Last month, Buena Park Councilman Jose Trinidad Castaneda took the unusual step of taking a leave of absence from his council duties, skipping both the July 11 and July 25 council meetings for unspecified “health” reasons. He reportedly ended his unusual leave on August 1 but didn’t attend the August 8 council meeting in person – instead participating via Zoom from his apartment.
At the beginning of the July 11 council meeting, City Manager Aaron France informed the city council that Castaneda was taking a leave for “health” reasons.
This was auto-reply Castaneda set up for his e-mail during his ;eave of absence:
France confirmed to OC Independent that Castaneda had notified the city the day before about his decision to suspend his council duties.
“As indicated at the meeting of July 11, Council Member Trinidad Castaneda advised us on July 10 he was taking a leave of absence,” wrote France in an August 3 e-mail.
“Last Thursday, Council Member Trinidad Castaneda indicated he was returning from his leave of absence and returning to Council duties on Tuesday, August 1. Staff has been in contact with him since Tuesday and he is planning to participate in the August 8 City Council meeting,” France continued.
Later that day, Castaneda called me, saying he’d learned I was working on a story. Castaneda said he had taken a “temporary leave of absence” to “rest” and “spend time with my family.” He didn’t say what “health matters” he was “addressing.”
“We usually go to Mexico that time of year, but this time we didn’t,” said Castaneda.
He said he “was the most productive councilman in the city’s recent history” and joked that his council colleagues probably appreciated his absence.
“I’m sure they were grateful to use the time to catch up,” said Castaneda.
I noted to Castaneda that his request was unusual for a city councilmember, most of whom have full-time jobs, families, and other obligations but don’t take leaves of absence from being councilmembers in order to “rest.”
Castaneda reiterated his reasons for the leave of absence and added, “If you want to note that I was the most productive councilman in the city’s recent history, then you can.”
READ: Castaneda’s Council Win Makes Carpetbagging A Buena Park Tradition
The first council meeting following Castaneda’s return to duty took place August 8. However, Castaneda chose to participate via videoconference from his apartment.
He did not give a reason for doing so during the council meeting.
In response to my inquiry, France replied that Castaneda did not give the city a reason for participating remotely.
“Council Member Castaneda did not provide any explanation for needing to participate remotely,” wrote France in an e-mail the morning of August 11.
When OC Independent reached out to Councilmember Castaneda to ask the reason, he said he may have been exposed to COVID-19 at his sister’s birthday party.
“My family called to say they tested positive on Thursday, August 3rd afternoon,” Castaneda said in a text on the afternoon of August 11. He said he didn’t have time to take a COVID-19 test prior to the August 8 council meeting.
“I had too short notice to get tested, and even less time to make the decision to join remote or risk testing positive for COVID and spreading it at the Council meeting,” Castaneda said in a text.
Free at-home COVID tests are widely and easily available.
“I’ve since tested negative and will be attending in-person at our upcoming meetings,” Castaneda stated.
When asked why he didn’t disclose any of this to city staff or the public, Castaneda responded, “Great question.”
“At the time of the Council Reports, the challenge I faced was: reading a long list of updates in a very limited time,” texted Castaneda. “The full report was submitted to the City Clerk’s Office [to] be included in the minutes.”
Contrary to the city manager’s assertion that Castaneda did not provide a reason for his remote participation, the councilman claims he “provided the City notice of my request for remote participation for just cause reasons related to health matters under AB 2449 in a call to the City Manager on Thursday, August 3rd.”
Castaneda was well enough to march on August 12 with UNITE-HERE Local 11 members who have been raucously picketing the Laguna Cliffs Resort in Laguna Beach.
State Law Murky On Rules Of Remote Participation
State law seems contradictory on the matter.
Every Buena Park City Council agenda begins with a lengthy explanation of AB 2449:
“On September 13, 2022, Governor Newsom signed Assembly Bill 2449, which permits City Council Members to participate in City Council Meetings via teleconferencing for emergency circumstances or just cause reasons. Videoconferencing allows the City to continue to conduct essential business and comply with Public Health Administration recommendations to protect the public and City employees and limit exposure. Please be advised that some City Council Members may attend this meeting via videoconference.”
Nonetheless, the August 8 agenda stated – just above AB 2449 explanation – that Castaneda’s remote participation was being conducted “pursuant to Government Code Section 54953(b).”
I asked City Manager Aaron France if city councils and/or councilmembers could choose whether to follow the AB 2449 rules or “traditional” Brown Act rules.
“In our interpretation, as a result of lessons learned from public meetings during COVID, AB 2449 provides flexibility from the traditional Brown Act provisions and either are allowed under the law,” replied France.
So it would appear that under the “traditional” Brown Act, a councilmember can participate in a council meeting from his or her apartment, anytime they want, for no reason at all – which would seem to defeat the purpose of AB 2449.
Keep in mind that Castaneda says he requested remote participation under AB 2449.
