Reso 2024-152 Censure of Councilmember Aguilar

Home

RESOLUTION NO. 2024-152 2 NOW, THEREFORE, the City of San Leandro City Council does RESOLVE that: 1. The City Council set the matter for Councilmember Aguilar’s censure hearing at the City Council’s regular meeting of November 18, 2024. 2. In accordance with San Leandro Administrative Code Section 1.13.120(a), the correspondence associated with this Resolution shall serve as the written notice of the hearing, and was served at least ten (10) days in advance of the scheduled hearing. 3. San Leandro Administrative Code Section 1.13.120(b) and this resolution provide the hearing procedures. At the censure hearing, Councilmember Aguilar shall be given a total of ten (10) minutes to make an opening and closing statement, call witnesses on his behalf, and to question the Councilmembers bringing this censure resolution. The questioning or cross- questioning of Councilmember Aguilar’s witnesses may be reasonably limited during the censure hearing by the Mayor. Testimony shall be taken only from witnesses having direct knowledge of facts or circumstances relevant to the specific charges under consideration. The rules of evidence and judicial procedure applicable in courts of law shall not apply to this hearing, and the procedures for the conduct of the hearing shall be generally informal; and BE IT FURTHER RESOLVED that in accordance with San Leandro Administrative Code Section 1.13.125, if a majority of the Council finds, based on the Investigation Report and the substantiated finding and after the censure hearing, that Councilmember Aguilar violated Charter Section 345, then Councilmember Aguilar is hereby censured for the violation cited above, and the Council hereby takes the following disciplinary measures: (a) Within six months of the date this Resolution is passed, Councilmember Aguilar shall attend a Council/Manager relations training. Fees and costs for this training, including any travel to attend this training, shall be paid out of Councilmember Aguilar’s existing travel budget. (b) Councilmember Aguilar is immediately removed from and is not eligible for future appointments to all legislative bodies or committees external to the City. Councilmember Aguilar may be eligible for such appointments upon proof that he completed the mandatory training in subsection (a). (c) 50% reduction in Councilmember Aguilar’s travel and training budget, equivalent to $5,000 for the remainder of FY 2024-2025. This reduction may be applied into FY 2025-2026, so that Councilmember Aguilar may travel to Washington D.C., should he choose to do so, for the City’s annual lobbying trip. (d) Should the policy be approved by the City Council, Councilmember Aguilar shall not be able to access the City Council’s excess travel and training budget pool of funds for his future Council travel and training needs. Furthermore, any disbursements that may be payable to Councilmember Aguilar from the fund shall instead be dedicated to the Department of Human Services for programs to serve the unhoused; and