BILL NUMBER: AB 1661 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE JUNE 13, 2016
AMENDED IN ASSEMBLY APRIL 11, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
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 the
Attorney General, city attorney, city
attorney or county counsel regarding the sufficiency and
accuracy of that proposed content.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2.4.5 (commencing with Section 53237) is added
to Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
Code, to read:
Article 2.4.5. Sexual Harassment Prevention Training and
Education
53237. For the purposes of this article, the following terms have
the following meanings:
(a) "Local agency" means a city, county, city and county, charter
city, charter county, charter city and county, or special district.
(b) "Local agency official" means any member of a local agency
legislative body and any elected local agency official.
53237.1. (a) If a local agency provides any type of compensation,
salary, or stipend to a local agency official of that agency, then
all local agency officials of that agency shall receive sexual
harassment prevention training and education pursuant to this
article. A local agency may also require any of its employees to
receive sexual harassment prevention training and education pursuant
to this article.
(b) Each local agency official, or employee who is so required,
shall receive at least two hours of sexual harassment prevention
training and education within the first six months of taking office
or commencing employment, and every two years thereafter.
(c) An entity that develops curricula to satisfy the requirements
of this section shall consult with the Attorney General,
city attorney, city attorney or county counsel
regarding the sufficiency and accuracy of that proposed content. An
entity is permitted to include local sexual harassment prevention
training and education policies in the curricula.
(d) The training and education required by this section shall
include information and practical guidance regarding the federal and
state statutory provisions concerning the prohibition against, and
the prevention and correction of, sexual harassment and the remedies
available to victims of sexual harassment in employment. The training
and education shall also include practical examples aimed at
instructing the local agency official in the prevention of sexual
harassment, discrimination, and retaliation, and shall be presented
by trainers or educators with knowledge and expertise in the
prevention of sexual harassment, discrimination, and retaliation.
(e) A local agency or an association of local agencies may offer
one or more training courses, or sets of self-study materials with
tests, to meet the requirements of this section. These courses may be
taken at home, in person, or online.
(f) All providers of training courses shall provide participants
with proof of participation to meet the requirements of this article.
(g) A local agency shall provide a recommendation on training
available to meet the requirements of this article to its local
agency officials and its employees at least once annually
in written form. form before
assuming a new position and every two years thereafter.
(h) A local agency official who serves more than one local agency
shall satisfy the requirements of this article once every two years
without regard to the number of local agencies he or she serves.
53237.2. (a) A local agency that requires its local agency
officials or employees to complete the sexual harassment prevention
training and education prescribed by this article shall maintain
records indicating both of the following:
(1) The dates that local agency officials or employees satisfied
the requirements of this article.
(2) The entity that provided the training.
(b) Notwithstanding any other law, a local agency shall maintain
these records for at least five years after local agency officials or
employees receive the training. These records are public records
subject to disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1).
53237.5. The requirements of this article are in addition to any
other law requiring similar or related training, and nothing in this
article shall be construed to supersede the requirements of Section
12940 or 12950.1.
SEC. 2. The Legislature finds and declares that all employees
should have the same opportunity to work in a safe and
harassment-free environment and therefore, sexual harassment
prevention training and education for all local agency officials is a
matter of statewide concern and not merely a municipal affair, as
that term is used in Section 5 of Article XI of the California
Constitution. Therefore, this act shall apply to charter cities,
charter counties, and charter cities and counties. The
Legislature finds and declares that there have been incidents in
which the employees of local governments have been sexually harassed
by their colleagues. The Legislature further finds and
declares that the harassment of local government employees by their
colleagues can be prevented if local governments provide training and
educating to their employees.