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<br />7 <br /> <br />rule did not require her selection, when it was the very reason why he was allowed to serve as <br />Vice Mayor last year. Aguilar claimed that Bowen had missed a lot of meetings and was <br />frequently tardy — contentions that were refuted by the meeting attendance records maintained <br />by the City’s staff. Thus, by attempting to block her path to Vice Mayor and offering pretextual <br />reasons for their decision, the evidence supports a finding that they have retaliated against <br />Bowen. <br /> <br />B. Aguilar Engaged in Abusive Conduct Towards Bowen, And Then Attempted to <br />Besmirch Her Reputation After She Was Physically Violated by A Mutual <br />Acquaintance <br /> <br /> Witness accounts and recordings of City Council Meetings reveal that Aguilar has <br />engaged in a pattern of abusive conduct and undermined Bowen’s work. During the April 20, <br />2024, Annual Planning Meeting, Aguilar repeatedly claimed that he was being “bombarded” and <br />“blindsided” by her, simply because she complied with the City Manager’s deadline and <br />submitted her list of priorities on time, which resulted in her priorities being presented for <br />consideration by the City Council. Simon also derailed the meeting by questioning why his <br />priorities were not included when he evidently had not complied with the City Manager’s <br />deadline. Ultimately, the audio recording of the meeting confirms that Aguilar engaged in <br />personalized attacks of Bowen, and together with Simon, they derailed the Council’s <br />consideration and vote on Bowen’s priorities. <br /> <br /> Bowen raised suspicions that Aguilar tried to set her up to be physically violated by a <br />professional colleague at the National League of Cities Conference and then attempted to <br />besmirch her reputation by telling people she was really intoxicated that night, implying that her <br />behavior might have been a contributing factor. The incident prompted Bowen to file a police <br />report against her assailant, which resulted in a charge of misdemeanor battery. When Bowen <br />decided to address this incident at the end of a City Council Meeting, Aguilar immediately <br />sought to change the subject and reminded everyone about the State of the City address and <br />celebration, which Bowen believes is part of his unremitting pattern of undermining her. <br /> <br />C. Simon and Aguilar Have Subjected Bowen, Female City Council Members, and A <br />Female Employee to Differential Treatment Reflecting Gender Bias <br /> <br />Simon and Aguilar have engaged in disrespectful and demeaning conduct towards <br />Bowen and other women in positions of authority. Bowen, Viveros-Walton, Robustelli, Cutter, <br />Cox, Reynes, Cameron, and Ballew revealed that Simon and Aguilar have exhibited <br />disrespectful, demeaning, and dismissive behavior towards competent women in positions of <br />authority. Both Cutter and Cox felt demoralized by Simon and Aguilar’s consistently <br />disrespectful and dismissive treatment, and they noted their demeaning mistreatment of Bowen, <br />providing corroboration for Bowen’s claims. <br /> <br />Aguilar has scrutinized and undermined the City’s support and funding for Bowen’s <br />participation in various programs over the years, but he has not scrutinized or objected to the <br />City’s expenditure of funds for the travel expenses of Simon or other male City Council <br />Members, which reveals a pattern of differential treatment of Bowen based on gender. <br />Aguilar undermined the City’s sponsorship and funding of Bowen’s participation in various <br />programs, but he did not object to the City’s reimbursement of Simon’s travel expenses, even <br />those viewed as excessive and unnecessary by the former Mayor and former City Manager. <br /> <br /> Simon and Aguilar failed to present a legitimate non-discriminatory business reason for <br />their support of a less qualified and less experienced male employee over Janelle Cameron who <br />was universally perceived as qualified for the City Manager position, which supports a finding of <br />gender bias. <br /> <br /> Bowen, Robustelli, Reynes, Cutter, and Cox recounted that Simon supported the <br />selection of a less qualified male candidate over Sbeydeh Viveros-Walton as City <br />Exhibit A <br />Resolution No. 2026-021 Page 7