MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
SPECIAL MEETING
SEPTEMBER 17, 2025
The City Council of the City of Downey held a Special City Council Meeting — Open Session on September 17, 2025, at 4:15 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Sosa presiding.
PRESENT:
Council Members:
Hector Sosa
Dorothy Pemberton
Claudia M. Frometa
Horacio Ortiz
Mario Trujillo
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
ALSO PRESENT: Roger Bradley, City Manager
Vaniah De Rojas, Assistant City Manager
John M. Funk, City Attorney
James McQueen, Human Resources Director
M. Alicia Duarte, CIVIC, City Clerk
Council Member Trujillo stated for the record that he received notice of the Special Meeting and, as an Attorney, sought legal counsel regarding what he described as serious legal concerns. He explained that he submitted a formal written complaint dated September 15, 2025, to the City Attorney and City Manager alleging an intentional violation of the Ralph M. Brown Act by the Mayor and certain Council Members. He summarized that the complaint stemmed from a September 10, 2025 post on his personal Instagram account quoting lyrics from the musical Wicked, followed by a September 11, 2025 post by the Mayor on the Mayor's official Instagram account that referenced comments by Council colleagues and spoke on behalf of the City Council. He stated that additional Council Members interacted with the Mayor's post using their official social media accounts, which he asserted constituted an unlawful serial meeting under the Brown Act. He further stated that this exchange prompted public commentary calling for his removal and was followed by notice of a special meeting to consider a potential censure related to his personal social media activity. Council Member Trujillo asserted that his post did not advocate political violence, that the subject matter was unrelated to City business, and that calling a meeting to consider censure based on a private social media post was inappropriate. He contended that, if the City asserted jurisdiction over his private post, the social media interactions among a majority of the Council constituted a Brown Act violation, including deprivation of public transparency, and he cited specific provisions of the Government Code in support of his position. He stated that the City Manager responded in writing, indicating that the City did not believe a Brown Act violation had occurred, that issues related to alleged violations followed separate statutory procedures, and that any request for City provided legal defense in a censure matter would need to be made pursuant to applicable law. Council Member Trujillo objected to the agenda description for the meeting, stating that it inaccurately referenced a video he asserted he never posted and that he found the agenda language to be misleading and defamatory. He concluded by stating that he was submitting three documents into the record, including his complaint letter, the City Manager response, and the posted agenda, and thanked the Mayor for allowing him to make his record.
City Attorney Funk clarified for the record that Council Member Trujillo's objections to the meeting were procedural rather than substantive in nature and confirmed that Council Member Trujillo had asserted a belief that a Brown Act violation occurred. He stated that he responded within the stated City Council Minutes
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timeframe, advising that it was the City's position that no Brown Act violation had occurred based on the allegations presented, and addressed Council Member Trujillo's request regarding conflict counsel. City Attorney Funk then provided an overview of the procedures for the special meeting, explaining that the purpose of the meeting was to consider whether to censure Council Member Trujillo, as outlined in the agenda. He emphasized that no action had been taken to date and that the meeting was convened solely to consider potential action. He noted that there would be no staff report or recommendation, and that his role would be limited to facilitating the process procedurally. He explained that censure is defined as a formal reprimand or expression of disapproval by a legislative body and may include limited sanctions, but does not allow for removal of a council member. He outlined the order of proceedings, including public comment, a presentation by the Mayor who called the meeting, an opportunity for the affected Council Member to respond, and subsequent Council deliberation. He stated that any decision to censure would require a simple majority vote and could result in a written resolution adopted at a later meeting, or the Council could choose a lesser action or no action. He concluded by reminding all participants that the meeting was a business proceeding requiring civility and decorum.
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS
Mayor Sosa asked City Clerk Duarte if any written public comments were received regarding Closed Session items. City Clerk Duarte confirmed 4 written public comments were received.
Meldy Avila, commented in support of the censure.
Veronica Garcia, commented in opposition to the censure.
Alex Rocha, commented in opposition to the censure.
Ron and Jennifer Boren, residents, commented in support of the censure.
It was moved by Council Member Frometa, seconded by Mayor Pro Tern Pemberton, and carried 4-0, with Council Member Trujillo abstaining, to receive and file written public comment.
Mayor Sosa asked City Clerk Duarte if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items.
Christian, resident, commented in support for the censure.
Speaker No. 2, resident, commented in support of the censure.
Speaker No. 3, commented in opposition to the censure.
Speaker No. 4, commented in support of the censure.
Speaker No. 5, commented in support of the censure.
Speaker No. 6, commented in support of the censure.
Speaker No. 7, commented in support of the censure.
Speaker No. 8, commented in opposition to the censure.
Speaker No. 9, commented in support of the censure.
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Speaker No. 10, commented in support of the censure.
Speaker No. 11, resident, commented in support of the censure.
Brandon St. Gilly, resident, commented in support of the censure.
Speaker No. 13, resident, commented in support of the censure.
Speaker No. 14 left before their time to speak.
Speaker No. 15, commented in support of the censure.
Sabrina Sarmiento, resident, commented in support of the censure.
Lee Squire, resident, commented in support of the censure.
Speaker No. 18, resident, commented in opposition to the censure.
Speaker No. 19, commented in support of the censure.
Donna, resident, commented in support of the censure.
John Lacey, resident, commented in support of the censure.
Ruth Sanchez, resident, commented in support of the censure.
Speaker No. 23, commented in support of the censure.
Speaker No. 24, commented in support of the censure.
Sonia Santos Anaya, resident, commented in opposition to the censure.
Speaker No. 26, left before their time to speak.
B.C., resident, commented in support of the censure.
Speaker No. 28, left before their time to speak.
Speaker No. 29, left before their time to speak.
Diego Jimenez, resident, commented in support of the censure.
Speaker No. 31, commented in support of the censure.
Speaker No. 32, commented in support of the censure.
Speaker No. 33, left before their time to speak.
Speaker No. 34, left before their time to speak.
Speaker No. 35, resident, commented in support of the censure.
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Speaker No.
36, left before their time to speak.
Speaker No.
37, left before their time to speak.
Speaker No.
38, left before their time to speak.
Nestor Yepiz, commented in support of the censure.
Javier Garcia, resident, commented in opposition to the censure.
Speaker No.
41, commented in support of the censure.
Speaker No.
42, commented in support of the censure.
Speaker No.
43, commented in support of the censure.
Jay Garcia, resident, commented in support of the censure.
Speaker No.
45, commented in support of the censure.
Speaker No.
46, commented in support of the censure.
Speaker No.
47, resident, commented in support of the censure.
Speaker No.
48, left before their time to speak.
Speaker No.
49, commented in support of the censure.
Speaker no.
50, commented in support of the censure.
Speaker No.
51, left before their time to speak.
Speaker No.
52, left before their time to speak.
Zully Vaccarano-Flores, commented in support of the censure.
Speaker No.
54, commented in opposition to the censure.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and so ordered by Mayor Sosa to close public comment.
1. CONSIDERATION OF CENSURE OF COUNCILMEMBER MARIO TRUJILLO: Mayor Sosa.
RECOMMENDATION
CONSIDERED 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
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Mayor Sosa thanked the public for participating in the discussion and emphasized the importance of open public discourse. He explained that he called a special meeting so the matter could be addressed separately and not interfere with the City Council's regular business at the upcoming meeting on September 23. He stated that while he would have preferred the issue be resolved internally, doing so would have violated the Brown Act, necessitating an open and public meeting. He explained that censure is a tool available to the City Council to hold its members accountable and maintain standards of conduct.
Mayor Sosa stated that the purpose of the meeting was to consider the possible censure of Council Member Trujillo based on a social media post on his Instagram account, related public reactions, and subsequent exchanges, which he asserted violated the City's Code of Ethics and Conduct adopted on April 27, 2021. He cited provisions related to treating fellow elected officials, staff, and the public with civility, working toward consensus, and conducting oneself in a courteous and respectful manner while performing official duties. He concluded by noting that he would provide additional comments later following further discussion and deliberation by the Council.
Council Member Trujillo thanked Mayor Sosa and clarified that his earlier remarks were procedural in nature. He acknowledged the recent homicide in the City and expressed condolences, emphasizing that public safety should remain the Council's top priority. He stated that City resources were being used to address a personal social media post rather than broader public safety issues, which he viewed as misplaced. He apologized to his family and acknowledged that his Instagram story was insensitive and poorly timed, taking responsibility for the impact it caused. He emphasized that the post consisted of five words referencing a song title from Wicked and was not intended as an attack, threat, or incitement to violence. He stated that he does not condone violence, did not celebrate anyone's death, did not target any individual by name, and did not post or share any video related to the homicide. He explained that the post reflected his personal political views and values and was made on his personal account, not in any official capacity. Council Member Trujillo asserted that his personal speech is protected by the Constitution and that disagreement or offense does not negate free speech rights, though he acknowledged that speech can carry consequences. He described the personal toll of the controversy, including threats directed at his family, and stated that he removed the post after a friend expressed concern about its insensitivity. He reiterated that the post was political discourse, not a call for violence, and that criticism does not equate to political violence. He argued that the City's Code of Ethics cannot override constitutional protections and cited recent Supreme Court decisions affirming that speech on personal social media accounts by elected officials is private speech. He warned that censuring a council member for personal political expression would constitute unconstitutional censorship, set a harmful precedent, expose the City to legal risk, and erode public trust. Council Member Trujillo further stated that the issue reflected political differences rather than ethics violations. He described his long history in the City, his commitment to Downey, and his record of public service. He referenced prior controversies involving the City's reputation and stated that he had consistently worked to defend and support the City despite political disagreements. He emphasized that the Council has historically functioned in a nonpartisan and unified manner on core City issues. He concluded by reiterating his apology for insensitivity, affirming his respect for differing views, and urging the Council not to proceed with censure. He stated that moving forward with censure would deepen division rather than promote unity and asked the Council to uphold constitutional principles, free expression, and the City's focus on public safety.
Mayor Sosa responded by rejecting the suggestion that the Council Members were acting based on political bases, stating that such an implication was insulting. He noted for the record that the Council had previously appointed Council Member Trujillo as the City's first openly gay mayor and clarified that a special meeting had, in fact, been held regarding ICE raids. He corrected the record, stating that he did not attend a presidential inauguration and was instead in Washington, D.C. for the U.S. Conference of Mayors. Mayor Sosa further clarified the distinction between the terms "censure" and "censor" and emphasized that the City Council is a nonpartisan legislative body. He concluded by opening the item for Council deliberation and inviting comments or questions from his colleagues.
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Mayor Pro Tern Pemberton stated that she carefully considered the matter over several days and presented prepared remarks addressing the concerns before the Council. She explained that she initially did not recognize the reference in Council Member Trujillo's social media post and at first thought it related to a theatrical production, but later understood it as a response to the assassination of Charlie Kirk and reflective of personal dislike toward him. She emphasized that while free speech is protected, elected officials are held to a higher standard of conduct given their positions of authority and responsibility to the public. She cited the City's Code of Ethics and Conduct adopted in 2021, explaining that it exists to promote public confidence, trust, and integrity in City government. She referenced provisions requiring elected officials to act with honesty, fairness, civility, and respect toward fellow officials, staff, and the public. Mayor Pro Tern Pemberton stated that City Hall received numerous calls and emails from residents expressing shock and displeasure with the post and subsequent responses.
She noted that while disagreement from residents is expected, she found it concerning that some replies from Council Member Trujillo to residents were aggressive, uncivil, and included offensive language, which she asserted violated the Code of Ethics, particularly the requirement to treat the public with courtesy and respect. She explained that censure is a formal reprimand that does not involve financial penalties or removal from office, but serves to formally express disapproval of conduct deemed unacceptable. She stated that the social media post and related responses demonstrated multiple violations of the Code of Ethics and that the Council has a responsibility to respond to community concerns and uphold standards of conduct. She concluded by emphasizing that the issue was not about political beliefs, but about the appropriateness of insensitive public comments by an elected official regarding the assassination of an individual. She stated that mocking or appearing to diminish the loss of human life has no place in public service and urged the Council to act in the best interest of the community.
Council Member Frometa stated that the meeting was not about taking a position on Charlie Kirk or the homicide itself, but about addressing conduct she characterized as unbecoming of an elected official. She emphasized that political violence is unacceptable regardless of ideology and that elected officials have a duty to stand firmly against harassment, intimidation, and violence. She stated that Council Member Trujillo's conduct has caused harm beyond a single social media post and described what she characterized as a longstanding pattern of disrespectful, harassing, and intimidating behavior toward residents and colleagues, including herself. She referenced prior incidents in which she said his actions caused her and her family to fear for their safety, including harassment related to political disagreements and conduct she alleged occurred at a national conference, which she stated resulted in heightened security concerns. Council Member Frometa asserted that elected officials do not shed their responsibilities or ethical obligations when acting outside the Council Chamber and emphasized that the Code of Ethics and Conduct exists to ensure civility, respect, and proper use of City position and resources. She stated her belief that Council Member Trujillo violated multiple provisions of the Code over time. She concluded by calling for unity within the community, rejecting divisions based on political affiliation, race, or personal characteristics, and emphasizing that disagreements must be handled with professionalism and respect. She stated that the issue before the Council was about conduct and accountability, not free speech alone, and urged the public to view the matter as an opportunity for the community to come together.
Council Member Ortiz reaffirmed his belief that violence is never acceptable and stated that the killing of Charlie Kirk was disturbing and underscored the risks elected officials face when making difficult decisions. He emphasized that public service often involves disagreement and that no decision will satisfy everyone. He stated that while he disagreed with how Council Member Trujillo addressed the situation on social media, he recognized that each council member responds to crises differently and that diversity of expression is protected by the First Amendment. He noted that he personally chose a different response focused on sympathy and prayer. Council Member Ortiz expressed concern that calling a special meeting to address a social media post was misplaced, particularly given other urgent public safety issues facing the community. He stated that residents elected the Council to focus on priorities City Council Minutes
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such as public safety, homelessness, economic development, and infrastructure, not to judge one another's speech. He cautioned that the matter risked further dividing the Council and the community and stated that residents should be allowed to form their own judgments. He emphasized his commitment to unity, mutual respect, and collegiality among council members, stating that he would continue to support and work collaboratively with his colleagues regardless of disagreements. He concluded by urging the Council to lower tensions, seek understanding, and present a unified front to the community, while extending prayers to the community and to the family of Charlie Kirk.
Mayor Sosa stated that elected officials are held to a higher standard of conduct, particularly on social media, and emphasized the responsibility to exercise discretion, maintain professionalism, and help de-escalate tense situations as public servants. He asserted that Council Member Trujillo's social media post went viral and brought embarrassment to the City, dishonored first responders, and failed to reflect the seriousness of a politically motivated killing. He further stated that the post and subsequent responses triggered significant negative repercussions for the City, including threats directed at Council Members, City staff, and City Hall, noting that staff received numerous hostile phone calls that caused distress. Mayor Sosa emphasized that elected officials and staff are often subjected to criticism but must remain above personal attacks and treat residents with dignity and respect. Mayor Sosa cited multiple examples of responses he attributed to Council Member Trujillo that he characterized as profane, aggressive, and disrespectful toward residents, including language used in emails and on social media.
He stated that these interactions, in addition to the original post, violated the City's Code of Ethics and Conduct, which requires professionalism, civility, and respect toward the public. Concluding his remarks, Mayor Sosa stated that, due to what he described as repeated disrespect toward residents and the resulting harm to the City and its staff, he asked Council Member Trujillo to resign.
Council Member Trujillo responded by asserting that he viewed the criticisms leveled against him as hypocritical, particularly references to embarrassment, higher standards, and respectful discourse, given broader political conduct he believes his colleagues support. He rejected assertions that his actions disrespected first responders and stated that he has consistently supported public safety, arguing that such references were being used to unfairly defame him. He denied allegations that he shared or referenced any video and reiterated that claims about a video were incorrect. He clarified that he did not intentionally share or promote content involving colleagues and stated that prior political disagreements, including those related to past votes and national political issues, marked the point at which relationships became strained, though he maintained that City business continued to be handled professionally.
Council Member Trujillo described a history of political rivalry and disagreement with certain colleagues but stated that he had attempted to manage disputes internally and avoid escalation. He argued that the current proceedings were driven by political differences rather than ethical violations. Addressing accusations regarding his communications with residents, he stated that he did not initiate disrespectful or abusive exchanges and challenged others to identify any instance where he began such conduct. He acknowledged responding forcefully when he felt disrespected but denied intentionally targeting or maligning residents. He concluded by stating that accusations of intentional disrespect were unfounded and should be evaluated in the full context of the communications involved.
Council Member Frometa stated that public service requires elected officials to accept criticism from residents, even when it is uncomfortable, because they have chosen to serve the public. She emphasized that while harassment and threats are unacceptable, elected officials must not respond to criticism with disrespectful or dismissive language. She cited a specific email exchange involving a resident whose father was later murdered, noting that the resident's message to Council Member Trujillo was respectful, but that his response was not. She stated that responding dismissively to a grieving resident, particularly one reaching out in good faith, was unacceptable conduct for a public servant and illustrated a lack of civility and compassion. She emphasized that disagreement over political views does not justify disrespect toward residents and underscored that such conduct was central to the concerns being discussed.
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It was moved by Mayor Sosa, seconded by Mayor Pro Tern Pemberton, and carried 3-1, with Council Member Ortiz voting no and Council Member Trujillo abstaining, to approve censure of Council Member Mario Trujillo based on a video posting made on his Instagram account concerning the shooting death of Charlie Kirk and the removal from all Committees internal and external that Councilmember Trujillo serves on indefinitely.
ADJOURNMENT
Mayor Sosa adjourned the Special City Council Meeting — Open Session at 7:20 p.m. t �
AR ALICIA D A TF, C 1A M. FRdMtTA
City Clerk Mayor
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