Antioch resident files complaint with DA over City’s use of water and sewer funds for police

By Allen Payton

Today, Tuesday, August 4, 2015, Antioch resident and real estate broker, Mark Jordan filed an official complaint with the Contra Costa District Attorney’s office against Antioch’s mayor and council members for their approval of the city’s use of water and sewer funds for police.

This is a continuation and escalation of his effort to end the practice, in response to a Antioch Herald column on the issue posted to the newspaper’s website in June, which can be viewed here.

After placing the council on notice and threatening to file a complaint with Antioch Police Chief Allan Cantando at the most recent City Council meeting on July 28, 2015, Jordan attempted to do so. However, in an email exchange between the two, including Cantando asking Jordan to cite the the specific Penal Code that the Council was violating, the Chief wrote “We have been in discussion with the Contra Costa County District Attorney’s Office, Government Corruption Unit regarding your complaint. They have advised that your best course of action would be to contact them directly via their ;Complaint Form’ available at the link below.”

Jordan has pursued that course of action.

His felony complaint, which can be viewed here, (Jordan Complaint.City of Antioch to DA), states “All Citizens of the City of Antioch” are victims, gives the type of violation as “Illegal transfer of public Funds, et all” [sic] and the nature of complaint as “Violation of Oath of Office, Violation of State of California Constitution,” specifically Propositions 13, 26 and 218. Jordan claims there is no connection between the collection of sewer and water funds paid for by Antioch ratepayers and spending them on police.

I claim that the illegal transfers from the Antioch Water and Sewer Funds are a taking from the public without basis in law, legal nexus or legal justification and that this taking of public funds is public malfeasance and grand theft pursuant to Penal Code 487, a felony,” the complaint states. “A legal nexus is required by law and none exists.”

Jordan further claims that the transfer from the sewer and water funds to the police department budget amounts to a tax without a vote of the people.

Also; that this transfer is a creation of windfall for the General Fund and is nothing short of a specific tax without voter approval as required by the State Constitution.”

He cites two lawsuits, one each against the City of San Juan Capistrano and the other against the City of Redding, California to support his argument.

The next step is for the District Attorney’s office to decide whether or not to deliver Jordan’s complaint to the county Grand Jury.

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the attachments to this post:

Jordan Complaint.City of Antioch to DA
Jordan Complaint.City of Antioch to DA


One Comment to “Antioch resident files complaint with DA over City’s use of water and sewer funds for police”

  1. karl dietzel says:

    since my public comments did not show up here, I just write the things down I said at this council meeting.

    we tax payer always hear the city employees cry us a river in regards to their salaries, so I did some research , which by the way everybody can do at http://www.mercurynews.com/salaries/bayarea , search word: contra costa county, and : Antioch.
    all the data one will find are not made up by some reporters, no, they are report by the city of Antioch.
    I found 22 pages with city employees, and took 16 out of the first 4 pages.
    the results are mind-boggling, at least to be.

    so here it come from the top down, year 2014

    chief of police $ 407,227 (cost of employment)
    temp. police position $ 373,448 (cost of employment)
    police employee $ 329,275 (cost of employment)
    city manager $ 307,883 (cost of employment)
    police employee $ 302,672 (cost of employment)
    police employee $ 299,000 (cost of employment)
    police employee $ 295,804 (cost of employment)

    other city employees

    wtp operator with certificate $ 193,263 (cost of employment)
    maintenance helper, com. center $ 210,437 (cost of employment)
    wtp operator with certificate $ 181,924 (cost of employment)
    water treatment operator $ 180,366 (cost of employment)
    water quality analyst $ 172,381 (cost of employment)
    maintenance lead worker $ 140,904 (cost of employment)
    lifeguard $ 132,711 (cost of employment)

    some comments to overtime

    police employee base salary $ 104,962 overtime $ 90,594
    $ 293,039 (cost of employment)

    it is un-responsible from the department head and city manager to allow that our employees work almost double over time. it endangers the employee, when does he spend time with his family, and it increases the risk of wrong decision making.

    I urge everybody to visit http://www.mercurynews.com/salaries/bayarea

    I did also mentioned that Antioch has an median household income of $ 61,000

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