Reso 2026-021 Discipline - Councilmember Aguilar

Home

24 individuals may lack the requisite “street smarts” or common sense, as if those attributes were mutually exclusive. Bowen contends that both Simon and Aguilar “dismissed Sbeydeh Viveros-Walton’s superior qualifications, experiences, answers, and overwhelming public support” for her candidacy; “Only after intense public pressure highlighting how much more qualified and supported Viveros-Walton was and outrage at the prospect of spending money on a special election over the course of the two weeks, Simon and Aguilar finally voted to appoint her at the next meeting.” Bowen contends that their lack of support for the most qualified woman for the City Council is part of a pattern of bias against highly qualified women in positions of authority. Ultimately, an examination of Simon’s decisions reveals a pattern of supporting male candidates over highly qualified female candidates. He supported a male candidate for City Council without considering the relative qualifications of the other candidates or the description of the City Council member’s duties and qualifications and attempted to justify his decision that Anderson’s lack of higher educational attainment should not be a factor for consideration. He also insisted that a less qualified male employee who was not even interested in the City Manager position be selected without having reviewed the job description for the position. In the absence of legitimate non-discriminatory business reasons for these decisions, the evidence suggests that gender bias may be a motivating factor in these decisions. Aguilar nominated a female candidate, whom others viewed as inexperienced and unqualified to serve in a leadership role as a City Council Member. Azevedo and Aguilar nominated and supported Sulema Hernandez with whom Aguilar has had a close personal relationship, but Hernandez lacked prior relevant experience in government or in a leadership role. According to her application, Hernandez is a licensed real estate agent and family resource specialist, a cosmetologist (since 1998), and a volunteer at her PTA and other school district related organizations. She was a past recipient of the Mayor’s Kindness Award. At one point during her interview at the special session, when she was asked a question by Gonzalez, she hesitated and stated, “I’m so nervous, I am sorry,” which calls into question how she would be able to respond to community questions and concerns when making difficult decisions on behalf of the City. Aguilar claims he considered the following factors in his advocacy of Hernandez: 1) her volunteer experience; 2) her vast knowledge of San Leandro; 3) her support for the community; 4) her public participation; and 5) her diversity of background. Aguilar identifies as a gay, disabled, person of color who has mentored women of color, including Celina Reynes, so he supported Hernandez to be appointed to the City Council. Although Aguilar denies that he has a problem with women who hold positions of power as contended by Bowen and other witnesses, Council Members Ballew, Cox, Cutter, and Reynes, as well as Bowen, Robustelli, and Cameron believe that the justifications proffered by Simon and Aguilar indicate their lack of support for strong women in positions of authority reflecting gender bias. Reynes believes that Aguilar exhibits disdain towards smart women. She believes that Aguilar likes to surround himself with uneducated people who support him and do not pose a threat to him. Robustelli also observed that Aguilar seemed to “want the least educated woman who could be told what to do.” Viveros-Walton believes that Aguilar supported Sulema Hernandez because he could exert control over her, noting that she had not even registered to vote until she submitted her application, which indicates her lack of civic engagement. J. Bowen and Other Witnesses Recounted That Simon and Aguilar Have Undermined Public Works Director Sheila Marquises and Other Staff, But Marquises Does Not Contend That Their Behavior Is Driven by Gender Bias Bowen observed that during City Council meetings, Simon has challenged and undermined the expertise of Public Works Director Sheila Marquises, who has a strong Exhibit A Resolution No. 2026-021 Page 24