Archive for August, 2022

OPINION: Federal Speak Out Act ignores victims’ right to remain private

Thursday, August 18th, 2022

By Sally C. Pipes

A new proposal in Congress aims to allow victims of sexual misconduct to go public with their stories.

That goal is admirable. But as written, the legislation — the Speak Out Act HR8227, which was introduced in both the House and Senate in recent weeks — will force victims to go public, even if they don’t want to.

That’s hardly pro-women. Many victims prefer to settle claims out-of-court to avoid both the costs and inevitable publicity of litigation.

Supporters claim the measure targets pre-dispute non-disclosure and non-disparagement agreements. These agreements are incredibly common when someone begins a new job – more than one in three U.S. workers are bound by such agreements. Supporters of the Speak Out Act applaud the bill for banning the enforcement of such agreements in instances of sexual harassment or assault.

Dig into the details of the Speak Out Act, however, and it becomes clear that the bill is written much more broadly than that.

The legislation defines the term “pre-dispute” as any agreement that is signed before a lawsuit is filed — even if that agreement is reached weeks, months, or years after the incident occurred.

That’s a problem because many out-of-court settlements involve their own non-disclosure agreements. The bill would effectively invalidate these NDAs. Only agreements reached after litigation has commenced — where the claims are publicized in court, complete with lawyers — could have enforceable NDAs.

In other words, the bill would make it virtually impossible for employees to settle sexual harassment or assault claims out of court. That hardly counts as progress — unless you’re a trial lawyer.

For one, lawsuits tend to be an expensive undertaking. Despite significant litigation costs and attorneys’ fees, they don’t always yield justice for the average person.

That’s not to mention the personal costs that litigation can exact on claimants. Many victims of sexual assault or harassment would rather not make their claims public — which a lawsuit requires. More than that, the discovery process in these lawsuits can be stressful — and may reveal embarrassing personal details the claimant would rather keep private.

For all these reasons, many victims of workplace sexual misconduct prefer to leave the courts out of it — and instead reach a private settlement with their employer. Under the Speak Out Act, this sort of approach will no longer be available. Any worker who wishes to resolve their claim for workplace sexual misconduct will need to hire a lawyer, file a lawsuit, and endure the uncertainties, stresses, and costs of litigation.

Add all these costs up, and it’s possible that the Speak Out Act could result in more women remaining silent.

Even if the Speak Out Act weren’t so poorly written, it would remain a troubling instance of congressional overreach. It’s far from clear that lawmakers have the authority to nullify private agreements signed between workers and their employers, even if their intent is to help victims of sexual assault and harassment.

Sexual assault and harassment victims deserve every opportunity to seek justice. But the Speak Out Act doesn’t advance that goal.

Sally C. Pipes is President, CEO, and Thomas W. Smith Fellow in Health Care Policy at the Pacific Research Institute. Her latest book is False Premise, False Promise: The Disastrous Reality of Medicare for All (Encounter 2020). Follow her on Twitter @sallypipes. This piece originally appeared in Newsmax.

 

Antioch Elections Update: 3 run in City Council District 1, 4 in District 4, 2 run in School Board Area 5, only 1 candidate in new Area 2

Monday, August 15th, 2022

Get to know school board Trustee Area 2 candidatDr. Jag Lathan

Dr. Jaguanana “Jag” Lathan at the County Clerk’s Office after filing her nomination papers on Wednesday, August 11, 2022. Source: Lathan’s campaign Facebook page

By Allen D. Payton

The list of candidates for two seats on the Antioch City Council and Antioch School Board for the November elections finalized on Friday. Three incumbents, Councilwomen Tamisha Torres-Walker in District 1 and Monica Wilson in District 4, and Trustee Mary Rocha in the new Area 5 will run for re-election with each facing challengers. Only one person filed to run in the new school board Trustee Area 2, Dr. Jaguanana “Jag” Lathan. As previously reported, current trustee and Antioch City Clerk Ellie Householder is not running for re-election to the school board and can’t as she moved into Area 1 sometime in the past two years.

Council District 1 

In City Council District 1 incumbent Tamisha Torres-Walker will again face former Antioch councilwoman and school board trustee Joy Motts, as well as former school board trustee Diane Gibson-Gray. Two other candidates didn’t file their nomination papers by the 5:00 p.m. deadline on Friday, August 12, including 2020 mayoral candidate Gabriel Makinano and Gregory Stornetta.

Stornetta responded to an inquiry writing, “I did pull papers, however, have decided not to file. I may pursue a run come next term, just felt that I needed more time to prepare, interact with the community, etc. if there is a possibility that I may win, I want to be sure that I’m fully prepared to take on the role.”

Council District 4 

After voting for a gerrymandered redistricting map that moved current District 3 Councilwoman Lori Ogorchock into District 4, incumbent Monica Wilson will face her council colleague, plus one of her 2020 opponents and one other challenger in an effort to be re-elected for a fourth term. Both former Antioch Police Crime Prevention Commission Chair and 2020 council candidate Sandra White and retired Richmond Police Lt. Shawn Pickett filed papers to run.

08/16/22 UPDATE: According to the City Clerk’s office former Antioch Police Crime Prevention Commissioner and real estate broker Michael Gadams filed papers on Friday to run in Council District 4 but did not qualify due to a lack of valid signatures of registered voters on his nomination papers. He needed a minimum of 20 but only had 18. That leaves four candidates in that race.

Area 5 Trustee Rocha Faces One Challenger

According to the County Elections Candidate List issued Friday night, incumbent Antioch School Board Trustee Mary Rocha will be running for re-election facing one challenger, Dominique King. According to her campaign website she is an Antioch Parks and Recreation Commissioner and a member of the Antioch Middle School Site Council.

New Trustee Area 2 Candidate Dr. Jag Lathan

UPDATE & CORRECTION: Because no other candidate filed to run for school board in the new Area 2 following the district’s redistricting process finalized earlier, this year, Dr. Jag Lathan will be the only candidate on the ballot. Because there is no current incumbent for the area, the filing period was extended for five more days until Wednesday, August 17 at 5:00 p.m. An earlier version of this report claimed she had automatically won the race. But other candidates could still file by the extension deadline and official write-in candidates can still file to run, later.

In a post on her campaign Facebook page on Wednesday, August 11 Lathan wrote, “It’s official! After working in public education for over 20 years I have decided to throw my hat in the ring and run for a seat on the Antioch Unified School Board. Kids educations and futures are important to me. I know firsthand when students experience an excellent TK-12 education their lives change for the better. I am super excited and hopeful you will take this ride with me! Donations and volunteers needed and appreciated. Elections November 8, 2022. See the link below for more information about my campaign. https://www.drjagforausd.com/

Lathan’s campaign was about equity and impact, “ensuring all students have access, opportunities, and supports to thrive in school” and to “empower teachers, administrators, and support staff to make transformational changes.”

According to her LinkedIn profile Lathan worked last year for nine months for the Alameda County Office of Education as Acting Chief of Learning and Accountability (Chief Academic Officer) and for six years prior to that for the San Diego County Office of Education as Executive Director, Equity and Executive Leadership Coach. From Sept. 2018 through May 2019, she was a Leading for Equity Fellow of the National Equity Project.

According to her campaign website, Lathan currently works as the Chief Executive Officer of New Generation Equity and founder of Amara Leaders, a nonprofit organization.

According to the New Generation Equity website the company “partners with organizations and leaders to strengthen their diversity, equity, inclusion, and belonging efforts with effective planning and implementation strategies. These actions bring people and organizations closer to the liberated systems they dare to dream.”

According to the Amara Leaders website, the organization is “dedicated to advancing the exceptional leadership of Black women across industries. Together, with our allies, we support Black women to lead at our greatest level of impact so that everyone benefits from the diversity of perspective and our daring leadership.”

More details will be provided about each candidate running in the city council and school board races over the next few weeks.

 

 

FaithPrep California opens enrollment for online Christian school program serving grades K-12

Saturday, August 13th, 2022

SAN DIEGO, Calif., Aug. 12, 2022 /Christian Newswire/ — Enrollment is now open for the 2022-23 school year at FaithPrep California, a new private online learning option for students in grades K-12.

FaithPrep California is a program of the Rock Academy in partnership with Faith Academics, a Tampa-based education company, and Stride, Inc., the leading provider of digital learning products and services across the country. The full-time program will offer California families a unique school experience that is online, faith-based, and life-focused.

The FaithPrep education model offers a world-class online learning platform that utilizes award-winning curriculum taught by licensed Christian teachers. Students are provided the tools, resources, and support needed for success in a virtual school environment. The program also integrates the Servant Learner™ program that focuses on Christian character development, social, emotional and leadership formation, and life preparation.

One of the distinctive features of FaithPrep California is the options for students to take online dual enrollment courses and earn college credits through the Faith Collegiate program as well as career readiness courses and earn industry certification through the Faith Pathways program.

Students will also be able to attend learning hubs or “Faith Centers” in certain locations around the state. These hubs will promote socialization with other students, offer faith-enrichment activities and provide general program support. The initial Faith Centers in California will be at several of the Rock Church campuses in San Diego. An Information Session will be held at 6:30 pm on August 17th at the main Rock Church campus at 2277 Rosecrans Street in San Diego.

Enrollment is open to all California residents in grades K-12. Tuition is $6,250 for grades K-5, $6,750 for grades 6-8, and $7,250 for grades 9-12. There is a $200 annual enrollment fee. Fees for Faith Centers and Faith Collegiate courses are additional. Families affiliated with the Rock Church get a discount on tuition. FaithPrep California opens August 15 and students begin classes on August 29th.

FaithPrep California is part of a global network of online Christian schools and programs that includes FaithPrep Academy, FaithPrep Academy of Indiana, FaithPrep Florida and FaithPrep Asia. More information about the program and the upcoming Information Session at the Rock Church can be found at www.faithprepcalifornia.com.

Faith Academics is a faith-based learning company that supports and helps operate a network of private online Christian schools and homeschool programs for students in grades K-12 across the globe. More information can be found at www.faithprep.com.

Governor Newsom announces Water Supply Strategy for a hotter, drier California in Antioch on Thursday

Thursday, August 11th, 2022

With local and state officials joining him, Gov. Newsom speaks during a press conference at the site of the Antioch Brackish Water Desalination project to announce his Water Supply Strategy on Thursday, August 11, 2022. Photos by Allen D. Payton

Outlines actions needed now to invest in new sources, transform water management

Without action, state officials believe California’s water supply could diminish by up to 10% by 2040

Introduces former L.A. Mayor Villaraigosa as state’s new infrastructure czar

Antonio Villaraigosa was introduced by the governor as the state’s new infrastructure czar.

ANTIOCH – Hotter and drier weather conditions could reduce California’s water supply by up to 10% by the year 2040. To replace and replenish what we will lose to thirstier soils, vegetation, and the atmosphere, Governor Gavin Newsom on Thursday announced in California’s latest actions to increase water supply and adapt to more extreme weather patterns caused by climate change. Click here to read California’s Water Supply Strategy.

Thursday’s announcement at Antioch’s $110 million Brackish Desalination project follows $8 billion in state investments over the last two years to help store, recycle, de-salt and conserve the water it will need, generating enough water in the future for more than 8.4 million households by 2040.

The actions, outlined in a strategy document published by the Administration called “California’s Water Supply Strategy, Adapting to a Hotter, Drier Future” calls for investing in new sources of water supply, accelerating projects and modernizing how the state manages water through new technology.

This approach to California’s water supply management recognizes the latest science that indicates the American West is experiencing extreme, sustained drought conditions caused by hotter, drier weather. It means that a greater share of the rain and snowfall California receives will be absorbed by dry soils, consumed by thirsty plants, and evaporated into the air. This leaves less water to meet the state’s needs.

“The best science tells us that we need to act now to adapt to California’s water future. Extreme weather is a permanent fixture here in the American West and California will adapt to this new reality,” Governor Newsom said. “California is launching an aggressive plan to rebuild the way we source, store and deliver water so our kids and grandkids can continue to call California home in this hotter, drier climate.”

To help make up for the water supplies California could lose over the next two decades, the strategy prioritizes actions to capture, recycle, de-salt and conserve more water. These actions include:

  • Creating storage space for up to 4 million acre-feet of water, which will allow us to capitalize on big storms when they do occur and store water for dry periods
  • Recycling and reusing at least 800,000 acre-feet of water per year by 2030, enabling better and safer use of wastewater currently discharged to the ocean.
  • Freeing up 500,000 acre-feet of water through more efficient water use and conservation, helping make up for water lost due to climate change.
  • Making new water available for use by capturing stormwater and desalinating ocean water and salty water in groundwater basins, diversifying supplies and making the most of high flows during storm events.

These actions are identified broadly in the Newsom Administration’s Water Resilience Portfolio – the state’s master plan for water released in 2020 – but they will be expedited given the urgency of climate-driven changes. To advance the infrastructure and policies needed to adapt, the strategy enlists the help of the Legislature to streamline processes so projects can be planned, permitted and built more quickly, while protecting the environment.

Over the last three years, at the urging of the Governor, state leaders have earmarked more than $8 billion to modernize water infrastructure and management. The historic three-year, $5.2 billion investment in California water systems enacted in 2021-22 has enabled emergency drought response, improved water conservation to stretch water supplies, and enabled scores of local drought resilience projects. The 2022-23 budget includes an additional $2.8 billion for drought relief to hard-hit communities, water conservation, environmental protection for fish and wildlife and long-term drought resilience projects.

Newsom also introduced former Los Angeles Mayor and Speaker of the Assembly Antonio Villaraigosa as the state’s new infrastructure czar.

“With this influx of federal dollars, we have an incredible opportunity to rebuild California while creating quality jobs, modernizing crucial infrastructure and accelerating our clean transportation progress, benefiting communities up and down the state,” Newsom said. “Antonio has the extensive experience and relationships to deliver on this promise and bring together the many partners who will be key to our success. I look forward to his collaboration with the administration as we build up communities across California.”

Antioch’s $110 million Brackish Water Desalination plant project is currently under construction.

Construction on Antioch’s desalination plant, located behind the city’s water treatment plant at 401 Putnam Street is expected to be completed next year, city Public Works Director John Samuelson shared following the governor’s press conference.

Committee to Recall Mayor Lamar Thorpe has yet to file required financial reports

Thursday, August 11th, 2022

Following multiple notices from city clerk; they were due May 2 and Aug. 1; committee leaders meeting Thursday “to get it done”; signature gathering contractor refuses to talk; request for contract with signature gathering company ignored

By Allen D. Payton

The campaign finance report, known as a Form 460, for each of the Antioch Mayor Lamar recall campaigns, was due on July 1 and August 1, 2022. So far, only Thorpe’s campaign committee has filed his latest quarterly report on August 1. However, according to Antioch City Clerk Ellie Householder, as of Tuesday, August 9, 2022, at 5:00 p.m. the Committee to Recall Mayor Lamar Thorpe who claims they were ripped off in the amount of $23,000 and all the estimated 11,000 signatures, has not submitted their 460 reports. (See related articles here and here)

Thorpe’s report shows he had raised an additional $1,000 since the last reporting period. That was contributed by retired Antioch resident and real estate investor Joseph Zamora. But the mayor’s committee did not spend any of the $78,108.60 remaining balance through June 30th. (See related articleThorpe Beat the Karen Recall 460 080122

In response to a request for copies of the recall committee’s form 460 reports, if they had been submitted, since they don’t appear on the city clerk’s campaign finance reporting website, in an email at 5:38 p.m. on Tuesday, Aug. 9 Householder wrote, “According to our records, the ‘Committee to Recall Mayor Lamar Thorpe’ has not filed any Form 460. Please see a record below of the multiple reminder notifications since May 2022. These were sent to their Assistant Treasurer’s e-mail, which is tied to their NetFile account, at a ‘live.com’ e-mail address. Their 2nd quarter statement for the period, 04/01/22 – 06/30/22, was due August 1, 2022. The Committee to Recall Mayor Lamar Thorpe did not provide a phone number on their Statement of Organization, so the only communication to this committee was via email. Attached was the first PDF letter of notification for their quarterly statement, which was duplicated 6 more times for the other notices, adjusting the date for each of the deadline in the list below. Please note the street address was redacted in the letter, per Gov’t Code §6254.4.

List of City Clerk’s notices to Committee to Recall Lamar Thorpe.

However, looking at their Statement of Organization known as a Form 410, it clearly shows phone numbers for both the committee treasurer James Pringle and assistant treasurer Tom Hartrick, as well as for principal officer Clarke Wilson.  Committee to Recall Thorpe 410

A question was sent to both Householder and Deputy City Clerk Christina Garcia asking about that and how they could have missed seeing their phone numbers on the form.

Householder responded, “A point of clarification, their Netfile account does not include their phone number. Per Antioch Municipal Code §2-6.101 (A), campaign filings are done through ‘the City Clerk’s online system,’ which for the City of Antioch is NetfileAnd as you know, filing deadline notifications are sent via Netfile. 

Ultimately, however, per California Government Code § 84104, it is the duty of the committee to, ‘establish that campaign statements were properly filed.’ Additionally,  FPPC Regulations §18427 states that the committee treasurer is responsible for meeting all applicable filing deadlines. Notifications of deadlines are sent by the City Clerk’s Office as a courtesy, not a requirement. A courtesy notification, of which, five were sent to the Recall Mayor Lamar Thorpe Committee, per my previous email.

It is the duty, however, of the local filing official to send notification of non-filing to committees, which was sent by my office on 8/9/22. I have attached a copy of that letter to this email.”

Qtrly Filing Notification – Committee to Recall 05-03-22    Notice of Non-Filer Status for Committee to Recall Mayor Lamar Thorpe 8-9-22

Committee Treasurer, Assistant Treasurer to Meet Today to “Get It Done”, Request for Contract with Signature Gathering Company Ignored

Questions were sent to Pringle, Hartrick and recall organizer Lindsey Amezcua on Tuesday, August 9 asking about the committee’s Form 460 report. But no response was received.

But on Wednesday, August 10 when informed of the email from Householder, Pringle responded, “I am meeting with Tom tomorrow after work to get it done. I spoke to him earlier in the week. The plan was to get it done before the first, but then I got Covid.”

“Definitely should/could have been done earlier,” he added.

When informed that the first report was due May 2 Pringle responded, “Good Lord. This is my first and probably last time doing this.”

Householder’s email to the Herald was forwarded to both Pringle and Hartrick Wednesday evening asking why wasn’t the​ first report submitted, yet which was due May 2 and if they were not aware it was due prior to the first notice being sent by Householder.

Hartrick was also asked why he ignored all of the city clerk’s notices.

They were also asked for any other comments about this delay in reporting the committee’s finances and for a copy of the reports once they’ve been submitted to the clerk’s office.

An additional effort to reach Hartrick was unsuccessful prior to publication time.

Finally, they were asked to provide a copy of the contract with signature gathering contractor Bryan Schafer and his company Blitz Canvassing and/or his associate, Kim Ridley and copies of the cancelled checks paid to him/them.

In a text message exchange with the 25-year-old Schafer on June 8, 2022, he was asked to offer his side of the story and if what the recall organizers claim about him is true. He responded that same night, “We can set up a time to call tomorrow. Sorry I’ve been busy getting all my people to work for Michigans [sic] campaigns.”

However, Schafer has not answered or returned any phone calls or responded to additional text messages since then.

Please check back later for any updates to this report.

 

 

Antioch Council incumbents face multiple possible challengers, four in District 1, three in District 4 so far

Wednesday, August 10th, 2022

Filing closes Friday, Aug. 12 at 5:00 p.m.

By Allen D. Payton

The race for the Antioch City Council elections in November will so far see both incumbents, Councilwomen Tamisha Torres-Walker in District 1 and Monica Wilson in District 4 running for re-election with each facing multiple challengers.

According to Administrative Analyst Edgar Villanueva Jr. in the City Clerk’s Department, as of Wednesday morning at 11:00 a.m., the following candidates have pulled papers and those with an asterisk (*) by their name have completed the filing process:

Council District 1 

  • Incumbent Tamisha Torres-Walker*
  • Former Antioch councilwoman and school board trustee Joyann E. Motts*
  • Gregory Stornetta a senior bankruptcy specialist at Bank of the West (according to his LinkedIn profile)
  • Former School Board Trustee (Carole) Diane Gibson-Gray
  • 2020 mayoral candidate Gabriel V. Makinano

Council District 4 

  • Incumbent Monica E. Wilson*
  • Current District 3 Councilwoman Lori Ogorchock
  • Retired Richmond Police Lt. Shawn Pickett* (30 years on the force)
  • Former Antioch Police Crime Prevention Commission Chair and 2020 candidate Sandra G. White

More details will be provided about each candidate once filing has closed. Since both incumbents are running for re-election filing for both council seats closes Friday, Aug. 12 at 5:00 p.m.

 

Rookie cop arrests registered sex offender on weapons charges in Antioch Tuesday morning

Wednesday, August 10th, 2022

Officer King with firearm discovered in the suspect’s car on Tues., August 9, 2022. Photo by APD

Also has history of arrests including for domestic violence in 2015, as well as murder and other, similar weapons charges last year

James Cornell Chatman. Source: Meganslaw.ca.gov

By Antioch Police Department

Way to go, rookie!!

On Tuesday, August 9, 2022, at 9:30 a.m., Antioch Police Officer King conducted a suspicious vehicle stop on W. 7th Street of a car parked alongside a curb with two people appearing to be asleep inside. Concerned for their safety, Officer King approached the vehicle to speak to the gentleman to ensure they were OK. When he made it up to the driver’s window, Officer King saw drug paraphernalia on the driver’s lap.

After waking the occupants up, Officer King searched the car and located a loaded AR-style pistol in a black bag near the feet of the driver, 32-year-old James Cornell Chatman of Antioch. Seeing as he was a felon and was not allowed to own a firearm, Chatman was promptly arrested and transported to jail at the Martinez Detention Facility. He is being charged with for PC 29800(A)(1) – felon in possession of a firearm; PC 25850(A) – loaded firearm in a vehicle or in public; and PC 25400(A)(1) – carrying a concealed firearm in a vehicle under the person’s control.

According to homefacts.com Chatman is a registered sex offender and according to the Megan’s Law website it was for lewd or lascivious acts with a child under 14 years of age.

Confiscated firearm. Photo: APD

According to localcrimenews.com he has a history of arrests dating back to 2015. Chatman was arrested that year by Contra Costa Sheriff’s Deputies for inflicting corporal injury on a spouse/cohabitant and assault with a deadly weapon likely to produce great bodily injury. In March 2021 he was arrested by Antioch Police for participating in an illegal speed contest and evading a police officer. Then on Sept. 11, last year, Chatman was arrested, again by Contra Costa Sheriff’s Deputies for murder, assault with a firearm on a person, carrying a concealed weapon in a vehicle, carrying a loaded firearm when not the registered owner.

Your police department remains dedicated to removing illegally owned/possessed firearms off the street. Keep up the hard work Officer King!

APD PIO Darryl Saffold and Allen D. Payton contributed to this report.

 Lt. Tarra Mendes retires after 29 years with the Antioch Police force

Tuesday, August 9th, 2022

Photos by APD

Antioch Police Lt. Tarra Mendes. Source: APD

By Antioch Police Department

Please join us in celebrating the distinguished career of Lieutenant Tarra Mendes as she rides off into the sunset to enjoy her retirement. Returning to the beginning, Lieutenant Mendes started her law enforcement career with the Antioch Police Department as a Reserve Police Officer in 1993. Then, through hard work and an impeccable work ethic, Lieutenant Mendes was hired as a Community Services Officer in January of 1995.

After being hired as a full-time sworn officer in May of 1997, Lieutenant Mendes’ list of accomplishments was genuinely outstanding. During her tenure, she served in the following assignments: patrol officer, Problem Oriented Policing Officer (POP), bike officer, property and person crimes investigator, weaponless defense/baton instructor, jail operations instructor, hostage negotiator, training manager, background investigator, internal affairs investigator, recruiter, social media manager, and PD events. Not to mention her ascension through the ranks up to Lieutenant!

Even with that impressive resume, one of Lieutenant Mendes’ most outstanding achievements is that she was a part of the hiring of well over 100 past and present employees of the Antioch Police Department over the last 16-plus years.

Last but certainly not least, Lieutenant Mendes, alongside Ana Cortez and Samantha Peterson, created and ran the police department’s Holiday Giveaway, Halloween Event, and Easter Egg Hunt. A lot of hard work goes into these events, and the joy had by the community will always be one of the highlights of Lieutenant Mendes’ career.

THANK YOU, LIEUTENANT MENDES; you will be missed. Thank you for your service to the city and citizens of Antioch! On behalf of your family at the PD, please enjoy your retirement.