San Leandro councilmembers censured after investigation into claims of harrassment, misconduct

The San Leandro City Council’s censures of Vice Mayor Fred Simon and Councilmember Victor Aguilar will force them to give up half their travel budgets to the city’s homelessness programs and take mandatory trainings, after former city manager Fran Rubestelli accused them of harassing her and interfering with her duties.

Rubestelli was hired as San Leandro’s city manager in 2021. She resigned April 23, and filed a complaint with the mayor and city attorney on May 8. The city council hired Southern California workplace investigator Carl A. Botterud to conduct an investigation, and make a determination on her claims.

In his final report, Botterud wrote that Robustelli “alleges she has been subjected to discrimination, retaliation and harrassment over the three years she served” as city manager. He found that two of Robustelli’s allegations relating to improper interference by Simon and Aguilar in her duties could be substantiated, as could another allegation of Simon subjecting her to misconduct. He wrote that a fourth allegation, that she was subjected to misconduct based on her gender, could not be substantiated.

Some of the allegations stemmed from former San Leandro Police Chief Abdul Pridgen leaving his position on Feb. 20, after an investigation into allegations he violated department policies, according to the city. Though the city did not release 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 alleged, Simon and Aguilar harassed her and threatened to terminate her, according to her complaint.

“Simon threatened her continued employment if she made the wrong decision,” Botterud wrote in his report, adding, “Aguilar told Robustelli she should reconsider her decision to avoid retaliation from the public.”

At the San Leandro City Council meeting on Nov. 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 witnesses interviewed by Botterud were biased against him.

“I do think that some of the witnesses in the investigation have negative biases towards me politically,” Simon said. “Here at the city, (with) so many issues — from crime to homelessness, blighted neighborhoods, businesses, dilapidated streets — I do expect more (from Robustelli) than being comfortable and retiring when we have all these needs in our city.”

Simon said he took issue with the report’s findings.

“To my surprise, and to many in my community, I have been charged with two allegations of interference in the city manager’s ability to do her job and misconduct in her decision to fire the chief — our first black police chief in the city’s 152-year history,” he said. “I do not agree with the investigation’s substantiated findings.”

Aguilar took a softer approach, expressing his “sincere regret for any misunderstandings” that had taken place between him and Robustelli over how to collaboratively reform the police department.

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

Ultimately, the council voted 4-2 to censure Aguilar and Simon, but it eliminated the most extreme proposed punishments for them. The councilmembers were punished with a 50% reduction to their travel and training budgets — equivalent to $5,000 — for the fiscal year, and will be required to take management training.

“The whole idea here is that we’re doing the right thing the right way. It’s one thing to be a vehement advocate, it’s another to threaten one’s employment,” said San Leandro Mayor Juan Gonzalez III. “To threaten someone with a bad evaluation because that individual is exercising professional judgement using all the available information — that is out of bounds.”