Reso 2026-021 Discipline - Councilmember Aguilar

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26 a pattern of asking questions about the content of past geotechnical reports and summaries, which have already been discussed or provided to him. Marquises and other witnesses noted that Simon does not read the materials sent to him in advance of these meetings and then quizzes the staff about the content of their reports, which would not be necessary if he had only properly prepared for these meetings. Marquises noted that Simon also tends to lob tough questions on another female manager, Human Services Director Jessica Lobedan and he has a tendency to frequently interrupt staff when they are providing answers to his many questions. From Marquises’ standpoint, Simon and Aguilar ask questions that make it appear as if the staff are not working diligently on projects, which can be demeaning. Aguilar has asked pointed questions implying that staff should have better managed cost overruns in project designs, which she believes spurs public skepticism of whether the staff are capably performing their jobs. Marquises noted that during a break in the November 4, 2024, City Council meeting, Aguilar “apologized for putting her in the hot seat,” claiming, “it is the Council Members’ job [to do so].” Marquises questioned whether Aguilar’s apology was disingenuous since the Council Members’ job is not to put staff in the hot seat. Instead, they should be asking meaningful questions and show appreciation for staff members’ hard work to address the myriads of questions presented by the City Council. Marquises believes that this kind of behavior contributes to the overall ineffectiveness of the City Council and makes it more difficult to recruit qualified candidates for employment, and ultimately, has had the effect of undermining the work performance of Marquises, a highly qualified female director in a position of authority. But when queried about whether she believed that she was being subjected to gender bias by Simon and Aguilar, Marquises could not say for certain that their behavior was motivated by gender bias. Ballew observed how Simon grilled Marquises during a meeting when the Council discussed the reopening of Lake Chabot Road. Ballew described Simon as someone who will relentlessly persist and press until he gets his way — like a “dog with a tennis ball.” Ballew recounted that when Simon interrogated staff, he was not respectful towards women like Marquises. Former Mayor Pauline Cutter observed that Simon would undermine Marquises, when he would say, “Well, that’s your opinion, but let’s get an expert’s opinion or another opinion,” implying that the City needed to hire someone else with the expertise to do her job. Cutter noted that when Simon disagreed with men, he did not question their expertise. Exhibit A Resolution No. 2026-021 Page 26