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1 <br />CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED AND <br />ATTORNEY WORK PRODUCT MEMORANDUM <br />Prepared Exclusively for the City of San Leandro <br />By Jane Kow <br />HR Law Consultants <br />JaneKow@HRLawConsultants.com <br />1310 Fillmore Street – Suite 901 <br />San Francisco, CA 94115 <br />Telephone (415) 796-2785 <br />October 27, 2025 <br />Confidential Summary Report of Investigation <br />Prepared by Jane Kow, Investigator at HR Law Consultants <br />The following is an Executive Summary Report of the confidential independent <br />investigation conducted by Jane Kow of HR Law Consultants on behalf of the City of San <br />Leandro (“City”) into Council Member Xouhoa Bowen’s complaint against Council Members <br />Fred Simon and Victor Aguilar. This investigation examined Bowen’s allegations that she and <br />other women were subjected to a pattern of gender-based bias, bullying, harassment and <br />retaliation by Simon and Aguilar. <br />I.INTRODUCTION AND BACKGROUND <br />Council Member Xouhoa Bowen began her term on January 1, 2023, and is currently <br />serving a one-year term as Vice Mayor. Council Member Fred Simon began his initial term on <br />January 1, 2021, and then was re-elected in at the 2024 election taking office in January 2025 <br />for his second successive 4-year term. Simon served as Vice Mayor last year from January <br />2024 to December 2024. Victor Aguilar began his initial term January 1, 2019, and then began <br />his second term on January 1, 2023. Mayor Juan Gonzalez began his 4-year term on January <br />1, 2023. Council Member Bryan Azevedo began his initial term on January 1, 2021, and was <br />re-elected to serve his second term starting January 1, 2025. Council Member Sbeydeh <br />Viveros-Walton was initially appointed to fill a vacancy following the resignation of Celina <br />Reynes on March 4, 2024, and then was elected on January 1, 2025. Dylan Boldt, who began <br />his term on January 1, 2025, is the most recent addition to the City Council. <br />A.Council Members Simon and Aguilar Were the Subjects of a Prior Investigation <br />into A Complaint of Gender-Based Discrimination, Harassment, and Interference <br />with The Performance of Job Duties by Former City Manager Fran Robustelli, <br />Which Ultimately Resulted in A City Council Vote of Censure <br />Council Members Simon and Aguilar were the subjects of a prior May 2024 complaint by <br />former City Manager Fran Robustelli, who served in that capacity from May 20, 2021, until her <br />resignation on June 21, 2024. Robustelli had complained that Simon and Aguilar subjected her <br />to gender-based discrimination and harassment, as well as interference with her job duties and <br />retaliation following her decision to terminate the former Police Chief, in violation of the City <br />Charter. The City retained Carl Botterud, an independent outside investigator, to investigate her <br />complaint.1 Botterud’s investigation found that both Simon and Aguilar had interfered with <br />1 This investigator is not acquainted with Mr. Botterud and has not discussed this or the prior investigation <br />with him. The prior investigation’s findings were not re-examined by this investigation. However, the <br />underlying events examined by the prior investigation that are relevant to the events in question are <br />described here to provide context for Bowen’s claims of gender bias, harassment, and retaliation after <br />she, along with the other Council Members voted in favor of censuring Aguilar and Simon. As examined <br />in this investigation and discussed below, various witnesses accounts of their interactions with Simon and <br />Exhibit A <br />Resolution No. 2026-021 Page 1