Text of 1st Denham complaint against Perata

Friends of Jeff Denham Against the Recall released copies of two complaints Thursday it says it filed with the California Attorney General against state Sen. Don Perata.

April 24, 2007

George Anderson, Director

Attorney General's Office, Division of Law Enforcement

1102 Q Street, 6th Floor

Sacramento, CA 95814

RE: Complaint - Coerced Political Activities by Employer (Labor Code §§ 1101, 1102); Bribery (Penal Code § 86)

Director Anderson:

A recent letter obtained by the undersigned offers irrefutable evidence that State Senator Don Perata has attempted to encourage State Senators to require their staff employees to engage in political activities in violation of Labor Code §§ 1101 and 1102. This same letter also offers evidence that State Senator Don Perata has likely linked the State Senators' compliance with his request with his official decisions as to their committee memberships and chairmanships in violation of Penal Code § 86.

FACTUAL BACKGROUND

The undersigned has obtained a copy of an April 17, 2008 letter sent by State Senate President Pro Tempore Don Perata to an undisclosed State Senator. A copy of said letter is attached to this complaint. The April 17th letter states, in full:

April 17, 2008

Dear Senator [REDACTED]

Your Chief of Staff was a no-show at yesterdays [sic] off-campus meeting.

The campaign staff reviewed the "demand list" of services needed between now and June 3rd.

Please ask your Chief of Staff to contact Shanda Chaudhry at shanda08@gmail.com ASAP. This is not an optional activity. Thank you.

DON PERATA

According to press accounts, letters similar to that quoted above were sent by State Senator Perata to several State Senators, including Gloria Negrete McLeod (D-Chino), Louis Correa (D-Santa Ana) and Ron Calderon (D-Montebello). Jason Kinney, a spokesman for State Senator Perata, has admitted that State Senator Perata did in fact send these letters to State Senators.

LEGAL BACKGROUND

California Labor Code § 1101 explicitly provides:

No employer shall make, adopt, or enforce any rule, regulation, or policy - (b) Controlling or directing, or tending to control or direct the political activities or affiliations of employees.

Similarly, California Labor Code § 1102 prohibits the following:

No employer shall coerce or influence or attempt to coerce or influence his employees through or by means of threat of discharge or loss of employment to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity.

To this end, state employees are explicitly covered by California Labor Code §§ 1101 and 1102. (See Labor Code § 1106.) Furthermore, an employer is liable not only for his own actions, but also of those directly supervising the employees, and the acts of the employees themselves. (See Labor Code § 1004.)

Any individual who violates Labor Code §§ 1101 and/or 1102 is guilty of a misdemeanor punishable by imprisonment not to exceed one year and/or a fine not to exceed $1000. (California Labor Code § 1103.)

Finally, any person who aids, abets, advises, or encourages a person covered by the statute to engage in activity violating Labor Code §§ 1101 and/or 1102 is equally criminally liable. (California Penal Code § 31.)

ALLEGATION #1

The April 17, 2008 letter quoted above reprimanded the recipient State Senator for his or her government office Chief of Staff not attending a meeting conducted for the purpose of organizing political activities in connection with the upcoming June 3, 2008 statewide election. Additionally, the letter demands that it "is not an optional activity" that the recipient State Senator require his or her Chief of Staff - an employee of the State Senator - to contact Ms. Chaudhry for the purpose of receiving a "demand list" of political services that the State Senator, the Chief of Staff, and/or other employees of the State Senator are to perform during the interim period prior to the election.