City Clerk explains approval for one Antioch Council candidate’s use of “Educator” ballot designation and not the other
Dominique King, who isn’t a teacher allowed to use term, but retired Antioch High principal Louie Rocha can’t
Antioch City Clerk Ellie Householder says, “Educator does not mean teacher,” in spite of the dictionary definition to the contrary. Uses her own.
By Allen D. Payton
According to the definition found in the Merriam-Webster dictionary online, the word “educator” means “one skilled in teaching : teacher”, “a student of the theory and practice of education” or “an administrator in education.” Yet, the term was allowed as one of the three titles in the ballot designation for one candidate for Antioch City Council in District 3 who isn’t a teacher and doesn’t have a four-year college degree or a teacher’s credential. But it wasn’t allowed for a retired principal who spent most of his career in education and continues to fill in as a substitute principal, including for a week, later this month.
But City Clerk Ellie Householder approved the use of the term by Dominique King, in her first run for city council against retired Antioch High School principal, Louie Rocha, who is also running for city council for the first time. The City Clerk said, “Educator does not mean teacher,” and later explained her reasoning. King claims she educates people through her and her husband’s business, which is how she also uses the title “Businesswoman”.
10-Day Public Review Period of Candidate Ballot Designations
Candidates and anyone can challenge another candidate’s ballot designations during a 10-day public review period following the close of filing. But it takes legal action and a judge’s decision in court to force a change. No challenge to King’s designation was made by Rocha or anyone else.
As previously reported, about the three titles she used in her ballot designation of “Businesswoman / Educator / Consultant” King said, “My ballot designation was reviewed and approved. I trust that if I had not met the necessary requirements during the local and county election review process, my designation would have been rejected.” But she refused to say where she teaches or how she can use the title of “Educator”.
Rocha Told He Can’t Use “Educator” in Ballot Designation Because He’s Retired and Primary Source of Income is His Pension
Candidates can offer three options for their ballot designations. Rocha offered all three, but the first one, “Retired Antioch High School Principal” was more than three words. So, the County Elections Division staff rejected it and called him about it. He also offered “Retired Principal/Educator” but that was rejected by the City Clerk’s Office because he’s retired, even though Rocha says he continues to fill in at schools periodically, as a substitute principal, referred to as an “itinerant”. They settled on Rocha’s third choice of simply, “Retired Principal.”
“After I retired, what’s pretty common, is if we will be available to serve as substitute principals,” he explained. “I’ve worked the last two years as a substitute principal at all levels including at Bidwell High School for a week, later this month.”
Rocha shared with the Herald a copy of the email sent to him by Householder about his ballot designation explaining why he couldn’t use the term “Educator.”
On Aug 1, 2024, at 3:57 PM, Ellie Householder <ehouseholder@antiochca.gov> wrote:
“Good afternoon Mr. Rocha,
I hope you are doing well.
Our office received a call today from Jacob (Stull), Supervisor at Contra Costa County Elections Division, regarding your Ballot Designation.
Jacob said that your proposed ballot designation has more than 3 words “Retired Antioch High School Principal.” The 1st alternate ballot designation listed “Retired Principal/Educator”; Educator is not your current position as you stated that you are retired, and your main source of income is your pension.
Jacob did approve your second alternate ballot designation as “Retired Principal.” I simply wanted to share this information with you.
Thank you. Have a great week.
Best wishes,
Ellie Householder, MPP
Antioch City Clerk | Elections Official”
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Questions for Householder, Staff
An email was sent to City Clerk Ellie Householder and her staff on Friday night, Aug. 23, 2024, asking, how is it that Dominique King can use the ballot designation of “Businesswoman, Educator, Consultant” even though she isn’t a teacher, doesn’t have a four-year college degree nor a teaching credential, yet, her opponent, Louie Rocha can’t use the same term of ‘Educator’, even though he has been in education for most of his career.
They were also provided with a section from the press release announcing King’s campaign which describes her work as follows: “For the last seven years, King has volunteered and supported Antioch families through educational advocacy by helping families with children who need additional educational support, including children with special needs.” The city clerk and staff were then asked why Mrs. King wasn’t required to use the term, “educational advocate” which more accurately describes what she does rather than “Educator”. Finally, they were asked if King had told them that she works as a teacher, and if so, did she tell them where she teaches.
Householder responded on Tuesday, Aug. 27 writing, “Louie stated that he is in fact a Retired Principal and his main source of income was his pension. ‘Educator’ was also included in his ballot designation. Unfortunately, we were notified by the Elections Supervisor Jacob (after submitting Louie’s candidate paperwork), that ‘Educator’ was not permissible as Louie is retired.”
So, even though, since he retired, Rocha has been hired periodically as an interim assistant principal and fills in for teachers in the classroom in AUSD schools, which would mean he continues to work as an educator, because it’s not his primary source of income, he can’t use the title of educator.
“For Dominique, a part of her primary profession includes educating, which she explains in her ballot designation worksheet. Educator does not mean teacher,” Householder continued. “When our office reviewed this following the California Code of Regulations – Elections Code, we found that her designation was acceptable, since it is a part of her primary source of income.
Jacob also advised that their office would review and approve the requested candidate nomination paperwork submitted.”
While King wouldn’t explain to the Herald how she’s an educator or where she teaches, on the website for her and her husband’s business it reads, “Lean in with the Kings is family owned and operated. LIWTK mission is to educate couples and families on how to foster healthy relationships through 1. Utilizing health and wellness. 2. Enlisting the help of professionals 3. Openly speaking from our experiences. 4. Building a supportive and informative community.”
County Elections Supervisor Explains Role, Guidance Provided, Didn’t Approve Ballot Designations
Asked why he denied Rocha’s use of the term “Educator” but approved King’s, Stull said, “The City Clerk is the determining factor for approving ballot designation. The original one was ‘Retired Antioch High School Principal’. But that was too many words. He could say he is a retired principal or retired school principal. We were trying to work with them, the City Clerk’s office.”
Asked if he had seen Rocha’s request for the designation to be “Retired/Principal/Educator,” Stull said, “No. In this case, when we spoke on the phone it was a length issue. We didn’t have the Ballot Designation Worksheet.”
“Alternate 1 was Retired Principal/Educator. You can’t use a retired designation and current designation,” the Elections Supervisor continued. “His Alternate 2 was Retired Principal and that’s what the City Clerk’s Office approved.”
“We reached out to the City Clerk about Rocha’s designation because it exceeded the word limit,” he explained.
“I don’t have Ms. King’s Ballot Designation Worksheet,” Stull stated. “The City sent me the Declaration of Candidacy, which is a form the City and County have. On the form in section 2 you put the name you want printed on the ballot. Ms. King turned in all of that with the city clerk’s office. I don’t have the justification for what that designation she requested. I don’t know if she explained educator differently. I have to go with what the City provided us, Ms. King’s three professions, occupations or vocations.”
Asked how she can use both titles of “Businesswoman” and “Educator” if the educating is done through her business and how the term educator does not mean teacher he said, “I don’t know if there are definitions within the Elections Code to define terms.” A review shows there isn’t a definition for “educator” in the state Elections Code.
The Declaration of Candidacy is not a public document and the City Clerk’s Office staff would not provide it following a request by the Herald.
County Elections Division Sides with the City on Ballot Designations
“It’s supposed to be your principal profession, occupation or vocation, a maximum of three words separated by slashes,” Stull explained. “We have to qualify the candidate, but the final say is with the City, and we side with the City. They’re the filing official. We will provide guidance when needed.”
“We reached out to Rocha because his designation was too long. King’s was fine,” he added.
Additional Questions for City Clerk, Staff
Under the California Code of Regulations Title 2. Administration Division 7. Secretary of State Chapter 7. Ballot Designations in subsection 20716 Unacceptable Ballot Designations it reads, “The following types of activities are distinguished from professions, vocations and occupations and are not acceptable as ballot designations pursuant to Elections Code Section 13107, subdivision (a)(3):
- Avocations: An avocation is a casual or occasional activity, diversion or hobby pursued principally for enjoyment and in addition to the candidate’s principal profession, vocation or occupation. Avocations may include, but are not limited to, hobbies, social activities, volunteer work (except as set forth in Section 20714.5 of this Chapter), and matters pursued as an amateur.
Householder and the City Clerk’s staff were then asked additional questions, including regarding what she wrote in her response about King. They were asked what “is a part of her primary source of income” that refers to teaching, and if it is through her and her husband’s “Lean In With the Kings” business. While on their website it reads, “LIWTK mission is to educate couples and families on how to foster healthy relationships,” even if that’s the basis for the approval of King’s use of the term in her ballot designation, how can she use both titles of Businesswoman and Educator if the educating is done through her business, and shouldn’t it be one or the other, Householder and staff were also asked.
Since King hasn’t said if her position as Chief Information Officer for the Oscar Grant Foundation is a paid or volunteer position, and if the latter, it would mean it’s not her profession, vocation or occupation, as is the requirement in the California Code of Regulations for Ballot Designations – Ballot Designations :: California Secretary of State, the City Clerk and staff were asked if that was the position to which King’s title of “Educator” applies.
Householder was specifically asked, since when does the term educator not mean teacher and where she obtained that definition. She was informed that it’s not defined in the State Code of Regulations and that the dictionary definition according to Merriam-Webster is clear that it means “teacher”.
The City Clerk was asked what definition she is using and the source for that definition.
Finally, Householder and her staff were asked if King is a volunteer educational advocate, a part-time columnist for the Clayton/Concord Pioneer, serves as the Chief Information Officer for the Oscar Grant Foundation (either for pay or as a volunteer) and doesn’t have a four-year degree in either education or counseling, then isn’t her work through her LIWTK business done as an amateur.
Candidates Explain, Defend Use of Titles on Ballot Designation Worksheet, King Using Business for All Three Titles
Candidates must submit a Ballot Designation Worksheet with up to three options and justifications for each. After obtaining copies of both King’s and Rocha’s worksheets, which show King is using her “Lean in With the Kings” business as justification for all three ballot titles, more and pointed questions were then sent to Householder and City Clerk staff.
They were asked shouldn’t the different titles be for different jobs a candidate holds or businesses they own or must, or can, they all refer to the same occupation, vocation and profession.
Furthermore, they were informed that in the list of questions on the form that candidates are required to mark boxes next to “Yes” or “No” to and initialize, it reads under question “3. Use more than three total words for your principal professions, vocations, or occupations?”
Householder and her staff were asked, shouldn’t those three words describe three different professions, vocations or occupations and can a candidate use more than one title in their ballot designation to refer to the same profession, vocation or occupation.
King’s Ballot Designation worksheet offered three options including her Proposed option which she was granted, Alternate 1 of “Businesswoman/Consultant” and Alternate 2 of “Businesswoman/Educator”. Beneath the justification for each of the ballot designation options she wrote under “Current or most recent job title: Cofounder Owner Start Date: 2019, Employer Name or Business: Lean In With The Kings llc. Under the name of the “Person who can verify this information” she provided Kenneth King, her husband, as well as his phone number and personal email address. Under King’s second and third choices she merely wrote “Same As Above” for the latter information.
King’s Justification for use of her 1st PVO (profession(s), vocation(s), or occupation) reads, “I co-own this business with my husband. This is my primary source of income. Education make up a large percentage of daily operations. Consulting with client on initiatives & programs is a part of our business model.”
For the Justification for use of 2nd PVO, King wrote, “As a businesswoman consulting is a portion of how we shape initiatives & programs created when outsourcing with companies or organizations.” For the Justification for use of 3rd PVO she wrote, “Education is our focus in how to engage and empower personal, relational and communal relationships. Programs are structured and require planning and preparation.”
Then, for the Justifications for the use of her 1st, 2nd and 3rd PVO’s, even though she only offered two each for her Alternate ballot Designation 1 and 2 she repeatedly wrote, “Same As Above”.
On Rocha’s Ballot Designation Worksheet as Justification for the Proposed Ballot Designation of “Retired Antioch High School Principal”, under Justification for use of 1st PVO he wrote, “I was principal of Antioch High School, retired in 2022.” For the 2nd and 3rd PVO’s he didn’t write anything. Then for the Justification for the Alternate Ballot Designations 1 and 2, Rocha simply wrote, “Same as above.”
For the person who could verify the information, Rocha wrote, Stephanie Anello, who was Antioch Unified School District Superintendent at the time, and her then-district phone number and email address.
Householder Explains Reasons for Approving King’s Use of Title “Educator”
Householder responded on Saturday, Aug. 31 writing, “In regards to your question about having multiple words to describe Mrs. King’s occupation, the simple answer is that Mrs. King is both a business owner and employed by the business. She explains this on her ballot designation worksheet, which you’ve seen.”
“Many people who own a business don’t work as employees of that business,” the City Clerk continued. “To use a generic example, someone owns a restaurant. Their ownership of that restaurant doesn’t mean they are also chefs. However, if they owned the restaurant and worked as a chef there, we would allow “business owner/chef” as their ballot designation. Mrs. King is both a co-owner and employee of Lean In With the Kings, which is the rationale for the multiple words to describe her profession.”
“In regards to your previous question about ‘educator’, as stated on her ballot designation, ‘Education is our focus in how to engage and empower personal, relational, and communal relationships. Programs are structured and require planning and preparation.’ I differentiate ‘teacher’ as someone with a credential and ‘educator’ as someone who educates, instructs, or coaches on a particular topic,” Householder explained.
“The ultimate goal when assessing a ballot designation is that it be true and accurate. Our office meets and extensively discusses this with candidates when navigating what designations are allowable under the Elections Code,” she added.
More Questions for Householder
However, on King’s Ballot Designation Worksheet she only provides the title of “Co-Founder/Owner” which she wrote three times and applies to her first ballot designation. Householder was then asked, what title as an employee for the business does King use for her “Educator” title.
Householder responded on Thursday, August 5th writing, “A part of the work she does at her organization does is educational. Hence, the title “educator.” She explains that under justification 3.” But that doesn’t provide her position as an employee. The city clerk was then asked on Friday, August 6th, what is King’s position as an employee of the company which is “educational” and since she didn’t provide her employee position, how can Householder make that argument.
But the city clerk did not respond prior to publication time.
Questions for King Go Unanswered
Regarding the justifications for the three titles in her approved ballot designation King was asked several questions for clarification in an email early Thursday evening, Sept. 5th. She was first asked why she didn’t share that it’s her business through which King claim to be an educator when she was asked how she’s a teacher and where does she teach that could have been included in the article about her candidacy.
Because her worksheet under Justification for use of 1st PVO only shows that they’re part of her business model, King was asked on what initiatives and programs for clients that she has consulted.
King was also asked, with what companies and organizations does her business outsource as mentioned in her Justification for use of 2nd PVO (“Educator”) and to provide a couple examples.
The District 2 council candidate was then asked if she meant “communial” instead of “communal” under the Justification for use of 3rd PVO (“Consultant”), because the latter word could not be found in online searches. She was also asked how the education portion of their business is conducted, if do they teach your clients from books, manuals, videos, etc., are they given homework which she reviews and/or tests which she grades
She had the justifications for the latter two ballot designation titles reversed on the worksheet.
Regarding Householder’s explanation of why King can use three different titles for the same business, the candidate was reminded that on her Ballot Designation Worksheet, King only provided the title of “Co-Founder/Owner” which she wrote three times and applies to her first ballot designation. King was then asked what title as an employee of the business does she use for her “Educator” title.
Lastly, King was asked, again, if her position with the Oscar Grant Foundation is paid or volunteer.
She did not respond by publication time on Friday, Sept. 6 at 6:00 p.m.
Please check back later for any updates to this report.
the attachments to this post:
LRocha Ballot Designation Worksheet pp1&2
DKing Ballot Designation Worksheet pp1&2
Ellie Householder Dominique King Louie Rocha