STAFF REPORT
Date: March 17, 2026
To: Honorable Mayor/Chair and City Council/Agency Members
From: City Attorney’s Office
Subject: A Public Hearing to Consider Resolution No. 26-04 Censuring Councilmember Martin Fuentes
RECOMMENDATION
It is recommended that the City Council of the City of Cudahy:
1. Open a public hearing;
2. Receive public testimony on Resolution No. 26-04; and
3. Consider adopting Resolution No. 26-04, provide alternative direction, or take no action.
BACKGROUND
Following a concern relayed to the City of Cudahy (“City”) regarding Councilmember Martin Fuentes, the City took prompt and remedial action by retaining an independent investigator to conduct a confidential investigation. After interviewing witnesses and Councilmember Fuentes, and after reviewing evidence provided, the investigator determined there was sufficient evidence to sustain two of three allegations regarding Councilmember Fuentes. The investigator detailed their analysis and findings in a written report, which remains attorneyclient privileged.
After discussing the report findings and sustained allegations in closed session, with Councilmember Fuentes not participating, the City Council determined that Councilmember Fuentes’ actions amounted to violations of the City Code of Ethics and Conduct and the City’s Personnel Rules and Regulations. The City Council then directed the City Attorney Office to draft and present this Resolution to consider Censure and potential sanctions against Councilmember Fuentes for violations of City policies and related misconduct. Item Number 13A
ANALYSIS
The City Council is reminded that the investigation report remains attorney-client privileged, which can only be waived by a City Council majority vote. No details, including name(s) and the allegations, should be discussed to maintain the attorney-client privilege and to protect witness(es).
A. Censure
Censure is a formal and public expression of disapproval, often used by legislative bodies to reprimand an individual for conduct considered inappropriate or harmful, or a violation of State law or City Policy. Black’s Law Dictionary defines censure as “[a]n official reprimand or condemnation; an authoritative expression of disapproval or blame…” It does not remove the individual from their positions but serves as a public rebuke.
A censure is distinct from any civil or criminal liability that may arise from councilmember conduct. It is a constitutionally protected act of expression by a legislative body, and courts have recognized that elected officials, such as councilmembers, have a First Amendment right to express their views through censure resolutions.
A censure hearing is not a judicial proceeding and is not subject to formal rules of evidence, cross-examination, or admissibility of evidence. The censure may also be a written reprimand and may impose limited disciplinary actions, known as sanctions, so long as they do not prevent the elected official from performing the core functions of office or restrict the member’s opportunities to speak, such as his/her opportunity to deliberate on the dais and/or speak to the public.
B. Due Process
Absent specific City policies and procedures governing censure, as is the case with the City of Cudahy, general due process principles apply. At minimum, due process requires notice and an opportunity to refute the charges.
Before a censure can be formally adopted by resolution, the City Council is required to give notice to the affected mayor or councilmember of the allegations made against him/her and the date of the public hearing. The City Council will then hold a public hearing in open session where the accused councilmember will have an opportunity to be heard, present evidence and respond to the charges against him/her.
Consistent with these requirements, Councilmember Fuentes was provided written notice of the public hearing on March 5, 2026, and is being afforded an opportunity to be heard and refute any charges at this duly noticed public hearing. To ensure the Councilmember is afforded
due process, this procedure is recommended for the public hearing:
• The Mayor will open the hearing.
• Councilmember Fuentes will be invited to present oral and/or written evidence in response to the censure request. This presentation shall not exceed ten (10) minutes.
• The Mayor will invite members of the public to speak. The public will be provided with three (3) minutes for each speaker, unless the Mayor establishes a different time period.
• Any Councilmember may then ask questions.
• Councilmember Fuentes will be invited to make final comments, which may address a public comment or questions from the Council. Final comments shall not exceed five (5) minutes.
• The Mayor will close the public hearing. No additional evidence may be presented after the hearing is closed, unless the Mayor reopens the public hearing.
• The City Council may discuss the matter.
At that time, except for Councilmember Fuentes, any Councilmember who wishes to make a motion may do so. The primary options for a motion include (a) take no action, (b) decline to impose a censure and sanction(s), (c) impose a censure or sanction(s), or (d) impose both a censure and sanction(s). Subject to a second, any motion made should be deliberated and, upon the completion of deliberations, a vote should be taken. It is recommended that Councilmember Fuentes abstain from the discussion and any Council decision because of the legal principle that no person may serve as a judge in their own case.
ATTACHMENTS
A. Resolution No. 26-04
RESOLUTION NO. 26-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, TO CENSURE COUNCILMEMBER MARTIN FUENTES FOR VIOLATIONS OF CITY POLICIES, AND RELATED MISCONDUCT.
WHEREAS, a censure is generally understood to be “an official reprimand or condemnation; an authoritative expression of disapproval or blame” (Black’s Law Dictionary (10th ed. 2014)); and
WHEREAS, the United States Supreme Court has long recognized the practice of censuring legislative body members, which has been more commonly observed at the state and local level, and as early as 1833 (Houston Community College System v. Wilson (2022) 595 U.S. 468, 475); and
WHEREAS, public officials have the authority to censure an individual member of a legislative body (Braun v. City of Taft (1984) 154 Cal.App.3d 332, 347-348); and
WHEREAS, a censure is one approach of distancing the public agency from inappropriate behaviors that interfere with the agency’s ability to conduct the public’s business and protect its employees and the public; and
WHEREAS, following a concern relayed to the City of Cudahy (“City”) regarding Councilmember Martin Fuentes, the City took prompt and remedial action by retaining the services of an independent investigator to conduct a confidential investigation of allegations regarding Councilmember Martin Fuentes; and
WHEREAS, the investigator sustained two of three allegations regarding Councilmember Fuentes that were the subject of the investigation; and
WHEREAS, at the direction of City Council, the City Clerk placed this Resolution on the March 17, 2026 regular City Council agenda, to address misconduct by Councilmember Martin Fuentes; and
WHEREAS, the impetus to censure Councilmember Fuentes is based on the investigation findings; and
WHEREAS, Councilmember Fuentes’ behavior is inconsistent with the City’s values and policies; and
WHEREAS, the City Council considered this resolution of censure at an open public meeting held on March 17, 2026, listed as agenda item no. 13A; and
WHEREAS, at the meeting, Councilmember Fuentes was given an opportunity to be heard prior to a vote on the censure.
NOW THEREFORE, BE IT FOUND, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated into this resolution by this reference.
SECTION 2. Determination. Upon adoption of this resolution, Councilmember Fuentes is hereby:
1. censured for violations of the City Council Code of Conduct and City Personnel Rules governing professional behavior;
2. directed not to engage in one-on-one discussions, whether in-person or remotely, with any City employee with the exception of the City Manager and the City Clerk; and
3. directed to refrain from taking any adverse, punitive, or other retaliatory action against any person who participated or whom he perceives participated in the investigation, including but not limited to any City staff based on the findings contained in the investigative report, or the actions taken by the City Council on this matter.
SECTION 3. Sanctions. The City Council also adopts the following sanctions to the extent such sanctions are permissible or enforceable by applicable law The sanctions will not interfere with any rights given to Councilmember Fuentes by virtue of his elected office:
1. Participate in training as directed by the Council.
2. Suspension of reimbursement for attendance at conferences, and related travel and lodging expenses for the remainder of the Councilmember’s term of office.
3. Removal from all delegate and alternate, internal and external committees including the California Contract Cities Association, Los Angeles Council Sanitation District No. 1, Southern California Association of Governments, and Southeast Gateway Line Corridor Cities Committee
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have adopted this resolution, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the resolution would be subsequently declared invalid or unconstitutional.
Resolution No. 26-04 Page 3 of 4
SECTION 5. Effective Date of Resolution. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 17th day of March, 2026.
Cynthia Gonzalez Mayor
ATTEST:
Richard Iglesias City Clerk
No. 26-04
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STATE OF CALIFORNIA )