November 29th 2024.
The recent actions of the San Leandro City Council have caused quite a stir in the community. Vice Mayor Fred Simon and Councilmember Victor Aguilar have been censured, a decision that will have serious consequences for them. In light of allegations made by former city manager Fran Rubestelli, the council has decided to take action. Rubestelli claims that she was harassed and hindered in her duties by Simon and Aguilar, prompting the council to launch an investigation.
Rubestelli joined the city as its manager in 2021, but resigned in April of this year. She then filed a complaint with the mayor and city attorney on May 8th. To get to the bottom of her claims, the council hired workplace investigator Carl A. Botterud from Southern California. After a thorough investigation, Botterud concluded that Rubestelli had indeed faced discrimination, retaliation, and harassment during her three years as city manager. He substantiated two allegations of improper interference by Simon and Aguilar in her duties, as well as another allegation of misconduct by Simon. However, a fourth allegation based on gender could not be confirmed.
The allegations stemmed from the departure of former San Leandro Police Chief Abdul Pridgen, who left his position after an internal investigation found that he had violated department policies. Although details of the allegations were not released, it was revealed that Pridgen had been on administrative leave since September 2023. As city manager, Rubestelli was responsible for finding Pridgen's replacement. However, she claims that Simon and Aguilar made her job difficult by harassing her and threatening to fire her if she made the wrong decision.
At the recent city council meeting on November 18th, Simon defended his actions and criticized his fellow council members, as well as the investigation itself. He accused the witnesses interviewed by Botterud of having biased opinions against him. Simon also expressed his disappointment with the report's findings, especially the two substantiated allegations against him. He argued that the community has many pressing issues, such as crime, homelessness, and infrastructure, and that he expects more from the council than just being comfortable and retiring.
On the other hand, Aguilar took a more conciliatory approach, expressing regret for any misunderstandings that may have occurred between him and Rubestelli during their efforts to reform the police department. He acknowledged that there was a strong public outcry in support of Pridgen when he was placed on leave, but he respected Rubestelli's decision to let him go. Despite disagreeing with the decision, Aguilar recognized her authority and their duty to work together.
Ultimately, the council voted 4-2 to censure Simon and Aguilar, but the punishments were not as severe as initially proposed. They will have to give up half of their travel and training budgets, equivalent to $5,000, for the fiscal year and will be required to undergo management training. Mayor Juan Gonzalez III stressed the importance of doing the right thing in the right way and condemned any actions that threaten an individual's employment or professional judgment. The council's decision to censure Simon and Aguilar sends a clear message that such behavior will not be tolerated.
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