The former director of Berkeley’s police accountability office has filed a lawsuit against the city and its mayor, alleging wrongful termination after attempts to investigate officer misconduct and enforce departmental obligations.
Hansel Aguilar, who led the Office of Police Accountability until his dismissal earlier this year, filed the complaint in Alameda County Superior Court on Friday. The lawsuit names the City of Berkeley and Mayor Adena Ishii as defendants, seeking damages for what Aguilar describes as systematic obstruction of his oversight duties.
Aguilar, a 38-year-old Afro-Honduran American with a doctorate in sociology and over ten years of police oversight experience, was selected through a national search process to assume the position in October 2022. The Office of Police Accountability operates as an independent civilian oversight body established by city charter, separate from the city manager’s authority.
According to the complaint, Aguilar’s employment agreement required the city council to establish objective performance measures within three months of his appointment. These measures were never implemented, despite Aguilar’s repeated requests for evaluations over the course of his tenure. City officials reportedly assured him that a consultant would be retained to conduct assessments, but no such arrangement materialized.
Conflicts with the Berkeley Police Department emerged early in Aguilar’s tenure. In April 2023, he submitted a memorandum to a councilmember outlining the department’s alleged failure to provide records within charter-mandated timelines. The memorandum identified specific instances where delayed access was impeding active investigations. In response, then-acting Police Chief Jennifer Louis accused Aguilar in writing of making repeated fabrications and stretching facts, claiming he was acting intentionally to discredit the department’s integrity. These accusations were subsequently read aloud during a public council meeting in May 2023.
A significant dispute arose in June 2025 when Aguilar’s office received a complaint regarding officers’ conduct during the clearing of an encampment of unhoused individuals. The complaint alleged violations of department policy on public recording of law enforcement activities and infringement of constitutional rights. Following partial compliance with a July 2025 records request, Aguilar issued an administrative subpoena in August 2025.
The subpoena triggered a legal dispute that remained unresolved at the time of Aguilar’s termination. While the city attorney’s office initially acknowledged a conflict and suggested outside counsel could be retained if funding permitted, later court filings contradicted earlier guidance by asserting that Aguilar lacked authority to pursue enforcement without prior council approval.
Aguilar’s complaint alleges that Mayor Ishii restricted his ability to participate in public forums. When he attempted to speak during public comment periods at council meetings on matters concerning his office, Ishii reportedly told him it was inappropriate, even as Berkeley police officers were permitted to address the council on policing matters.
In October 2025, Aguilar placed agenda items before the council concerning his office’s investigative authority in his capacity as a charter officer. According to the complaint, councilmembers and the mayor responded with public criticism, characterizing him as being in constant opposition.
On February 9, 2026, the city council voted in closed session to remove Aguilar without advance notice. His separation became final on March 10, 2026. Aguilar claims the city failed to timely pay his accrued leave, with his final paycheck not arriving until March 20.
The lawsuit also alleges that a hiring freeze imposed on his office was applied in a discriminatory manner not used in other city departments, compromising the office’s ability to complete investigations within the 120-day deadline required by the city charter.
Aguilar’s legal action asserts five causes of action, including whistleblower retaliation under California Labor Code section 1102.5, retaliation and discrimination under the Fair Employment and Housing Act, interference with California Family Rights Act protections, harassment, and wrongful termination in violation of public policy. He is also seeking punitive damages against Mayor Ishii individually.
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