Okay, it's seven o'clock and I'm calling to order the meeting of the San Lando City Council
If you're able to join me in the Pledge of Allegiance by rising that would be much appreciated
Okay, madam clerk your announcement or roll call first, please
Councilmember Aguilar
Councilmember Azevedo
present
councilmember bolt
present
councilmember Simon present
Councilmember Viveros Walton present
Vice mayor Bowen present and mayor Gonzalez
Present the city of San Leonardo conducts orderly meetings to fulfill its mandate
The discriminatory statements of conduct that would potentially violate the federal civil rights act of 1964 and or the California for employment
housing act California penal code sections for three or four fifteen are
per se disruptive to meeting and will not be tolerated please see the city
council handbook and city council meeting rules of decorum for more
information and we'll take a pause here to address a technological issue one
moment please so let's try that again are you able to just do you still hold
the echo it's gonna go so what I want to do is for the sake of convenience of
those watching online I'm gonna go ahead and read the clerk's announcement if you
would like to make a public comment during the meeting you can do so in
person or via zoom if you're president of the meeting please complete a speaker
card and submit it to the city clerk before the item is presented. If you
wish to participate in public comment via zoom you can use the raise your hand
tool when the item is called. During public comment session speakers will be
invite during the public comment session speakers will be invited to speak and
will have a set time to share their comments. A countdown timer will appear
for their convenience, and when time is up, the microphone will be muted. All raised hands
outside of public comment will be lowered to avoid confusion. Once public comment is
open, hands may be raised to speak. There will be a 30-minute window for public comment,
which will take place under Item 7, public comments. As per the published agenda, after
this time is up, council will proceed with the rest of the meeting's agenda. If you've
not had the opportunity to speak during the initial 30-minute period, there will be another
chance to do so after item 12 city council reports at this point time we'll
move to item number three is there a report on closed session thank you mayor
no reportable actions were taken in closed session this evening but
direction was provided to staff there are no recognitions to be undertaken
today so we'll move to our consent calendar is there any council member who
would like to pull an item on the consent calendar. Councilman regular you
are recognized. Thank You mayor if no one has anything on
Pauley to move the consent calendar. Thank you. I've got a motion by Councilman
regular to move the consent calendar councilmember Azvito. I would like to
second that. Okay so we have a motion by Councilman regular, second by Councilman
Resavito. Do we have any public comment on this item? Mayor we have not received any
common cards and we don't have any hands raised on Zoom. So we will close public
comment come back to council for further discussion seeing none let's vote all
votes are in the motion carries unanimously thank you at this point time
we'll get item number six city manager I believe you have a report thank you Mr.
Mayor good evening council members and community members I'd like to share a
brief volunteer opportunity with the community the city of San Leandro will
conduct its homeless point in time count on Thursday January 22nd, 2026 from
5 to 9 30 a.m. This is a federally mandated census of individuals and
families experiencing homelessness in our community. We need
community volunteers to help make this effort successful, conducted in
partnership with Alameda County. The point in time count is more than a survey.
it directly impacts the funding San Leandro receives to support unhoused
residents and homeless services. The more accurate the count the
better we can serve our community. Training will be provided to all to get
involved please visit sanlandro.org forward slash P-I-T. You can also find
informational flyers directly outside council chambers this evening. Thank you
very much mayor that sorry thank you I have one more announcement beginning
today and running through February twenty twenty twenty six the main
library is hosting the I am American or am I not exhibit on loan from the Fred
Corobotsu Institute we hope you have a chance to explore this important exhibit
about constitutional rights and if you can join us for one or more of the
events associated with this exhibit. Information about the exhibit and the
additional events are located on the library's website sandlyandro.org
forward slash library. And Mayor that concludes my announcements. Thank you.
Thank you very much. At this point in time we will go to public comment. It's a
time for folks who wish to address the Council on matters that are not on our
agenda that are within the subject matter jurisdiction of the Council. Do we
have any comment cards or hands raised Mayor we do not have any comment cards
we currently have one hand raised on soon okay so we will close in-person
comment and open up online public comment Melissa Wong you're the first
speaker hi do it how much time do I get two minutes is in the two minutes okay
well this is completely unscripted but first of all happy new year to everyone
So I just heard that there's volunteers for call for volunteers.
That's a good segue to what I have. I have repeatedly asked for a budget task force.
It sounds like we have a major deficit in San Leandro.
And I don't understand why you are not calling any public members to be more engaged.
I'm not talking about when you have a forum and people have time and they show up.
and they show up.
We're talking about a group of people
who could really understand and be advocates for the city.
I know it's difficult to manage a budget definitely for city
and I can't even understand the volume of work
that needs to be done,
but we need some other transparency and oversight
and you need the public to really understand
and please consider having a budget task force,
a small group of people who can truly help understand
we need to be a new leader in
the city's budget, the
advocates and really show some
transparency for the public.
That's all I want, and I really
have been asking for years. We
have are in a new year, and I
would hope that there would be
major consideration because
after that maybe you would see
some additional volunteers for
other opportunities. As just
presented. But I'm just saying
so. Thank you very much for
that you have not seen on the
budget. Thank you so much.
Thank you. The next speaker is
Irina Kim you banks. Hi. Can
you hear me? Yes. And I'm not
quite sure but am I allowed to
speak on item 10 B at this
moment? This is the time for
non agenda comments. I don't
tell you will come later. 10
B will come later. Okay. Thank
Thanks to our successor campaign to record Alameda County's history attorney Pamela Price,
the appointed county attorney decided to drop the charges against San Leandro Police Officer
Jason Fletcher.
Officer Fletcher should be reinstated with full payer reparations.
The family of the criminals should be sued for the formation of the character against
the officer, the police department, the city of San Leandro and its people.
Thank you.
Mayor, that concludes the comments from Zoom.
So we will close our public comment and move to our next agenda item.
We do not have a public hearing or presentations today, but we do have some action items.
10a, we are here to discuss the appointment of the Vice Mayor for 2026.
Madam Clerk, I believe you are doing this introduction. Thank you, Mayor. Yes, the
agenda item before the City Council this evening is a motion to designate a Vice
Mayor. This is pursuant to the City Charter Section 310 or 310, which
requires that the City Council designate one of its members to serve as Vice
mayor at the first regular meeting in January.
Okay so at this point in time what we'll do is we'll take nominations. After the
nominations are complete we will move to public comment on this item and then
we'll come back for discussions and or a motion. So at this point in time
councilmember Bolt will proceed with you. I'd like to nominate councilmember
I would like to second that I was gonna nominate council member of
there's Walton okay seeing no other hands at this time I'll move to public
comment on this item mayor we have not received any comment cards on this item
and there are no hands raised online so close public comment and I'll come back
to council for any additional discussion or emotion so that was a
nomination so now we have currently one nominee and I'm just looking for a
motion to have council appoint the individual council member bolt I'd like
to appoint council member of a various Walton to vice mayor so I understand
that to mean that you are making a motion that we appoint councilman
his Walton as our vice mayor vice mayor Bowen I'd like to second that we have a
motion by councilmember Bolt with a second by councilmember or vice mayor
Bowen to appoint for the city council to appoint councilmember Otis Walton as the
vice mayor for the year calendar year 2026 is there any discussion councilmember
Simon I will be abstaining on this item as my vote to the democratic process on
vice mayor is not protected as a minority vote in the January 2025 vice
Mayor vote I have been oppressed until our full council takes steps to improve
our council democratic process such as restorative justice mediation which I
will speak on more on the next item I will abstain my vote on vice mayor
seeing no other hands raised for discussion please vote all votes are in
the motion carries with one abstention from councilmember Simon okay okay so we
at this point in time move to item 10B. Item 10B involves a potential action to
potentially waive or I guess waver not waive attorney-client privilege with
respect to investigation report of Vice Mayor Bowen's complaint to the human
resources department. We've got City Attorney Rich Pierretta presenting on
this item thank you mayor thank you for describing briefly in brief what we are
here for us which is whether to waive the attorney-client privilege applicable
to an investigation report the council may do so under California evidence code
section 954 because the council is the holder of the privilege and only the
council through him a majority vote of the total number of members of the
council may waive the privilege. Staff's recommendation is just for the council
to be clear if it desires to waive the privilege as to whether
the waiver of the privilege that applies to the record is waived as to the whole
report including exhibits without redactions, the whole report including
exhibits with redactions, the whole report without exhibits without redactions,
and the whole report without exhibits with redactions. All that's described in
the associated staff report, and that the motion be clear about that if it
moves forward at all. Finally, should the attorney-client privilege be waived, it
is only to the investigation report and potentially the exhibits to the report
that was prepared and submitted by Jane Cow of HR law consultants and not to any
other documents, records, or advice provided by Jane Cow or any other
attorneys related to the report so that be clear as well. Finally again should
the attorney-client privilege be waived regarding the report the report will be
accessible to the public through the city clerk's public records webpage in
the items of interest section that concludes my report. Okay at this point
in time prior to getting into discussion and clarifying questions we're actually
going to take public comment. So we have public comment on this item.
Mayor we've received one comment card and there are currently four hands raised
on Zoom. Okay let's proceed in person first please. The first speaker is Sarah
Bailey. Good evening. The public has not seen any part of the investigative
report and device Mayor Bowen's complaint made a full year ago this
month against Councilmember Simon and Aguilar. Four among other things harassment,
bullying, gender bias. This isn't fair to us. The disciplinary hearing is coming
soon and to participate fully the public is supposed to see the report. This isn't
about punishment. It's about transparency and the public's trust.
Releasing the port to us is the right thing to do. Attempts to bully or diminish
Vice Mayor Bowen have made it more difficult for her to do her job,
including represent me, her constituent. To be a functioning council able to lead
San Leandro, you have to be welcome, you have to welcome and I hope actively
encourage respectful debate. Vice Mayor Bowen has always said she made her
complaint to change the council's culture, which has unfortunately been
fashioned into an old boys club please show us that you want to change the
culture release the redacted report so the public knows what's going on during
the disciplinary hearing coming up please restore the public trust it's the
right thing to do thank you thank you that concludes our comment cards from in
the room mayor okay so let's close public comment in person and move online
the city council to immediately the official HR report stemming from Vice Mayor Bowens January 2025 complaint against Council members Simon and Aguilar. It has now been a full year since that complaint was filed and the public deserves transparency regarding the findings and any accountability measures taken.
and the public deserves transparency regarding the findings and any accountability measures taken.
Allegations involving bullying and discrimination are serious. They demand openness and not silence.
Mayor Gonzalez, this is a moment of leadership and I want to address you directly, especially since I
strongly supported you in your election. You were elected to serve the people of San Leandro and to
uphold the integrity of this council. That includes ensuring that concerns raised by your own
colleagues are taken seriously and handled transparently, just as they would be for any
other city employee or resident. When investigations involving elected officials are kept from public
view, it sends a really troubling message that accountability depends on who holds power.
That is not the standard the city should accept. As both a resident and a parent of two lovely young
boys, I want my children to grow up in a community that models equity, integrity, and respect for all.
Withholding this report sends the opposite message about whose voices are protected
and whose concerns can be quietly set aside. San Leandro has an opportunity to lead by example.
In Mayor Gonzalez, I have faith that you can lead this council by affirming that transparency and
fairness are not optional. They are foundational to good governance. I urge you to vote to release
the HR report. Our community deserves clarity and our community deserves accountability.
Thank you so much. Thank you. The next speaker is Deborah Acosta.
Good evening Mayor Gonzalez and Vice Mayor Bowen and council members. My name is Deborah Acosta.
I'm a member of the League of San Leandro voters. Tonight's vote is not about punishment,
personalities or outcomes. It's about whether this council will allow its own disciplinary process
to function as the law requires. Under Administrative Code 1.13.115, discipline must occur in a
public noticed meeting based on factual allegations with meaningful public comment. That is impossible
unless the investigative findings are placed in the public record. Council Member Bowen
filed her complaint one year ago. For months, this council has delayed putting the findings
of the resulting report in the public record. As a result we are now scheduling hearings
without facts, asking the public to weigh in without information, and prolonging instability
that is pulling focus away from the people's business. Waiting attorney-client privilege
does not determine guilt. It does not take discipline. It simply allows transparency,
so this council, staff, and the public can move forward together. If parts of the report
require interpretation, transparency is even more essential. Assumptions can differ, but
withholding the facts is not acceptable. Mayor Gonzales, as presiding officer, you have an
affirmative duty to ensure a fair and lawful process. Releasing this report is how trust
is restored and how this council gets back to the critical, critical role of governing.
residents ask for one thing. Allow the process to proceed as written in public with facts so we can
finally move forward. Thank you. Thank you. The next speaker is Irina Kim Eupanks.
Good evening. Good evening Mayor Gonzalez, council members. My name is Reverend Irina Kim Eupanks.
I'm a resident of District 3, San Leandro pastor, and a mom to two kids in San Leandro schools.
And I am also calling to release the independent investigation findings regarding harassment,
retaliation, and gender bias by Vice Mayor Bowen to the Human Resources Department.
And as a spiritual leader in this community and somebody who feels the weight of compounding
moral crisis we are experiencing, one of the personal convictions I have is to do everything
I can to speak out and make an impact on a local level. And because I care about the integrity of
our city, the reputation of its leaders. I want to call for the release of the findings of this
investigation. I am somebody who has experienced as a restorative justice practitioner both in
schools and in the prison context and the foundation of any restorative process is always
truth-telling. I believe that like myself all of you hold the conviction that misconduct should
never be excused, should never be tolerated, but I also hope that you would act in a way
that upholds the truth telling process. That transparency and accountability will be the
foundation of our public trust in you as our servants. Not releasing these findings, especially
when the council has full agency and authority to do so, erodes that public trust and it hinders
any restorative process by impairing truth telling. Considering that the investigation is now complete
and the City Council has its findings. I believe these findings should be released
so that appropriate actions can be taken at the disciplinary hearing and that the public can know
fully the picture. In this climate we live in, I believe it's important to do all we can to uphold
transparency, fairness, and truth-telling. Council member Bowen has done her part to improve the
culture of this council and I hope you will do yours. Thank you. Thank you. Your time has elapsed.
I'm going to turn it over to
the next speaker is Jesse.
Good evening, Mayor Gonzalez,
Vice Mayor Bowen and council
members.
My name is Jesse Rubin.
I am a resident of San Leandro
and an active member of the
League of San Leandro voters.
I'm here to speak about process,
an opportunity for meaningful public comment. That cannot happen unless the investigative
findings are available to the public. For months, this council has delayed releasing
the report tied to Vice Mayor Bowen's complaint. As a result, we are now discussing discipline
without facts and asking the public to participate without information. And that is just not
how accountability works. Waving attorney-client privilege does not determine outcomes. It
does not prejudge anyone, it simply allows the process this council adopted to function
as intended. If parts of the report require interpretation, transparency is even more
important, not less. This delay is preventing the council from returning to the people's
business and is eroding public trust. Tonight, I respectfully ask the council to allow the
report to be released with appropriate redactions, ensure the disciplinary process occurs openly
the city. We will now begin to
If the report needs to be released, my hope is that each reader reads without judgment.
Unfortunately, with this time lapse, a lot of people have fill in the gaps.
They hear a word and they react because they have their own experiences in life.
I read the last report and I know this isn't last report, but I was concerned about many actions and
conduct that have been in public and I'm still wondering why we didn't speak up or address
each instant at the time of occurrence. So if you have to release the report, I hope that
everybody reads it. I read it twice last time and I still didn't understand why that became a
a report that people use to vote.
So I hope that people read it with objectivity.
And I hope that if there's any lessons learned
that we all learn whether it be a word that was said,
an action that was done, anything,
because after one year of what happened last year,
I still don't know what it is that went wrong.
And a lot of these things happen in public
or even in closed session with several people.
And I don't know what happened,
whether or not there were anything that was addressed
before it came to this.
But I trust the city to make sure that this is it
and we learn from it, all of us.
Thank you.
Thank you.
The next speaker is Yelena.
Thank you so much.
Well, with this holiday break,
I had an opportunity to speak with a lot more individuals
throughout the Bay Area.
And one interesting thing, a pattern that I noticed
that was happening is that when folks found out
that I was from San Leandro, there was a common theme.
They would say, why, what is happening with the city council
and where does the mayor stand on this issue?
And I just wanted to relay that
because I really hope that tonight Mayor Gonzalez,
you have the opportunity to show
that you are respectful of transparency, of process,
and of your fellow council members
and that you vote for the release of the report.
Thank you very much.
Thank you.
Mayor, that concludes the raised hands on our Zoom call.
will close public comment on this item and come back to council members for clarifying questions
and discussions council member Simon. In general I believe investigation reports should not be
released from a personnel confidentiality practice however in this circumstance as confidentiality as
required by city admin procedure AP-1000 harassment discrimination retaliation and abuse of conduct
Confidentiality was violated by Councilmember Bowen as well as witnesses, impacting the validity
and accuracy of the findings and slandering my name as well as Councilmember Aguilar.
Plus much of the report is based on a main witness with a potential financial gain and is biased.
With witness statements not taken under oath, witness statements taken from unrecorded closed
session meetings which I have a major disagreements on what was said in those closed session meetings,
And as a main witness has already been shot down by the courts November 20th, 2020 2025 ruling in the anti slap motion on similar claims that were made in this investigation report we are considering releasing tonight.
In this circumstance, I support releasing the whole report, including exhibits without redactions, so the public can read every word and make their own opinion on the situation.
situation, and not just rely on a summary or unfounded findings by the investigator.
I will repeat, I urge the public to read every unredacted word and not rely on a summary
or unfounded findings by the investigator. In the interest of transparency, let the public
see it all, fully unredacted, including exhibits, and I will have more to share on the report
and the situation once the public reads every word of the fully unredacted report.
As of the violation of the Admin Policy AP 1000 in violating confidentiality of this investigation
by Councilmember Bowen, I could file a request for discipline against Councilmember Bowen
putting us through another year, or potentially another $100,000 plus investigation, however
I will not.
This will not solve anything.
Again in the interest of transparency, the public should also be made aware of the monetary
costs of this investigative report we are considering releasing tonight the
cost of the investigator alone not including staff time or other costs
costs are consistent with San Leandro one hundred and thirty five thousand
dollars and each of you council members have a copy of this report that was
produced by HR that shows this cost as well as additional costs for other
investigations. Since 2022 under the former city manager the number
investigation citywide has increased up to 450 percent from two investigations a
year from 2019 to 2021 and jumping to 8 in 2022 and then 9 in 2024. I am
requesting a summary of the number of investigations and costs from 2019 to
present information I've requested from HR. Our council has in front of you here. I request
this information also be made available to the public for full transparency along with the fully
unredacted investigation report. Imagine how many people we could have helped in our city with that
level of spending. Even more important than releasing this report is finding a solution,
a way for our council to efficiently and effectively resolve differences while strengthening our
ability to work together focusing on the business at hand. What we've gone through in the past two
years is not an efficient or effective way to run our city and definitely not a way to resolve
differences. We have to come together to do better for our constituents. This is going to sound
personal. However, constituents have come to me and said it's like watching their parents fight
up here the way we're acting and behaving on council. That's very painful and completely
unnecessary what we're putting our constituents through. I'm committed to working with each and
every one of you on council to find a solution for us to efficiently and effectively resolve
differences while strengthening our ability to work together, focusing on the city business at hand.
As I mentioned in the previous Vice Mayor item, I recommend that our council participate in
restorative justice mediation. I believe this is a tool that will help us accomplish our goal
of working together effectively for our constituents. This should be a high priority
for our council for us to properly serve our city. I have to give credit to one of our public
speakers who has mentioned this item a number of times, Doug Spaulding, restorative justice
mediation. Restorative justice mediation is when we have gaps in empathy, trust, and respect
between professionals. It calls attention to the need for more strategic and practical
ways of addressing interpersonal conflict. Restorative justice is an evidence-based practice
that focuses on bringing individuals with ongoing conflict or tension into direct mediation.
Restorative justice stands in stark contrast to the punitive and often retributive ways
that the American judicial system frequently engages with individuals, particularly those
who are black or Latino, leading to further marginalization.
And this is the process we will be going through on January 20th to discipline myself as well
as council member Aguilar and unlike traditional conflict management interventions restorative
justice focuses on establishing truth and reconciliation and again I heard that comment
from one of our public commenters tonight truth how important it is because of all the
things that we've gone through over the past two years specifically the past year directly
between our own council members I would love for our council to sit down and before we
sit down, to support placing on a future agenda item a discussion on moving
forward with restorative justice mediation. So in summary I would like to
move three items. First is to release the whole report including exhibits without
redactions. Second is release the summary of cost of work with a workplace
investigations that we all have here in front of us today so the public can see
that. And third I'd like to place on an agenda as soon as possible an item to
consider restorative justice mediation for our council. I'm gonna look down
council roll coming to council regular. Thank you Mayor Gonzalez. I would like to
second what council member Simon had before. Thank you. So we have a motion by
council member Simon to produce the investigative report in its entirety
exhibits everything unredacted to release a summary of costs that have
been presented to council which I understand and I will confirm now from
city manager this is the city's data that staff has compiled that's what's
been distributed so I'm getting of that's correct and the third element or
the third motion would be for us to agendize maybe you can recite that last
part to agendize agendize a discussion to consider restorative justice
mediation for our council. Okay so at this point in time I'm gonna pause cuz I
just want to make sure that we're all within the Brown Act parameters etc so
I'm gonna come to the city attorney to do just do a check. First thing is that
this summary of workplace investigations is already a public record so it doesn't
require a motion to release so that because it's been provided to the full
council it'll be made available to the public I presume upon requests but it
doesn't need it doesn't require a motion to release it so is there is that the
totality okay so then I'm going to come back to council member Simon for your
point of clarification please proceed yes I understand it's public information
but I would like to include this with the investigative report so it can be
easily accessible to the public to be totally transparent on this process.
And so by that I assume that the investigative report would be placed under the items of
interest under the public requests portion of the city clerk's website and so you would
say that this spreadsheet would accompany that correct?
Thank you.
Yes.
Yes.
Thank you.
Council member Bolt please.
Yes, thank you for that answer about the summary of cost.
Mike, because this grew a little bit and changed,
when you're saying have it with the report,
there are two different things.
I don't mind having a second tab, but is it like,
okay, so that's what you're saying.
Okay, so two different tabs.
One, you click on this, you see the report.
Another link tab, whatever.
You click on that and you see the okay. All right. I'm with that. All right
Vice mayor, please
Thank you mayor. Yeah, just a few questions and then and some comments. I
am
In
previous comments by council member
Simon, I believe he threw out several accusations. I would like to follow up with city attorney to understand
The process for going on record to accuse me of I think
I wasn't actually clear as to what the accusations were. I think slandering which is serious and I
Would like to be able to follow up on that as well as with a B 1000. So that's the first question
city attorney so
Vice Mayor Bowen you can this is
The statement was not made in the context of a request for discipline and you
Councilmember Simon was clear that it was not made in the context of requests for discipline
So at this moment, it's just part of the legislative discussion and you can respond to it here or any other time
Okay. Thank you
I would really appreciate it if council member Simon would follow up with any information
particularly facts to back up any of the accusations that he has including slandering and
a breaking confidentiality, AB 1000.
And few clarifying questions,
the independent investigation and report findings
that we have, who authorized that independent investigation?
City attorney.
The complaint was received by the HR director
with the senior manager.
I was present as well.
And then the HR director through the city manager
informed the council,
and the council directed the scope of work
and authorized staff to procure an investigator,
independent investigator, to investigate the complaint.
So to confirm, this city council,
the remaining members of the city council,
minus Council Member Aguilar, Simon and I,
approved the independent investigation staff to be able to go and procure the
investigative attorney to do the independent reports and the reason why we are
Why we use that process?
And why we are now talking about releasing the independent investigation is because the council is the body that holds the council
Accountable and can discipline so staff could not discipline the council and the public aside from a recall or voting
to not elect a council member is
Can can not hold the council accountable for in terms of discipline?
Can we confirm that as our process the council holds the council accountable, correct?
Okay. And so that's why we the council need have seen the independent investigation findings now that it's been completed
We have all had access to it and now the council has voted for January 20th
To hold an internal discipline hearing per our own adopted process
To be able to use the findings
To be able to make a decision about what sort of accountability what sort of training?
What sort of actions we can take to course correct any findings that were in the report is?
That I just want to I think that's a good summary of how this plays out this disciplinary process
Okay, and so I just want to clarify some of information that has been stated by
Colleagues on the council to I just don't want it to be unclear to the community
Why exactly it is the council that needs to be but has seen it and needs to be able to?
Speak to the findings publicly
January 20th
discipline hearing is
Going to occur and we will be taking action upon the findings for the purpose of transparency
And for the public to be able to understand we need to be able to speak to it in a clear way
I'd also like to ask to confirm our internal discipline policy the reporting process of a
Council member myself or any other council member to request or to report
Misconduct or a violation. Is it also the same process that any member of the public would also go through
Council to city attorney
Let me amplify that answer a little bit is that the public can't file a complaint?
But it has to be taken up by a council member to the full council
So it just can't go directly from a public to the council, right?
So that then it would be taken up by a council member and then they would go to the same process of having the council approve
an investigation
See findings make a decision about the findings and then appropriate any follow-up
that's one of the options the council can do.
The council can authorize an investigation
or the council can under section 1.13.115
take discipline short of censure.
Okay, and I would hope that if a member of the public
or anybody or any other council member
were to go through this process,
we would also want to be as transparent
and release information about investigation
that we especially have approved and spent taxpayer money
to be able to execute.
The one thing I would like to add,
since we were all given this information
and I don't know how to be able to speak about it
since it has not been,
I don't know if it was on the agenda prior.
This is the first time I'm seeing it.
But if we're going to put the summary
of workplace investigations,
I think that we also need to be able to put it
with the correct context.
And so if we look at number of investigations
conducted by an external investigator for the council,
I want to clarify that there have been two.
And both investigations have included
the very same individuals that are included
in this investigative report.
And then-
I'm gonna ask you to pause there for just a second.
So I do want to clarify this data.
The way that it's presented,
one might get the impression that there have been
four council investigations, two in 24 and two in 25.
Is that the intention?
Going to city manager.
Hello, Ms. Merritt, thank you.
I would have to ask HR Director Emily Hung
to come to the front as the person
who prepared this information.
And just for the record, this is the first time
that I think any of us is seeing this information.
In the future, I would ask that if we're gonna discuss
information, that we'd be able to see it
before it comes to this body.
So to clarify, the two number of investigations conducted by an external investigator for
council represents the complaints for each council member.
So it's the number of complaints taken in and investigations that follow.
So we hired one investigator.
We paid an invoice to that investigator, but it covered two individuals.
That's correct.
Is that the case for all of the other numbers on this sheet?
So for example, line number 4, external investigator employee, there are five in 2024.
Is it possible that that's one investigation involving five employees or is that five separate
investigations?
Those are separate investigations.
So they all involve just one person each?
Yes.
Each separate investigations.
And that's completely separate from what happened in 2023.
Five different employees in 2023?
Yes.
Yes, I did not repeat numbers if they carried over into taking different. Thank you. I hope that clarifies because I just want to make sure that we're all on the same page on what these numbers mean. You would like to clarify city manager. Thank you, Mr. Mayor. Just for you asked the question is, does one row mean the same thing for the different row? And Director Hung, if you could just clarify my clarification is that each of these numbers represent the number of complaints to an individual.
That's correct. So if it's five there's five complaints on an end of it five individuals and for the council
There were two individuals that had a complaint against them. That's correct. Okay
If you would please proceed vice mayor
Okay, so we've got two members of the three members of the public
Does anybody want a copy of this while we're talking about it?
Okay, at least one request. So if you could print it out, please
so just to confirm there have been in
In 2024, two investigations that were done against council members.
It is the public information that the two council members that were investigated were
council members Simond and council members Aguilar, and in 2025, another investigation
by a different independent investigator was commenced against council members Simond and
council members Aguilar.
Mr. Hung, if you could share, since we're speaking to the cost of this, and I also am
shocked by the difference between the cost of this year's investigation versus last year's
investigation, and I also want to clarify that to city manager or to city attorney,
the cost of this investigation, who approved that budget?
Or who approved that expenditure?
So that would, that's just the city council approve that expenditure.
councilmember Simon Aguilar and myself. Correct. Okay so I just factually that's
that's a fair comment. I'm going to ask them councilmember Simon were you in the
room when we approved the budget? The approval of the budget, yes. So let me
just I'm gonna reframe it. So we approved I remember having a discussion in this
room specifically about the approval of the budget for these investigations. I
don't know if you were here but we definitely had a discussion in this room.
If I could just clarify the approval of the contract for this investigation came to the
council in open session and I don't remember who was present at that meeting, but it was
this body who approved it in open session and the budget for that.
Yes.
Okay.
Thank you.
And just one quick follow up question then to Dr. Hong.
In terms of cost of investigations, can you share generally what increases the cost of
investigation?
For example, the 2024 investigation lasted six months and was significantly less.
My investigation lasted almost a year and is significantly more.
And so I'm wondering what goes into the cost of an investigation.
Yes. What goes into a cost of investigation includes the interview of
the subjects, the witnesses, follow-up conversations, review of documents, videos,
emails. I believe in this current investigation the number of meetings were
video recordings were watched and then the number of amount of time to review
Do all the materials do the analysis writing of the report?
Okay, thank you.
And then in terms of the redactions, in previous investigations or and I recognize that as
Council members and public officials the
Practice may be different than an employee
Okay, but what what sort of
What is the process and what kind of information
Needs to be redacted if any I
Mean, that's a question for city attorney. Yeah, so we'll come to city attorney for
Redaction what should be could be instead of redacted
So in the context in this particular context, it's a council investigation process
This is totally separate and apart from employees. You are not employees of the city. Obviously
It's up to the council to decide what would be redacted
The standard procedure for employees I would defer to miss hung as to what would be but typically
Investigation reports are not shared
with the complainant or
or with the subjects or subject? With employee investigations, that's correct.
Reports are normally not shared with the complainant. It is it may be shared with the subject if
there is disciplinary action that is taken based on the report.
Okay. Thank you. Councillor Simon, I saw you in queue or have
you withdrawn yourself? Okay, so anybody else would like to speak at this time?
Okay, so I am going to offer a couple of comments myself. I am a bit concerned. A
lot of what's been happening here is a little bit surprising because we've had
council members saying that they want to release a document that they didn't want
to release. For me personally, without going into the basis for legal advice,
but we received very clear legal advice on what we should do.
It's unambiguous, and that's – I came into this meeting expecting to vote consistent
with the legal advice.
Given what has changed here, I suspect that we will be releasing attorney-client privilege
on this item, but I'll just let that be.
Secondly, I am quite concerned about how the words in this report will be interpreted.
So I reinforce Melissa Wong's words that says, read the report with an open mind.
I am quite concerned that those that want to see one thing will see what they want to
see, and those that don't want to see it will reach a completely different conclusion with
the same facts.
that is my ask. Number three, I am quite concerned about an allegation that has
been made in these chambers that I guess you're technically former Vice Mayor
Bowen has breached confidentiality and so I am going to ask Councilmember
Simon, have you reported this breach of confidentiality? Please proceed. Yes, I
have? Did you do so in writing? At the November 3rd council meeting? Did you do
so in writing? Can I finish? No, you may not. Did you submit it in writing? I would
like the ability to speak. I asked you a question. I don't want to be interrogated. I would like to speak, please. Sir, did you submit it in
writing for our process? I would like the ability to speak. Okay, then I withdraw my
question to you because without submitting evidence what you are doing
is essentially slandering a council member you should be sharing evidence I
have not received any evidence from you I will ask city attorney if he has
received evidence of a breach of confidentiality from you city attorney
have you received evidence of a breach of confidentiality no city manager have
you received evidence of a breach of confidentiality? No sir I have not. Okay so at this point in
time neither the mayor the city attorney nor the city manager have received evidence of
breach of confidentiality. I am disturbed. At this point in time there is no further
discussion and so we will vote. There are three motions on the floor we're going to
take them as a package if it passes as a package unless someone specifically requests to break
them into three motions. The motions that have been made are to release in its full
unredacted form the entire report with exhibits for the report of October 31st. That's the
date correct October 31st 2025. Secondly we will be we have been asked to I'm
sorry I'm looking for the motion we have been asked to provide as part of that
production onto the city clerk's website where the report will also be added the
summary of workplace investigations and number three the third motion is to
agendas soon a restorative justice process as originally stated by
councilmember Simon I'm only here summarizing what has been offered I'm
not here trying to repeat it verbatim the record will be exactly the motion
that he stated okay so I'm gonna come to vice councilmember Otis Walton you
Vice Mayor. Thank you. I think the first two motions are third topic specific and
and but the third one I actually think it should be taken separately because I
actually don't think that that particular approach works for a group of
people. You know I facilitated restorative justice conversations but usually there
needs to be agreed and I won't go into that but I would like to vote on the
first two motions together as a package since they relate to one another and
then the third one either take separately or agendize it for a future
meeting but not vote on it as a package of three motions. Okay so what I'm
taking is that you have made a motion to segment to bifurcate the question into
two separate questions. Where original motions one and two would be voted on
first and motion three voted on second. So that's your motion that's your
request. Is there a second for that motion?
Clarity. Who seeks clarity? City Manager? Okay please proceed. Thank you Mr. Mayor
the reason why I'm asking for clarity is because councilmember Simon's request is
to agendize for a future discussion the consideration of restorative justice. The
reason why I'm making want to make that clear due to Vice Mayor the various
Waltons what you just said you're requesting what he's already requested
which is it's an agenda for discussion not to decide today to have the
restorative discussion so I just want to make sure that everyone knew what the
actual request was so in light of that clarification would you like to modify
your motion. Please proceed. That's fine. I don't know what that's fine means.
You're leaving your motion in place and looking for a second? I will withdraw my
motion. Okay, thank you. Vice mayor. To clarify, the first two parts is topically
related, I am unclear how a genderizing, restorative mediation process for the council is related
to releasing the findings for the purpose of a disciplinary hearing on the 20th.
A conversation discussion about what sort of training the council should and could undergo
separate to this investigation or next, the 20th disciplinary hearing makes sense.
Doing it at the 20th disciplinary hearing if appropriate to do training makes sense.
I am unclear specifically what the third item, the third motion actually means.
And if we're trying to agendize potential training as a avenue of restoration as this
council and how we work together, why would that not be an item 11 or for the purpose
of our upcoming team building priority setting workshop?
I am unclear about that, why we are going to take a vote on that at all.
So good to city attorney. I'm going to try to just summarize make sure that you and I are on the same page
The topic is do we wave attorney-client privilege for purposes of having information certain information public for the disciplinary hearing?
How is item three related to?
waving attorney-client privilege
city attorney in the context of how councilmember Simon described
The purpose of the training as it relates to discipline
It is that but I do agree with city manager that it's agendizing just a discussion
about
restorative justice mediation
The council can decide that's not appropriate. We don't want to move forward with that, but it's just agendizing the discussion of that
That's why I take an agreement with a city manager the motion to be my question is or I think
Our question because I as I framed it tell me if you disagree with this characterization
It's why is that not an item 11? Why is that?
Related to the waiver of attorney-client privilege
Okay city manager
so the read so the council could decide to vote no on
randomizing a discussion to consider restorative justice mediation and then council member Simon can
Bring it as an item 11 that will then go to your referral process
But because we are talking about
An item this evening that he is now tied a nexus to as a thought he's bringing it to you
He's asking you but the council has the option to vote no on his ask
But if you vote yes, then it would come back as a discussion to do it or not you could still say no then
but it's when you're in a meeting the council and many times before has
So we would like something in addition to what we're asking acts to do right this minute
Which has some sort of nexus the council can say the restorative
Justice mediation does not have a nexus to what you're talking about tonight. That is your decision to make
But I do think the question was a Brown Act question if I'm not mistaken and so that's I'm gonna ask for a legal interpretation
on that
Yes, please proceed. I do think that it's within the bounds because
The discussion has been about the release of the report as it relates to the discipline request
That's coming before the council on January 20th. This is all the way back to December 8th
so this item is
connected to council member Bowens request for discipline
as the basis for the facts for the 20th.
Okay, then my clarifying question is to council member Simon,
the agendizing of a discussion around restorative justice
mediation in general for the council,
is that you just want us to be able to talk about
potentially implementing a process
for going through restorative justice mediation.
What exactly is being asked to be put on the agenda?
That we go through a restorative justice mediation
about something in particular in general,
or that we just have a discussion about
Restorative justice mediation as an avenue
for conflict resolution.
And would we then include other possible
trainings, remediations, mediations,
because there are many that we would also like to consider.
Okay, so we're gonna seek clarification
from Council Member Simon since it is your motion.
If you're open to that, please proceed.
Yes, I believe the city manager and the city attorney have answered the question as well.
It is just to place it on the agenda to discuss the, to consider restorative justice.
It's just to place it on the agenda to have a discussion to consider having restorative
justice mediation.
And I would like to call to question the vote.
Okay, you have made three separate motions.
So I'm gonna, well, let's just do this.
Before you do that, I'm going to look, hold on.
Which motion are you calling the question on?
All three.
I asked you which motion are you calling the question on?
One, two, and three.
No, which one, there are three separate motions
and I'm asking you, you're calling the question
on which motion?
City Attorney, can you clarify the process?
I do think that you have a motion
that included three separate actions,
and right now, that's what's on the table.
Are you calling the question on all three or on?
Yes.
I heard three separate motions.
Are you saying that it's one motion, city attorney?
There was an attempt to bifurcate them,
but that has been withdrawn.
That's bifurcate as to voting them.
Okay, is there a second?
to call the question.
Okay, motion from council member,
council member Simon with a second roll council member.
He allowed to call the question
voting on all three simultaneously.
This is just a cut debate.
Then you still have to have it.
Fair enough to stop debate.
Mayor, were you ready for the vote?
Please vote.
All votes are in.
The motion carries with five yeses, two no votes.
Mayor Gonzalez and Vice-Mayer Veroz Walton voting no.
Please vote on the adoption of the three motions.
On the three motions.
All votes are in and the motion carries unanimously.
Item 11, have we had any requests?
No requests on item 11, item 12.
Councilmember Simon.
Yes, I would like to make a comment
on an issue of concern.
I am very disturbed on how our meetings are run.
I am not allowed to speak.
I would like to get my point across
on previous agenda items.
I have been silenced, and this is not the first time.
This has occurred many times before.
We talk about transparency to our public,
yet I'm not allowed to speak.
Very, very disturbing.
I think that should be the, like we want,
transparent the foundation of our of our meetings of our cities ability to get
our point across and not shut down I do want to clarify and make a statement to
make it very clear on November 3rd of 2025 I in this meeting if you can go
back and watch the video if you'd like I made the comment that councilmember
Bowen, she had violated the city policy on confidentiality. In public, November the 3rd,
2025, I made that comment and I asked the city attorney and the city manager, why is
nothing being done about it? The city attorney and the city manager said that that is up
to the council. That's our role as a council to enforce that breach of confidentiality
of AP 1000. So I felt, as I mentioned in my comments earlier tonight, that I do not want
to file discipline against Councillor Bowen, because I do not feel that it will resolve
any of these issues. So I just want to make that very clear. Again, I'm very disturbed
that I'm not allowed to speak. And the future mayor, I would please request you to allow
me to finish my comments. Councilmember Bowen, please.
Thank you mayor. Sorry, I gotta find my notes. I just wanted to a few things. I want the
community to know because this is a very stressful thing for many families in the community but
the city of San Leandro has pushed up the date to enroll in summer activities including
summer camps that aligns with many of the other camp registrations in the Bay Area.
So January 17th at 9am you will be able to sign up for Tiny Trees and all of the camp
sessions at Camp Chabot as well as many others throughout the city.
And so you can find the activity log live now with the offerings and the San Leonardo
Times there will be insert in that on this Thursday.
And then you could also go to the city website to find out more information as well because
it is a high priority activity and to do item for many parents that are already very stressed
out about that.
The other thing that I want to give a shout out to is the library.
I spoke to constituents who were at the New Year's ball drop and who are also going to
to many of the other events that are lined up
for the new year, including the exhibit
that the city manager mentioned
regarding Franticura Matsu
and with significance to the city of San Leandro,
and certainly right now,
thinking about who is an American and who belongs
is incredibly important.
The last thing that I want to mention
to get on the community's radar
is that I have been communicating
with the chair of the community police oversight
of the review board and a review and discussion
around plot cameras and the use of it
to ensure that we are utilizing it in a way
that is going to be safe for our residents.
That meeting will happen February 18th
and the community is encouraged to send in comments
to show up to the meeting.
That is something that has come up in council meetings
and certainly I know the community is concerned about.
And the final thing I want to mention in response
to Council Member Simon regarding November 3rd,
I realized that the incident that the council member
is alluding to is my announcement
that I have filed a request for internal discipline,
which has to be done publicly
because we are public officials, council members,
And so in order for me to be able to share my complaint,
I have to be able to say it out loud.
So I would really question whatever accusation is,
again, being thrown out there
without any real information to substantiate.
Council Member Simon, are you back in queue?
Yes, I don't wanna back and forth
with Council Member Bowen, so we'll, I just said,
Please don't, because this is announcements.
Correct, correct.
So I don't wanna go back and forth.
disagree with your comment. However, I do want to announce to the public once a
month, second Saturday of the month, I have community chats. And normally if I've
held them outside either at Porky's Pizza or at the pickleball courts or in
the greenhouse. But this coming up Saturday on January the 10th at 8 30 a.m.
I'll be having at the Manor Grill on Manor Boulevard in the Manor area of
of San Leandro, and we'll have a special guest.
Police Chief Averitt will be there as well
to share and talk with the community.
So I'd like to invite all to come out to my community chat
if you're interested.
Thank you.
Okay, seeing no others, I'll wrap this up.
A reminder to the community that on Saturday, January 10th,
we will be, within the community,
there will be a memorial for Stephen Cassidy
at the performing arts center of San Leandro High School,
and that is at 1 p.m.
We will be having the subsequent week,
a Martin Luther King celebration
at, I believe, the Marina Community Center,
is that correct, at the Marina Community Center.
I think doors open to the public at 10,
and that oratorical celebration, poetry reading,
and the like will begin at 10.30.
members of the public are again invited. And then the subsequent week we'll have
the ribbon cutting at the Stephen Taylor Sanctity of Life pavilion down in the
Marina Park area. And I will close by just saying I have spent a lot of time
over the last three years telling public commenters in this chamber that they may
not slander council members. I have said explicitly to speakers if you have
evidence of corruption, if you have evidence of fraud, you bring that to the
city attorney, otherwise it is slander. We cannot investigate and we will not
tolerate people making accusations against council members that are
slanderous. That will not happen in this chamber. If it's a council member or a
member of the public, if you have an accusation against a council member, you
You bring evidence and you share it so that it can be dealt with.
We will not tolerate assertions of violation of law or corruption and say, but I don't
want to pursue it.
With that, we are adjourned.