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Councilmember Penaloza spoke regarding due process and requested the <br /> allegations be investigated. <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 /> 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 /> Councilmember Phan requested the allegations be investigated so the Council can <br /> move forward with other City matters. <br /> Councilmember Lopez asked whether the City has conducted an investigation. <br /> City Manager Alvaro Nunez explained an investigation had been conducted by <br /> Human Resources regarding the allegations. <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 /> 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 /> 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 /> 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 /> The motion carried, 4-2-1, by the following roll call vote: <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 /> CITY COUNCIL 7 OCTOBER 7, 2025 <br />