Amended in Assembly March 17, 2016

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 amended, 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:

P2    1

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”begin delete has the same meaning as specified in
10Section 54952.end delete
begin insert means the governing body of a city, county, city
11and county, or special district.end insert

12(b) “Local agency” means a city, county, city and county, charter
13city, charter county, charter city and county, or special district.

14(c) “Local agency official” means any member of a local agency
15governing body and any elected local agency official.

16

53237.1.  

(a) If a local agency provides any type of
17compensation, salary, or stipend to a local agency official of that
18agency, then all local agency officials of that agency shall receive
19sexual harassment training and education pursuant to this article.
20A local agency may also require any of its employees to receive
21sexual harassment training and education pursuant to this article.

22(b) Each local agency official, or employee who is so required,
23shall receive at least two hours of sexual harassment training and
24education within the first six months of taking office or
25commencing employment, and every two years thereafter.

26(c) The training and education required by this section shall
27 include information and practical guidance regarding the federal
28and state statutory provisions concerning the prohibition against,
29and the prevention and correction of, sexual harassment and the
30remedies available to victims of sexual harassment in employment.
31The training and education shall also include practical examples
32aimed at instructing the local agency official in the prevention of
33sexual harassment, discrimination, and retaliation, and shall be
34presented by trainers or educators with knowledge and expertise
35in the prevention of sexual harassment, discrimination, and
36retaliation.

37(d) A local agency or an association of local agencies may offer
38one 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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