Laserfiche WebLink
Councilmember Penaloza spoke regarding due process and requested the <br />allegations be investigated. <br /> <br />Councilmember Bacerra asked whether a censure is a violation of First Amendment <br />rights, spoke regarding due process, and requested the allegations be investigated. <br /> <br />City Attorney Carvalho explained censures are often upheld and clarified the case <br />Mayor Pro Tem Vazquez spoke regarding being Miller v. Sawant, Case No. 2:18- <br />cv-00506-MJP. <br /> <br />Councilmember Phan requested the allegations be investigated so the Council can <br />move forward with other City matters. <br /> <br />Councilmember Lopez asked whether the City has conducted an investigation. <br /> <br />City Manager Alvaro Nuñez explained an investigation had been conducted by <br />Human Resources regarding the allegations. <br /> <br />Mayor Amezcua stated there were six councilmembers during the Closed Session <br />discussion where recommendations were made and expressed all members voted to <br />bring this subject forth to the public. <br /> <br />City Attorney Carvalho confirmed six members were present, with Councilmember <br />Hernandez absent, and explained the two-step process – one internally with the City’s <br />process regarding the city’s policy on harassment and retaliation and second under <br />the City Council under the Ethics Code, and all member present did vote in favor to <br />bring forth an item to determine whether the Council would like to pursue a censure. <br /> <br />Mayor Amezcua echoed Councilmember Phan’s thoughts, emphasized all six <br />Councilmembers voted to bring the item forward to the public, thanked City Attorney <br />Carvalho for all the work she has conducted regarding this matter, spoke in support <br />of the allegations be investigated, and requested the findings be brought back to <br />Council. <br /> <br />MOTION: Mayor Amezcua moved to direct staff to perform a formal <br />investigation to be brought back at the first meeting in January 2026, <br />seconded by Councilmember Phan. <br /> <br />The motion carried, 4-2-1, by the following roll call vote: <br /> <br />AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER <br /> PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA <br />NOES:COUNCILMEMBER LOPEZ, MAYOR PRO TEM VAZQUEZ <br />ABSTAIN: COUNCILMEMBER HERNANDEZ (recusal) <br />ABSENT: NONE <br />Status: 4– 2–1 – Pass <br /> <br /> <br />CITY COUNCIL 7 OCTOBER 7, 2025 <br /> <br />