The San Leandro City Council voted on Dec. 8 to schedule a "discussion and possible action" item for Monday, Jan. 5, 2026, to consider waiving attorney‑client privilege on the Oct. 31, 2025 investigative report related to complaints by Vice Mayor Bowen. The council also voted to hold disciplinary hearings on Tuesday, Jan. 20, 2026, to consider possible discipline up to and including censure for Councilmembers Aguilar and Simon.

City Attorney Rich Pirotta told the council the November 3 action on the same matter had been "rendered null and void" because it was not properly agendized, and that the council must follow the Administrative Code and Brown Act requirements. He said if the council intends to rely on the investigative report as the factual basis for censure, the council must first take a separate action to waive attorney‑client privilege for that report.

Vice Mayor Bowen, who filed an HR complaint on Jan. 6, 2025, urged the council to schedule the hearings and to include the full range of discipline options — including censure — because she said she wants enforceable accountability and not only informal corrective steps. "I would like to move to hold the disciplinary hearing... up to censure," Bowen said during her remarks.

Members of the public pressed the council for transparency. Sarah Bailey said the city "has not shown us any part of the investigative report" and argued that without releasing the redacted findings the public cannot meaningfully participate. Deborah Acosta of the League of San Leandro Voters urged the council to agendize a public vote to waive privilege and to ensure the vice mayor is present for any action involving her complaint.

Council debate focused on process: whether the council could require training or other corrective steps short of censure, whether the privilege waiver could be handled in time, and whether hearings for the two councilmembers should be scheduled together or separately. Councilmember Viveiros Walton moved to set the hearing date for Jan. 20 and Councilmember Bolt seconded an amendment to set that date; the motion carried 4–3 (Yes: Vice Mayor Bowen, Mayor Gonzales, Councilmember Bolt, Councilmember Viveiros Walton; No: Councilmembers Simon, Aguilar and Acevedo).

The council later approved a motion to agendize "discussion and possible action" to consider waiving attorney‑client privilege on the Oct. 31, 2025 report at the Jan. 5 meeting; that motion carried 5–2. City Attorney Pirotta advised that if privilege is not waived the council would need an independent factual basis for censure.

Next steps: the Jan. 5 agenda will consider whether to waive privilege and release a redacted or full report; the Jan. 20 hearing is scheduled to consider discipline up to censure for Councilmembers Aguilar and Simon.