West Covina council authorizes outside investigation into censure dispute, votes to release findings

The West Covina City Council voted 5-0 on Sept. 16 to authorize an independent third‑party investigation into competing allegations between Mayor Pro Tem Letty Lopez Viado and Councilmember Brian Gutierrez and to waive confidentiality so the final report can be released to the public.

The vote followed more than two hours of public comment and extended remarks from both council members. Mayor Tony Wu said the city manager had already authorized an outside investigator to avoid any appearance of bias. Acting City Manager Mina Morakarich told the council the investigator would be independent and not a member of city staff.

Lopez Viado opened her remarks by describing a sequence of events she said began when she received a cease‑and‑desist email and later learned “a man opened our gate to come looking for me when I was not home.” She said the incident frightened her family and employees and argued the council should act to protect staff and residents.

Councilmember Gutierrez disputed the characterization of his conduct and detailed his own complaints about what he called lack of transparency around city events and nonprofit spending. He told the council he had filed an HR complaint on Sept. 3 and said the staff response confirmed acceptance of that complaint the same day. “This censure is not about misconduct. It is not about harassment. It is not about professionalism. It is about retaliation,” Gutierrez said, adding that he would not be “silenced” for raising questions about contracts and volunteer events.

City Attorney Thomas Doherty and outside counsel Thomas O’Connell both addressed procedural questions during the meeting. O’Connell said the independent investigator would have discretion over the scope of the review and would examine the complaints presented to the council, likely interviewing both parties as part of the process. “They would actually look at the complaints … and they would start from there and likely would interview the two of you last,” O’Connell said.

After debate among council members, Mayor Wu moved to authorize the outside investigation and to pre‑waive confidentiality for the final report (with redaction of personal identifying information as appropriate). Roll call votes recorded on the motion were: Cantos — Aye; Diaz — Aye; Gutierrez — Aye; Mayor Pro Tem Lopez Viado — Aye; Mayor Wu — Aye. Both the authorization of the independent investigator and the vote to make the results public passed 5‑0.

The dispute brought repeated references during the meeting to earlier court filings, a temporary restraining‑order application that the court denied, the state Safe at Home confidentiality program and allegations about the use of city resources for nonprofit events. Councilmembers and several public speakers urged a neutral review; others urged restraint and respect for staff and the public. Several commenters at the podium asked the council to focus on city business while allowing the investigation to proceed.

Next steps: the city manager and outside counsel said the city will retain a neutral investigator unaffiliated with lawyers who have represented the city previously. The investigator’s scope will include the submitted complaints and may expand if the investigator finds reason to do so. The council instructed staff to return with contracting details and the investigator’s terms of reference.

Votes at a glance: The council approved (5‑0) authorization of an independent third‑party investigation into the competing complaints and a motion (5‑0) to pre‑waive confidentiality so the final report can be made public with appropriate redactions.