Reso 2026-021 Discipline - Councilmember Aguilar

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6 Manager, former and current City Council Members, and the former Mayor, who raised similar concerns about Simon and Aguilar’s behavior towards women, were considered relevant evidence as examined as part of this investigation in drawing conclusions based on the preponderance of the evidence. During the course of this investigation, Simon alleged that Bowen’s complaint against him and the censure was driven by racial bias since he is the only African American member of the City Council. Aguilar alleged that Bowen is retaliating against him. Their contentions are also addressed in this investigation summary report. C. Witnesses Interviewed The following former and current City Council Members and employees were interviewed: 1. Xouhoa Bowen, City Council Member (Complainant) – 2/14/25, 3/19/25 2. Deborah Cox, former City Council Member – 3/13/25 3. Pauline Cutter, former City Council Member and Mayor – 3/13/25 4. Celina Reynes, former City Council Member – 3/14/25 5. Janelle Cameron, City Manager – 3/14/25 6. Pete Ballew, former City Council Member – 3/17/25 7. Juan Gonzalez III, Mayor – 3/20/25, 3/21/25, 4/3/25, and 4/5/25 8. Sheila Marquises, Public Works Director – 4/2/25 and 4/3/25 9. Sbeydeh Viveros-Walton, City Council Member – 4/8/25 10. Dylan Boldt, City Council Member – 4/23/25 11. Bryan Azevedo, City Council Member – 4/25/25 and 4/29/25 12. Fran Robustelli, Former City Manager - 5/8/25 and 7/17/255 13. Victor Aguilar, Jr., City Council Member (Subject of Investigation) – 6/4/25 14. Fred Simon, City Council Member (Subject of Investigation) – 6/19/25 D. Documents Reviewed This investigation included an examination of relevant documents, including the video and/or audio recordings of relevant City Council Meetings and committee meetings, emails submitted by various witnesses, emails and documentation submitted by staff, relevant sections of the City of San Leandro Charter and Administrative Procedure 1000, City Council Resolutions to censure Simon and Aguilar, City of San Leandro organization chart, job descriptions, and resumes of employees, applications for the City Council, and emails with Simon’s attorney related to this investigation. These documents and weblinks where available are contained in the Exhibits to this Summary Report. III. BRIEF SUMMARY OF FINDINGS AND CONCLUSIONS A. Simon and Aguilar Retaliated Against Bowen Following Her Censure Vote Simon and Aguilar have engaged in a pattern of retaliation against Bowen for her November 18, 2024, vote to censure them based on the results of the Botterud investigation. Despite a prior agreement to allow Simon to become the Vice Mayor in 2024 (since he was the City Council Member with the longest tenure who had not yet served in such a capacity) in exchange for supporting Bowen as the Vice Mayor this year, Simon reneged on his end of this deal. Both Simon and Aguilar nominated other people, and both proffered specious reasons for not supporting her nomination. Simon claimed that Bowen was dishonest and that the seniority 5 Robustelli has raised her own concerns about her mistreatment by Simon and Aguilar, which were examined in the prior investigation completed by Mr. Botterud, so the City Council determined that an examination of her specific allegations against Simon and Aguilar was outside the scope of this investigation into Bowen’s complaint and therefore not addressed in this investigation summary report. Exhibit A Resolution No. 2026-021 Page 6