Independent investigator finds councilmember Gutierrez’s conduct intimidating; council schedules censure hearing and refers financial allegations to DA

Kelly Jameli, founder and managing attorney of Jameli Employment Law, presented an independent investigation the council commissioned into interpersonal complaints among council members. Jameli told the council the review — which included 13 interviews, more than 700 documents and multiple audio/video records — concluded by a preponderance of the evidence that Councilmember Brian Gutierrez engaged in unprofessional conduct that others reasonably perceived as intimidating and retaliatory.

"After a thorough review of the evidence, I find by a preponderance of the evidence that council member Gutierrez engaged in unprofessional conduct that others reasonably perceived as intimidating and retaliatory," Jameli said, summarizing her factual findings. She also reported that Mayor Lehi Lopez Viotto was not found to have engaged in intimidating or retaliatory conduct, and that Councilmember Tony Wu made unprofessional comments on two occasions but not conduct that was objectively intimidating.

Jameli described her methodology as exhaustive: 13…