Reso 2024-153 Censure of Vice-Mayor Fred Simon

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RESOLUTION NO. 2024-153 2 witnesses, clearly outweighs the public interest served by disclosing such information in the Investigation Report. NOW, THEREFORE, the City of San Leandro City Council does RESOLVE that: 1. The City Council set the matter for Vice Mayor Simon’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, including the Investigation Report, shall serve as the written notice of the hearing, all of which were served upon Vice Mayor Simon 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, Vice Mayor Simon 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 Vice Mayor Simon’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 findings and after the censure hearing, that Vice Mayor Simon violated Charter Section 345 through a breach of his obligation to not interfere with then City Manager Robustelli’s execution of her duties as City Manager and Vice Mayor Simon also subjected City Manager Robustelli to misconduct based on her decision to terminate the Police Chief’s employment, then Vice Mayor Simon is hereby censured for the violations cited above, and the Council hereby takes the following disciplinary measures: (a) Within six months of the date this Resolution is passed, Vice Mayor Simon shall attend a Council/Manager relations training, and a retaliation claims prevention training. Fees and costs for these trainings, including any travel to attend these trainings, shall be paid out of Vice Mayor Simon’s existing travel budget. (b) Vice Mayor Simon is immediately removed from and is not eligible for future appointments to all legislative bodies or committees external to the City. Vice Mayor Simon may be eligible for such appointments upon proof that he completed the mandatory training in subsection (a). (c) 50% reduction in Vice Mayor Simon’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 Vice Mayor Simon 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, Vice Mayor Simon shall not be able to