San Leandro City Council censures two of its own

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San Leandro Councilmembers Fres Simon and Victor Aguilar, Jr., left, being dressed down by former Councilmember Celina Reynes at Monday night’s censure hearings.

CITY NEWS

SAN LEANDRO

—CENSURE FOR TWO—San Leandro Councilmembers Fred Simon and Victor Aguilar, Jr. were censured on Monday night for violating the city charter’s non-interference rules, a serious breach of the city’s system of governance.

—An independent investigation released by the city on Nov. 4 substantiated claims by former San Leandro City Manager Fran Robustelli that Simon and Aguilar, Jr. interfered in her duties involving the dismissal earlier this year of the city’s police chief.

—The investigator determined that Robustelli’s employment had been threatened by Simon if she chose to fire Police Chief Abdul Pridgen. Aguilar did the same, suggesting the move would upset the public and result in a poor performance review.

—The San Leandro City Council agreed with the report’s findings.

—San Leandro Mayor Juan Gonzalez III said councilmembers threatening the city manager’s employment is “out of bounds.”

—“When we don’t think the rules apply to us, that ‘s when we put the city at risk,” Councilmember Sbeydeh Viveros-Walton said of Simon.

Investigation finds two San Leandro councilmembers improperly interfered in former city manager's duties

—The councilmembers repeatedly attempted to undermine the veracity of the report. Aguilar, Jr. alleged the attorney hired by the city was tasked with providing its desired result to censure both.

—“This process is flawed and unjust,” Simon said, adding that his right to due process had been violated.

—Simon, who was re-elected earlier this month without opposition, said he did not interfere with Robustelli’s duties, adding, “I’m being singled out for being a Black man.”

—The council voted to censure Simon, 4-2, with Aguilar and Councilmember Bryan Azevedo voting no. Simon was recused from the vote. Aguilar was sanctioned by the same vote.

—Simon, though, avoided losing his title as vice-mayor, and retained his ability to seek reimbursement for mileage.

—Aguilar, Jr. said the censure hearing was akin to a public hanging. He labeled the council’s actions an attack on persons of color and the LGBT community.

—“I have never sought to undermine the city manager’s authority or impeded her ability to do her duties.,” Aguilar said, in a moment of contrition. Earlier in the hearing, Aguilar, Jr. offered his “sincere regret over any misunderstandings” with Robustelli.

—It remains to be seen how the San Leandro City Council will function as a group and with some members of the city's administration going forward.

—Councilmember Xouhoa Bowen, near the end of the six-hour meeting, became emotional while raising concerns about retaliation against her following the censure votes.

—“I am honestly worried,” Bowen said. “I’ve already started to hear things. Things are not always as they seem. I want to know the consequences when it comes to retaliation.”

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