By Allen Payton

Questions surrounding the Antioch School Board’s vote to approve the Rocketship Education charter petition at last Wednesday night’s special meeting were raised at the meeting and since then. Some have asked and considered challenging if there was a quorum of members, since current Trustees Diane Gibson-Gray, Fernando Navarro and Alonzo Terry’s terms ended on Friday, December 2^nd, according to one part of the state Education Code. Both Navarro and Terry lost their bids for election. While Gibson-Gray was re-elected, she won’t take the oath of office for her new term, along with the other two election winners, Crystal Sawyer-White and Gary Hack, until this Wednesday night, December 14.

The portion of Education Code Section 5017 which has caused people to call into question the Rocketship vote, reads “Each person elected at a regular biennial governing board member election shall hold office for a term of four years commencing on the first Friday in December next succeeding his or her election.”

Therefore, they conclude there were only two voting, current members of the Board – Vice President Walter Ruehlig and Trustee Debra Vinson – at the meeting and voting on the charter school petition.

However, the rest of that section reads, “Any member of the governing board of a school district or community college district whose term has expired shall continue to discharge the duties of the office until his or her successor has qualified. The term of the successor shall begin upon the expiration of the term of his or her predecessor.”

That begged the question of what is the definition of “qualified.”

Antioch Unified School District Superintendent Stephanie Anello answered that question, today, Monday, December 12, 2016. In an email, she providing the following explain and define the various terms and how they apply to the school board election:

“‘Qualifying’ for Office

Though the law does not explicitly state what is meant by the term ‘qualify,’ many counties interpret it to mean (1) the individual won the election, and (2) the individual has taken the oath of office. Technically, an individual has not ‘won’ the election until the election results are ‘certified.’

‘Certifying’ Election Results

The elections office must provide a certified statement of the results of the election to the District within 30 days of the election. (Elec. Code, § 15372.) The law is unclear whether the election results must be ‘certified’ prior to newly elected board members assuming office pursuant to Education Code section 5017. (According to County Clerk Joe Canciamilla, the election was certified last Tuesday, December 6, 2016).

‘Declaring’ Election Results

Separate and apart from the certification requirement, Elections Code section 15400 requires the ‘governing body’ to officially ‘declare’ the winner of the election. While section 15400 does not specify who the ‘governing body’ official is, generally the county board of supervisors will ‘declare’ the winner shortly after the election. Such is the case for the District. Unlike certification, there is no express deadline or timeline for the declaration of election.

Our legal counsel advised that they recommended that the new Board be sworn in after the certification of the results. However, they also advised that a district or other entity may choose to wait until the winners are declared to avoid a situation in which the winner appeared to be one individual when, in fact, it was another.”

So, the vote on the Rocketship charter petition by the current Board of Trustees was valid, they had a quorum of members in order to take the vote that night. However, the situation could have been avoided had the Board held the required to vote on the Rocketship petition on November 28th, meeting – within the 60-day limit after receiving the petition on September 30th – as it was originally scheduled.

An attempt was made last Monday, December 5th, by current Board President Gibson-Gray to have the new trustees sworn in last Wednesday night, before the vote on the Rocketship charter petition, when she called Ruehlig and asked him to discuss it with Vinson and to decide if they wanted to do that and let her know. (That created a violation of the state’s Brown Act open meeting law, by holding a serial meeting in private of a majority of board members. Both Ruehlig and Vinson say they rejected the idea. That matter will be the subject of a separate article.) But, her term had also expired on Friday, December 2nd, so any action by her could have also been challenged, if the new board was sworn in and the Rocketship charter petition vote had failed. But, that won’t occur until this Wednesday, December 14 at 7:00 p.m. during the regular school board meeting, at the School Services Building, 510 G Street in downtown Antioch when Sawyer-White, Gibson-Gray and Hack all are given their oaths of office.

You now have MORE TIME TO VOTE in the Antioch Rivertown Holiday Store & Window Décor contest!

Be entered to win prizes from Rivertown merchants just for voting and turning in your ballot to a participating merchant by Saturday, December 17 at 5:00 p.m.

Download and print out ballots for you and a friend, by clicking here: 2016-holiday-window-decor-contest-extended-ballot

Then head down to Rivertown, take a look around and make your choice. Do a little Christmas shopping and dining while you’re there! You might also want to drive by the businesses after dark to see the wonderful lights at night.

By Dr. Lamont A. Francies

Last Wednesday, in what was truly a watershed event for the city of Antioch, the Antioch Unified School District Board of Education voted 3-2 to approve the application by Rocketship Education to open a public, elementary, charter school in our town.  A multicultural coalition of community members turned out in large number to support a better future for our children. The community rejected the soft bigotry of low expectations often placed on students of color, and instead advocated for educational opportunity for all, not just those with the economic means to obtain a better option for their children.

The night was not about reproving teachers, but improving students. The decision gave parents options when facing educational obstacles. We can no longer afford to be more interested in saving schools than saving the children that actually occupy them. For people of color, education has long been a ticket to freedom, a ladder out of the pit of poverty, thus making it the civil rights issue of our time. African-Americans seeking a better life have been proponents of school choice since the days of slavery.  They created Freedom Schools, now the Historically Black Colleges and Universities, which rebelled against Jim Crow and economic exploitation.

In the end, though, enough Board members recognized that the conversation had to change.  This wasn’t about good versus bad teachers, but a lack of viable options, a lack of real choices, a lack of competition that has resulted in a system that, for too long, has simply become, “a pipeline to prison” for many young people in our community.

Too many of our schools have become failure factories more interested in filling seats than filling minds.  Wednesday night was about breaking up the bureaucracy and giving parents today the choice for a better tomorrow. In 2016, failure is no longer an option, good intent must be replaced by better outcomes. The arrival of high performing schools is good for all mediums of education in Antioch because at the end of the day: rising tides lift all boats.

Francies is a former counselor in the Antioch school district and pastor of Delta Bay Church of Christ in Antioch.

Senators Blumenthal, Booker applaud passage, introduce companion bill

Earlier this week, the U.S. House of Representatives passed Congressman Jerry McNerney’s (D, CA-09) bipartisan bill, H.R. 6394, the Improving Broadband Access for Veterans Act of 2016.  Congressman Adam Kinzinger (IL-16) was the lead Republican co-sponsor. A companion bill has been introduced in the U.S. Senate by Senator Richard Blumenthal (D-CT) and Senator Cory Booker (D-NJ).

“Having broadband internet service is important for the more than 20 million veterans across our nation, with the highest population residing in California,” said McNerney. “A broadband internet connection helps veterans apply for jobs more easily, communicate with family and friends, keep up with current events, and obtain health care services. Veterans face many challenges when they return home; being without broadband access should not be one of those challenges. I commend my colleague Rep. Kinzinger for his efforts on this bill and the House for passing it with overwhelming support.”

Low-income veterans and veterans residing in rural areas are at a higher likelihood of not having broadband internet service. The U.S. Census Bureau and the Pew Research Center both report that broadband adoption rates are significantly lower among Americans who live at or below the federal poverty level. Analysis by the National Telecommunications and Information Administration at the U.S. Department of Commerce further finds that broadband adoption rates in rural areas of the country are lower than in urban areas

H.R. 6394 directs the Federal Communications Commission to produce a report examining the current state of broadband internet access for veterans and what can be done to increase access, with a focus on low-income veterans and veterans residing in rural areas. The report must include findings and recommendations for Congress and be completed within one year of the bill’s enactment.

“The findings and recommendations from this report will be key for paving the way to get more veterans connected and help close the digital divide,” McNerney added.

“I am proud to co-lead H.R. 6394, which aims to improve broadband access for our veterans – especially those in rural areas, or those unable to afford it. After serving tirelessly to protect our country, veterans face many challenges when they return home. This bill is the first step towards alleviating one piece of the transition back into civilian life through the benefits afforded by broadband access – from connecting with family and friends, applying for jobs, accessing information on benefits and health services, and much more. Thanks to Congressman Jerry McNerney for working with me to introduce this legislation.” said Rep. Kinzinger.

H.R. 6394 passed the House by 411-4.  A companion bill, S. 3501, has been introduced by Senators Blumenthal and Booker.

“This important legislation will bring to light the key hurdles hindering veterans’ access to broadband, and pave the way for meaningful action to ensure veterans have the information and tools they need to successfully navigate the transition from the armed services to civilian employment. Access to broadband is essential to conduct daily activities, pursue job and housing opportunities, obtain quality health care services, and stay in touch with family members,” said Blumenthal.

“In the digital age, broadband access is not a luxury — it’s a necessity. The Improving Broadband Access for Veterans Act will help close the digital divide and will ensure that the men and women who have sacrificed so much for our country have access to tools for communication and future success,” said Booker.

McNerney represents California’s 9th Congressional District that includes most of Antioch and other portions of Contra Costa and Sacramento Counties, and most of San Joaquin County. For more information on Rep. McNerney’s work, follow him on Facebook and on Twitter @RepMcNerney.

Publisher’s Note: This is the final report from November as there wasn’t one provided for the week of Nov. 16-23. It has been requested.

Antioch Police calls for service highlights as published in City Manager Steve Duran’s Weekly Report dated December 2, 2016 and provided by Chief of Police Allan Cantando.

Calls for Service and Arrest Data Summary

Time Period: 11/24/16 00:00:00 – 11/30/16 23:59:59

Number of Calls for Service: 1,449

Number of Case Reports: 267

Number of Arrests: 55

Felony: 27

Misdemeanor: 27

Infraction: 1

Arrests with DUI charge: 2

The data is based upon unaudited CAD/RMS data at time of report generation.

• ·11/30/16 at 10:55 pm, an officer contacted 45 year old Luis Flores at Lucena Wy. and Anza Ct. and found him to have a warrant for his arrest. Flores was taken into custody without incident and booked into County Jail on his warrant.
• ·11/30/16 at 7:30 pm, officers responded to a vehicle collision at Sunset Dr. and Hillcrest Ave. When officers arrived on scene, they learned 29 year old Juan Gonzalez entered Sunset Dr. going eastbound at a high rate of speed. He was traveling in the westbound lanes into oncoming traffic and collided with a vehicle in the #1 lane, side swiping it. Gonzalez continued traveling in the wrong direction and collided head on with a second vehicle. All involved vehicles were totaled. Gonzalez tested positive for alcohol and was transported to an area hospital for complaint of pain. One of the other involved drivers was also sent to an area hospital with a complaint of pain as a result of the collision. Gonzalez was eventually cleared and sent to County Jail for felony DUI.
• ·11/30/16 at 10:19 am, an officer saw 21 year old Clinton Wilson driving while talking on his cell phone and conducted a traffic enforcement stop on him. The officer got consent to search Wilson’s vehicle and located a .40 caliber Glock handgun in the passenger compartment of the vehicle. He also located over an ounce of marijuana, $1060 in cash and a digital scale. The gun, drugs, and cash were seized and Wilson was arrested and sent to County Jail on drug sales and weapon possession charges.
• ·11/29/16 at 5:19 pm, an officer responded to the 99 Cent store at 2515 Somersville Rd. on a report of a stolen vehicle located there. The officer parked his patrol car in the parking stall next to the stolen vehicle. His patrol vehicle was in a position that it was not visible from anyone exiting the store because the stolen vehicle was a full size Suburban. 21 year old James Coker exited the 99 Cent Store and attempted to get into the stolen vehicle while not realizing the officer was on the other side. Coker was arrested without incident for the stolen vehicle and sent to County Jail.
• ·11/29/16 at 8:27 am, officers responded to Antioch Produce at 1625 A St. on a report of transients sleeping next to the business. Officers made contact with 32 year old Latasha Giles who was trespassing on the property. She was arrested and sent to County Jail on a likely to continue. Officers also contacted 35 year old Evila Briones who was found to have 4 warrants for her arrest. She was also taken to County Jail on her warrants. ·11/28/16 at 11:47 pm, an officer made a traffic stop on 31 year old Travis Marquez for vehicle code violations. Marquez was found to be on felony probation and asked to step out of the vehicle for a search. Officers noticed what appeared to be a firearm at Marquez’s feet and quickly detained him in handcuffs. The firearm was recovered and determined to be a realistic replica which had the orange tip removed to make it look more realistic. Marquez was booked at County Jail for removing required markings from a replica firearm and a probation violation.
• ·11/28/16 at 11:20 pm, officers responded to a home on Cypress St. for a report of possible trespassers at the residence. Officers contacted 46 year old James Marglin at the residence who had a warrant for his arrest. Marglin was arrested without incident and he was sent to County Jail.
• ·11/28/16 at 12:28 pm, an officer was attempting to clear the Bonfaire parking lot when he contacted 36 year old Roshawn Hudson who had an outstanding felony arrest warrant for DUI. Hudson was arrested without incident and sent to County Jail.
• ·11/28/16 at 2:06 am, officers contacted 32 year old Christopher Gleason who was causing a disturbance at Denny’s on Somersville Rd. Gleason is a constant problem at Denny’s and he has been warned in the past not to return or he would be arrested for trespassing. Gleason was arrested for trespassing and released on a citation.
• ·11/27/16 at 11:15 pm, officers attempted to catch up to a reckless driver in the Sycamore corridor. Several officers were already in the area and had the vehicle contained to a few blocks. The driver, 22 year old Daniel Gutierrez, pulled over and fled on foot but was immediately apprehended. A female passenger also fled on foot and was not located. Gutierrez was uncooperative and did not give a reason for avoiding the police. Gutierrez was cited for the reckless driving and his vehicle was towed on a 30 Day hold.
• ·11/27/16 at 5:00 pm, an officer ran a license plate of a stolen vehicle parked in the Economy Inn parking lot. He watched 23 year old Sergio Figueroa-Hernandez exit the stolen vehicle and go into a room at the motel. Once additional officers arrived, the occupants of room were contacted and detained without incident. Figueroa-Hernandez was positively identified by the original officer on scene. 24 year old Christian Zamudio-Pulido possessed shaved keys and admitted to possessing a second stolen vehicle also parked in front of the room. 30 year old Juan Lopez and 34 year old Ana Ruiz-Espinoza were found to be on probation for stolen vehicles and burglary. During a search of the room, an excess of stolen property, mail, checks, identifications and indicia to the stolen vehicle were located. Several checks were found to be in different stages of being altered, some changed to Ruiz-Espinoza’s name. All were arrested at the scene. 6 victims were positively identified; numerous others are still being tracked down.
• ·11/27/16 at 3:40 pm, an officer was informed by one of the CSO’s working in the APD jail that 41 year old Andrew Yaar had missed his annual sex registrant appointment and was out of compliance (approximately 3 months). An officer contacted Yaar at his residence (group home on Viera Ave) to see why he missed his appointment. Yaar stated he could not get a ride to the police department, even though the group home provides transportation. Yaar was arrested without incident and transported to County Jail.
• ·11/26/16 at 11:04 pm, an officer conducted a suspicious vehicle check at Dallas Ranch Park. He contacted 18 year old Jennifer Walters and 25 year old Brett Sargent in the vehicle. An officer smelled a strong odor of marijuana coming from within the vehicle. Walters told the officer she had 1/8th of an ounce of marijuana in her purse and consented to a search of her vehicle. The officer located a jar with an additional ounce on the backseat floorboard. He also located over $300 in cash, individually packaged baggies of marijuana and another small baggie with approximately 1/8th of an ounce. Walters denied selling marijuana and consented to a search of her text messages; which showed numerous discussions for sales. She was placed under arrest and transported to County Jail for drug sales.
• ·11/26/16 at 6:38 pm, officers contacted 25 year old Tiffany Duncan as the rear passenger in a vehicle during a routine traffic stop. Dispatch advised she had a warrant for her arrest. She was arrested without incident and transported to County Jail.
• ·11/26/16 at 1:03 am, officers contacted 28 year old Michael Urrutia during a suspicious vehicle check at Wendy’s at 1809 A St. A name check on Urrutia revealed a no bail warrant for a stolen vehicle. Urrutia was arrested and transported to County Jail.
• ·11/25/16 at 10:25 pm, officers responded to Target on a report of a theft. Officers learned that Loss Prevention attempted to stop 19 year old Malik Edwards and a 17 year old male accomplice as they attempted to exit the store with a shopping cart full of Playstations without paying for them. Edwards attempted to flee on foot leaving his friend and the cart behind, but he was tackled by uniformed Security who had staged outside the doors. He was later released on a signed promise to appear. The 17 year old was released to his guardian on a juvenile citation.  11/25/16 at 7:58 pm, officers were dispatched to the 7-11 on E.18th St on a report of a male passed out behind the wheel. Upon arrival, officers contacted 34 year old Charles Davis in the driver’s seat in the parking lot. Davis’ vehicle was running and he had open containers inside the car. Davis woke up when officers knocked on the window. He displayed objective symptoms of being under the influence and was belligerent with officers. Davis was taken into custody without incident and was taken to the APD jail for a sobering period. Davis was later released with a signed promise to appear.
• ·11/25/16 at 2:27 pm, an unknown adult female brought a dog to Animal Control to drop off despite the fact the facility was closed. The female suspect became irate and belligerent when she was informed Animal Control was closed for the day and threw the dog over the back fence into the back of Animal Control. An Animal Control Officer and Animal Control Attendant came out to confront the suspect, and the suspect punched the ACO in the face twice. The ACO was able to use her cell phone to get a picture of the suspect and her car, but the suspect grabbed the cell phone out of her hands. A struggle ensued over the phone and the ACO was ultimately punched in the face again and the ACA was bitten on the arm by the suspect. The ACO was able to get her phone away from the suspect but was knocked to the ground by the suspect’s vehicle as she fled the scene. At this point, dispatch was notified and officers responded to Animal Control. An extensive area check was completed but the suspect was not immediately located. Later in the day, an officer was able to locate the suspect, 39 year old Jenita Davis, and arrest her on various charges to include attempted robbery and felony assault. Davis was later sent to County Jail.
• ·11/25/16 at 7:57 am, officers conducted a pedestrian stop of 26 year old Eddie Ford on Bryan Av. at Sunset Dr. Ford was acting suspicious and trying to avoid police contact. Upon contacting Ford he became belligerent and aggressive. Ford was on probation, but did not want to be searched. Ford tried to pull away from an officer, and he was taken down to the ground. Ford kicked another officer in the leg during the incident, and he was ultimately handcuffed and arrested. Ford had a small amount of cocaine on his person and a concealed pocket knife. He was taken to County Jail for drug possession and weapons charges.
• ·11/25/16 at 4:45 am, an officer contacted 27 year old Dillan Woods at the Ramada Inn after officers responded to the report that he was walking through the motel randomly knocking on doors. Woods was found to be under the influence of a controlled substance and taken into custody without incident. A records check showed him to be on Parole. Woods was booked into County Jail.
• ·11/25/16 at 2:37 am, an officer contacted 29 year old Scott Zickefoose during a pedestrian stop at Mark Twain Dr. and Mokelumne Dr. He was found to have a warrant for his arrest. He was released on a signed promise to appear.
• ·11/25/16 at 12:44 am, an officer made a traffic enforcement stop for vehicle code violations. 38 year old Shane Oroark was contacted in the driver’s seat and was found to have a no bail Ramey warrant for a parole violation. Oroark was taken into custody without incident and was transported directly to County Jail.
• ·11/24/16 at 6:52 pm, officers contacted 25 year old, Jimario Fuller, in front of Romi’s for loitering. During a consent search of his person, officers located suspected methamphetamine. Fuller is on active probation for narcotics violations and he was sent to County Jail on drug charges. While at County Jail, deputies located additional suspected methamphetamine on his person along with approximately 20 grams of an unknown white powdery substance. Fuller was then booked into County Jail with the additional drug charges.
• ·11/24/16 at 2:14 pm, officers were dispatched to the Holy Cross Cemetery for shots fired inside of the cemetery. A male wearing a red sweatshirt and beanie shot 4 rounds at a car that was leaving the cemetery. A witness said the suspect fled the cemetery in an older dark maroon Impala. Most of the Norteno and Sureno Highway 4 shooting victims from earlier this year are buried at this cemetery. It appears that rival gang members were most likely at the cemetery at the same time. The victims never called to report the shooting and no one ended up at the hospital.

Antioch’s new Mayor Sean Wright receives a standing ovation from his fellow council members, City Clerk Arne Simonsen and the audience after taking his seat and the reorganization of the council, Thursday night, December 8, 2016.

Following is the written portion of the speech offered by Dr. Sean Wright, the new Mayor of Antioch following his oath of office, Thursday night, December 8, 2016

Wright’s son Tyler of Boy Scout Troop 493, leads the posting of the colors and the Pledge of Allegiance to begin the ceremonies, Thursday night.

“The oath that I have taken tonight is the same oath that was taken by many Mayors of Antioch for over 100 years.  I assume this position after one of the closest Mayoral elections this town has ever seen.  I will start my term with nervous trepidation of the things that I don’t know that I don’t know and optimistic excitement of the vision that I have for Antioch.

I am acutely aware that I did not win in a landslide and that 65% of the voters voted for someone other than me.  I am also aware that 65% of you voted for change.  My goal is to bring us together as one Antioch and guide us to the future that we all desire for our town whether you have lived here forever or recently joined us.  I ask you to confirm me as your Mayor with your prayers. And I hope that such prayers will be the first of many.

I sought this opportunity and understand the enormous responsibility. Thank you to those who supported me with your time, donations and dedication in a campaign that never seemed to end.  My supporters were diverse in party, age, gender and ethnicity and truly represented the Antioch that I will serve.  Some were friends already and some became my friends as we toiled together to share our message.   It is only fitting then that I should pledge to you that I will be a Mayor of all the people.

Gandhi once said that the best way to find yourself is to lose yourself in the service of others and Muhammad Ali taught that service to others is the rent you pay for your room here on earth.    I am excited for the opportunity to continue my service to this community in this important role.

Led by coral director Michelle Stark, the Divine Voices of Deer Valley High School sang the national anthem at the beginning of the ceremonies, Thursday night.

I believe that truth is the glue that holds government together and keeps government accountable.  Transparency is the prism by which we share that truth and I look forward to working with you to gain your trust.  Whether it is Measure C, the Downtown Specific Plan, our police department and our caring for animals I look to help shed light, find solutions and bring us together.

In all my public and private acts as your Mayor, I expect to follow my instincts of openness and candor with full confidence that honesty is always the best policy in the end.

Friends and neighbors a change is coming to Antioch.

Our government works; elections give us a voice.  The people do rule. But there is a higher power, by whatever name we honor him I ask for his help and your prayers.  Let us honor, respect and listen to one another as we come together to improve our city and our home.

In the beginning, I asked you to pray for me. Before closing, I ask again your prayers, for those that served this city with all of their hearts.   Thank you to Mayor Wade Harper and Councilwoman Mary Rocha for their years of service.

I pray for the wisdom of Solomon and affirm to you my promise to do my best to serve this city with all my heart, mind and strength and to make Antioch the place that our friends want to live.”