SLO councilwoman seeks to censure mayor over leaked report

July 25, 2026

SLO Councilwoman Jan Marx at IWMA meeting

By KAREN VELIE

San Luis Obispo Councilwoman Jan Marx is seeking to have Mayor Erica Stewart censured for releasing a confidential Grand Jury report in violation of the California Penal Code. Stewart shared the confidential information with her employer, Cal Poly.

Censure serves as a punishment, a way for the City Council to reprimand one of its own for violations of the of law or city policy. While censure carries no fines or suspension, it serves as a punishment for wrongdoing.

Local activists discovered that Stewart had violated the law when she leaked the confidential report to her employer, and then discussed how to respond to the allegations that the city had failed to protect its residents regarding issues with Cal Poly’s fraternities and sororities.

In her request for censure, Marx says that city staff failed to promptly fulfill a Jan. 28 records request from Kathie Walker for all correspondence between Cal Poly and Stewart regarding the Grand Jury investigation.

Mayor Erica Stewart

Instead of promptly responding to the records request, city staff waited until June 11 to provide Walker the incriminating text messages, just two days before the one-year statute of limitations to prosecute Stewart for a misdemeanor had passed.

“This leak of confidential information was not disclosed to the public for almost a year, until it was revealed in documents produced by the city pursuant to a city resident’s public records request,” according to Marx’s request for censure. “This nondisclosure by Stewart could be considered a coverup.”

On July 13, Marx submitted a complaint and request for a censure hearing to the chair of the SLO Personnel Board.

Stewart penned a written response to the complaint on July 22. The mayor argues that Cal Poly is a stakeholder in regards to the Grand Jury report and needed to be involved in the responses.

“As you may know, there has been a long-standing tension between student behaviors in the neighborhoods, the city’s housing and noise enforcement, and the university’s student discipline and response to the community,” Stewart writes in her response. “The effort to improve outcomes has remained a joint effort of the City of San Luis Obispo and Cal Poly for many years.”

However, Cal Poly does not fall under the jurisdiction of the SLO County Grand Jury. While Grand Juries interview multiple people during their investigations, only the “affected agency” is permitted to review the report before publication.

In addition, Stewart argues that she believed the Grand Jury had already sent Cal Poly a copy of the report before she shared it with her employer. However, her text messages with a Cal Poly administrator appear to contradict her claim.

Following widespread condemnation from residents, at Tuesdays SLO City Council meeting Stewart read an apology. During the same meeting, Marx announced her plan to have Stewart sanctioned.

The SLO Personnel Board is scheduled to review Marx’s complaint on July 27, and determine if there is sufficient evidence of a violation. If the board determines a serious violation occurred, it will recommend the City Council hold a censure hearing.

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53 Comments

Please consider signing my petition advocating for the SLO Mayor, City Manager, and City Attorney to resign:


https://www.change.org/sanluisobispoaccountability


Welp, she got away with it folks. The Personell board decided today not to refer a censor to the City Council. It was a 2 to 1 vote, the libs just swept it under the rug.


Not surprised, they are all about just protecting themselves not the residents


What complete disgrace.


As Stewart once said, ” I’d do it again”. If I could vote in SLO, I’d vote for her again. There is something that about transparency that I find worth taking the risk, oh then there are the rules. Rules for who?


Duties of the City Manager and City Attorney Regarding Mayor Stewart’s Disclosure of Confidential Grand Jury Report


Whether the City Manager and City Attorney had affirmative duties under California law, City policy, and professional ethical obligations to (1) notify the San Luis Obispo County Grand Jury of Mayor Stewart’s disclosure of a confidential draft Grand Jury report to Cal Poly, and (2) inform the full City Council, likely in closed session, of the Mayor’s violation of Penal Code §933.05(f) and the City’s Code of Ethics.



  1. Both the City Manager and City Attorney had clear duties to notify the Grand Jury immediately upon learning that the Mayor disclosed a confidential draft report.

  2. Both had a duty to inform the full City Council, in closed session, of the legal violation and resulting exposure.

  3. Their failure to do so constitutes a serious breach of City policy, professional responsibility, and standard municipal practice.

  4. The concealment of the violation for nearly a year created additional legal and reputational risk for the City.



California Penal Code §933.05(f)

The statute states:


“No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.”


The Mayor’s disclosure to Cal Poly was a statutory violation. Once the City Manager and City Attorney became aware of the violation, they had duties to:



  • Notify the Grand Jury or Presiding Judge

  • Mitigate harm

  • Prevent further unauthorized disclosure

  • Inform the governing body (City Council)


City of San Luis Obispo Code of Ethics, Section II(D)

The Code states:


“Employees should not disclose confidential information… This applies to improper disclosure within the organization as well as to the public.”


When a City official violates this section, the City Manager and City Attorney must:



  • Report the violation internally

  • Ensure corrective action

  • Prevent concealment

  • Protect the City from legal exposure



Council Censure Policy (Chapter 8)The Censure Policy requires:



  • Disclosure of violations of law or serious policy breaches

  • Advisory review by the Personnel Board

  • Transparency to the full Council


The City Attorney is the legal advisor responsible for ensuring compliance with this policy.


Duties of the City Manager

Duty to Notify the Grand JuryThe City Manager is the City’s chief administrative officer. When a City official violates state law, the City Manager must:



  • Notify the issuing authority (Grand Jury or Presiding Judge)

  • Document the breach

  • Prevent further unauthorized disclosure

  • Ensure the City responds appropriately


Failure to notify the Grand Jury allowed the violation to remain concealed until discovered through a public records request.


Duty to Inform the City CouncilThe City Manager must ensure the Council is informed of:



  • Legal violations by City officials

  • Risks to the City

  • Potential exposure or liability

  • Matters requiring Council oversight


This disclosure should have occurred in closed session, consistent with practice for sensitive legal matters

.

Duties of the City Attorney

Duty to Notify the Grand JuryThe City Attorney is responsible for:



  • Ensuring compliance with state law

  • Protecting the City from legal liability

  • Advising the Council on legal exposure

  • Reporting breaches of confidentiality to the issuing authority


The City Attorney’s failure to notify the Grand Jury contradicts:



  • Penal Code §933.05(f)

  • Professional ethics

  • Standard municipal legal practice



Duty to Inform the City CouncilThe City Attorney must:



  • Brief the Council on legal violations

  • Provide analysis of exposure

  • Recommend corrective action

  • Ensure transparency and compliance with the Censure Policy


The failure to inform the Council deprived it of the ability to act and created the appearance of concealment.


The City Manager and City Attorney had clear, affirmative duties to notify both the Grand Jury and the City Council. Their failure to do so constitutes a serious breach of City policy and professional responsibility. The Personnel Board should consider these omissions as part of its evaluation of whether sufficient evidence exists to recommend a censure hearing.


in addition, the City Manager is literally a named defendant in a whistleblower lawsuit alleging, amongst other issues, that under her management, the city of SLO “diverted revenue.” Isn’t that what they call “cooking the books?”


Paso Council lmember Chris Bausch was drug through the mud and made headline new by the Tribune in 2025 because he was taking just a few months to locate download and review over 5,000 texts which the Tribune sought through a public records request. This request was part of the Tribune investigation concerning the made up Ty Lewis conspiracy theory that littered the news for months as well – turned out to be nothing beyond what appeared to be a smear campaign.


Took Ms. Stewart 6 months to release about 34 texts (just about the same time as the time remaining for the Statute of Limitations for criminal conduct to expire) concerning her leaking confidential Grand Jury documents to Poly. The Tribune in this instance provides litter press coverage or investigation in this true matter of public interest and integrity.


Both the Bausch and Stewart situation had meaningful City attorney involvement and plenty of focus is warranted on evaluating the high priced attorneys conduct.


Absolutely. The Tribune posted a lengthy article interviewing mayor Stuart about 10 days ago. It was a puff piece where they picked the Mayor’s boots and didn’t ask any questions about the other scandal unfolding with her city attorney being a named defendant in a whistleblower lawsuit alleging, amongst other disreputable actions, “diverting revenue.” I think another way of describing “diverting revenue” is called “cooking the books.” I hope they all go to jail.


Yet again, the Tribune and some public officials cover for and puff those betraying the public trust…Coastal Community Builders, Helios Dayspring, John Wallace, and Adam Hill, to name a few. Their loyalties and associations expose their character, commitments, and moral values.


Are you saying City of SLO staff unethically and contrary to the PRA delayed the release of public records?


Yes. Records released 6 months after initial request and 2 days prior to the statute of limitations that would have been able to prosecute the scumbag mayor


Whoever approved the salaries mentioned here, should be recalled.


This is rich coming from Marx. They both need to go.


Exactly what I was thinking. Talk about ethics violations.