SENATOR MENDOZA FILES LAWSUIT AGAINST THE SENATE AND SENATE RULES COMMITTEE

Statement from Mendoza:

SACRAMENTO, California – Today, Senator Tony Mendoza and his constituent Roger Bagne filed a lawsuit against the California State Senate, and the Senate Rules Committee, in order to protect Senator Mendoza’s constitutional rights and, more importantly, the rights of his nearly one-million constituents.

“The Senate’s disparate treatment of its own members and their constituents, along with its constantly-evolving and secretive investigative process is wrong and deeply troubling,” said Senator Mendoza.  “The Senate’s process and procedures for handling sexual harassment allegations remain a mystery, which unfairly impacts not only me, but also my constituents, the public, and victims of sexual harassment, who have no idea how their complaints will be handled.”

Although Senator Mendoza and Mr. Bagne had hoped that the Senate would voluntarily cease and correct its unconstitutional actions, Senator Mendoza’s pleas for transparency and due process were consistently ignored and dismissed.  The Senator and Mr. Bagne had no other option but to seek judicial intervention.

Mr. Bagne is a long-time resident of Senate District 32 and voted for Senator Mendoza in the last election.  For many weeks, the Senate has stripped Mr. Bagne of his right to representation in the Senate, while the Rules Committee conducts a secret investigation into the last decade of Senator Mendoza’s career.  After the Senate haphazardly passed Senate Resolution No. 79, the five-member Rules Committee suspended Senator Mendoza indefinitely – without any finding of wrongdoing.  This has left Mr. Bagne and all of Senator Mendoza’s constituents without representation indefinitely.

“What’s happening now does not bolster the public’s confidence in the integrity of the system,” said Mr.  Bagne.  “I’m frustrated that my fellow neighbors and I have been left without representation just to fit in with election politicking.”

Although Senator Mendoza has pieced together that the Senate is investigating various sexual harassment allegations against him, the Senate has never given Senator Mendoza any information regarding the scope of its investigation, the actual allegations that have been made, what standards are being used to identify possible misconduct, and what action the Senate will take when its secret investigation has concluded.

The Rules Committee has wholly ignored Senator Mendoza’s requests for this information.  Although Senator Mendoza has steadfastly denied any wrongdoing, members of the Rules Committee have already prejudged him and publicly claimed that Senator Mendoza has “no decency.”  Yet, the Rules Committee itself already determined in 2017 that allegations made by a former employee against Senator Mendoza were unsubstantiated.

In their lawsuit, Senator Mendoza and Mr. Bagne seek to stop the Senate’s ongoing violations of Senator Mendoza’s due process and equal protection rights and to stop the disparate treatment of his unrepresented constituents.  Although at least one other member of the Senate is under investigation and has been accused of sexual harassment, only Senator Mendoza has been suspended – and only Senator Mendoza’s constituents have been left without representation.

Among other things, the lawsuit seeks a court order lifting Senator Mendoza’s unconstitutional and indefinite suspension, and it seeks to restore Mr. Bagne’s full rights to representation in the Senate as a California citizen.

See lawsuit click here.

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