Amended in Senate August 15, 2016

Amended in Senate June 13, 2016

Amended in Assembly April 11, 2016

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 prevention 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 prevention 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 prevention training or information. The bill would also require an entity that develops curricula to satisfy this requirement to consult with thebegin delete Attorney General, city attorney,end deletebegin insert city attorneyend insert or county counsel regarding the sufficiency and accuracy of that proposed content.

Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. 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 Prevention Training and
6Education
7

 

8

53237.  

For the purposes of this article, the following terms
9have the following meanings:

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

12(b) “Local agency official” means any member of a local agency
13legislative body and any elected local agency official.

14

53237.1.  

(a) If a local agency provides any type of
15compensation, salary, or stipend to a local agency official of that
16agency, then all local agency officials of that agency shall receive
17sexual harassment prevention training and education pursuant to
18this article. A local agency may also require any of its employees
19to receive sexual harassment prevention training and education
20pursuant to this article.

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

25(c) An entity that develops curricula to satisfy the requirements
26of this section shall consult with thebegin delete Attorney General, city
27attorney,end delete
begin insert city attorneyend insert or county counsel regarding the sufficiency
28and accuracy of that proposed content. An entity is permitted to
29include local sexual harassment prevention training and education
30policies in the curricula.

P3    1(d) The training and education required by this section shall
2 include information and practical guidance regarding the federal
3and state statutory provisions concerning the prohibition against,
4and the prevention and correction of, sexual harassment and the
5remedies available to victims of sexual harassment in employment.
6The training and education shall also include practical examples
7aimed at instructing the local agency official in the prevention of
8sexual harassment, discrimination, and retaliation, and shall be
9presented by trainers or educators with knowledge and expertise
10in the prevention of sexual harassment, discrimination, and
11retaliation.

12(e) A local agency or an association of local agencies may offer
13one or more training courses, or sets of self-study materials with
14tests, to meet the requirements of this section. These courses may
15be taken at home, in person, or online.

16(f) All providers of training courses shall provide participants
17with proof of participation to meet the requirements of this article.

18(g) A local agency shall provide a recommendation on training
19available to meet the requirements of this article to its local agency
20officials and its employees at least oncebegin delete annuallyend delete in writtenbegin delete form.end delete
21
begin insert form before assuming a new position and every two years
22thereafter.end insert

23(h) A local agency official who serves more than one local
24agency shall satisfy the requirements of this article once every two
25years without regard to the number of local agencies he or she
26serves.

27

53237.2.  

(a) A local agency that requires its local agency
28officials or employees to complete the sexual harassment
29prevention training and education prescribed by this article shall
30maintain records indicating both of the following:

31(1) The dates that local agency officials or employees satisfied
32the requirements of this article.

33(2) The entity that provided the training.

34(b) Notwithstanding any other law, a local agency shall maintain
35these records for at least five years after local agency officials or
36employees receive the training. These records are public records
37subject to disclosure under the California Public Records Act
38(Chapter 3.5 (commencing with Section 6250) of Division 7 of
39Title 1).

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53237.5.  

The requirements of this article are in addition to any
2other law requiring similar or related training, and nothing in this
3article shall be construed to supersede the requirements of Section
412940 or 12950.1.

5

SEC. 2.  

The Legislature finds and declares that all employees
6should have the same opportunity to work in a safe and
7harassment-free environment and therefore, sexual harassment
8prevention training and education for all local agency officials is
9a matter of statewide concern and not merely a municipal affair,
10as that term is used in Section 5 of Article XI of the California
11Constitution. Therefore, this act shall apply to charter cities, charter
12counties, and charter cities and counties.begin insert The Legislature finds and
13declares that there have been incidents in which the employees of
14local governments have been sexually harassed by their colleagues.
15The Legislature further finds and declares that the harassment of
16local government employees by their colleagues can be prevented
17if local governments provide training and educating to their
18employees.end insert



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