Agenda Item No: D.1
AGENDA REPORT
DATE: June 9, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: CM Outside Counsel Investigation Report on Mayor’s Residency Under Quo Warranto
Council Discussion and Direction Regarding the Report Submitted by Outside Legal Counsel Investigating the Mayor’s Residency Status Under the Quo Warranto Process
Funding Source: $66,170; General Fund
Contact: David Gassaway, (707) 428-7400
RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.
STATEMENT OF ISSUE
City Council voted unanimously 6 -0 (with Mayor Moy absent) to release reports investigating Mayor Catherine “Cat” Moy’s residency in Fairfield under the quo warranto process under California Code of Civil Procedure.
DISCUSSION
In December 2025, the council retained outside legal counsel Gary Winuk from the Kaufman Legal Group. Mr. Winuk presented in closed session o n January 20, 2026 , about the quo warranto process and relevant case law. On direction from council, Mr. Winuk produced an initial report in March 2026, on information submitted to him through an encrypted and secure email address.
On March 10, 2026, the council met in Closed Session to review the report. At that meeting, the council voted 4-3 to procced with further proactive investigation by Mr. Winuk. The council set 60 days and a budget of $25,000 for additional investigation by Mr. Winuk.
On May 20 , 2026, the council again met for Closed Session. However, before entering closed session, and after public comments, the council discussed releasing the reports to the public. The
council voted unanimously to release the reports and schedule a special meeting on June 9, 2026, for public discussion.
Attached are the two reports produced by Mr. Winuk, along with all exhibits.
FINANCIAL IMPACT
Prior to the March 10, 2026, Closed Session meeting, the invoices for Kauffman Law Group for Mr. Winuk’s time totaled $32,665. Since March 10, invoices received total $18,417.50 for total expenditure through April 2026 (last month of invoice) of $51,082.50. The council authorized a cap of $25,000 after March 10, leaving $6,582.50 to be invoiced for services render ed in May 2026.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A
COORDINATED WITH
City Attorney’s Office
STAFF CONTACT
David Gassaway, City Manager
(707) 428-7400
[email protected]
ATTACHMENTS
Attachment 2: Memo from Outside Counsel dated March 9, 2026 Attachment 3: Investigative Report from Outside Counsel dated May 20, 2026 Attachment 4: Exhibits to Investigative Report