San Leandro city council reprimands two members following complaints from former city manager

The San Leandro City Council’s censure of Deputy Mayor Fred Simon and Councilman Victor Aguilar after former city manager Fran Rubestelli accused them of harassing and interfering with her business will force them to devote half of their travel budget to the city’s homelessness programs and take mandatory training . tasks.

Rubestelli was hired as San Leandro’s city manager in 2021. He resigned on April 23 and filed a complaint with the mayor and city attorney on May 8. The city council hired Southern California workplace inspector Carl A. Botterud to conduct an investigation and conduct an investigation. He is firm on his claims.

In his final report, Botterud wrote that Robustelli “alleged that he was subjected to discrimination, retaliation, and harassment during his three years on the job” as city manager. It found that two of Robustelli’s allegations, regarding improper interference with Simon and Aguilar’s duties, and another allegation that Simon subjected him to abuse, could also be proven. He wrote that the fourth claim, that he was harassed because of his gender, could not be proven.

Some of the allegations stemmed from the resignation of former San Leandro Police Chief Abdul Pridgen on Feb. 20 following an investigation into allegations he violated department policies, according to the city. Although the city did not disclose details of the allegations, Pridgen had been on administrative leave since September 2023.

As city manager, Robustelli was responsible for finding Pridgen’s replacement. But during her search, she claimed Simon and Aguilar harassed her and threatened to terminate her employment, according to her complaint.

“Simon threatened him with continued employment if he made the wrong decision,” Botterud wrote in his report, adding: “Aguilar told Robustelli that he should reconsider his decision to avoid public retaliation.”

At the San Leandro City Council meeting on November 18, Simon defended his actions and attacked his opponents on the city council, as well as what he called a “biased” investigation. He claimed that the witnesses interviewed by Botterud were biased against him.

“I think some of the witnesses in the investigation had a negative political bias towards me,” Simon said. “Here in this city with so many problems, from crime to homelessness, blighted neighborhoods, businesses, dilapidated streets, I expect more (from Robustelli) than just being comfortable and retiring while we have all these needs in our city.”

Simon said he disputed the report’s findings.

“I was surprised, and it surprised many in my community, that I was charged with two counts of misconduct and interference with the city manager’s ability to do his job in the decision to fire our first black police chief in the city. years of history,” he said. “I do not agree with the proven findings of the investigation.”

Aguilar took a softer approach, expressing his “sincere regret for any misunderstanding” that occurred between him and Robustelli about how to collaboratively reform the police department.

“When Chief Pridgen was placed on paid administrative leave and an investigation was launched, community members expressed strong support for keeping him on the job. “The feedback from the community was loud and clear,” Aguilar said. “While I personally disagreed with the city manager’s decision to part ways with Chief Pridgen, I respected his authority.”

Ultimately, the council voted 4-2 to reprimand Aguilar and Simon but struck down the most extreme penalties recommended for them. Council members have been penalized with a 50% (equivalent to $5,000) cut to their travel and training budgets for the fiscal year and will be required to undertake management training.

“The whole idea is that we do the right thing, the right way. It’s one thing to be violently defensive, it’s another to threaten someone’s job,” said San Leandro Mayor Juan Gonzalez III. “Threatening someone with a poor evaluation for exercising professional judgment using all available information — that’s out of bounds.”

First Publication Date: November 29, 2024 15:52 PST