Reso 2026-021 Discipline - Councilmember Aguilar

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10 recounted by witnesses, Simon, along with Aguilar, has engaged in gaslighting others who raise legitimate concerns about their behavior and decisions, and his claim of race discrimination is a prime example of this. C. Bowen Claims Simon and Aguilar Retaliated Against Her After She Voted to Censure Them for Their Interference with The Former City Manager’s Duties At the November 18, 2024, City Council Meeting, Bowen voted in favor of censuring both Simon and Aguilar based on the conclusions of the prior Botterud investigation, which found that the two men had subjected Robustelli to adverse treatment for terminating the former Police Chief and interfered with her duties in violation of the City Charter and their obligations as City Council Members. Bowen recounted that “[n]either Aguilar nor Simon acknowledged any wrongdoing or contriteness during and after the Censure hearing. Both claimed that they were being politically targeted despite the evidence substantiating the former city manager’s claims that they interfered with her ability to do her work and showed signs of gender bias. I witnessed Simon and Aguilar bully Robustelli, trying to intimidate and coerce her. Some examples are included in the [Botterud] report.” Bowen claims that Simon went out of his way to try to deprive her of being named Vice Mayor. She contends she had enough votes from the other Council Members to be Vice Mayor last year, but Simon wanted to be Vice Mayor since he had not yet had that opportunity and proposed that Bowen could be the Vice Mayor in the following year. However, when the time came for the appointment of Vice Mayor in January of this year, Simon questioned why she should be Vice Mayor and denied that there was a pre-existing process in place for the selection of the Vice Mayor based on seniority, despite the fact that a rule was specifically created to ensure that each City Council Member would be able to serve as Vice Mayor on a rotational basis.8 Bowen contends that after her vote in favor of censure in November 2024, Simon intentionally obstructed her appointment to Vice Mayor in retaliation for her vote. She also claims that Simon attempted unsuccessfully to block her appointment to Stop Waste/Waste Management Board of Alameda County, but the Mayor appointed her despite Simon’s attempt to thwart her appointment. This sequence of events lends credence to her claim of retaliation by Simon, who provided specious reasons for not supporting her Vice Mayor appointment at the beginning of 2025, as discussed below. Bowen also provided a list of incidents that she believes demonstrates a pattern of mistreatment on account of her gender and bullying behavior by Simon and Aguilar, each of which is examined below. Bowen believes that these episodes, including this one, have increased in volume and intensity following her vote to censure them for their interference with the City Manager’s performance of her job duties. 1. Simon Told Other Council Members That He Would Not Vote for Bowen for Vice Mayor Which Reveals His Retaliatory Motive As recounted by Gonzalez, Viveros-Walton, and Ballew, Bowen had a sufficient number of votes to be Vice Mayor in 2024, but Bowen graciously agreed to step aside to allow Simon, who had more seniority on the City Council, an opportunity to be Vice Mayor. At that time, Simon stated he deserved to be Vice Mayor because he had the most seniority on the City Council and had not yet served in such a capacity. Despite the recent adoption of a seniority rule for the selection of Vice Mayor, when it came time to vote for the Vice Mayor in 2025, Azevedo nominated Aguilar, and Aguilar nominated Azevedo, which Viveros-Walton noted could be perceived as retribution for Bowen’s vote in favor of censuring Aguilar and Simon last year. 8 See City Council Member Handbook, Pg. 9, “SELECTION AND ROLE OF THE VICE MAYOR.” Exhibit A Resolution No. 2026-021 Page 10