Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE MAYOR
BY: HECTOR SOSA, MAYOR
DATE: SEPTEMBER 17, 2025
SUBJECT: CONSIDERATION OF CENSURE OF COUNCILMEMBER MARIO
TRUJILLO
EXECUTIVE SUMMARY
The City Council will consider censure of Councilmember Mario Trujillo based on a video posting made on his Instagram account concerning the shooting death of Charlie Kirk on September 10, 2025 at Utah Valley University.
RECOMMENDATION
That the City Council:
Consider the censure of Councilmember Mario Trujillo based on a video posting made on his Instagram account concerning the shooting death of Charlie Kirk on September 10, 2025 at Utah Valley University.
This is a City Council-initiated action that is entirely within the City Council’s discretion and is therefore not accompanied by any staff recommendation.
BACKGROUND
Censure is a formal resolution of a legislative, administrative, or other body reprimanding one of its own members for specific conduct found to be unacceptable. Elected bodies have long exercised the power to censure their members, and censure is an inherent power of a City Council.
A censure may take different forms but is generally enacted through adoption of a resolution and therefore represents the opinion of the City Council. Censure does not remove an elected official from office but may serve as an expression that certain behavior by a member is unacceptable to the City Council. At its essence, censure is a form of self-policing for elected officials to undertake at the elected body’s sole discretion.
If a City Council elects to censure, it may, but is not required to impose actions as a consequence of the censure. A consequence may include removal from committee membership or some lesser action, including a simple reprimand.
CONSIDERATION OF CENSURE OF COUNCILMEMBER MARIO TRUJILLO SEPTEMBER 17, 2025
PAGE 2
DISCUSSION
Neither the City Charter nor the Downey Municipal Code provides the specific procedures required for a formal censure or any specific conduct that would be subject to censure.
However, if the City Council elects to pursue censure, the City Council should follow a fair and professional process that accounts for the interests of all involved Councilmembers.
Censure must be considered in an open session in accordance with the Brown Act. The Council must specify the specific basis and reasons for consideration of censure.
I have proposed as the grounds for censure a video posting made on Councilmember Trujillo’s Instagram account concerning the shooting death of Charlie Kirk on September 10, 2025 entitled “No one mourns the wicked.” The posting was apparently available to viewers from September 10 to September 11. I believe that this action was inconsistent with the standards of integrity, dignity, respect, and professionalism expected of councilmembers and inconsistent with the attached Code of Ethics and Conduct for elected officials, particularly the elements pertinent to “Respect for Fellow Elected Officials, Staff, and the Public.” I also believe this action could compromise the City’s ability to govern effectively and inflict reputational harm on the City.
Councilmember Trujillo must be afforded the opportunity to provide rebuttal arguments and any other information to oppose the imposition of a censure. The City Council shall hear and deliberate upon that information and decide which course of action to take.
The City Council should not presume that a censure is appropriate merely because it is being considered. It will need to hear the relevant information prior to making a determination. The City Council may determine that there are no grounds for censure, or that some lesser action or other alternative is preferred. If the City Council finds that a censure is justified, a simple majority is required. The City Council may not remove any member from serving on the City Council as a consequence of censure.
Should the City Council wish to proceed with a censure, it may direct the preparation of a resolution incorporating the basis for censure. That resolution would be considered for formal adoption at the next regular meeting or a future meeting.
FISCAL IMPACT
There is no fiscal impact at this time.
ATTACHMENTS
Code of Ethics and Conduct for Members of the Downey City Council
F;• • • :1V
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEU
ADOPTING A CODE OF ETHICS AND CONDUCT FOR MEMBERS OF THJDOWNEYCITYCOUNCIL WHEREAS, the purpose of a Code of Ethics and Conduct is to assure that all elected of the Downey City Council, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of the City; and WHEREAS, consistent with the requirements of AB 1234, the City requires all Downey City Council Members to participate in ethics training in general ethics principles and laws relevant to public service every two years; and
WHEREAS, in the furtherance of transparency and good governance and to promote an atmosphere of respect and civility where the Downey City Council, City staff and the public are free to express their ideas and work to their full potential, the City Council desires to create a Code of Ethics and Conduct applicable to the members of the Downey City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council adopts the Code of Ethics and Conduct for elected officials of the Downey City Council as set forth in Exhibit A, attached hereto.
SECTION 2. All current members of the Downey City Council shall execute the Code of Ethics and Conduct by no later than June 1, 2021. All future members of the Downey City Council shall execute the Code of Ethics and Conduct at the time the Oath of Office is administered by the City Clerk or his/her designee authorized or deputized for such purpose.
SECTION 3. It is the intent of the City Council that the Code of Ethics and Conduct be implemented in conjunction with, and pursuant to, any and all other City policies, laws, and regulations which pertain to the rights and obligations of the Downey City Council.
SECTION 4. To the extent that there is a conflict with existing policies adopted by the City Council, the Code of Ethics and Conduct adopted by this Resolution controls.
SECTION 5. This Resolution shall be effective immediately upon its adoption.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 27 th day of April, 2021.
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City Clerk
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As an elected official of the City Council of the City of Downey, California, I herein certify that I have received a copy of the Code of Ethics and Conduct of the City of Downey, have been offered assistance in understanding this Code, and am aware of the provisions of the Code and its application to my responsibilities. Consistent with the Code, I pledge the following in the conduct of my duties:
0 1 am honest with my fellow officials, the public and others. 0 1 do not promise what I believe to be unrealistic.
0 1 am prepared to make unpopular decisions when my sense of the public's best interests requires it.
0 1 credit others' contributions to moving our community's interests forward. 0 1 do not knowingly use false or inaccurate information to support my position or views. 0 1 safeguard the ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising, objectivity, independence, and honesty.
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0 1 do not accept gifts, services or other special considerations because of my public position.
0 1 excuse myself from participating in decisions when my or my family's financial interests may be affected by my agency's actions.
I do not give special treatment or consideration to any individual or group beyond that available to any other individual.
0 1 refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial, non -financial or other personal interests.
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0 1 promote meaningful public involvement in the City's decision -making processes. 1 treat all persons, claims and transactions in a fair and equitable manner. I make decisions based on the merits of the issue.
0 If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision -making process, I publicly share it with my fellow officials and staff.
1 work to contribute to a strong organization that exemplifies transparency and open communication.
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0 1 treat my fellow officials, staff and the public with patience, courtesy and civility, ev when we disagree on what is best for the community.
0 1 work towards consensus building and gain value from diverse opinions. 0 1 respect the distinction between the role of office holder and staff; I involve staff meetings with individuals, those with business before the agency, officials from ot agencies and legislators to ensure proper staff support and to keep staff informed. 0 1 conduct myself in a courteous and respectful manner at all times during t performance • my official City duties.
0 1 encourage full participation of all persons and groups. I am aware and obse important celebrations and events which reflect the values of our diverse population. I 0 1 do not use public resources, such as agency staff time, equipment, supplies facilities, • private gain • personal purposes.
I make decisions after prudent consideration of their financial impact, taking into accou the long-term financial needs of the agency, especially its financial stability. 0 1 demonstrate concern for the proper use • agency assets (such as personnel, tim property, equipment, funds) and follow established procedures. 4 1 am a prudent steward of public resources and actively consider the impact •. decisions • the financial and • stability • the City and its residents. I Print Name:
11istrict No,-.
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