Sacramento Bee in November. De Leon moved out of the home he shared with Mendoza immediately after but was criticized for not taking swift action against Mendoza.

When a third woman came forward in November accusing Mendoza of misconduct, de Leon striped him of his coveted committee post. In December, de Leon urged Mendoza to take a leave of absence after the Senate hired the law firm of Gibson Dunn and Van Dermyden Maddux to conduct the investigation into allegations.

In January, under pressure from de Leon, Mendoza took a paid leave, which lawmakers extended against Mendoza's wishes.

Mendoza filed a lawsuit against against the Senate in Sacramento Superior Court this month saying that forced suspension violated his constitutional rights to due process. On Thursday, Mendoza said he plans to pursue that lawsuit, alleging the Senate singled him out despite other lawmakers facing sexual harassment investigations.

An investigation into allegations of unwanted hugging and touching by Sen. Bob Hertzberg, D-Los Angeles, is completed. It's unclear whether the results will be released publicly. Mendoza questioned why Hertzberg was not asked to take a leave during the investigation.

``The Mendoza mess has brought to light all of the flaws of our sexual harassment policies but hopefully will lead us to some resolution,'' said Sen. Andy Vidak, R-Hanford (Kings County).