Title
Adopt a Resolution to Execute the Discipline Already Agreed Upon at the January 20, 2026 City Council Meeting onto Councilmember Simon under Chapter 1.13 of the San Leandro Administrative Code pursuant to Councilmember Bowen’s internal request for discipline submitted on October 24, 2025
Staffreport
RECOMMENDATION
Adopt a Resolution that executes the discipline that the City Council already approved at the January 20, 2026 City Council meeting upon Councilmember Simon that was submitted by Councilmember Bowen on October 24, 2025, and initially heard on November 3, 2025.
BACKGROUND
By notice to then Vice-Mayor Bowen dated February 6, 2025, the City Council initiated an independent investigation of Councilmember Bowen’s complaint to the Human Resources Director alleging Councilmember Simon retaliated against Councilmember Bowen for her participation in the censure process of Councilmember Simon that occurred on November 14, 2024, and engaging in a pattern of bullying/abusive conduct towards her, in violation of the behavioral standards applicable to City Councilmembers set forth in the City’s Code of Ethics, Council Commitments, and the Council Member Handbook. An independent investigator, Jane Kow of HR Law Consultants, conducted the investigation, and released her attorney-client privileged investigation report, dated October 27, 2025, to the full Council.
Councilmember Bowen submitted an internal request for discipline under San Leandro Administrative Code (SLAC) Chapter 1.13 against Councilmember Simon on October 24, 2025, re-alleging her complaint against Councilmember Aguilar of retaliation and a pattern of bullying / abusive conduct, as well as making untruthful statements and bias. Councilmember Bowen referred to the relevant findings in the investigation report as the factual basis of the internal request for discipline against Councilmember Simon. At its January 5, 2026 regular meeting, the City Council waived the attorney-client privilege applicable to the report and directed that it be posted on the City’s website. Pursuant to SLAC Chapter 1.13, at its January 20, 2026 City Council meeting the City Council adopted the findings in the investigation report that involve Councilmember Simon as the bases for discipline.
Analysis
San Leandro Administrative Code Section 1.13.115 provides that the Council must decide whether further investigation of the internal request for discipline is required, or whether discipline short of censure is warranted, or to move towards censure. Discipline short of censure may be one or a combination of the items in subsections (a) through (d) of SLAC Section 1.13.115. This discussion is a matter of public record and must take place during an open, noticed, and public meeting of the City Council.
Subsections (a) through (d) provide as follows:
(a) Consultation with Mayor. At the direction of the City Council, an informal consultation with the Mayor may be required of the member who is the subject of the request. If the subject of the request is the Mayor, the consultation shall be with the Vice-Mayor.
(b) Letter of Reprimand from the City Council. At the direction of the City Council, the Mayor, or Vice-Mayor if the Mayor is the subject of the discipline, would coordinate with the City Manager and/or City Attorney on issuing a letter of reprimand to Councilmember Simon. The reprimand would be based on a particular action (or set of actions) that is determined by the City Council to be in violation of law or City policy but is considered by the Council to be not sufficiently serious to require formal censure. The letter of reprimand may include recommendations for corrective actions or behaviors.
(c) Statement of Disapproval. By a resolution of the City Council, the Council may adopt a statement expressing disapproval or displeasure with the conduct of Councilmember Simon including recommendations for corrective action or behavior.
(d) Admonition. By a resolution of the City Council, the Council could issue an admonition directed towards Councilmember Simon that a particular type of behavior or action may become or is a violation of law or City policy.
The Council decided to adopt a Resolution containing a statement of disapproval and an admonition of Councilmember Simon under SLAC Section 1.13.120.
Councilmember Simon would be ineligible to vote on any matter related to a disciplinary action.
Financial Impacts
No material fiscal impact.
ATTACHMENS
A: Resolution
PREPARED BY: Richard Pio Roda, City Attorney