City Paying Big For Lawsuits

The City of Hayward recently disclosed large settlements in two different lawsuits. A lawsuit from members of IAFF 1909 regarding miscalculated overtime pay was settled for $600,000. A different lawsuit filed against the City of Hayward was settled for $850,000 in response to the killing of Caleb Smith Jr. by Hayward PD. And tonight the City Council will meet in Closed Session to discuss a lawsuit filed by Heather Costa over employment discrimination, pregnancy disability leave, and the California Equal Pay Act.

The City Council also approved a new appointee to the Planning Commission. We discuss the interview process and the final results of the City Council's deliberations.

City Pays Over $1.4 Million In Lawsuits

After several months of litigation, the City Attorney announced on August 18th that a lawsuit filed by members of IAFF 1909 had been settled for $600,000. The lawsuit was filed in response to underpaid overtime expenses, especially for certain unit members who qualified for an Education Incentive program. As we reported in December, the plaintiffs alleged that the City of Hayward used faulty math to underpay the affected Firefighters by $2.50 per hour for multiple years. The plaintiffs were seeking three years of back pay, plus interest, and associated fees.

The City Attorney also announced an $850,000 settlement in the case of Smith v. City of Hayward, which was filed over the officer-involved killing of Caleb Smith Jr. According to court documents, the incident occurred in March of 2021 when attempting to track down a blue Volvo associated with a series of purse robberies and a home invasion. A vehicle matching the description was spotted in a motel parking lot. The three responding officers attempted to contain the vehicle by blocking it into a parking spot it had backed into.

Smith, who was in the Volvo, drove into the blocking police vehicles, pushing them out of the way and breaking containment. Officers, who were not in the direct path of the vehicle, "yelled verbal commands" to "turn the car off" according to officer statements. As the Volvo accelerated, officers shot into the vehicle seven times in 3.1 seconds. Smith was ordered to crawl out of the vehicle and was handcuffed before rendering medical aid. Smith died in the hospital of gunshot wounds that afternoon. Two officers were also admitted to the hospital for arm bruising and back and neck stiffness from the vehicle contact.

According to Judge Yvonne Gonzalez Rogers, "Plaintiffs provide a laundry list of allegedly unreasonable tactics, including improper vehicle containment, mismanagement of munitions, lack of deadly force warning, and positioning of officers in the vehicle’s path." But the appeals continued until the settlement was announced last month.

Labor Dispute For Jail Supervisor

The City Council is meeting today in Closed Session to discuss the case of Heather Costa v. City of Hayward. According to preview documents, the lawsuit alleges that Ms. Costa--who worked in the Police Department as a Acting Jail Administrator--was subjected to an ongoing pattern of sex discrimination including, among other things: being passed over for promotions, given less desirable shifts, micromanagement of use of sick leave, and retaliation for raising concerns.

Ms. Costa allegedly took her pregnancy disability leave and, after having to extend her leave, was given weekend graveyard shifts. In the end, she appears to have been forced to apply for disability benefits due to only having received fractional paychecks. The initial filing details the allegations and alleges that Ms. Costa informed HR on multiple occasions but was evidently not supported.

Importantly, though this lawsuit was filed late in 2025, the timeline indicates that many of the issues occurred under the purview of then-Police Chief Toney Chaplin. Given that the City Council is hearing updates on the case, it is likely that a settlement of some kind may be reached in the next several months.

Council Selects New Planning Commissioner

On August 25th, the City Council conducted interviews for applicants seeking positions on City Commissions. In a previous article the Hayward Herald noted that a rare vacancy on the Planning Commission was open. Commissioner Ron Meyers will not be seeking reappointment to the Planning Commission this year, leaving a full four-year term open to a lucky applicant. Despite 26 people applying for the open seat, only three people progressed to the interview stage: Daisy Maxion, Abigail McMurry, and Funmi Ilesanmi.

The Candidates

Daisy Maxion is a current commissioner on the Community Services Commission. According to her application, she is currently employed as the Organizing Director at Filipino Advocates for Justice. She's lived in Hayward for 20 years, and is a graduate of both Moreau Catholic High School and CSUEB with a major in Political Science. She said she wanted to join the Planning Commission "to support thoughtful, equitable growth that strengthens Hayward currently and for future generations."

Abigail McMurry has lived in Hayward for 18 years and is a graduate of Laney College and UC San Diego with a major in Political Science. According to her resume, she has a passion for advocacy, especially on international issues. She served as an intern at Democrats Abroad in Berlin and in the Political Violence Lab in Washington DC. While at UCSD she advocated for enhanced public transit in San Diego.

Funmi Ilesanmi is a data engineer for LinkedIn who moved to Hayward 10 years ago from Nigeria. She has a MA from Northeastern University in Analytics and, according to her application, she is passionate about "expanding opportunities for youth and small businesses." She highlighted her experience as a renter and her desire to implement data-informed decision making processes.

The Interviews

The City Council asked each candidate a number of questions, though not every candidate was asked the exact same questions. Councilmember Francisco Zermeño asked about the interviewee's what they would do if a 10 story building was planned for the City--something he's asked in previous years, and likely a response to the proposed development on the corner of Main and B. Councilmember Ray Bonilla asked how they see the Planning Commission advancing more equitable communities. And Mayor Mark Salinas asked opinions about proposed BART development downtown.

Other Councilmembers asked about what they knew about the commission. Councilmember Syrop asked candidates to recount previous topics tacked by the Commission. Councilmember Angela Andrews asked if there were any Planning Commission decisions that the candidates disagreed with. And Councilmember Bonilla also asked how the Commission could advance the priorities of the City Council.

Ms. Maxion answered the questions fairly competently, showing that she had done her homework on the Commission and its recent decisions. She expressed a need for community input balanced with the mandates of state and local law. She also grappled with the need for development and revitalization while also avoiding displacement and driving out long-time residents.

Ms. Ilesanmi focused on data-informed decisions, but seemed unfamiliar with recent Commission topics beyond the recent pushback around the Stack data center. She seemed to mostly be informed by social media posts and conversations with neighbors more than watching the Commission meetings and reading the agendas.

Unfortunately, it appeared that Ms. McMurry had a family emergency and was unable to attend the interview, so her application was not considered further.

In the end, the City Council unanimously supported Daisy Maxion for the Planning Commission, with Councilmember Zermeño saying, "Daisy is ready." She will be serving on the Commission for a full term, ending in 2030.