Report On Simi Valley City Council HR Complaint 05.05.2020

CONFIDENTIAL INVESTIGATIVE REPORT
REGARDING COMPLAINT MADE BY RUTH LUEVANOS

RE CITY COUNCIL
PREPARED FOR CITY OF SIMI VALLEY
Prepared by:
Irma Rodríguez Moisa SBN 162272
Atkinson, Andelson, Loya, Ruud & Romo
12800 Center Court Drive, Suite 300
Cerritos, California 90703
(562) 653-3200
Dated: May 5, 2020

TABLE OF CONTENTS
Page
I. INTRODUCTION ...............................................................................................................1
A. Background regarding Complaints and Investigation..............................................1
B. Ms. Luevanos’ Complaints That Are the Subject of This Investigation..................1
1. Did Councilmember Michael Judge: ...........................................................1
a. Call Ms. Luevanos a liar from the dais? ..........................................1
b. State that Ms. Luevanos was getting what she deserved

[death threats] and she brought it upon herself? ..............................1
c. Make a threatening gesture and statement at the August 26,

2019 closed session that made Councilwoman Luevanos
feel threatened? Specifically, did he jump out of his chair,
lunge over the table and state in a yelling tone, “What do
you mean? Are you calling me unethical?”? ..................................1
d. Communicate with the local press about Councilmember

Luevanos’ complaint in violation of the obligation to keep
the investigation confidential? .........................................................1
2. Did Mayor Keith Mashburn: ........................................................................1
a. Make fun of the word “lynch” in a closed session meeting

by making the following statement: “‘Lynch,’ that’s kind
of a funny word, don’t you think?”..................................................1
b. Communicate with the local press about Councilmember

investigation confidential? ...............................................................2
3. Did Councilmember Dee Dee Cavanaugh: ..................................................2
a. Make a statement to Councilmember Luevanos at a June

2019 Council Meeting to the effect that Councilmember
Luevanos’ accent was so thick that she could not
understand her? ................................................................................2
b. Make the statement “You’re so stubborn” to

Councilmember Luevanos after a 4-1 vote regarding
affirmation of the Code of Ethics? ...................................................2
Page i
TABLE OF CONTENTS
(CONTINUED)
Page
II. INVESTIGATIVE PROCESS .............................................................................................2
A. Documents Reviewed ..............................................................................................2
B. Witnesses Interviewed .............................................................................................2
C. The Standard of Proof for this Investigation............................................................3
III. RELEVANT BACKGROUND INFORMATION ..............................................................3
A. Her Election and Concerns about Treatment of Latinos in the City ........................3
B. Video Regarding ICE Raids and Response .............................................................4
C. Ms. Luevanos’ Comments Regarding ICE Raids at The Vallarta Market

and Councilmember Judge’s Investigation and Response .......................................5
D. September 9, 2019 Council Meeting re Censure .....................................................6
E. Relevant Policies ......................................................................................................7
1. Conduct of Members....................................................................................7
2. Respect for Process ......................................................................................7
3. Conduct of Public Meetings.........................................................................7
4. Communication ............................................................................................8
5. Advocacy .....................................................................................................8
6. Policy Role of Members ..............................................................................8
7. Positive Work Place Environment ...............................................................8
8. Implementation ............................................................................................8
9. Compliance and Enforcement ......................................................................9
IV. CHRONOLOGY OF EVENTS ...........................................................................................9
Page ii
TABLE OF CONTENTS
(CONTINUED)
Page
V. SUMMARY OF CRITICAL ELEMENTS OF WITNESSES’ TESTIMONY,

ANALYSIS OF THEIR CREDIBILITY, AND FACTUAL FINDINGS .........................11
A. Becerra, Glen .........................................................................................................11
1. Background and Experience ......................................................................11
2. Relationship with Ms. Luevanos................................................................12
3. Perceptions of Ms. Luevanos Concerns about Treatment by

Council .......................................................................................................12
B. Caceres, David .......................................................................................................13
2. Closed Session – “lynch” Matter ...............................................................13
3. Observation of Mr. Judge’s Conduct in Closed Session............................13
C. Cavanaugh, Dee Dee ..............................................................................................13
1. Background and Experience and Relationship ..........................................13
2. Accent Comment .......................................................................................14
3. “You’re So Stubborn” Comment ...............................................................14
4. Observation of Mr. Judge’s Conduct in Closed Session............................14
D. Eldridge, Lonnie ....................................................................................................15
2. Research for “lynch” in Closed Session Discussions ................................15
3. Observations of Mr. Judge in Closed Session ...........................................15
E. Gabler, Brian ..........................................................................................................16
2. Relationship with Ms. Luevanos................................................................16
Page iii
TABLE OF CONTENTS
(CONTINUED)
Page
3. Observations of Mr. Judge in Closed Session ...........................................16
F. Judge, Mike ............................................................................................................16
1. Background and Experience and Relationship with

Councilmember Luevanos .........................................................................16
2. Statements Made on Council Dais re Councilmember Luevanos’

Credibility ..................................................................................................17
3. Conduct in Closed Session Re Threatening Conduct and Statement ........18
4. Contact with the Press Re Councilmember Luevanos’ Complaint ............18
G. Litster, Elaine .........................................................................................................18
2. Mr. Judge’s Conduct in Closed Session ....................................................19
3. Statements to the Press about Ms. Luevanos’ Video .................................20
4. “Lynch” Comments ...................................................................................20
H. Livingstone, David .................................................................................................20
1. Background and Experience in Law Enforcement ....................................20
2. Ms. Luevanos Report of Mr. Judge’s Conduct? ........................................20
I. Luevanos, Ruth ......................................................................................................21
2. Councilman Judge’s Conduct in Closed Session .......................................21
3. Mayor Mashburn’s Comment Regarding “Lynch”....................................22
4. Councilwoman Cavanaugh’s Comments ...................................................22
5. Comments to the Press ...............................................................................22
Page iv
TABLE OF CONTENTS
(CONTINUED)
Page
J. Mashburn, Keith ....................................................................................................23
2. Use of the word “Lynch” ...........................................................................23
3. Disclosure of Complaint to Local Media ...................................................23
VI. ANALYSIS AND FACTUAL FINDINGS .......................................................................24
A. Allegations Against Councilmember Judge: .........................................................24
1. Statements at Council Meetings.................................................................24
2. Threatening Conduct at August 26, 2019 Closed Session Meeting...........25
3. Communication to the Local Press ............................................................26
B. Allegations Against Mayor Keith Mashburn: ........................................................27
1. Make fun of the word “lynch” in a closed session meeting by

making the following statement: “Lynch, that’s kind of a funny
word, don’t you think? ...............................................................................27
2. Communicate With the Local Press About Councilmember

Luevanos’ Complaint in Violation of the Obligation to Keep
Investigation Confidential? ........................................................................28
C. Allegations Against Councilmember Cavanaugh: .................................................29
1. Comment About Ms. Luevanos’ Accent ...................................................29
2. Comment That Ms. Luevanos is “So Stubborn” ........................................30
VII. CONCLUSION ..................................................................................................................31
Page v
I. INTRODUCTION
A. Background regarding Complaints and Investigation
This investigation arises out of a complaint 1 made by Councilmember Ruth Luevanos

(“Ms. Luevanos”) alleging that she was subjected to a hostile work environment, based on race
and/or gender (Latina woman) due to conduct by fellow members of the City Council 2. The City
Manager and City Attorney retained an external investigator to investigate the complaint and
requested that Atkinson, Andelson, Loya, Ruud & Romo, through attorney Irma Rodríguez
Moisa (the “Investigator”), investigate these complaints, prepare a written report containing
factual findings regarding the complaint, and do so under the attorney-client privilege.
B. Ms. Luevanos’ Complaints That Are the Subject of This Investigation
Based on the interview with Ms. Luevanos, the Investigator examined whether the following
conduct was directed to her due to her national origin and/or gender (Latina woman)3:
1. Did Councilmember Michael Judge:
a. Call Ms. Luevanos a liar from the dais?
b. State that Ms. Luevanos was getting what she deserved [death
threats] and she brought it upon herself?
c. Make a threatening gesture and statement at the August 26, 2019

closed session that made Councilwoman Luevanos feel threatened?
Specifically, did he jump out of his chair, lunge over the table and
state in a yelling tone, “What do you mean? Are you calling me
unethical?”?
d. Communicate with the local press about Councilmember

Luevanos’ complaint in violation of the obligation to keep the
investigation confidential?
2. Did Mayor Keith Mashburn:
a. Make fun of the word “lynch” in a closed session meeting by

making the following statement: “‘Lynch,’ that’s kind of a funny
word, don’t you think?”
1
Ms. Luevanos provided her initial complaints to the Head of Human Resources, Jennifer Gutierres, on or about
September 20, 2019.
2
Ms. Luevanos has also made allegations against two employees. Due to employee privacy rights, those allegations
are the subject of a separate report. Ms. Luevanos also alleged that the failure of the Council to timely establish
council protocols for placing items on the Council agenda and the City Manager’s request that staff advise him when
members of the Council contact them contributed to a hostile work environment. These two items are also part of a
separate report.
3
Ms. Luevanos also made an allegation regarding former City Manager Mike Sedell but he did not respond to
requests for interview so that allegation was not investigated.
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b. Communicate with the local press about Councilmember
investigation confidential?
3. Did Councilmember Dee Dee Cavanaugh:
a. Make a statement to Councilmember Luevanos at a June 2019

Council Meeting to the effect that Councilmember Luevanos’
accent was so thick that she could not understand her?
b. Make the statement “You’re so stubborn” to Councilmember

Luevanos after a 4-1 vote regarding affirmation of the Code of
Ethics?
II. INVESTIGATIVE PROCESS
A. Documents Reviewed
The documents the Investigator reviewed and relied upon in making her findings are listed
below:
 October 18, 2019 The Acorn article “Internal Strife Bubbles Up at Simi Valley
City Hall”
 July 13, 2019 Video of Ms. Luevanos re: ICE Activities; ICE Upcoming Raids
 Various Agendas of City Council Meetings (viewed through Simi Valley City
website)
 Various Videos of City Council Meeting including June 28, 2018; June 17, 2019;
July 29, 2019; August 12, 2019; August 26, 2019; and September 9, 2019 (viewed
through Simi Valley City website)
 October 15, 2019 Notices to Mr. Judge and Mr. Mashburn re investigation
B. Witnesses Interviewed
In order to ascertain the merits of the complaint, the following individuals were interviewed: 4
4
All witnesses were provided standard admonitions. In addition, all witnesses were advised that the Investigator was
an attorney conducting the investigation under the direction and authority of the Office of the City Attorney and City
Manager and pursuant to the confidential attorney-client privilege.
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NAME DATE OF INTERVIEW POSITION AT THE TIME
OF THE INTERVIEW
Glen Becerra January 9, 2020 Former Councilmember
David Caceres January 9, 2020 Assistant City Attorney
Dee Dee Cavanaugh November 24, 2019 Councilmember
Lonnie Eldridge January 9, 2020 City Attorney
Mike Judge October 29, 2019 Councilmember
Brian Gabler January 24, 2020 City Manager
Elaine Litster October 29, 2019 Councilmember

April 8, 2020
David Livingstone November 25, 2019 Chief of Police
Ruth Luevanos (by IRM) October 26, 2019 Councilmember

February 27, 2020
Ruth Luevanos (by JG) September 20, 2019 Councilmember
Keith Mashburn November 25, 2019 Mayor

April 6, 2020
C. The Standard of Proof for this Investigation
The standard of proof that the Investigator applied in making her findings was whether, after
weighing all the information received, it was more likely than not that the complained of action
or conduct occurred, which is the preponderance of the evidence standard of proof.
III. RELEVANT BACKGROUND INFORMATION
A. Her Election and Concerns about Treatment of Latinos in the City
Ms. Luevanos is the first Latina, and first woman of color, elected to the City of Simi Valley
City Council 5 . Prior to her election, Ms. Luevanos had spoken at City Council meetings
regarding the Council’s support of an amicus brief in support of opposition to S.B. 54 (the State
of California’s Sanctuary City Law), concerns about Brown Act violations, support for “by-
district” elections and expressing her concern about racial-profiling in the City and lack of
representation of Latino citizens. Ms. Luevanos has zealously advocated on behalf of Latino
5
Councilman Glen Becerra was the first Latino elected to the Simi Valley City Council. He was first elected in
1998 and served for twenty years until 2018.
Page 3
residents of the City and raised the profile of these issues at the City. Ms. Luevanos and Mr.
Mashburn have publicly disagreed about whether there has been discriminatory conduct towards
Latinos in the community. Mr. Mashburn has denied making derogatory statements and was
offended by Ms. Luevanos’ accusations. Ms. Luevanos maintains that Latinos, including her
family, have been subjected to hurtful and discriminatory comments and that Mr. Mashburn
should be aware of this historical and current treatment.
Despite this public feud, Mr. Mashburn has testified that he maintains a professional interaction
with Ms. Luevanos. Ms. Luevanos has not made any allegations that Mr. Mashburn is
unprofessional in his interactions with her. Prior to her election to the City Council, Ms.
Luevanos had limited contact with Councilmembers Cavanaugh and Judge. However, she
believed that Councilman Judge had made anti-Latino comments in prior elections. Again, she
has not accused Ms. Cavanaugh or Mr. Judge of unprofessional inter-personal conduct, aside
from the incidents that are the subject of this investigation.
B. Video Regarding ICE Raids and Response
On Saturday July 13, 2019, Ms. Luevanos posted a video on her personal Councilwoman
Luevanos Facebook page providing information to the public about their rights regarding
potential ICE raids that had been announced would take place the following weekend. Ms.
Luevanos filmed the video in her City Council office, with the assistance of a couple of students.
Ms. Luevanos introduced herself as a member of the Simi Valley City Council in the video. The
video referenced that the federal government was in the business of running concentration camps
and provided information about how impacted individuals could respond to ICE. Ms. Luevanos
is a law school graduate and has translated in immigration courts and followed a similar video
that had been prepared by Governor Newsom.
Ms. Luevanos believed making the video was appropriate as she sees her role as providing
information to the public. She had previously posted information on social media about
evacuation sites and other available resources during the Woolsey fires. Ms. Luevanos had also
previously reached out to the police department to get information she could share on social
media with the Jewish community after the shooting at a synagogue in Pittsburgh and for
information to share on social media with the Muslim community after the shooting at a Mosque
in New Zealand. Ms. Luevanos did not notify anyone at City Hall that she was going to tape the
video in her office, but did not think it was inappropriate to use her office for that purpose. She
indicated that she could not record the video at her home as she did not have the space and with
five people living in her home, she did not think it would be quiet enough.
Ms. Luevanos maintains a Mayan piece of artwork in her office that was visible in the video.
The artwork was created by a naturalist whose work reflects his Latino heritage and embraces his
American roots. The artwork is of an American flag cutout sewn onto a serape. There have been
public statements that this artwork was a “defaced” United States flag.
Page 4
Within hours of her posting of the video, Ms. Luevanos reported that she had been called a
traitor, should be hung or executed or should be put in a gas chamber. She was also told there
would be protests at her school and home. As a result of the potential protests, she informed her
neighbors. The threats were posted on social media. On Sunday, July 14, 2019, she called the
Simi Valley police chief to seek his advice as to how to maintain her and her family’s safety.
The Chief did not recall receiving a call from Ms. Luevanos that day, but all agree that an officer
was dispatched to her home to take a report. Ms. Luevanos has received other police department
support and believes the police chief has been responsive to the numerous concerns she has
expressed to him.
There was significant public comment about the video at the July 29, 2019 and August 12, 2019
City Council meetings. Based on a review of the videos of these meetings, there were 28
speakers in support of Ms. Luevanos and 25 speakers critical of Ms. Luevanos at the July 29,
2019 meeting. Similarly, the August 12, 2019 meeting reflected a closely divided public, with
four speakers supportive of Ms. Luevanos and three speakers who were critical.
C. Ms. Luevanos’ Comments Regarding ICE Raids at The Vallarta Market and
Councilmember Judge’s Investigation and Response
At the July 29, 2019 Council meeting, Ms. Luevanos made a statement in response to a question
posed by Mayor Mashburn to a public speaker that she understood there had been an ICE raid at
the Vallarta Supermarket. Specifically, she stated:
“The manager of Vallarta supermarket told a friend of mine that last Friday there
was an ICE raid right outside of Vallarta Supermarket and five immigrants were
detained by ICE and arrested, and it has been a ghost town a Vallarta since
then…I have also seen the ICE buses at the Shell gas station in the 18 years I have
lived here, several times…If you want confirmation, you can speak to the
manager at Vallarta.”
As a result of her comment, Mr. Judge decided to investigate the allegation further. Mr. Judge is
employed as a police officer with the Los Angeles Police Department and publicly criticized Ms.
Luevanos’ ICE video and was suspicious of Ms. Luevanos’ statement as he had never heard of
ICE conducting a raid at a supermarket. He understood that ICE typically goes to people’s home
or work and does not conduct raids in a public setting because their actions could cause a
negative public reaction. As a result, Mr. Judge spoke with the Vallarta Market manager a
couple of days after the Council meeting. The manager (who he believes was a Latina female)
informed him that there had never been an ICE raid at the Simi Valley store to her knowledge
and provided him with the contact information for corporate security. He then spoke with a
security manager named Sonia at corporate headquarters who he believed was very candid in
sharing information with him as he was a police officer and had previously been involved in
assisting Vallarta with loss prevention issues. Sonia informed Mr. Judge that there had never
been an ICE raid at a Vallarta store. Sonia told Mr. Judge that Vallarta has very strict hiring
requirements and they do not hire undocumented individuals. She represented to Mr. Judge that
if a raid had occurred, or harassment, by ICE at one of their stores, she would have known about
it.
Page 5
Based on this information, Mr. Judge presented his findings at the August 12, 2019 meeting. He
stated:
“Mr. Mayor, if we could — and you can blame this on me being a cop — I don’t
care what, but I can’t sit by with the lack of integrity that’s been shown on this
dais by one of our councilmembers. I think we have to bring forward a discussion
about censure for Councilmember Luevanos—I’m not going to say anything else
except for the comments about the lies that were perpetuated from the dais about
Vallarta. The one we heard tonight about she has a secret friend that knows
something about it. And it never happened. I spoke to a person at their corporate
office [who] stated it never happened. Unless you give me a good excuse why a
corporate officer, of a corporation that does business in our town, would lie to me
about having raids conducted on their property, I think we need to talk about your
[Ms. Luevanos’] censure.
Ms. Luevanos responded:
“I do have, you know, I do have friends that are immigration attorneys. I

practiced — you know, I was — I was in immigration law over 20 years ago
when I was in law school, and many of my friends are still immigration attorneys.
Due to attorney/client privileges they cannot come forth and state, but I do have
an attorney who is a friend of mine who has stated that there were, in fact, ICE
raids in the Vallarta vicinity and they are his clients. He cannot come here and
say anything because that is an attorney/client privilege. So, you know, I — I just
wanted to respond in that manner, to clarify that there is verification but
unfortunately due to client/attorney privileges they cannot come forth. And for
safety, especially given the El Paso shooting that were aimed and targeted at
Latino immigrants, he’s even more fearful of coming forward.”
Ms. Luevanos also stated:
“I’ve sat through two council meetings already. Not to mention the fact that I
have surveillance at my house 24/7 because of continued death threats. So if you
want to continue down this path — I will —”
And Mr. Judge interrupted and stated: “Again, those are things you brought upon yourself.”
D. September 9, 2019 Council Meeting re Censure
As a result of Mr. Judge’s request, the City Council did consider its options with regard to
Censure, or other actions at its September 9, 2019 Council meeting. Mr. Judge admitted that he
was unaware of the City ever considering censure. After consideration of its options, the City
Council voted 4-1 to reaffirm its commitment to its Code of Ethics. Ms. Luevanos explained her
dissent to the Investigator as follows:
“And Mayor Mashburn started looking and nodding at Dee Dee. And then
reading out specific parts of the Code of Ethics. So he would say a number, and
then he would read it. And then he would say a number, and he’d read it. He’d
Page 6
say like section, and I don’t remember specifically. It was like section 4, and then
he would read it. And then section 8, and he’d look at Dee Dee and she would
nod. And then he would read it. And then like, okay, well we’re going to vote. It
was never clear what they were going to vote on. He just named off sections of
the Code of Ethics. And they said, we’re going to vote. And I wasn’t clear what
they were voting on. So I voted against it. Because to me, it seemed like the
implication was they were voting that I had violated those parts of the codes,
Code of Ethics.”
Therefore, Ms. Luevanos’ vote does not reflect her lack of support for the Code of Ethics.
Rather, she believed the vote was whether she had violated the Code and she did not believe she
had personally violated the Code of Ethics.
E. Relevant Policies
The City of Simi Valley has promulgated numerous policies that govern its Councilmembers,
applicants to boards, commissions, and committees and newly elected and appointed officials. It
is unclear if the City’s harassment policy applies to conduct between elected officials. However,
for purposes of this Investigation, it is presumed that the policy does apply.
 Policy 33 of City of Simi Valley Management Employees Manual
 City of Simi Valley Code of Ethics and Conduct For Elected Officials and
Members of Appointed Boards, Commissions, and Committees
The Simi Valley Code of Ethics and Conduct sets forth eighteen (18) guidelines. The
relevant sections are:
***
1. Conduct of Members
The professional and personal conduct of members must be above reproach and
avoid even the appearance of impropriety. Members shall refrain from abusive
conduct, personal charges or verbal attacks upon the character of motives of other
members of Council, boards, commissions, and committees, the staff or public.
***
2. Respect for Process
***
3. Conduct of Public Meetings
Members shall prepare themselves for public issues; listen courteously and
attentively to all public discussions before the body; and focus on the business at
hand. They shall refrain from interrupting other speakers making personal
Page 7
comments not germane to the business of the body, or otherwise interfering with
the orderly conduct of meetings.
4. Communication
Members shall publicly share substantive information that is relevant to a matter

under consideration by the Council or boards, commissions, and committees,
which they may have received from sources outside the public decision-making
process.
5. Advocacy
Members shall represent the official policies or positions of the City Council,
board, commission, or committee to the best of their ability when designated as
delegates for this purpose. When presenting their individual opinions and
positions, members shall explicitly state they do not represent their body or the
City of Simi Valley, nor will they allow the inference that they do.
6. Policy Role of Members
Members shall respect and adhere to the council-manager structure of Simi Valley
city government as outlined in the City’s policies and procedures and follow Simi
Valley Municipal Code Section 2-6.208 with respect to the City Manager’s
relationship with the City Council. In this structure, the City Council determines
the policies of the City with the advice, information and analysis provided by the
public, boards, commissions, and committees and City staff. Except as provided
by the City ordinance, members therefore shall not interfere with the
administrative functions of the City or the professional duties of City staff; nor
shall they impair the ability of staff to implement Council policy decisions.
7. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place
environment for City employees and for citizens and businesses dealing with the
City. Members shall recognize their special role in dealings with City employees
and refrain from creating the perception of inappropriate direction to staff.
8. Implementation
As an expression of the standards of conduct for members expected by the City,

the Simi Valley Code of Ethics and Conduct is intended to be self-enforcing. It
therefore becomes most effective when members are thoroughly familiar with it
and embrace its provisions. For this reason, ethical standards shall be included in
the regular orientations for candidates for City Council, applicants to boards,
commissions, and committees and newly elected and appointed officials.
Page 8
9. Compliance and Enforcement
The Simi Valley Code of Ethics and Conduct expresses standards of ethical
conduct expected for members of the Simi Valley City Council, boards,
commissions, and committees. Members themselves have the primary
responsibility to assure that ethical standards are understood and met, and that the
public can continue to have full confidence in the integrity of government. The
chairs of boards, commissions, and committees, and the Mayor have the
additional responsibility to intervene when members’ actions appear to be in
violation of the Code of Ethics and Conduct and are brought to their attention.
The City Council may impose sanctions on members whose conduct does not
comply with the City’s ethical standards, such as reprimand, formal censure, loss
of seniority or committee assignment. The City Council also may act to remove
members of boards, commissions, and committees from office.
IV. CHRONOLOGY OF EVENTS
 June 23, 2018 – Mayor Huber held a Town Hall Meeting, which was not
recorded by video or audio. Mike Judge and Dee Dee Cavanaugh were in
attendance. Ms. Luevanos attended and accused them of violating the Brown Act.
 June 28, 2018 – City Council considered whether to support amicus curia brief in
opposition to SB 54.
 November 6, 2018 – Ms. Luevanos elected; first female Latina councilmember.
 November 6, 2018 – Keith L. Mashburn elected as Mayor.
 February 11, 2019 – Elaine Litster appointed to City Council.
 May 29, 2019 - City Manager Gabler emails staff to request they inform him of
any direct contact by any member of the City Council
 June 17, 2019 – City Council Meeting where Ms. Cavanaugh stated
Ms. Luevanos’ “accent was thick.”
 July 13, 2019 – Ms. Luevanos posted video on Facebook regarding ICE Raids
from her office at City Hall.
 July 14, 2019 – Police Report GO# 2019-35298 filed by Ms. Luevanos at her
home regarding threats being made over social media.
 July 21, 2019 – Ms. Luevanos requests additional officers for the July 29 City
Council meeting because she is extremely concerned for her safety and that of
fellow Simi Valley residents.
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 July 22, 2019 – Chief Livingstone assures Ms. Luevanos that there will be extra
officers at the meeting.
 July 26, 2019 – City Council Closed Session meeting.
 July 29, 2019 – City Council meeting; many public speakers in support and
critical of Ms. Luevanos’ ICE video.
 August 1, 2019 – Chief Livingstone emails Ms. Luevanos that he is going to have
the Detective Bureau open a comprehensive investigation, place a camera at her
home, and provide her with a panic alarm.
 August 10, 2019 – Police Report GO #2019-40156 filed by Ms. Luevanos at Simi
Valley Police Department.
 August 12, 2019 – City Council Meeting re Mr. Judge calls Ms. Luevanos a
“liar” and requests censure vote.
 August 16, 2019 – Chief Livingstone emails Richard Morton from Criminal
Intelligence of Simi Valley Police Department and asks him to open a threat
assessment into the Facebook posts; Morton responds and said he has already
been doing so but will continue to monitor the situation.
 August 26, 2019 – City Council Meeting re Censure and Closed Session re
Councilmember Judge’s Alleged Threatening Conduct.
 September 9, 2019 – City Council meeting to reaffirm adherence to Code of

Conduct; vote was 4-1 (Ms. Luevanos voted no).
 October 12, 2019 – Simi Valley 50th Anniversary Event; Ms. Luevanos claims
there was a “Recall Ruth” booth blocking the entrance to her office.
 October 12, 2019 – Police Report GO #2019-52074 filed by Ms. Luevanos

regarding the 50th Anniversary Event.
 October 15, 2019 - Mayor Mashburn and Councilmember Judge issued Notice of
Administrative Investigation.
 October 16, 2019 – Ms. Luevanos attended League of California Cities 2019
Annual Conference.
 October 18, 2019 – The Acorn publishes article “Internal Strife Bubbles Up at
Simi Valley City Hall.
 October 24, 2019 - Mr. Judge provided Notice of Administrative Investigation.
Page 10
 December 16, 2019 – Detective Brian Murray completes his comprehensive
investigation (GO #2019-3000045).
V. SUMMARY OF CRITICAL ELEMENTS OF WITNESSES’ TESTIMONY,

ANALYSIS OF THEIR CREDIBILITY, AND FACTUAL FINDINGS
The Investigator’s analysis of the credibility of each witness is based on a number of tangible
and intangible factors, and consideration was given to direct and circumstantial evidence.
Factors the Investigator considered in determining credibility include, but are not necessarily
limited to: demeanor; the extent of a person’s ability to accurately perceive, to recollect, or to
communicate; the extent of a person’s opportunity to perceive any matter; the existence or
nonexistence of a bias, interest, or other motive; consistent or inconsistent statements; the
existence or nonexistence and corroboration of any fact provided by a person; or any admission.
(See, EEOC Enforcement Guidance: Vicarious Employer Responsibility for Unlawful
Harassment, No. 915.20, p. 10 (June 18, 1999).)
The Investigator has included in the summary of witnesses’ testimony only those portions of
their testimony that she considered in reaching her conclusions.6 The witnesses are listed in
alphabetical order by their last names.
A. Becerra, Glen
1. Background and Experience
Glen Becerra’s family has been in Simi Valley for nearly one hundred years. He
always had an interest in civic engagement, running for and being elected as
Student Body President at Moorpark College. He went on to UC Berkeley and
graduated with a bachelor’s degree. He was then appointed by Governor Wilson
to the California Student Aid Commission. He was accepted into the Executive
Fellowship Program for the State of California and then was hired to participate in
Governor Wilson’s reelection campaign. Then he was hired as a Deputy Director
for the Office of External Affairs and worked for Assembly Leader. He came
back to Simi Valley and worked for Southern California Edison for 18 years in
their Government Affairs unit.
Mr. Becerra was elected to the Simi Valley City Council in November of 1998.
He retired in December of 2018. He was the longest serving Councilmember in
Simi Valley’s history, was the youngest person ever elected to Council, and was
the first minority ever elected to Council. Mr. Becerra currently works for L.A.
Metro in downtown Los Angeles.
6
Although the witnesses were not placed under oath, the Investigator uses the terms “testify” and “testimony” to
reference the information provided to her by witnesses when she interviewed them.
Page 11
2. Relationship with Ms. Luevanos
Mr. Becerra did not know Ms. Luevanos before she ran for office. He became
acquainted with her when she was running, but did not help in her campaign.
Mr. Becerra was actually supporting Fred Thomas, who was the only
endorsement he gave at any level that year.
After Ms. Luevanos was elected, Mr. Becerra reached out to her, because he felt
he had a duty to help whoever was coming in to learn about the City, the process,
the decorum, whatever he could share. She was open to his outreach. There had
been a lot of contentious and divisive issues raised through the election.
Mr. Becerra had never felt any discrimination living in Simi Valley. After the last
election, he started to feel and see some of that; not personally directed at him, but
just kind of a tone in the City that he had not seen before, mostly related to the
immigration issue.
Mr. Becerra and Ms. Luevanos do not share a lot of political beliefs in common,
but he supported her right to be Mayor Pro-Tem. He questions why she wasn’t
given her chance to serve at this position.
Mr. Becerra had a stern conversation with Ms. Luevanos about how she should
not have filmed her video in her City office. They had a respectful dialog about
it.
3. Perceptions of Ms. Luevanos Concerns about Treatment by Council
Ms. Luevanos shared some general concerns with Mr. Becerra, but did not go into
a lot of specifics. Ms. Luevanos complained to him that whenever she asked for
documents or research, she was not getting any of it. Mr. Becerra suggested she
make the request for information on the dais in front of all of the councilmembers
so it would be on the record. Regarding Ms. Luevanos’ comments about
Councilman Judge, Mr. Becerra said he told her that they didn’t have to like each
other to get along and have a working relationship. Mr. Becerra never heard
Councilman Judge make derogatory comments about Latinos or women.
Ms. Luevanos told Mr. Becerra that she had concerns about her physical safety
for her and her family, but never called out anyone specifically. Mr. Becerra said
he feels that Ms. Luevanos is being treated very differently than he was treated.
She is a Democrat and a union activist, so she is very different from what Simi
Valley is used to seeing.
Mr. Becerra has never heard Mayor Mashburn make any anti-immigrant
comments or any statements that would concern him that he’d be prejudiced
against Ms. Luevanos because she’s Latina. However, there was a letter written
about a comment he made at some point, but Mr. Becerra never had that sort of
experience with Mayor Mashburn.
Page 12
Mr. Becerra has never heard Councilwoman Cavanaugh make any statements
against Latinos or women. He has never heard anything remotely negative from
Councilwoman Cavanaugh.
Mr. Becerra never was on the Council with Councilwoman Litster.
B. Caceres, David
Mr. Caceres started his employment with the City of Simi Valley on August 23,
2010 as a Deputy City Attorney. He has served as an Assistant City Attorney
since approximately 2012 or 2013.
2. Closed Session – “lynch” Matter
Mr. Caceres sits in on Closed Sessions from time to time; the City Attorney
makes the determination of when he needs to attend. He does not recall ever
being in a closed session where the name of a witness or claim by the name of
“Lynch” was discussed. He does not recall hearing Mayor Mashburn make any
comments relating to the name Lynch.
3. Observation of Mr. Judge’s Conduct in Closed Session
Mr. Caceres has never seen Councilman Judge act in any way that was physically
intimidating towards Councilwoman Luevanos. Mr. Caceres never saw
Councilman Judge lean over a table and speak in a very stern manner to
Ms. Luevanos.
C. Cavanaugh, Dee Dee
1. Background and Experience and Relationship
Ms. Cavanaugh has lived in Simi Valley since 1969. She is a Senior Vice
President for a community bank. Over the years, she has volunteered with the
Boys & Girls Club, City Valley Girls’ Softball, and the Samaritan Center.
In March 2010, she was appointed to sit on the Rancho Simi Recreation Park
District. She served on the Park District Board until 2016. One of her friends and
a longstanding Councilmember, Steve Sojka, was not going to rerun, and
Ms. Cavanaugh decided to run and was elected.
Before Ms. Luevanos was elected, Ms. Cavanaugh had not known her. She did
have an interaction with her at Mayor Huber’s Town Hall meeting in June of 2018
where Ms. Luevanos accused them of violating the Brown Act. After the Town
Hall meeting, Ms. Luevanos came up to Ms. Cavanaugh and asked her who she
was. She was very friendly and they had a pleasant exchange.
Page 13
After Ms. Luevanos’ video was posted, Ms. Cavanaugh never had any discussion
with her about it. She did remember making a comment in the hall about the flag
in Ms. Luevanos’ office and how she personally did not see anything wrong with
it.
2. Accent Comment
In the hallway after the City Council meeting, Ms. Cavanaugh admitted she told
Ms. Luevanos that it had taken her a while to figure out what she was saying
when pronouncing Tierra Rejada. Ms. Luevanos apologized; and Ms. Cavanaugh
said there was no need to apologize, she just wanted her to know. Ms. Cavanaugh
said she has grown up around here and has heard lots of accents, but that
Ms. Luevanos had a very, very heavy accent on that particular street name.
Ms. Cavanaugh said she did not state to Ms. Luevanos that her accent was thick,
but just that it had taken her a while to figure out what she was saying. It was just
a coworker-to-coworker type thing; she had no idea it would be offensive to
Ms. Luevanos.
3. “You’re So Stubborn” Comment
On September 9, 2019, there was a City Council meeting to reaffirm the City
Councilmembers’ commitment to the Code of Conduct. It was a 4 to 1 vote;
Ms. Luevanos voted against it. Ms. Cavanaugh said she told Ms. Luevanos she
was a stubborn woman. Ms. Luevanos kind of laughed and said, “That’s what my
husband says.” Ms. Cavanaugh did not think it was offensive. They were still on
the dais, but off the record. It was a comment between the two of them. It was
not nasty and had nothing to do with Ms. Luevanos’ Latina heritage.
Ms. Cavanaugh says she makes this statement to her family (she has four sisters)
quite often.
4. Observation of Mr. Judge’s Conduct in Closed Session
Ms. Cavanaugh does not have any recollection of Councilman Judge leaning
across the table and speaking sternly to Ms. Luevanos during a closed session.
Ms. Cavanaugh did not believe Councilman Judge made a threatening comment.
She recalls that Councilman Judge was stating his opinion because it offended
him. She did not feel threatened whatsoever and she was sitting right next to
Ms. Luevanos. After the interaction, Ms. Cavanaugh believes Ms. Luevanos
asked Ms. Cavanaugh why Mr. Judge does not like her or something along those
lines. Ms. Luevanos never told her she felt that interaction with Councilman
Judge made her feel like she was threatened, or that she believed Councilman
Judge felt comfortable to engage her in that way because it was only the three
councilwomen who were there. She also has no recollection of Ms. Luevanos
making any statement that she was taking her educator hat off and expressing
concern about Mr. Judge and whether something was going on at home with him.
Page 14
Ms. Cavanaugh has no recollection about the use of the word “lynch” in a closed
session. She has no recollection that Mayor Mashburn made any statements about
“lynch” being a funny name.
D. Eldridge, Lonnie
Mr. Eldridge started as the City Attorney for Simi Valley on June 10, 2014. Prior
to that, he was at the L.A. Department of Water and Power for a few years.
Before that, he was part of the City Attorney’s Office of Los Angeles as the
General Counsel for the Controller’s Office. Before that, he did civil financial
work and criminal deputy tasks in the San Diego City Attorney’s Office. Before
that, he was in-house counsel to a dot-com in Silicon Valley during the boom of
2000-2002. Prior to that, he was at Latham & Watkins in San Diego for two years
out of law school at UCLA.
Mr. Eldridge has scheduled meetings every week with Ms. Luevanos.
2. Research for “lynch” in Closed Session Discussions
Mr. Eldridge does not recall the name Lynch as a complaining party or a claimant.
He does not recall the name coming up or any jokes made by Mayor Mashburn
about the name. The Investigator asked Mr. Eldridge to search his files for any
reference to the word “lynch.” Mr. Eldridge found that there was no party,
claimant or witness with the name “Lynch.” However, on September 9, 2019, in
closed session, a worker’s compensation matter was on the agenda wherein a
review of the file reveals that the claimant suffered from “Lynch Syndrome,” a
type of inherited colon cancer. Mr. Eldridge did not recall any discussion of the
syndrome during closed session, however, there was a confidential memorandum
provided to the staff with a history of the claim, the diagnosis and a staff
recommendation.
3. Observations of Mr. Judge in Closed Session
Mr. Eldridge has never personally observed Councilman Judge lean across the
conference room table and make an angry statement towards Ms. Luevanos. She
has mentioned that she does not like the fact that Councilman Judge carries a gun.
Mr. Eldridge listened and said that the he can look at whether the Council can
make policies regarding weapons, but she did not ask him to do so. He did tell
her that she should consider reporting it to HR as it sounded more like an HR
complaint at a certain point.
Page 15
E. Gabler, Brian
Mr. Gabler was hired on June 2, 1986 in general services and administration. He
worked there for a little over a year and then applied to the City Manager’s office
and has been there since 1987. In April of 2019, he became Interim City Manager
(“ICM”) when Eric Levitt left. Prior to becoming the ICM, Mr. Gabler held four
other positions. Immediately prior, he was the Director of Economic
Development and Assistant City Manager from January 1999 to April 2019. He
was also the Acting City Manager from March 2013 to May 2013 before Eric
Levitt was appointed.
2. Relationship with Ms. Luevanos
Before Ms. Luevanos was elected, Mr. Gabler did not personally know her, but
had seen her publicly speak at City Council meetings. He had no interaction with
her, and did not attend Mayor Huber’s Town Hall meeting in June of 2018.
When Ms. Luevanos was elected, Mr. Gabler did not have any role in providing
her with procedures, guidelines, or such. Once he became ICM, Ms. Luevanos
specifically requested weekly meetings with him, which he believes are very
amicable and offer a good sharing of information between them. Mr. Gabler does
not know what former City Manager Levitt’s practice was with regard to meeting
with her or the other council members.
3. Observations of Mr. Judge in Closed Session
Mr. Gabler has never observed Councilman Judge lean over the table toward
Ms. Luevanos. In one of the weekly meetings he had with her, Ms. Luevanos told
Mr. Gabler that she felt threated by Mr. Judge and asked if Mr. Gabler would stay
in the conference room if Mr. Judge was still there after closed sessions. He has
paid attention to her request, but has never had to stay there with her.
Mr. Gabler does not recall any lawsuit being discussed where one of the party’s
names was Lynch. He has no memory of Mayor Mashburn making a sarcastic
comment about the name.
F. Judge, Mike
1. Background and Experience and Relationship with Councilmember

Luevanos
Mr. Judge graduated from high school in Simi Valley and then enlisted in the U.S.
Army. He served in the Army for about 4 years and served 8 years in the
California Army National Guard. He worked as a real estate appraiser for
Page 16
Gibraltar Savings between his active military duty and his current job. He applied
and was accepted to the Los Angeles Police Department in 1990 and has been a
police officer ever since. He is currently a Training Officer for the Devonshire
area.
He first ran for Simi Valley City Council in 2008 and lost. He ran again in 2010
and won. He has been on the Council ever since, being reelected in 2014 and
2018.
Prior to Ms. Luevanos being elected, he knew her from coming to a lot of city
council meetings. She also came to Mayor Huber’s Town Hall meeting in June of
2018 where she accused Mayor Huber, Councilwoman Cavanaugh and Mr. Judge
of violating the Brown Act because Mr. Judge answered a question about what
time the City Council meeting started. Ms. Luevanos came into the Town Hall
and started ranting about the Sanctuary State bill. The Council had voted in
closed session and it was not on the agenda for the Town Hall. The D.A.
conducted an investigation and issued a warning.
2. Statements Made on Council Dais re Councilmember Luevanos’

Credibility
At one of the City Council meetings, a community member was making a public
statement about how ICE conducts raids in Simi Valley. Mayor Mashburn asked
for a date when that happened. Ms. Luevanos interrupted and said that she knew
for a fact that ICE has conducted raids at the Vallarta Market in Simi Valley and
they arrested 5 people. As a cop, Mr. Judge had never heard of ICE just grabbing
people at random at a supermarket, so he thought he would look into it.
Mr. Judge contacted the Vallarta Market and talked to a manger and she said it
had never happened to her knowledge and gave him the number to their corporate
security office in Pacoima. The security manager said that there has never been
an ICE raid at a Vallarta market. They do not hire illegal immigrants and have
never had anybody harassed by ICE in their stores.
At the next City Council meeting, during the part of the meeting where the
members can ask for agenda items, Mr. Judge requested that they discuss
Councilmember Luevanos’ behavior on the dais that the statement she made was
not factual. At that time, her story changed and she said she was told by a friend
of hers who is an attorney that 5 people were arrested in the vicinity of Vallarta by
ICE. Mr. Judge said, “Well, I find your statements to be untruthful, and I think
we need to talk about maybe censuring you for lying on the dais because that is
what you’ve done. And not only did you lie on our dais, you lied in a way that
could hurt a business in our city.”
Page 17
As a City Council, they have never had a legal mechanism for censure before.
They ended up reaffirming the code of ethics that the councilmembers all signed
when they became councilmembers. It passed 4-1, with Councilmember
Luevanos voting no.
3. Conduct in Closed Session Re Threatening Conduct and Statement
After one of the closed sessions had ended, Ms. Luevanos made a statement that
accused Mr. Judge of being unethical, and he said, “Are you accusing me of being
unethical?” He said he was not yelling, but he used his command presence voice
because she made him angry. He did take offense to her statement as he
perceived her as accusing him of being unethical. He said he was already standing
up when he made the statement, but does not recall leaning over the table.
Ms. Luevanos responded, “I’m not accusing you of being unethical. I’m saying it
could be seen as being unethical.” He does not remember her rolling back in her
chair. He was not threatening her. He does not recall what the issue was, but it
was an off-the-cuff statement she made. Mr. Judge carries his firearm with him
unless he is in the shower and has never threatened anyone who did not need to be
threatened and taken to jail. No woman councilmember has ever told him that his
communication style is aggressive or intimidating.
4. Contact with the Press Re Councilmember Luevanos’ Complaint
Councilman Judge was interviewed by the Ventura Star and the Simi Valley
Acorn and he is on record saying that Ms. Luevanos is unethical and lacks
integrity. He called her a liar because he cannot explain her behavior in any other
way. In his opinion, she should not be allowed to sit on any committees for the
City that have to report back because he feels the City cannot not trust what she
reports back. He was very transparent about his assessment of her credibility
based on the comments she made from the dais regarding ICE activity near the
Vallarta Market. It has nothing to do with her national origin or gender.
With respect to any statement to the press about her complaint, he did speak with
a reporter from the Acorn after he was told by the City Attorney that Ms.
Luevanos had filed a complaint against him and before he received the notice that
advised him it was a confidential investigation. Mr. Judge had also posted the fact
of Ms. Luevanos’ complaint against him on his Facebook page. Mr. Eldridge did
not provide him any details of the substance of the complaint. Mr. Judge had no
concern that his statement to the reporter or his posting would have any impact on
Ms. Luevanos’ safety as he does not believe her safety is at risk.
G. Litster, Elaine
Ms. Litster owns her own company with her husband called Safe Checks. She
also plays the harp professionally. She is Chairman of the Board of the American
Page 18
Heart Society and is very involved in non-profit organizations. She has a
Master’s degree from UCLA in Urban Planning and a Bachelor’s degree from
NYU in Economics. Four years ago, she ran for the School Board but didn’t
make it. However, it opened up doors to relationships and got her involved with
the City. She was appointed as City Councilwoman in February of 2019.
Ms. Litster did not have any previous interaction with Councilwoman Luevanos
prior to being on the Council.
2. Mr. Judge’s Conduct in Closed Session
Ms. Litster does not recall Councilman Judge responding to Councilwoman

Luevanos’ statement about recusal. Ms. Litster recalls Councilman Judge getting
blustery about some comment relating to a discussion about the selection of the
City Manager. She recalls this occurred after Mr. Judge had made his comments
about Ms. Luevanos lying about the raids at the Vallarta Markets and she
perceived he was voicing frustration. She recalled there was an explanation,
about what Ms. Luevanos meant and everyone was fine. Afterward, Ms. Litster
heard Ms. Luevanos say, “Did you see that, I just don’t feel safe.” She recalled
Ms. Luevanos did not like something Mr. Judge said or about Mr. Judge’s tone.
Ms. Cavanaugh was trying to calm the waters and said, something like, “Well, he
was just upset about something.” Ms. Litster did not feel that Ms. Luevanos’
comment about not feeling safe was appropriate based on what she had just
witnessed, but she did not want to minimize Ms. Luevanos’ feelings. Councilman
Judge sometimes speaks stronger, but she has not heard him speak in a raised
voice or yell. Ms. Litster never saw Councilman Judge lean over the conference
room table. She did not observe Ms. Luevanos roll back in her chair. Ms. Litster
did not feel threatened or intimidated by any of the interactions in closed session.
Ms. Litster did not hear Ms. Luevanos turn to Ms. Cavanaugh and state, “I want
to take my Councilwoman hat off and maybe put my educator hat on ask if Mr.
Judge was having problems at home.”
With respect to her observations about Mr. Judge, Ms. Litster also stated that his
persona is very reserved and that he stays to himself. He does not speak often, but
when he speaks, he definitely shares his opinion and he is not afraid to share his
opinion, even if no one else agrees with it. She has voted in a manner that she
knows he does not agree with, but she has not felt that he was mean or aggressive
with her. He may shut-off his communication with her, but she does not take it
personally as that is just who he is.
Ms. Litster also stated that what is interesting is that Mr. Judge and Ms. Luevanos
are at opposite ends of the political spectrum and neither of them is afraid to
express their opinions. She has never sensed aggression from Mr. Judge or had
any concern to worry about her safety with him.
Page 19
3. Statements to the Press about Ms. Luevanos’ Video
After Councilwoman Luevanos posted her video of Facebook, Ms. Litster was
surprised and said she was uncomfortable with some elements of it. She thought
it could be divisive. She watched it several times because she wanted to know
truly what her concerns were. Ms. Litster did not post anything on Facebook.
She did ask Councilwoman Luevanos about her welfare and told her she was
sorry about some of the negative things she was going through.
When the media reached out to Councilwoman Litster about the video, she
wanted to be very guarded with what she said. She prepared a written statement,
which she provided to the Simi Valley Acorn and also read aloud at a City
Council meeting.
4. “Lynch” Comments
Ms. Lister had no recollection whatsoever of any comment by Mayor Mashburn

regarding the name “Lynch.” After being shown the memo regarding the
employee diagnosed with “Lynch Syndrome,” Ms. Litster could not recall having
seen the memo, and it did not refresh any recollection about any statements by the
Mayor about the name “Lynch.” Ms. Litster has never heard Mayor Mashburn
make any racially insensitive comments and finds that he is very embracing to all
ethnicities. She is particularly sensitive to this issue as she has five adopted
children, two of whom are, and a son-in-law who is, of different ethnicities. She
has never felt concerned about any comments by the Mayor and has never felt a
need to approach him about being insensitive.
H. Livingstone, David
1. Background and Experience in Law Enforcement
Chief Livingstone started in Simi Valley as a Police Service Assistant and helping
as a Police Aide. He went to the Academy at 21 years of age and has been with
the Simi Valley Police Department for his entire 32-year career. He’s been a
Detective, a Training Officer, and was on the SWAT Team for 16 years. He has
been a sergeant, a lieutenant, a commander, and a deputy chief. He was appointed
as the Police Chief in March of 2017.
2. Ms. Luevanos Report of Mr. Judge’s Conduct?
Chief Livingstone said Councilman Judge and Councilwoman Luevanos are polar
opposites. He does not recall her specifically mentioning that she felt threatened
by Councilman Judge, but recalls that she said she doesn’t like that he carries a
gun. Chief Livingstone cannot tell him not to carry a gun since he is a police
officer. She has never come to Chief Livingstone to say that Councilman Judge
has done anything threatening to her.
Page 20
I. Luevanos, Ruth
Ms. Luevanos grew up in the San Fernando-Sylmar area. She is a full-time

teacher for Los Angeles Unified on top of being a Councilwoman. She has lived
in Simi Valley for over 18 years. She was elected in November of 2018. She is
the first Latina and first woman of color elected to the Simi Valley City Council.
Ms. Luevanos is very active in the community and had come to city council
meetings before she ran for office. After she was elected, she said her colleagues
were not very personable with her. She reached out to Councilwoman Cavanaugh
and asked to have a conversation. She said she definitely felt like an outsider.
Eric Levitt was the City Manager when she was sworn in and he wanted to help
her understand the process. He did not know that she had served on a number of
boards in the past. Eric did his best to welcome her right away and set up
meetings with the heads of all the departments, etc. Eric left in the spring of 2019
and Brian Gabler was appointed as the Interim City Manager. Ms. Luevanos did
not feel that Mr. Gabler was as accommodating as Eric Levitt. Ms. Luevanos did
set up weekly meetings with Mr. Gabler.
2. Councilman Judge’s Conduct in Closed Session
Ms. Luevanos said that after a closed session ended (she believes sometime in
August), the City Manager, City Attorney, and Mayor had left the room. The
only people left in the room were Councilmembers Judge, Cavanaugh, Litster and
Ms. Luevanos. There was a comment made about a Councilmember perhaps
having to recuse oneself from a hearing and there are a number of reasons for the
recusal. Ms. Luevanos stated that in response to her comment, Councilman Judge
got up out of his chair, leaned over the table towards Ms. Luevanos, which caused
her to literally roll back in her chair like, “Whoa.” Ms. Luevanos felt threatened
because he carries a gun. He was very angry and said, “What do you mean? Are
you calling me unethical?” Ms. Luevanos said that is not what she meant at all;
that she was merely stating that sometimes Councilmembers may need to recuse
themselves for ethical reasons. Ms. Luevanos claims that Councilman Judge just
glared at her and then walked away.
After this occurred, Ms. Luevanos stated that she turned to Councilwoman
Cavanaugh and said, “I’m going to take off my City Councilwoman hat and I’m
going to put on my teacher hat because I am a teacher. Is Mike having issues at
home?” Ms. Luevanos said that Councilwoman Cavanaugh said, “No, he’s
always this way.” That scared Ms. Luevanos even more to know that he’s that
volatile and aggressive.
The following week when Ms. Luevanos met with the City Manager and City
Attorney, she asked if they would not leave the room during closed session until
either she or Councilman Judge left the room.
Page 21
3. Mayor Mashburn’s Comment Regarding “Lynch”
Ms. Luevanos said there was a closed session in September of 2019 and a report
had been brought to them. One of the names in the report was “Lynch.” Mayor
Mashburn looked at the report and said, “Well, that is an unfortunate name.
That’s kind of funny, don’t you think, the word lynch, you know, like lynching.”
Ms. Luevanos was appalled because she had been threatened with lynching.
There is a history of lynching in this region, specifically of Mexicans and Chinese
being lynched. Ms. Luevanos looked at her colleagues expecting them to say
something, but no one reacted. The only person that Ms. Luevanos could imagine
that the comment would be aimed at was herself.
4. Councilwoman Cavanaugh’s Comments
There was a City Council meeting on June 17, 2019, regarding the landscape
maintenance by the City and the areas where it was the costliest. At the end of the
meeting, Councilwoman Cavanaugh turned to Ms. Luevanos and said she had
problems understanding Ms. Luevanos because her accent was so thick.
Ms. Luevanos said she was in shock that Councilwoman Cavanaugh had said that
to her and could not believe she had said that. Ms. Luevanos has been told that
she speaks fast, but has never been told that she was not understood because of
her accent. Ms. Luevanos never went back to Councilwoman Cavanaugh to tell
her how she felt about it because they didn’t have that kind of relationship and
Ms. Luevanos did not want to create more animosity towards herself.
Ms. Luevanos also testified that Ms. Cavanaugh made another comment she
found offensive at the September 9, 2019 Council meeting after the vote on the
Code of Ethics. After the vote, Councilwoman Cavanaugh turned to
Ms. Luevanos and said with a very mean face, “You’re so stubborn.”
Ms. Luevanos believes that this comment caused a hostile work environment
based on her national origin and/or her gender of being a Latina woman.
Ms. Luevanos has heard in conversations that, Mexicans like to talk a lot, and
Mexicans are so stubborn. So when Councilwoman Cavanaugh said “you’re so
stubborn”, she felt it was a stereotype of Latinos; you’re a stubborn people.
5. Comments to the Press
Ms. Luevanos testified that she believes Mayor Mashburn and Mr. Judge have
retaliated against her by making statements to The Acorn about her confidential
complaint. She recalls that after she spoke with Jennifer Gutierres, on a Friday,
the following Monday, September 23, 2019, at 4:08 p.m., she received a text from
Mike Harris from the Ventura County Star stating “hi Ruth. Mashburn called me
today and said you filed an HR complaint against him, other Council members,
and staff on Friday alleging some type of racial/protective class complaint. What
can you tell me about it?” She did not respond. Then on October 18 there was an
article in The Acorn where Mayor Mashburn and Mr. Judge were quoted and the
City Attorney and Councilmember Cavanaugh refused to comment. She believes
Page 22
that since the article, there have been public records act requests asking for a copy
of her complaint.
She believes that since the fact of her complaint was leaked out, her and her
family’s safety continues to be at risk. She believes that Mayor Mashburn and Mr.
Judge should have known that their public comments would cause an increase to
her public safety and that they intentionally made the statements to cause her
harm.
J. Mashburn, Keith
Mayor Mashburn became a Ventura County Firefighter in 1975 and rose up

through the ranks and retired in 2005 as a Battalion Chief in charge of Fire
Investigation. After he left the Fire Department, he went to work as an aide to
Supervisor Judy Michaels. He also had family businesses and served as a
Planning Commissioner for some time. He ultimately became a councilmember
in 2012. A year ago, Mayor Bob Huber moved up to Supervisor and he ran for
his seat as mayor and he won election in November of 2018.
Prior to Councilwoman Luevanos’ election, Mayor Mashburn knew who she was
as she had attended some council meetings and at one in particular, directed
comments to him regarding Senate Bill 54. After her election, he felt that their
working relationship was good.
2. Use of the word “Lynch”
Mayor Mashburn does not recall any closed sessions where one of the parties or a
claimant was the name Lynch. He denies making any statement in closed session
with respect to something like, “Lynch, that’s such an interesting name.”
After reviewing the memo referencing an employee having been diagnosed with
“Lynch Syndrome,” Mayor Mashburn’s recollection was not refreshed about
hearing or making any comment related to the name “Lynch.” Mayor Mashburn
has never heard of the syndrome. Mayor Mashburn did not recall reading the
memo and stated that he does not typically review the workers’ compensation
memos and relies on the City Attorney to provide an overview and
recommendation. Mayor Mashburn denied making any comment about the name
Lynch and does not recall any other Councilmember commenting on it.
3. Disclosure of Complaint to Local Media
Mayor Mashburn recalled being informed there was a complaint on a Sunday

evening by the City Attorney. Because he seeks to be transparent, he asked the
City Attorney if he could share the information with others. The City Attorney
seemed a bit uncomfortable answering that question, but did advise him that he
could tell his confidantes or that the fact of the investigation was confidential.
Page 23
Later, Mayor Mashburn was contacted by the media regarding this investigation.
He did confirm that there was an investigation, but he did not know the substance
of the allegations. Mayor Mashburn did not have any concern that his comment
to the press might impact Councilwoman Luevanos’ safety. To the contrary, he
was concerned that Ms. Luevanos was making allegations against him that he was
a racist and, therefore, was worried about himself and his family. Mr. Mashburn
stated that once those types of allegations are made, it is difficult to “unring the
bell” and hence his family might be in danger. At the time he spoke with the
press, he was not aware that he was not to speak about her complaint.
VI. ANALYSIS AND FACTUAL FINDINGS
Based on the interviews, review of documents and viewing of council meetings, The Investigator
has made the following findings:
A. Allegations Against Councilmember Judge:
1. Statements at Council Meetings
Based on the review of the videos of City Council meetings, and the interview with Mr. Judge, it
is clear that he does not find Ms. Luevanos to be a credible person. Mr. Judge’s comments at the
August 12, 2019 City Council Meeting confirm that he did accuse Ms. Luevanos of lacking
integrity and making statements that were lies:
“Mr. Mayor, if we could, and you can blame this on me being a cop, I don’t care
what, but I can’t sit by with the lack of integrity that’s been shown on this dais by
one of our councilmembers. I think we have to bring forward a discussion about
censure for Councilmember Luevanos—I’m not going to say anything else except
for the comments about the lies that were perpetuated from the dais about
Vallarta. The one we heard tonight about she has a secret friend that knows
something about it. And it never happened. I spoke to a person at their corporate
office [who] stated it never happened. Unless you give me a good excuse why a
corporate officer, of a corporation that does business in our town, would lie to me
about having raids conducted on their property, I think we need to talk about your
[Ms. Luevanos’] censure.” (emphasis added)
Mr. Judge also did make a statement at the August 12, 2019 City Council meeting that Ms.
Luevanos had brought about the death threats to herself. After Ms. Luevanos stated “I’ve sat
through two council meetings already. Not to mention the fact that I have surveillance at my
house 24/7 because of continued death threats. So if you want to continue down this path — I
will…” Mr. Judge interrupted and stated: “Again, those are things you brought upon yourself.”
The issue for the Investigator, therefore, is whether Mr. Judge was motivated to make these
statements based on Ms. Luevanos’ gender and/or race or because she is a Latina woman. The
Investigator finds that Mr. Judge’s comments were not motivated by her gender and/or race.
Page 24
Mr. Judge provided the Investigator with direct responses to her questions and reflected a stern
demeanor, consistent with his professional job as a police officer. The Investigator found Mr.
Judge to be forthright in his frustration and disdain for Ms. Luevanos, as he perceives her to not
be a truthful person based on his own investigation regarding the alleged ICE raids at the
Vallarta market. Given that Ms. Luevanos has not provided specific details about the ICE raids
and that no other individual has corroborated them, it is understandable that Mr. Judge,
especially as a law enforcement officer, finds it offensive that such comments would be made in
a public setting. It is also understandable that Ms. Luevanos does not want to reveal the source
of her information due to her understanding that the individuals who provided her the
information are fearful of retaliation. However, Ms. Luevanos cannot reasonably expect that if
she makes these very strong accusations in public and is unwilling to provide the source of her
information, that others would find it easy to accuse her of misrepresenting information that
cannot be corroborated. Ms. Luevanos did inform the Investigator that she believed Mr. Judge
was motivated by anti-Latino sentiment because he had previously posted anti-Latino rhetoric in
prior campaigns. Despite requests, Ms. Luevanos did not provide any link or copies of such
materials. The Investigator also conducted a social media search for such materials and could
not locate any. Therefore, the Investigator concludes that Mr. Judge did make statements that
Ms. Luevanos lacks integrity and that her comments about the Vallarta Market ICE raids were a
lie, but his statements were not motivated by her race and/or gender.
The Investigator also finds that Mr. Judge did make the statement to Ms. Luevanos at the August
12, 2019 City Council meeting that she had brought upon the death threats upon herself. For the
reasons stated above, the Investigator also finds that Mr. Judge’s comments — while cavalier
and insensitive — were not motivated by Ms. Luevanos’ race and/or gender. Rather, they were
based on his personal opinion that because she lacks credibility, and that he does not believe Ms.
Luevanos’ claims that her safety is in danger.
2. Threatening Conduct at August 26, 2019 Closed Session Meeting
Ms. Luevanos has described a very specific interaction with Mr. Judge wherein she felt he
engaged in threatening and intimidating behavior. Specifically, she alleges that after a closed
session meeting in the Council conference room and after the City Manager, City Attorney and
the Mayor had left the room, there was a comment made about a Council member perhaps
having to recuse oneself from a hearing and there are a number of reasons for the recusal.
Ms. Luevanos stated that in response to her comment, Councilman Judge got up out of his chair,
leaned over the table towards Ms. Luevanos, which caused her to literally roll back in her chair
like, “Whoa.” Ms. Luevanos felt threatened because he carries a gun. He was very angry and
said, “What do you mean? Are you calling me unethical?” Ms. Luevanos said that is not what
she meant at all; that she was merely stating that sometimes Councilmembers may need to recuse
themselves for ethical reasons. Ms. Luevanos claims that Councilman Judge just glared at her
and then walked away.
After this occurred, Ms. Luevanos stated that she turned to Councilwoman Cavanaugh and said,
“I’m going to take off my City Councilwoman hat and I’m going to put on my teacher hat
because I am a teacher. Is Mike having issues at home?” Ms. Luevanos said that Councilwoman
Cavanaugh said, “No, he’s always this way.” That scared Ms. Luevanos even more to know that
he’s that volatile and aggressive. The following week when Ms. Luevanos met with the City
Page 25
Manager and City Attorney, she asked if they would not leave the room during closed session
until either she or Councilman Judge left the room.
Based on the interviews with Councilwomen Cavanaugh and Litster, the Investigator finds that
there was an interaction where Mr. Judge expressed his opinion in a strong tone, but that it was
not threatening or intimidating in nature. Both Ms. Cavanaugh and Ms. Litster have testified that
they have no recollection of Ms. Luevanos rolling back in her chair or Mr. Judge leaning across
the table. Neither recalls Ms. Luevanos making a statement that she was going to “take off her
Councilmember hat” and asked if something was going on with Mr. Judge’s personal life. The
Investigator placed significant weight on Ms. Litster’s testimony as Ms. Litster is not a subject in
this investigation and because she has no long-standing relationship with Mr. Judge and hence no
motive to fabricate. Further, the Investigator also observed Mr. Judge’s demeanor and found
him to speak in a stern tone, which could be perceived as command presence from a police
officer. Therefore, the Investigator finds that Mr. Judge did use a stern tone of voice to respond
to Ms. Luevanos’ comment about the potential for unethical behavior because he was angry at
her accusation, but it was a tone that he would normally use. The Investigator specifically
credits Ms. Litster’s statements that she has not found Mr. Judge to be aggressive or intimidating
to her, even though they have voted differently on issues.
The Investigator does find that Ms. Luevanos did ask the City Manager to not leave her alone
with Mr. Judge. Therefore, Ms. Luevanos did subjectively believe that Mr. Judge’s conduct
made her feel threatened. However, the Investigator finds that Ms. Luevanos did not accurately
perceive Mr. Judge’s conduct as Councilmembers Cavanaugh and Litster testimony reveals that
Mr. Judge expressed himself in the manner he usually uses. It is understandable that given Mr.
Judge’s vocal and strong opinions about her would cause Ms. Luevanos to perceive his
interactions in a negative manner.
The Investigator also finds that Mr. Judge’s conduct was not motivated by Ms. Luevanos’ race
and/or gender as she credits his explanation for his stern response as he believed she was
accusing him of being unethical. Moreover, Councilmembers Cavanaugh and Litster have not
found him to be aggressive or intimidating in his communications with them.
3. Communication to the Local Press
On October 18, 2019, The Acorn published an article titled “Internal Strife Bubbles Up at Simi
Valley City Hall.” The article quoted Mayor Mashburn and stated that Mr. Judge had confirmed
via a text message on October 8, 2019 that “There’s a complaint, I do not know what the
complaint is about….I just found out.”
During his interview, Mr. Judge confirmed to the Investigator that he had sent the text that was
referenced in the paper. Mr. Judge explained that at the time he communicated with the reporter,
he had not received any order to not confirm the existence of the investigation. The records
show that Mr. Judge was formally advised of the investigation via a written notice dated October
15, 2019. The Notice “asked” him to not discuss the investigation with “anyone other than the
investigator, and/or a representative or outside legal counsel and do not attempt to influence any
witness.” Mr. Judge testified that after receipt of the notice, he has not spoken with anyone
about the investigation, besides the investigator.
Page 26
Ms. Luevanos has expressed concern that Mayor Mashburn and Mr. Judge’s comments allowed
for the newspaper article to be published and hence continued to create a public safety concern
for her. Mr. Judge had no concern that his statement to the reporter or his posting would have
any impact on Ms. Luevanos’ safety as he does not believe her safety is at risk. The Investigator
credits Mr. Judge’s explanation for his text to the newspaper as he was not requested until
October 15, 2019, to maintain confidentiality and his text factually confirmed the existence of a
complaint. Moreover, while not sensitive, the Investigator also credits Mr. Judge’s statement
that he did not consider the impact of his confirmation on Ms. Luevanos’ public safety as he has
credibly testified that he does not believe her allegations that her safety is at risk. Therefore,
since he did not believe her concerns were true, he could not have been motivated to make the
statement to the press to further cause her fear.
The Investigator notes that the existence of a complaint is by itself not a confidential matter as
the complainant and subjects are public officials. While it is regrettable that there was an article
in the local paper, a review of the entirety of the article reflects more quotes from retired
professor Herb Gooch and that the theme of the article is about how the current investigation
reflects our American democracy. Moreover, the quotes from Mayor Mashburn and Mr. Judge
confirming the existence of an investigation did not undermine the investigative process.
B. Allegations Against Mayor Keith Mashburn:
1. Make fun of the word “lynch” in a closed session meeting by making the
following statement: “Lynch, that’s kind of a funny word, don’t you
think?
Ms. Luevanos alleged that Mayor Mashburn made an insensitive comment during a closed
session in September of 2019 regarding the word “lynch.” She recalled that it was an item where
one of the names in the report was “Lynch” and that Mayor Mashburn looked at the report and
said, “Well, that is an unfortunate name. That’s kind of funny, don’t you think, the word lynch,
you know, like lynching.” Ms. Luevanos was appalled because she had been threatened with
lynching. There is a history of lynching in this region, specifically of Mexicans and Chinese
being lynched. Ms. Luevanos looked at her colleagues expecting them to say something, but no
one reacted. The only person that Ms. Luevanos could imagine that the comment would be
aimed at was herself.
Mayor Mashburn and other members of the Council did not recall any report where the
claimant’s name was “Lynch” or where the word “lynch” was discussed. Mayor Mashburn
denies making any statement in closed session with respect to something like, “Lynch, that’s
such an interesting name.” City Attorney Eldridge recently located a report that was provided to
the Council in closed session on September 9, 2019, wherein there was a reference to “Lynch
Syndrome.” Mayor Mashburn stated that the memorandum did not refresh his recollection of the
name “Lynch” being mentioned and denied making any such statements related to the name
“Lynch.” He does not recall reading the memo and had no idea there was a cancer diagnosis of
“Lynch Syndrome.”
Page 27
The Investigator credits Mayor Mashburn’s denial of this statement. Mayor Mashburn presented
credibly during his interview by answering questions directly and openly and making an effort to
assist the Investigator. For example, Mayor Mashburn stated that when asked about comments
related to the name “Lynch,” Mayor Mashburn informed the Investigator that he had a friend
with that last name, but he had not commented on it. Additionally, the Investigator credits Ms.
Litster’s statements that she has never heard Mayor Mashburn make any racially insensitive
comments, including no recall of any statements regarding the name “Lynch,” Ms. Litster stated
that she is very sensitive to racially insensitive comments given the racial composition of her
family. Ms. Litster has no motive to fabricate, and her relationships with Mayor Mashburn and
Ms. Luevanos are professional and of the same length. Finally, while the Investigator found Ms.
Luevanos sincere in her complaints, given the lack of corroboration for this allegation, the
Investigator does not sustain it.
2. Communicate With the Local Press About Councilmember Luevanos’

Complaint in Violation of the Obligation to Keep Investigation
Confidential?
On October 18, 2019, The Acorn published an article titled “Internal Strife Bubbles Up at Simi
Valley City Hall.” The article stated that Mayor Mashburn had confirmed that the City Attorney
had called him the week before and informed him that a grievance had been filed against him
and others, but that he did not know what the complaint was about. However, Mayor Mashburn
was quoted as saying, “I knew when I got off the phone (with Eldridge) that it was Ruth
(Luevanos).”
During his interview, Mayor Mashburn confirmed that he had spoken with the reporter and made
the statement that was attributed to him. Mayor Mashburn explained that because he seeks to be
transparent, he asked the City Attorney if he could share the information with others who advised
him that he could tell his confidantes. Mayor Mashburn did not have any concern that his
comment to the press might impact Councilwoman Luevanos’ safety. To the contrary, he was
concerned that Ms. Luevanos was making allegations against him that he was a racist and,
therefore, was worried about himself and his family. Mr. Mashburn stated that once those types
of allegations are made, it is difficult to “unring the bell” and hence his family might be in
danger. At the time he spoke with the press, he was not aware that he was not to speak about her
complaint.
The Investigator credits Mayor Mashburn’s explanation for his statement to the newspaper as he
was not requested until October 15, 2019, to maintain confidentiality and his text factually
confirmed the existence of a complaint. Moreover, the Investigator credits Mayor Mashburn’s
explanation that he felt his statement was appropriate because he was concerned that an
allegation that he is racist would cause harm to his family’s safety as this type of accusation
cannot be “unrung” and cause a reaction by others. The Investigator credited his explanation
because there has been no evidence presented that Mayor Mashburn wished to cause Ms.
Luevanos any harm, and because his explanation makes common sense. Mayor Mashburn is a
public official and seeks to be transparent and understandably wants to protect his reputation.
Page 28
The Investigator notes that the existence of a complaint is by itself not a confidential matter as
the complainant and subjects are public officials. While it is regrettable that there was an article
in the local paper, a review of the entirety of the article reflects more quotes from retired
professor Herb Gooch and that the theme of the article is about how the current investigation
reflects our American democracy. Moreover, the quotes from Mayor Mashburn and Mr. Judge
confirming the existence of an investigation did not undermine the investigative process.
C. Allegations Against Councilmember Cavanaugh:
1. Comment About Ms. Luevanos’ Accent
Ms. Luevanos alleges that Ms. Cavanaugh has made two comments that she believes were
directed at her because she is a Latina woman. The first comment was at the June 17, 2019 City
Council meeting regarding the landscape maintenance by the City and the areas where it was the
costliest. At the end of the meeting, Councilwoman Cavanaugh turned to Ms. Luevanos and said
she had problems understanding Ms. Luevanos because her accent was so thick. Ms. Luevanos
said she was in shock by the comment as she had never been told she could not be understood
because of her accent. Ms. Luevanos testified that she never went back to Councilwoman
Cavanaugh to inform her about how she felt about the comment because they did not have that
kind of relationship and Ms. Luevanos did not want to create more animosity towards herself.
Ms. Cavanaugh does recall a conversation she had with Ms. Luevanos regarding Ms. Luevanos’
pronunciation of street names. Ms. Cavanaugh recalls that the conversation occurred in the
hallway after the City Council meeting. Ms. Cavanaugh admitted she told Ms. Luevanos that it
had taken her a while to figure out what Ms. Luevanos was saying when pronouncing Tierra
Rejada. Ms. Luevanos apologized to her; and Ms. Cavanaugh said there was no need to
apologize as she just wanted her to know. Ms. Cavanaugh also told Ms. Luevanos that she had
grown up in Simi Valley and had heard lots of accents, but that Ms. Luevanos had a very, very
heavy accent on that particular street name. Ms. Cavanaugh stated that she did not state to
Ms. Luevanos that her accent was thick, but just that it had taken her a while to figure out what
she was saying. Ms. Cavanaugh believed the conversation was just a coworker-to-coworker
conversation and she had no idea it would be offensive to Ms. Luevanos.
Based on these interviews, the Investigator finds that Ms. Luevanos and Ms. Cavanaugh did have
a conversation in June 17, 2019 regarding Ms. Luevanos’ accent in pronouncing City streets.
The Investigator reviewed the June 19, 2019 City Council meeting video and it does reflect that
Ms. Luevanos pronounced the City street names with their proper Spanish pronunciation. The
Investigator credits Ms. Cavanaugh’s explanation that she made the statement to Ms. Luevanos
because she did not at first understand the name of the street to which she was referring. This is
understandable when an individual is used to hearing a Spanish name pronounced in an
anglicized manner and then hears it pronounced in its proper Spanish. The Investigator is
particularly sensitive to this issue given her first name, “Irma.” When her name is pronounced in
its proper Spanish manner, many people do not understand it and request it be repeated or react
with a look of consternation about how to properly pronounce the name. The lack of
understanding, however, does not reflect racial prejudice. Especially here, where Councilman
Becerra — the first Latino on the Council — expressed that he had never had any interaction
with Ms. Cavanaugh where he found her to be insensitive to race issues or discriminatory on the
Page 29
basis of race. The Investigator also credits Ms. Cavanaugh’s statement that she did not believe
her comment was offensive as Ms. Luevanos admitted she did not raise a concern with her about
the comment at any time. Therefore, the Investigator sustains that Ms. Cavanaugh made a
statement about Ms. Luevanos’ accent in pronouncing street names, but it was not motivated by
racial bias against Ms. Luevanos based on the context of the statement and the lack of any prior
racially insensitive conduct by Ms. Cavanaugh.
2. Comment That Ms. Luevanos is “So Stubborn.”
Ms. Luevanos also testified that Ms. Cavanaugh made another comment she found offensive at
the September 9, 2019 Council meeting after the vote on the Code of Ethics. After the vote, Ms.
Luevanos alleges that Ms. Cavanaugh turned to Ms. Luevanos and said with a very mean face,
“You’re so stubborn.” Ms. Luevanos believes that this comment caused a hostile work
environment based on her national origin and/or her gender of being a Latina woman because
she believes it is a negative stereotype that, Mexicans talk a lot, and Mexicans are so stubborn.
So when Councilwoman Cavanaugh said “you’re so stubborn”, she felt it was a stereotype of
Latinos; you’re a stubborn people.
Ms. Cavanaugh testified that she did make a statement to Ms. Luevanos that she was a stubborn
woman after the vote on affirming the Code of Conduct. They were still on the dais, but off the
record when she made the statement. Ms. Luevanos kind of laughed and said, “That’s what my
husband says.” Ms. Cavanaugh did not think her comment was offensive. It was a comment
between the two of them and she did not say it in a nasty tone and it had nothing to do with
Ms. Luevanos’ Latina heritage. Ms. Cavanaugh stated that she makes this statement to her
family (she has four sisters) quite often.
The Investigator credits Ms. Cavanaugh’s version of events and explanation. During her
interview, Ms. Cavanaugh was straightforward in her responses and admitted to making certain
statements and observations. Ms. Cavanaugh did not present as someone who bore a grudge
against Ms. Luevanos and her statements were logical. Here, she admitted to calling Ms.
Luevanos a “stubborn woman” after a contentious debate about a possible censure of Ms.
Luevanos. This is understandable in light of the fact that the ultimate vote was about affirming a
commitment to the Code of Conduct. The Investigator also notes that Ms. Luevanos presents as
a strong person with strong convictions. During the September 9, 2019 Council meeting, Ms.
Luevanos was poised and a strong advocate for herself and her position. Therefore, after
viewing the video and hearing Ms. Cavanaugh’s explanation for the comment, the Investigator
finds that Ms. Cavanaugh did not make the statement as a stereotype. Rather, the statement was
one of respect for the strength of Ms. Luevanos’ convictions and unwillingness to compromise.
Further, as stated above, in light of Mr. Becerra’s experience with Ms. Cavanaugh, there is no
corroborating evidence that Ms. Cavanaugh harbored racial prejudice against Ms. Luevanos.
Page 30
VII. CONCLUSION
The Investigator thanks the City of Simi Valley and the Simi Valley Police Department for their
assistance and cooperation in this matter.
Respectfully submitted,
__________________________
Irma Rodríguez Moisa
Page 31

Report On Simi Valley City Council HR Complaint 05.05.2020

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CONFIDENTIAL INVESTIGATIVE REPORT

REGARDING COMPLAINT MADE BY RUTH LUEVANOS

Dated: May 5, 2020

A. Background regarding Complaints and Investigation..............................................1

B. Ms. Luevanos’ Complaints That Are the Subject of This Investigation..................1

1. Did Councilmember Michael Judge: ...........................................................1

a. Call Ms. Luevanos a liar from the dais? ..........................................1

b. State that Ms. Luevanos was getting what she deserved

c. Make a threatening gesture and statement at the August 26,

d. Communicate with the local press about Councilmember

2. Did Mayor Keith Mashburn: ........................................................................1

a. Make fun of the word “lynch” in a closed session meeting

b. Communicate with the local press about Councilmember

3. Did Councilmember Dee Dee Cavanaugh: ..................................................2

a. Make a statement to Councilmember Luevanos at a June

b. Make the statement “You’re so stubborn” to

II. INVESTIGATIVE PROCESS .............................................................................................2

A. Documents Reviewed ..............................................................................................2

B. Witnesses Interviewed .............................................................................................2

C. The Standard of Proof for this Investigation............................................................3

III. RELEVANT BACKGROUND INFORMATION ..............................................................3

B. Video Regarding ICE Raids and Response .............................................................4

C. Ms. Luevanos’ Comments Regarding ICE Raids at The Vallarta Market

D. September 9, 2019 Council Meeting re Censure .....................................................6

E. Relevant Policies ......................................................................................................7

2. Respect for Process ......................................................................................7

3. Conduct of Public Meetings.........................................................................7

6. Policy Role of Members ..............................................................................8

7. Positive Work Place Environment ...............................................................8

9. Compliance and Enforcement ......................................................................9

IV. CHRONOLOGY OF EVENTS ...........................................................................................9

V. SUMMARY OF CRITICAL ELEMENTS OF WITNESSES’ TESTIMONY,

A. Becerra, Glen .........................................................................................................11

1. Background and Experience ......................................................................11

2. Relationship with Ms. Luevanos................................................................12

3. Perceptions of Ms. Luevanos Concerns about Treatment by

B. Caceres, David .......................................................................................................13

1. Background and Experience ......................................................................13

2. Closed Session – “lynch” Matter ...............................................................13

3. Observation of Mr. Judge’s Conduct in Closed Session............................13

C. Cavanaugh, Dee Dee ..............................................................................................13

1. Background and Experience and Relationship ..........................................13

2. Accent Comment .......................................................................................14

3. “You’re So Stubborn” Comment ...............................................................14

4. Observation of Mr. Judge’s Conduct in Closed Session............................14

5. Closed Session – “lynch” Matter ...............................................................15

D. Eldridge, Lonnie ....................................................................................................15

1. Background and Experience ......................................................................15

2. Research for “lynch” in Closed Session Discussions ................................15

3. Observations of Mr. Judge in Closed Session ...........................................15

E. Gabler, Brian ..........................................................................................................16

1. Background and Experience ......................................................................16

2. Relationship with Ms. Luevanos................................................................16

3. Observations of Mr. Judge in Closed Session ...........................................16

4. Closed Session – “lynch” Matter ...............................................................16

F. Judge, Mike ............................................................................................................16

1. Background and Experience and Relationship with

2. Statements Made on Council Dais re Councilmember Luevanos’

3. Conduct in Closed Session Re Threatening Conduct and Statement ........18

4. Contact with the Press Re Councilmember Luevanos’ Complaint ............18

G. Litster, Elaine .........................................................................................................18

1. Background and Experience ......................................................................18

2. Mr. Judge’s Conduct in Closed Session ....................................................19