Archive for May, 2023

49 state attorneys general file lawsuit against telecom company over billions of illegal robocalls

Tuesday, May 23rd, 2023

An estimated 577 million robocalls sent to California phone numbers on National Do Not Call Registry 

Including Social Security, Medicare and employment scams

SACRAMENTO – California Attorney General Rob Bonta today, as part of a bipartisan coalition of 49 attorneys general, announced a lawsuit against Arizona-based Avid Telecom for allegedly initiating and facilitating billions of unlawful robocalls in California and around the country. Those robocalls included Social Security Administration scams, Medicare scams, and employment scams; two robocall examples can be found here and here. Today’s complaint is the result of efforts by the nationwide Anti-Robocall Litigation Task Force, which Attorney General Bonta helped launch last year and is charged with taking legal action against telecommunications companies that perpetuate robocall traffic.

“As the People’s Attorney, I’ve been laser focused on protecting consumers since taking office, and stopping unwanted robocalls is an important bipartisan and nationwide effort,” said Attorney General Bonta. “In addition to being a daily annoyance, robocalls can and do cause real financial damage. I’m taking Avid Telecom to court for delivering not hundreds, or thousands, or millions of robocalls — but billions of robocalls. Our coalition alleges that Avid Telecom has violated federal and state laws, and we are confident that we will prevail.” 

From December 2018 to January 2023, Avid Telecom sent or attempted to transmit over 24.5 billion calls to consumers. More than 90% of those calls lasted under 15 seconds, strongly indicating that they were likely robocalls. Further, Avid Telecom sent or transmitted over 7.5 billion calls to telephone numbers on the National Do Not Call Registry, an estimated 577,879,156 of those calls were to telephone numbers in California. Registering for the National Do Not Call Registry allows consumers to legally opt out from receiving telemarketing calls, but robocallers regularly fail to respect such legal prohibitions.

In the multistate coalition’s complaint, among other misconduct, Attorney General Bonta alleges that Avid Telecom:

  • Violated the Telephone Consumer Protection Act, which prohibits any person from making a call using an automatic telephone-dialing system or an artificial or prerecorded voice to any cellular telephone;
  • Violated the Telemarketing Sales Rule, which prohibits abusive and deceptive acts or practices by “sellers” or “telemarketers”; 
  • Violated the Truth in Caller ID Act, which prohibits the transmission of misleading or inaccurate caller-ID information;
  • Violated California’s Unfair Competition Law, which prohibits unlawful, unfair, or fraudulent business acts and practices, by transmitting a colossal number of illegal robocalls into California. 

In filing today’s complaint, Attorney General Bonta joined the attorneys general of Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the District of Columbia.

A copy of the lawsuit can be found here.

Antioch-Chichibu Sister City organization raising funds to send student delegates, chaperones to Japan

Monday, May 22nd, 2023
Antioch’s 2023 Student Delegates for the trip to Chichibu, Japan in July. Source: Antioch Chichibu Sister City Organization.

The Antioch-Chichibu Sister City organization is an incredible nonprofit organization that works independent from the city of Antioch, raising their own funds. The purpose of the organization is to give Antioch and Chichibu students, ages 15-18, the life changing opportunity to experience each other’s country and culture while developing new, lifelong friendships abroad. The program teaches students the importance of communication, teamwork and integrity. Student delegates are selected from deserving applicants that will best represent our city.

Unfortunately, with increasing costs and no city support, students and adult chaperones are finding it difficult to participate in this worthwhile opportunity. Our young delegates are working tirelessly to make this trip a reality!

The 2023 trip to Chichibu, Japan is scheduled for mid-July. Any funds raised after that date will continue to contribute to this ongoing program and future delegates.

The goal is to raise $40,000. Contributions can be made on the GoFundMe page.

Your support in any amount helps provide a culturally immersive educational opportunity to our students. Thank you!

Antioch cops’ attorney calls out mayor & mayor pro tem, labels DA’s text reports “misleading”

Monday, May 22nd, 2023
Mayor Thorpe and Mayor Pro Tem Torres-Walker were taken to task by Antioch Police Officers’ Association attorney.

Says they incited ‘mob justice’ and “‘engineered’ an intentional delay in having officers interviewed” postponing their return to work

City follows Skelly Hearing disciplinary process, council members have no say

“…the Chief suddenly got cut-out of any role or responsibility in directing or managing the investigation, or even communicating with the investigator,” – APOA attorney Mike Rains

By Allen D. Payton

In response to the recent calls by Antioch Mayor Lamar Thorpe and Mayor Pro Tem Tamisha Torres-Walker for the immediate termination of the police officers involved in the text scandal, reported by the Herald last Friday, that same day Michael Rains, attorney for the Antioch Police Officers’ Association, sent a scathing letter to them and the other three members of the city council. In his letter, Rains, of the Pleasant Hill-based Rains Lucia Stern St. Phalle & Silver law firm, both chastises Thorpe and Torres-Walker, calling out their own behavior while in office, and labels the two reports from the Contra Costa DA’s office “misleading” and “highly partisan”. (See related articles here and here)

He also claims the two council leaders “‘engineered’ an intentional delay in having officers interviewed.”

The letter from Rains reads as follows:

Police Officer Texting Investigation and Recent Public Statements by Mayor Thorpe and Vice Mayor Tamisha Torres-Walker

Dear Members of the Antioch City Council:

As you are aware, this Firm serves as General Counsel to the Antioch Police Officers Association (APOA) and all of its individual members. We represent all of the officers who have been recently placed on administrative leave pending an investigation of text messaging which occurred between approximately 2019 and 2022 by Antioch police officers which were described and discussed (in many instances inaccurately and in a misleading fashion) in two reports prepared by Contra Costa County District Attorney Inspector Larry Wallace.

Frankly, it is a tragedy that the City, the Police Department and the public have been “fed” misleading and what we believe highly partisan reports prepared by the District Attorney’s Office for reasons we hope to decern in future litigation, but which have resulted in widespread but undeserved condemnation of many police officers for engaging in “racist” or “sexist” texting when no such texting by many such officers, in fact, ever occurred.

By all accounts, the Mayor and Vice Mayor are ecstatic to condemn the entire police department for the “sins of few” and place themselves in the glare of the public spotlight, which has most recently shined down on both of them proclaiming that all of the officers on administrative leave should be fired and, in essence, the Police Chief should “start over” and hire an entire crop of new recruits to replace the mass of racists and sexists who were formerly employed.

Of course, it is not either unusual or uncharacteristic of either the Mayor or the Vice Mayor to be displaying ignorance or indifference to the law or acting inappropriately, such as the Vice Mayor’s previous profanity – laden, public tirade against the police that, standing alone, should have resulted in her removal from the Council; or the Mayor’s demonstrated disregard of the laws concerning sexual harassment of females and the laws prohibiting drunken driving. In other words, neither the Mayor nor the Vice Mayor are what most would recognize as “role-models” that a constituency should rely upon for receiving factual and accurate information or advice.

However, the very pinnacle of irresponsibility on the part of the Mayor and Vice Mayor are their recent synchronized chorus to the public and media for the Chief to fire all of the police officers who have placed on administrative leave on the texting case. Neither the Mayor nor the Vice Mayor truly understand the “facts” of this case, or they would know and explain to the public that the admittedly highly inappropriate texting that they “smear” every officer with was engaged in by only three or four. The officers who are on leave, for the most part, were simply included, without their knowledge at the time, or their wishes in most cases, on “text chains” between 20 and 30 officers which have been in existence for months if not years. In many cases, the officers on the text chains were off-duty and asleep when the texting occurred and did not even take the time to review the content of text messages upon quickly determining that they involved matters of no importance or interest to them.

Perhaps the Mayor and the Vice Mayor do, in fact, know the truth – that the texting which essentially the entire department has now been condemned for is the product of a few. To our knowledge, the Mayor, perhaps in an unholy alliance with the City Attorney, has now excluded the Police Chief from directing the “outside” administrative investigation of the officers on leave. Instead, despite the fact that our Office has continually attempted to schedule interviews of virtually all of the officers we represent who have been placed on leave without a factual or legal basis, the outside investigators have rejected our request to interview our clients, telling us that they have only gotten authority from “the City” to set dates for interviews of four of the officers on leave.

Thus, before the administrative investigation has even determined whether the vast majority of the officers on leave can be subjected to discipline for misconduct, the Mayor and Vice Mayor attempt to incite “mob justice” by calling for the immediate mass firing of officers who have done absolutely nothing to deserve discipline. This may further the “spotlight” which the Mayor and Vice Mayor appear to enjoy, but it deprives the citizens of Antioch of the services of somewhere near 20 additional police officers who cannot, and will not, under established law regarding employee discipline, be terminated.

We have no doubt that, even if the Mayor and Vice Mayor had even a “passing familiarity” with the law concerning “just cause” for the discipline of public employees (which is clear they do not), they would simply urge the Police Chief, who under City rules and procedures will make the decision concerning discipline of his police officers, to disregard those laws or try to incite the public to condemn the Police Chief if he dared to apply the facts established by a thorough and objective investigation to the existing law, and not impose termination.

By refusing to direct the City’s retained investigators to immediately schedule and conduct interviews of all of the officers on administrative leave, while simultaneously condemning those officers publicly and demanding their firing, the Mayor and Vice Mayor have deprived every member of the community of the additional police officer resources available to them to make Antioch a safer community. Instead, the “City’s” very clear disinterest in insisting that all of these officers be interviewed and receiving a report from the retained outside investigator, which will undoubtedly clear most, if not all, of any misconduct, allows the Mayor and the Vice Mayor to continue to appear under the spotlight they covet, and sell the public a lie about the facts of the case, hoping, no doubt, that good police officers, tired of being unfairly maligned by these two irresponsible “public servants” will simply quit. It is clear that neither the Mayor or Vice Mayor have any sincere interest in the investigation of all these officers to be completed, and the truth really known.

To the extent that the public, the police department, the media and all of us have been forced to make conclusions of what officers said or meant in text messages, or deprived of the understanding of the context in which text messages occurred or the identity of the person who was the “object” of the texting at the moment, as a result of the misleading and distorted report of DA Inspector Wallace, we have all been fed a “bill of goods” to begin with.

Nevertheless, the irresponsible manner in which the “City”, under the direction of Mayor Thorpe and Vice Mayor Torres-Walker have “engineered” an intentional delay in having officers interviewed in order to be cleared of any wrong doing, while simultaneously calling for their mass termination, is a clear demonstration of their indifference to ethical behavior and their disregard of allowing their highly experienced, knowledgeable and ethical Police Chief to make the decisions he should be making concerning both the work status of his officers and the progress of the “outside” investigation supposedly underway.          

Very truly yours,

Rains Lucia Stern

St. Phalle & Silver, PC

Michael L. Rains

———————

Outside Investigator Replaced Before Police Interviews Began

City Attorney Thomas L. Smith hired Cerritos, CA-based Angela Powell, a partner in the law firm of Atkinson, Andelson, Loya, Ruud & Romo, to conduct the investigation of the text messages. She has 26 years’ experience as an attorney. Her services ended by Monday, May 15, the day the interviews of the officers were to begin. In her place, the City hired San Jose-based attorney Allison Hernandez, a Senior Associate with the law firm of Burke, Williams & Sorensen who earned her law degree in 2016.

Rains Provides Details on Investigators, Process

Rains was emailed questions, specifically asking what he meant by his claim in the final paragraph of his letter that Thorpe and Torres-Walker had “‘engineered’ an intentional delay in having officers interviewed”. He was asked, “does that refer to the replacement of the outside investigator, Angela Powell who found no fire-able offense in the text messages, with Allison Hernandez? Can you provide any details on that?”

Rains responded Monday afternoon writing, “Even with the replacement of Angela Powell with Allison Hernandez, the interviews of 2 of the witnesses we represent went forward with Allison on the dates we had originally agreed-to with Angela. As an aside, we never found out why Angela was suddenly ‘out’ as an investigator, but I suspect it had to do with her perception that the ‘City’—and I am referring to Thorpe and Torres-Walker,  had no interest in being fair or objective in any aspect of this case, which is why the Chief suddenly got cut-out of any role or responsibility in directing or managing the investigation, or even communicating with the investigator. I had suggested to Angela that, if she was disturbed by what she was seeing her ‘client’ do, and if that would put her in an untenable ethical position, she should simply declare a conflict, fire her client (the City), and have someone else hired to do the investigation. The next thing I knew was that Angela was gone, and we were told that Allison Hernandez would be doing the interviews of our clients. 

My reference to the ‘City’ engineering an intentional delay relates to the fact that we had told Angela, when we learned she was coming to doing interviews from May 15th through the 18th, that either RLS Partner Julia Fox, Nicole Pifari, or myself would be available those 4 days to participate in the interviews of all of our clients who had been placed on administrative leave, so she could get all the officers interviewed that much faster, and we would have a better chance of getting them off administrative leave, and back to work. Nicole Pifari even sent Angela a suggested interview schedule for all of our clients. In response, Angela contacted us, as said that the City had only authorized her to interview 4 out of all the clients on leave (3 of whom are our clients, and 1 of whom is represented by another lawyer).

We then asked her to ask the City to allow her to get these other interviews done, but they would not authorize her to do so. Thus, they have essentially done nothing to allow all of these officers on leave to be interviewed, so we can clear them of any wrongdoing, while they simultaneously call for their summary terminations—that’s the dishonesty of it all. We still have not got Allison Hernandez to get any authority/direction to interview all of our other clients who continue to languish on administrative leave.”

Questions for City Attorney & Police Chief Go Unanswered

Questions were sent to City Attorney Thomas L. Smith and Police Chief Steve Ford asking if Angela Powell was hired as the outside investigator in the Antioch Police officers’ text message scandal, that she found there were no fire-able offenses, her services then ended last Monday, May 15 the day before interviews were to begin and then she was replaced by another outside investigator, Allison Hernandez.

They were also asked, “Were both hired on a collaborative basis by you both? When were they hired? Can you please provide copies of their contracts? Did Ms. Powell interview any of the officers? Did she provide you with a preliminary report? Or was her investigation completed and you have her final report? Can you please share any other details of both investigators’ work for the City of Antioch and why Ms. Powell’s contract was terminated before completing the investigation?

They were then provided a copy of Rains’ letter and asked, “Were you ever contacted by either of them or any council members about the outside investigator? Were any findings by Ms. Powell shared with any of the council members? Were you directed, encouraged or pressured by any of the council members to terminate Ms. Powell’s contract and hire a different outside investigator?”

Smith was also asked if Ms. Powell quit because she was tired of him interfering in her investigation and giving her too much direction in conducting it, and if so or if not, to please provide what directions, if any, that he provided to Powell that were outside of what is written in her contract.

Following Rains’ response to the questions posed to him, additional questions were emailed after work hours on Monday asking Smith and Ford the following: “Is what he wrote correct that ‘the Chief suddenly got cut out of any role’ in the process? If so, why? Is it also correct that you only want four of the officers interviewed and the City is delaying investigator Allison Hernandez from conducting those interviews? If so, why?”

Neither responded prior to publication time.

Questions for First Outside Investigator Go Unanswered

Questions were emailed to outside investigator Powell on Monday, May 22 asking if she found there were no fire-able offenses and then her services ended last Monday, May 15 and then replaced by another outside investigator. Powell was also asked, “When were you hired by City Attorney Thomas L. Smith? Can you please provide a copy of your contract? Did you interview any of the officers? Did you provide a preliminary report? Or was your investigation completed? Can you please share any other details of your work for the City of Antioch and why your contract was terminated before completing the investigation?”

Powell was also asked if she quit because she grew tired of City Attorney Smith interfering in her investigation and giving too much direction in conducting it. She was also asked what other direction was provided to her outside of what was written in her contract with the City and if Smith was dissatisfied with your (preliminary) findings, if any.

The portion of Rains’ email was shared with Powell who was then asked if she was ever contacted by any council member.

Attempts to reach Powell by phone and email were unsuccessful prior to publication time.

Only Ogorchock, Barbanica Respond to Questions for Council Members

All five council members were asked via email if they have any response to Rains’ letter. Thorpe and Torres-Walker were asked specifically, to what is he referring in the final paragraph that they “‘engineered an intentional delay in having officers interviewed.’”

They were all asked if they had contacted the city attorney with instructions, directions or requests in the hiring of the outside investigator on the text scandal, if they know why the first investigator’s services ended and a different investigator was hired, and if they had received or seen a copy of either preliminary findings or a final report from either investigator.

When reached for comment and asked what she knew about the outside investigators and if she had received a preliminary or final report, District 3 Councilwoman Lori Ogorchock said, “This is the first I’ve heard of it. I didn’t know they had even hired one, yet. These things take a long time to happen. So, I’m not aware of any report or determination by the investigator.”

Later she wrote, “After reading and rereading this letter from Mr. Rains, it leaves me with several questions around the investigation as to why we would reject a request to interview the officers involved, why only 4 officers when there are more than that out on administrative leave.”

In response to the Herald’s questions Ogorchock wrote, “I have not, nor have I discussed this with our City Attorney. I would like to understand the reason (if true) as to why this investigator was let go, or did they no longer wish to work for the city.  I have not, nor do I know of any such report existing.”

District 2 Councilman Mike Barbanica was the only other one to respond before publication time, Monday evening. Asked again if he had contacted the city attorney about hiring the outside investigation he said, “About this, no. The city attorney’s office is in charge of hiring any investigator. I stay out of it. I’m giving them the space to do their job. I will be briefed as this evolves and when proper.”

“I do have a call into the city attorney and am awaiting his call, because I’ve had several questions raised from the public about hiring the investigators,” the former Pittsburg police lieutenant added.

“I believe that we should all be concerned with due process that this is done properly,” Barbanica stated.

5/23/23 UPDATE 2: After speaking with the city attorney, Barbanica shared Tuesday afternoon that Smith told him, “’the information surrounding the hiring of the two investigators is inaccurate.’ But I cannot get into further details.”

Question for DA, Senior Inspector

An email was sent Monday evening to Contra Costa DA’s Office PIO Ted Asregadoo asking if D.A. Diana Becton or the office’s Senior Inspector Wallace had a response to Rains’ claim that the reports were misleading and highly partisan.

5/23/23 UPDATE 1: Asregadoo responded Tuesday morning, “The letter you sent is from the POA’s legal representation and concerns the Antioch City Council’s administrative matters. As such, we really don’t have anything to say about its contents.”

City Follows Skelly Hearing Disciplinary Process, Council Members Have No Say

The City of Antioch follows the Skelly Hearing process which is like a Bill of Rights for city employees in California. According to the California Department of Human Resources’ Supervisors Guide to Addressing Poor Performance, the “Skelly Hearing is the name of the hearing the employee can ask for before the adverse action becomes effective to ensure no mistakes have been made by the department in taking the action.  This hearing is a short, more informal due process-review of the department’s case and the employee’s defense.  It is called a Skelly Hearing because the requirement was established through a court case entitled Skelly v .SPB.”

According to unlocklegal.com, “a Skelly hearing is better described as a pre-disciplinary due process meeting. This procedural meeting ensures that when an employee is facing disciplinary action, the accused employee is informed of the allegations, has an opportunity to refute the allegations, and has an opportunity to mitigate the allegations or rehabilitate their standing with their employer before any actual disciplinary action. It is a preliminary meeting that must take place in the case of an employee’s termination, demotion, suspension, reduction in pay, or transfer with an accompanying loss in pay.”

The city manager serves as the City’s Skelly Officer. The hiring and firing of all city employees starts and ends with the city manager who signs the papers for each staff member.

In addition, police officers in California have the Public Safety Officers Procedural Bill of Rights Act giving them an additional process and greater protections from termination.

The city council as a whole or as individuals have no say in the process of determining which city workers, including police officers, will remain employed or be terminated. The Antioch City Council currently only has the authority to hire and fire the city manager and city attorney.

Please check back later for any other responses or updates to this report.

John Marsh Prayer Breakfast Saturday, May 27

Monday, May 22nd, 2023

On a Memorial Day weekend, we will be gathering together as a group of churches to cancel the curses of the past and declare a new, godly and positive future over Brentwood and the surrounding regions. 

For tickets and to order and pay for your choice of meal (optional) visit JOHN MARSH PRAYER BREAKFAST | East Bay Conferences.

Antioch man arrested following hours-long stand-off Friday night

Monday, May 22nd, 2023
Suspect Vance Robert Gattis is transported from the scene by ambulance following hours-long standoff with police at his Antioch home on Friday, May 19, 2023. Photo courtesy of Art Ray, Bay News Video

For assault with a deadly weapon, drug possession, more; has history of arrests

By Allen D. Payton

According to Contra Costa Sheriff’s Department spokesman Jimmy Lee, “On Friday, May 19, 2023, at about 5:19 PM, a deputy sheriff responded to a domestic-related incident. The suspect was believed to be at his residence (on Lilac Lane) in Antioch. With the assistance of other law enforcement agencies, deputies found the suspect hiding inside the house.”

The stand-off lasted until about 11:00 p.m. An Antioch resident shared a screenshot of the Sheriff’s helicopter flight pattern over the neighborhood at 9:10 p.m. and another shared a video of the scene taken at 10:29 p.m.

Screenshot of Contra Costa Sheriff’s Office helicopter flight pattern from Flightradar24 Live Flight Tracker during Antioch stand-off Friday, May 19, 2023. Source: Antioch resident who chose to not be identified.

The suspect “was eventually arrested without incident. He is identified as 45-year-old Vance Robert Gattis who had a felony warrant for his arrest,” Lee continued. “He was booked into the Martinez Detention Facility on charges that include assault with a deadly weapon, making criminal threats, resisting arrest, and drug possession.”

According to localcrimenews.com, Gattis has a history of arrests from 2018 by Antioch and Concord PD, and Contra Costa and San Joaquin Sheriff’s Departments for drug possession, felon in possession of a gun, battery on spouse/cohabitant/former spouse, possession of ammunition, assault with a deadly weapon likely to produce great bodily harm, carrying a loaded weapon, among many other charges.

Antioch mayor wants racist text message cops fired, military vehicle retired

Friday, May 19th, 2023
MRAP vehicle and Antioch Police personnel on the SWAT and Hostage Negotiation Teams webpage of the City’s website. Source: APD

In undated letter to Chief Ford, Thorpe says he also wants no police union members in APD Internal Affairs

Mayor claims police department is “plagued with deep institutional racism”

By Allen D. Payton

Following the Facebook post by Antioch Mayor Pro Tem Tamisha Torres-Walker on Thursday calling for the immediate termination of “the officers involved in the racist texting scandal”, Antioch Mayor Lamar Thorpe also called for “the termination of officers” involved in the scandal. In addition, a post on his official Facebook page on Friday, May 19, 2023 reads, “Today, Mayor Lamar Thorpe issued the following open letter to Chief Steve Ford regarding decommissioning the use of the MRAP Tank and the need to bar elected board members of the police union from serving on the police department’s internal affairs team.”

Mayor Thorpe’s undated letter to Chief Ford posted on his official Facebook page on Friday, May 19, 2023.

In March 2021 the Antioch City Council voted 4-1 to ban the future acquisition of surplus military equipment with District 2 Councilman Mike Barbanica voting no. Part of that military equipment currently owned and used by the Antioch Police Department is a Mine-Resistant Ambush Protected (MRAP) military light tactical vehicle. Now, the mayor and mayor pro tem want the department to get rid of it.

As previously reported, the U.S. Defense Logistics Agency’s 1033 program allows the Pentagon to give extra military equipment to local police departments across the United States. It’s part of their mission of disposing obsolete and unneeded excess property turned in by U.S. military units around the world. The type of property ranges from military-specific equipment and vehicles to generic office furniture, computers, medical items, and shop equipment.

But the mayor thinks the use of the MRAP, which the department now labels a “Rescue Vehicle”, “sends the wrong message to the community” and to “prospective police office(r) candidates”. He also says there needs to be a “clear delineation” between police union leaders from working as members of the department’s Internal Affairs division investigating those they were elected to represent.

Thorpe’s undated letter reads:

Dear Chief Ford:

As I’ve said publicly and privately to you, as the city of Antioch continues to grapple with the reality that its police department is plagued with deep institutional racism, I will continue to focus on ensuring that this issue is not conveniently swept under the rug. Under my watch that will not happen.

As I traverse the city and meet with residents, I am reminded daily that actionable steps must be taken to correct past mistakes. We will not be able to talk this issue away as it strikes as the very essence of who we are as a city – inclusive and open for all. I strongly believe that Antioch residents deserve a police department that every segment of Antioch’s racially diverse community can trust.

In order for us to get there, as well as beginning the healing process, the immediate termination of officers who violated the public’s trust by displaying racism (as established by the FBI and District Attorney and upheld by a superior court judge) is required. Anything less makes all of our efforts, including your community conversations, appear like nothing more than a public relations campaign.

As a result, at next Tuesday’s Antioch City Council meeting, I will be seeking the support of my colleagues to formally direct the Antioch Police Department to immediately decommission the tank, also known as the Mine-Resistant Ambush Protected (MRAP) vehicle. The MRAP was designed specifically for War in Iraq so that U.S. soldiers should withstand improvised explosive device (IED) attacks and ambushes. To date, there have been no such reported attacks or threats in the city of Antioch. (See Item 5 on Tuesday’s council meeting agenda)

As evidenced in a photo on the Antioch Police Department’s website, the tank sends the wrong message to the community and absolutely sends the wrong message to prospective police office [sic] candidates.

I will also be advancing a measure that bars board members of the police union, in our case, the Antioch Police Officers Association, from serving as members of the internal affairs team. If the community is to trust you and established processes, there must be a clear line of delineation between union leaders elected to represent police officers who may have committed misconduct and those charged with investigating those officers.

To move our city forward, tough decisions must be made now. In that spirit, the decommissioning of the tank and the separation of union board leaders from internal affairs will send the very clear message that the city of Antioch is genuinely committed to reforming the culture of the Antioch Police Department.

Respectfully,

Lamar A. Thorpe

Questions for Thorpe

Thorpe was asked via email late Friday afternoon what message the ownership and use by the department of the MRAP sends to the community and police officer candidates, and what does the vehicle have to do with the racist text scandal.

Questions for Ford

In addition, the following questions were sent via email to Chief Ford Friday afternoon, and copied to the three members of the Community Engagement team: “Do you have a response to the letter from Mayor Lamar Thorpe, today? Do you agree the ‘police department is plagued with deep institutional racism’? How is the MRAP used by the department? Is it necessary for the department to fulfill its responsibilities of keeping the public safe while also keeping officers safe? Regarding the Facebook comments by Torres-Walker, yesterday do you believe there is a ‘deeply entrenched racist culture within the Antioch Police Department’? Do you have any other response to her comments?

Neither responded prior to publication time. Please check back later for any updates to this report.

Mayor Pro Tem Torres-Walker claims Antioch Police Department, “City as a whole” have a “deeply entrenched racist culture”

Friday, May 19th, 2023
Antioch Mayor Pro Tem Tamisha Torres-Walker rants at and about fellow Councilwoman Lori Ogorchock at the end of the April 25, 2023 council meeting. Video screenshot

Says fellow Councilwoman Ogorchock had “white privilege fits”, has “white fragility”

By Allen D. Payton

In a post on her official Facebook page on Thursday, May 18, 2023, Antioch Mayor Pro Tem Tamisha Torres-Walker called for the immediate firing of “officers involved in the racist texting scandal”. In addition, she wrote, “I’ve been asked by some in the community why I am not currently supporting or attending events involving the police department. (See related articles here and here)

To ensure clarity, and why I will not, I am sharing directly with you on social media.

My reasoning for this stance is that I firmly believe that the officers involved in the racist texting scandal should have been immediately terminated.

To me, and many in the community, these efforts have been done in the past as an outlet for the community while leading to little or no change as it relates to the institution of policing. I too was once guilty of thinking some heart-felt dialogue would make an institutional difference when in reality it’s been more like one relationship at a time.

My position on this is not some political ploy to silence the community but rather an expression of my commitment to not ignore the deeply entrenched racist culture within the Antioch Police Department and the City as a whole.

Screenshot of post by Torres-Walker on her official Facebook page on Thursday, May 18, 2023.

To not address the obvious need to terminate the individuals who have breached their duty of trust to this community is an insult to every single resident of Antioch.

As a community, we shouldn’t be expected to condone a culture of racism and abuse that has completely betrayed our trust to move swiftly past the harm.

To those that will want to turn this position into me being anti-police or censoring the community. I am not. I am against supporting the obvious wrongs of individuals in APD and unproven practices in our pursuit of justice and a City where policing services are none [sic] biased. Rather than seeking to make me the villain, you should want the same, for those of us who live here together.”

At the end of the city council meeting on Tuesday, April 25, 2023, during the period reserved for Council Communications and Future Agenda Items, Torres-Walker injected additional racially charged comments, by using the time to rant and take a swipe at District 3 Councilwoman Lori Ogorchock (and local media) saying, “I want to say this respectfully and with some compassion that Councilwoman Lori Ogorchock’s investigative powers only work when she is coming for progressives and radical progressives on this city council. It is unfortunate that those wonder powers didn’t activate when people of color, Black people and poor people in this community have been coming to this council for years demanding accountability for her beloved police force. Lori, you say you don’t hear stories, you don’t watch the news, you don’t read newspapers beyond the opinion of two of the most popular fearmongers in our city, but you demand to be invited to a meeting that you, to have information about a meeting you weren’t invited to? Even last year when Councilwoman Lori Ogorchock had her white privilege fits right here, in this public space, I didn’t say a word. I’m growing tired and I thank God that I have patience because I have seen some growth. But white fragility doesn’t move me at all. And so, if you want to be a part of something don’t keep putting yourself outside of things that you should be on the right side of.”

Ogorchock did not respond to Torres-Walker’s comments and merely asked a question of city staff on an unrelated matter. (See council meeting video at 2:53:54 mark)

U.S. Representative Mark DeSaulnier named finalist for Democracy Awards

Thursday, May 18th, 2023

Congressional Management Foundation Recognizes DeSaulnier for Outstanding Achievement in Constituent Accountability and Accessibility

Washington, D.C. – Today Representative Mark DeSaulnier (CA-10) announced he has been named a finalist for The Congressional Management Foundation’s (CMF) Democracy Award for outstanding achievement in the category of Constituent Accountability and Accessibility. Democracy Awards are given for non-legislative achievement and performance in congressional offices and the Constituent Accountability and Accessibility category recognizes offices that provide clear and relevant information on their work and publicly acknowledge metrics for that performance.

Constituent service is at the heart of my work in Congress, and I am proud that our office has been recognized for our efforts to serve, connect with, and answer to the people of California’s 10th Congressional District,” said Representative DeSaulnier. “I thank the Congressional Management Foundation for their work to promote good government and congratulate my fellow finalists.”

“As a Democracy Award finalist, Rep. DeSaulnier’s office is clearly one of the best in Congress,” said Bradford Fitch, President and CEO of the Congressional Management Foundation. “This designation demonstrates that Rep. DeSaulnier has made a significant commitment to being the best public servant for his constituents in California. Rep. DeSaulnier and his staff are to be congratulated for not only being a model for his colleagues in Congress, but for helping to restore trust and faith that our democratic institutions can work.”

Among other noteworthy items, CMF included the following reasons for selecting Representative DeSaulnier for an award:

“The office also hosts regular virtual and mobile district office hours, which is an opportunity for constituents to meet by appointment one-on-one with Rep. DeSaulnier, with the Congressman spending approximately 30 minutes with each constituent or group. As with town halls, Mobile District Office Hours are advertised on social media, via email and in the office’s e-newsletter, “DeSaulnier’s Digest.” Rep. DeSaulnier routinely makes a special appeal on social media for those who disagree with him to sign up for an appointment so he can hear their point of view. Constituent emails and letters receive a response within 5 business days of receipt with an emphasis of turning around digital mail within 48-hours.”

Ten House and Senate offices were honored as finalists today in three categories: Constituent Service; Constituent Accountability and Accessibility; and “Life in Congress”-Workplace Environment. Representative and Senate personal offices nominated themselves using an online questionnaire. CMF followed up with offices as necessary to gather documentation and assess the office’s adherence to the established criteria. The winners will be selected in August by a selection committee primarily comprised of former Members of Congress and congressional staff. The finalists and winners will be honored at a ceremony to be held in Washington, D.C. on September 15, 2023 during Constitution Week.

Details on the process and the history of the Democracy Awards can be found here: https://www.congressfoundation.org/projects/democracy-awards
The Congressional Management Foundation (CMF) is a 501(c)(3) nonpartisan nonprofit founded in 1977 dedicated to strengthening Congress and building trust in its work with and for the American people. CMF works to revitalize Congress as an institution; promoting best practices in congressional offices; and helps Congress and the people they represent engage in a constructive and inclusive dialogue toward a thriving American democracy.