Senate Finds Tony Mendoza 'Likely' Misbehaved Towards 6 Women

ARTESIA, CA – Investigators probing alleged sexual improprieties by Sen. Tony Mendoza, D-Artesia, found that he "more likely than not" engaged in flirtatious or suggestive behavior toward a half-dozen women dating back to 2006, according to an investigative summary released Tuesday.

"Four of these women were working for Mendoza as staff memebers, interns or fellows at the time of his conduct," according to the summary, which was released by the Senate Rules Committee. "None of these women alleged that they had a sexual relationship with Mendoza or that he had been physically aggressive or sexually crude towards them.

"However, the recipients of this unwelcome behavior understood that Mendoza was suggesting sexual contact," according to the report.

A statement from the Senate Rules Committee did not indicate if the panel was recommending any disciplinary action against Mendoza, who has been on leave since early January while the investigation was being conducted.

The committee stated last week that if disciplinary action was being recommended, the investigative report would be presented Wednesday to the Senate Democratic and Republican Caucuses.

The Rules Committee noted in its statement that suspending or expelling a sitting state senator requires a two-thirds vote of the Senate. Censure requires only a majority vote.

Mendoza has repeatedly denied any wrongdoing. He filed a lawsuit against the state last week, claiming he was illegally prevented from returning to work when his leave of absence was scheduled to end Jan. 26. The Senate voted at that time to extend his leave another 60 days so the probe could be completed.

According to the investigative report, none of the six women making allegations against Mendoza contended that he "explicitly threatened them or offered career benefits in exchange for sexual favors," however, the women who were working for him "believed that complaining about his conduct could put their careers at risk."

The report includes allegations dating back to 2006, beginning when Mendoza was serving in the state Assembly. According to the document, investigators found it "more likely than not" Mendoza:

– engaged in flirtatious behavior with a female staffer in 2007, including asking him to share a room with him at an event in Hawaii;

– shared alcoholic beverages with a 19-year-old intern in 2008 at a hotel at the Democratic California Convention and engaged in suggestive conversation with her, including asking about her dating life;

– engaged in unwanted flirtatious and sexually suggestive behavior with a female staffer in 2010, including "inviting her to dinner or drinks and kissing her on the cheek after driving her to her house";

– engaged in flirtatious and suggestive behavior with a Senate Fellow, a woman in her 20s, in his office in 2017, including a suggestion that they share a hotel room at an overnight event they were both attending, suggesting she rent a spare room at his house and suggesting they take a vacation together;

– flirted with another Senate Fellow working for another legislator in 2015, inviting her to visit him at his home; and

– engaged in flirtatious and suggestive behavior with a female lobbyist in 2015, taking her out to dinner and asking her "what type of guys she likes."

The investigators rejected allegations that three Capitol staff members were fired in 2017 in retaliation for speaking out about Mendoza's behavior. According to the report, there were "pre-existing conflicts" among members of Mendoza's office, and the firings were likely "terminated for reasons unrelated to any complaint of sexual harassment."

Mendoza issued a statement declaring, "I am particularly disheartened and extremely concerned, as members of the Senate should be over the extreme lack of due process that has been afforded during the entire investigative process regarding the allegations of inappropriate behavior by certain members of the Legislature.

"Quite frankly, the whole lack of due process could be best described as the proverbial `building the plane as we fly it' approach which is both troubling and disconcerting. It sets a dangerous precedent now and into the future for this body because past precedent has been to only expel members who have been convicted of a felony. This raises the stakes for future perceived infractions by members of this body.

"Senate Rules Committee has recommended action against based on its unfair and secret investigative that violated my civil rights and due process. Today, it refused to provide me any opportunity to even review the findings or to offer my side of the story. The committee had never provided me any charges, the basis for the charges, a list of witnesses or access to any evidence used against me, or an opportunity to make a response to the investigative findings.

"My only role in the investigation has been as a witness subject to the investigators' questions. This inability to view and understand the accusations in a timely fashion rubs across the grain of fairness, impartiality and ultimately justice."

City News Service; Image via Rich Pedroncelli/Associated Press