Reso 2026-021 Discipline - Councilmember Aguilar

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2 Robustelli’s execution of her duties as the City Manager by subjecting her to disciplinary action for her decision to terminate the former Police Chief. Based on the findings of the Botterud investigation, on November 18, 2024, a majority of the members of the City Council voted to censure both Simon and Aguilar for their violation of Section 345 of the City Charter, as memorialized in Resolution Nos. 2024-153 and 2024-152, respectively. The October 30, 2024, Botterud investigation report concluded that “[c]redible evidence suggests that Simon has a gender bias against women in power. This is not, however, sufficient to establish Robustelli’s claim [that she was subjected to misconduct based on her gender].” Botterud opined without explaining the basis for his conclusion, “I am not persuaded that Simon’s implicit bias toward women was the reason for his action towards Robustelli.”2 On November 18, 2024, the other City Council Members, including Bowen, Viveros- Walton, Gonzalez and former Council Member Ballew voted in favor of censuring Council Members Simon and Aguilar. Bowen contends that after she voted along with the majority on the City Council in favor of censuring Simon and Aguilar, they subjected her to retaliation.3 She also alleges that both Simon and Aguilar have subjected her and other women to gender bias, bullying, and harassment sufficient to create a hostile work environment. She believes that they have disrespected, undermined and gaslighted her and other women sufficient to create a hostile environment for women. B. Controversy Surrounding the Selection of Bowen as Vice Mayor The City Council adopted a rule, which was inserted into Page 9 of the City Councilmember Handbook as follows: SELECTION AND ROLE OF THE VICE MAYOR At its first regular meeting in January of each year, the Council must designate one of its members as Vice Mayor to serve for one year and until a successor is elected and qualified. In the absence of the Mayor, the Vice Mayor shall possess and perform the powers and duties of the Mayor. (Sec. 310, City Charter) The Vice Mayor will be designated by seniority, seniority is to be defined by date sworn into office. If two Councilmembers have equal seniority, option to defer nomination. If more than one member remains, random name draw to establish seniority that year. During the January 2, 2024, City Council meeting, Council Members Simon and Bowen both indicated that they were interested in becoming Vice Mayor. Simon questioned whether the rule about the selection of a Vice Mayor would be subject to further deliberation before adoption. Aguilar nominated Simon and the nomination was seconded by Azevedo. Ballew nominated Bowen because Simon would not be eligible under the then existing rule regarding the selection of Vice Mayor. Ultimately, Simon was selected to be Vice Mayor based on a majority vote of the Council Members. According to Bowen, in January 2024, when it appeared likely that she would have secured enough votes on the City Council to be the next Vice Mayor, Simon insisted that he be selected as the next Vice Mayor since he had the longest tenure of any member who had not Aguilar support the investigation findings that these two men have subjected Bowen and other women to gender-based bias, harassment and by so doing, created a hostile work environment for women. 2 See page 39 of the October 30, 2024, Botterud Investigation Report. 3 See November 7, 2024, Press Release from the City of San Leandro announcing the results of the investigation and the 4-1 vote by the Council to censure the two Councilmembers; see also the City of San Leandro Resolution No. 2024-153 and Resolution No. 2024-152. Exhibit A Resolution No. 2026-021 Page 2