Livingston adopts code of conduct after couple accuses councilman of sexual comments
The Livingston City Council recently passed a code of conduct for all city officials after one of its own members was publicly accused by a resident of misconduct.
But some Livingston residents say the action amounts to little more than a symbolic gesture aimed at placating complaints.
Although the code of conduct was passed by the council at its Jan. 19 meeting, the allegations first came to light publicly at a Jan. 5 council meeting.
There, Livingston resident JT Mann told the council that sexually vulgar comments and gestures were allegedly made by Councilman Gagandeep Kang in November about Mann’s wife, Khushi Mann.
Mann said he was not present when the alleged comments were made by Kang about his wife, but witnesses heard the words and relayed the incident back to him.
Mann said the most concerning comment Kang allegedly made, among others, happened in the presence of several witnesses on Nov. 3, during an election night social gathering.
Kang allegedly said out loud “if (Mann) can’t put a kid in his wife, then I will.” Kang allegedly made a thrusting gesture with his hips while making the comments.
“Mr. Kang should be held accountable for his shameful actions toward my family and I,” Mann said at the Jan. 5 City Council meeting. “A grown man should not have to be reminded to respect women,” he added.
Kang attended the meeting virtually and did not comment on the allegations at that time.
In addition to the “sexual threats” Mann said were made toward his wife, he also alleged that Kang has engaged in a pattern of bullying behavior and exploiting his power as an elected official for personal gain.
“In the last two months, I have now started to involve myself and peek behind this curtain that conceals City Hall and this council, and I’m disgusted by what I see,” Mann said. “When I first made my complaint I was looking for a formal apology. But I am beyond that now, having learned all the things that I’ve discovered.”
Efforts by the Sun-Star to reach Kang for this story were unsuccessful. Although police looked into the allegations, no charges have been filed against Kang.
Mayor, council respond to complaints
Mayor Juan Aguilar told Mann at the meeting that the city is taking the accusations seriously. Aguilar said he has respect for Mann’s family and thanked him for bringing the concerns forward.
“We’re all listening to you and agree with a lot of the comments you’re saying, in regards to we need to look at our city and be respectful,” Aguilar said.
Aguilar, who recently began his first mayoral term, told the Sun-Star the accusations against Kang underscored the need for a city code of conduct.
”One of my priorities is to establish a better relationship with the community,” Aguilar said. “We as public officials must conduct ourselves to the utmost level. Regardless if (the accusations are) true or not, we have a responsibility.”
A code of conduct had been in place for Livingston staff, but not for elected officials. Some City Council members were surprised such guidelines didn’t already exist.
Before unanimously passing the code of conduct, each of the four council members present at the Jan. 19 meeting voiced support for the guidelines and condemned any inappropriate behavior by city officials. Kang was not present at the meeting.
The new code serves as a set of standards for city officials to hold each other accountable to.
Meanwhile, the City Attorney’s and City Manager’s offices are gathering details about the allegations.
City administration conducting its own inquiry
After Kang’s alleged offensive comments in November, the Manns took their complaints to Livingston Police Chief Chris Soria.
Soria told the Sun-Star that he looked into the Manns’ claims and consulted with the Merced County District Attorney’s Office. It was determined that no laws were broken and the issue was turned over to the Livingston City Attorney’s and City Manager’s offices as a potential matter of misconduct, Soria said.
Although the police department did not result in any criminal charges against Kang, new Livingston City Attorney Trevor Taniguchi said city administration is in the beginning stages of fact-finding. The city is examining each of the Manns’ claims, but the process is strictly informational, and thus does not amount to a formal investigation, he said.
Taniguchi said a brief is being prepared for the City Council, but he is unsure how much of it, if any, will be made public.
“It really is dependent on what we’re able to find,” Taniguchi said. “It would be premature at this point to draw any type of conclusion.”
Although still in early stages, Taniguchi said the process is moving quickly into a robust picture of what transpired.
Regardless of what the city concludes about the Manns’ allegations against Kang, Aguilar said he is glad the resident felt comfortable about speaking up.
Any community complaints or concerns are welcome at any time, the mayor said. “We have to absolutely look at everything, take our time and get the facts,” he said.
Aguilar said some residents have been confused about permitted actions that can be taken against elected officials.
Unlike staff, elected officials cannot usually be removed by the city. The City Council is mostly limited to the largely symbolic action of censuring a council member. Still, residents who are upset about actions taken by a council member do have the right to pursue a recall.
Couple wants more done
Mann and his wife said while the code of conduct passed by the council was a good step, they’re looking for something more than a “slap on the hand.”
JT Mann returned to the council podium during the Jan. 19 meeting to ask the council for an update on the situation. The Manns said they were frustrated they had to speak openly again.
The Manns told the Sun-Star that they initially wanted to keep the alleged incident with Kang out of the public eye, but decided to raise their complaints publicly after time passed without any action.
The couple said after they had approached police, they continued to wait for news until deciding to speak at the Jan. 5 meeting. After that, Livingston City Council members and residents reached out to the Mann family to listen to their concerns.
But Khushi Mann told the Sun-Star that she felt like the city did not take her complaints seriously. In conversations with city officials, she said she has had to explain why Kang’s alleged comments warrant an official investigation.
“For him to threaten my safety is a very scary and very real thing,” she said. “You hold (elected officials) to a higher standard.”
Kang has not spoken to them since the alleged incident, and the Manns said they fear their complaints are falling on deaf ears. Each said they are losing faith in the council.
The Manns encouraged anyone with similar experience or complaints to speak openly, too.
