California Legislature—2015–16 Regular Session

Assembly BillNo. 1661


Introduced by Assembly Members McCarty and Gonzalez

(Coauthor: Assembly Member Kim)

(Coauthor: Senator Jackson)

January 13, 2016


An act to add Article 2.4.5 (commencing with Section 53237) to Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1661, as introduced, McCarty. Local government: sexual harassment training and education.

Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law also requires any civil or political subdivision of the state and all cities to provide at least 2 hours of training and education regarding sexual harassment to all supervisory employees, as specified.

This bill would additionally require local agency officials, as defined, to receive sexual harassment training and education if the local agency provides any type of compensation, salary, or stipend to those officials, and would allow a local agency to require employees to receive sexual harassment training or information.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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SECTION 1.  

Article 2.4.5 (commencing with Section 53237)
2is added to Chapter 2 of Part 1 of Division 2 of Title 5 of the 3Government Code, to read:

4 

5Article 2.4.5.  Sexual Harassment Training and Education
6

 

7

53237.  

For the purposes of this article, the following terms
8have the following meanings:

9(a) “Legislative body” has the same meaning as specified in
10Section 54952.

11(b) “Local agency” means a city, county, city and county, charter
12city, charter county, charter city and county, or special district.

13(c) “Local agency official” means any member of a local agency
14governing body and any elected local agency official.

15

53237.1.  

(a) If a local agency provides any type of
16compensation, salary, or stipend to a local agency official of that
17agency, then all local agency officials of that agency shall receive
18sexual harassment training and education pursuant to this article.
19A local agency may also require any of its employees to receive
20sexual harassment training and education pursuant to this article.

21(b) Each local agency official, or employee who is so required,
22shall receive at least two hours of sexual harassment training and
23education within the first six months of taking office or
24commencing employment, and every two years thereafter.

25(c) The training and education required by this section shall
26 include information and practical guidance regarding the federal
27and state statutory provisions concerning the prohibition against,
28and the prevention and correction of, sexual harassment and the
29remedies available to victims of sexual harassment in employment.
30The training and education shall also include practical examples
31aimed at instructing the local agency official in the prevention of
32sexual harassment, discrimination, and retaliation, and shall be
33presented by trainers or educators with knowledge and expertise
34in the prevention of sexual harassment, discrimination, and
35retaliation.

36(d) A local agency or an association of local agencies may offer
37one or more training courses, or sets of self-study materials with
P3    1tests, to meet the requirements of this section. These courses may
2be taken at home, in person, or online.

3(e) All providers of training courses shall provide participants
4with proof of participation to meet the requirements of this article.

5(f) A local agency shall provide information on training available
6to meet the requirements of this article to its local agency officials
7and its employees at least once annually.

8

53237.2.  

(a) A local agency that requires its local agency
9officials or employees to complete the sexual harassment training
10and education prescribed by this article shall maintain records
11indicating both of the following:

12(1) The dates that local agency officials or employees satisfied
13the requirements of this article.

14(2) The entity that provided the training.

15(b) Notwithstanding any other law, a local agency shall maintain
16these records for at least five years after local agency officials or
17employees receive the training. These records are public records
18subject to disclosure under the California Public Records Act
19 (Chapter 3.5 (commencing with Section 6250) of Division 7 of
20Title 1).

21

SEC. 2.  

The Legislature finds and declares that all employees
22should have the same opportunity to work in a safe and harassment
23free environment and therefore, sexual harassment training and
24education for all local agency officials is a matter of statewide
25concern and, not merely a municipal affair, as that term is used in
26Section 5 of Article XI of the California Constitution. Therefore,
27this act shall apply to charter cities, charter counties, and charter
28cities and counties.



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