Reso 2024-153 Censure of Vice-Mayor Fred Simon

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2024-153 RESOLUTION TO CENSURE VICE MAYOR FRED SIMON FOR MULTIPLE VIOLATIONS OF CITY OF SAN LEANDRO CHARTER SECTION 345, INTERFERENCE IN ADMINISTRATIVE SERVICE WHEREAS, on May 8, 2024, the City Attorney and Mayor Juan Gonzalez received a personnel complaint from then City Manager Fran Robustelli; and WHEREAS, on or around May 20, 2024, Carl Botterud, an independent investigator, was retained by the City and began an investigation into Ms. Robustelli’s personnel complaint; and WHEREAS, on October 30, 2024, the City received Mr. Botterud’s written report (hereinafter the “Investigation Report”); and WHEREAS, the investigator substantiated Ms. Robustelli’s complaint that Vice Mayor Simon breached his obligation under City Charter Section 345 to not interfere with Ms. Robustelli’s execution of her duties as City Manager; and WHEREAS, the investigator substantiated Ms. Robustelli’s complaint that Vice Mayor Simon subjected Ms. Robustelli to misconduct based on her decision to terminate the Police Chief’s employment; and WHEREAS, on October 21, 2024 the City of San Leandro City Council passed a resolution to amend Title 1 of the San Leandro Administrative Code to add a new Chapter 13, “City Council Internal Discipline Policy”; and WHEREAS, on November 4, 2024 Mayor Juan Gonzalez, Councilmember Ballew, Councilmember Bowen, and Councilmember Viveros-Walton, in accordance with San Leandro Administrative Code Section 1.13.110(c), submitted to the City Clerk a timely request to censure Vice Mayor Simon, which contained the specific charges on which the proposed censure is based; and WHEREAS, in accordance with San Leandro Administrative Code Section 1.13.110(c), Mayor Juan Gonzalez, Councilmember Ballew, Councilmember Bowen, and Councilmember Viveros-Walton, comprising a majority of the City Council, did direct the City Attorney, with assistance from the City Manager, to prepare the specific facts and allegations as to the charges for censure, and to proceed with the censure procedures in San Leandro Administrative Code Section 1.13.120; and WHEREAS, the specific facts and allegations as to the charges for censure are within the Investigation Report, attached hereto as Exhibit A and made a part hereof in its entirety with redactions for individuals’ personal phone numbers and email addresses, and in accordance with California Government Code Section 7927.700 because release of such information would constitute an unwarranted invasion of personal privacy, and is information contained in confidential personnel files. Under California Government Code Section 7922.000, in this case the public interest served by not disclosing the personal telephone numbers and emails, especially since such individuals are not