Antioch Council continues learning about 36 current, 58 potential lawsuits against City
Discusses, provides direction on new city manager’s goals; provides direction to city attorney on 4 lawsuits about the previous council majority’s shutdown of the natural gas pipeline through the city, 58 claims
By Allen D. Payton
During a special Closed Session meeting on Thursday, Dec. 19, 2024, the Antioch Council met with City Manager Bessie Scott and Assistant City Attorney Kevin Kundinger to discuss a list of 28 of 36 current and 58 possible lawsuits against the City. It’s the second special meeting called by Mayor Ron Bernal in which the council and staff reviewed and discussed them. The first special, Closed Session, held on Dec. 11th, took over three hours to discuss eight other lawsuits. Some are about alleged violations of police use of force, while five are about the previous council majority’s vote to not renew the franchise agreement for the natural gas pipeline running through the city. (See related articles here and here) The lawsuit by the Antioch Police Officers Association (APOA) is to obtain phone records of former Mayor Lamar Hernandez-Thorpe according to the APOA’s attorney, Mike Rains.
After the meeting, Mayor Pro Tem and District 2 Councilman Louie Rocha said, “We’re getting educated on the lawsuits to understand what each are about. We’ve reviewed about half of them, so far.”
The first item on the Closed Session agenda was listed as “Public Employee Performance Evaluation: City Manager” but it was actually the opportunity for the new council to offer direction to Scott and provide her the goals that they want her to work on over the next four months. They will be the basis for her six-month evaluation in compliance with Scott’s contract.
The meeting began at 6:00 p.m., the council adjourned to Closed Session at 6:10 p.m. and almost four hours later, they returned to open session at 9:52 p.m. Although it’s not a requirement for special meeting agendas, Bernal included a Public Comments section prior to the council adjourning to Closed Session during which only two residents spoke. The first was former Councilman Ralph Hernandez who complained that there was “no packet at all…at the library”. (This news organization also did not receive an email about the meeting as usually occurs, and this reporter learned about the meeting the following day).
Hernandez also said “there’s a lot of litigation. I see a part of the problem that the City has. You’re supposed to have an administrative…inquiry and on many of those you have not had that.” He encouraged the council ensure that’s done so they’ll know what the complaints are against City employees.
The other speaker was Melissa Case asking that the council be fair and work collaboratively with the city manager in setting “realistic and attainable” goals for her. “I’m concerned she has a lack of staff, no assistant and there’s a lot to do in Antioch.”
“I think it’s crucial we set her up for success,” she continued. “Because her success is Antioch’s success.”
Case later said she meant an assistant city manager as Scott does have an executive assistant.
Slight Procedural Controversy
The only controversial matter occurred prior to adjourning to Closed Session when District 3 Councilman Don Freitas interrupted Kundinger, as he began to read the list of lawsuits, asking why he was doing so. The assistant city attorney responded, “It is considered, that is the position to make sure the record is clear.”
Freitas then said, “It’s a public record. It’s a public document. To me, this is just a waste of time.”
Kundinger responded, “If the council would like to make a motion to abbreviate the reading of that, I believe that would be amenable.”
“I think under Robert’s Rules the mayor has that power,” Freitas stated.
“To make a motion?” Bernal asked.
“No. To say it’s a public document and that’s it,” the newly-elected councilman and former mayor responded. “You don’t need a motion.”
Bernal than said, “I would like the assistant city attorney to go ahead and continue reading down the list, please. Please abbreviate it.”
But before the mayor finished speaking and after letting out a sigh, Freitas said, “Then I would like,” as he struck his forefinger on the dais, “Point of order I would like the city attorney also to look at Robert’s Rules and advise us on that matter, in writing.”
“Very well,” Bernal responded and to Kundinger he said, “If you could please proceed” which he did and finished reading the list of lawsuits taking another two minutes.
During Thursday’s meeting, the council also discussed the goals for the new city manager, which was required to be done during her first 30 days on the job which Scott began on Oct. 7th. As previously reported, Freitas pointed that out during his remarks following the oath of office ceremony at the Dec. 10th council meeting.
Municipal Pooling Authority of Northern California (MPA) is the City’s insurance provider. According to the organization’s website, MPA is a Joint Powers Authority provides and administers lines of coverage for liability, workers’ compensation and property for 13 member cities in Contra Costa County, including Antioch. If a council votes to settle a case or a plaintiff wins in court, the City must pay a deductible. That has usually been $25,000 per case.
Under Item 2, the 28 of the 36 current lawsuits listed on the meeting agenda included the following:
Agenda Item
2-1) Trent Allen, et al. v. City of Antioch, et al., United States District Court Northern District of California, (Case No. 3:23-cv-01895-TSH). The lawsuit was filed in 2023 by attorneys for Allen, Shagoofa Khan and four other plaintiffs, names six Antioch cops, three police chiefs and the City and seeks monetary damages, department practice and policy changes, court monitoring and labels officers’ actions a “conspiracy”. Allen is one of four suspects convicted in May 2024 for murder and attempted murder during a drive-by shooting in Antioch on March 9, 2021. (See related articles here, here and here)
2-2) Claudjanae Young v. City of Antioch, et al., United States District Court Northern District of California, (Case No.3:23-cv-02691-SI). Filed May 31, 2023, the lawsuit lists former Officer Devon Wenger, current Officer Erik Nilsen and the City. According to an NBC Bay Area new report, Young claims during an October 2019 incident she was “not only falsely arrested, but Wenger broke her arm in the process.” He “claims Young matched the description of a group of individuals accused of shoplifting at a nearby Spirit Halloween Store…Wenger’s partner on the scene, Officer Erik Nilsen, who is also being sued in the lawsuit, told Young she was being detained and not free to walk away. When Young tried to run inside the home, Wenger grabbed Young to arrest her. He claims she resisted, and confirmed her arm did break during the incident.”
2-3) Joel Tolbert III v. Antioch Police Department, et al., United States District Court Northern District of California, (Case No.3:22-cv-02026-JSC).
2-4) Antioch Police Officers Association v. City of Antioch, Superior Court of the State of California, Contra Costa County, (Case No. N23-1629).
2-5) King David Levon Donahue v. Antich Police Department, et al., United States District Court, Northern District, Case No. C23-05564 AGT.
2-6) Ramello Randle v. Antioch Police Department, et al., United States District Court, Northern District, Case No. 3:23-cv-05800-JSC.
2-7) Lamar Young v. Sgt. Stenger, et al., United States District Court Northern District of California, (Case No. 21-cv-08131-DMR).
2-8) Ashika Kanji v. City of Antioch, Superior Court of the State of California, Contra Costa County, (Case No. C24-00795).
2-9) Mary Reed v. City of Antioch, et al., Superior Court of the State of California, Contra Costa County, (Case No. C24-01367).
2-10) Jordan Davis v. County of Contra Costa, et al., United States District Court Northern District of California, (Case No.4:21-cv-04651).
2-11) O.Y. a Decedent, et al., v. Contra Costa County, et al., United States District Court Northern District of California, (Case No. 3:24-cv-05154-PHK).
2-12) Nicholas Shipilov v. City of Antioch, Kwame Reed, Ana Cortez, et. al, Contra Costa County, Case No. N24-1095.
2-13) Christopher Martinez v. City of Antioch, Antioch Police Department, et al., Contra Costa County Superior Court, Case No. C24-03123.
2-14) Javier Elias Aguilar v. City of Antioch, et al., Superior Court of the State of California, Contra Costa County, (Case No.C23-00410).
2-15) Jessie Wilson and Dajon Smith v. City of Antioch, et al., United States District Court Northern District of California, (Case No. 4:24-cv-02758-JSW).
2-16) Reagan DeGuzman v. City of Antioch, et al., Superior Court of the State of California, Contra Costa County, (Case No.C23-00666).
2-17) Nicholas Roark v. City of Antioch, et al., Superior Court of the State of California, Contra Costa County, (Case No.C23-00410).
2-18) Jason Allard; Jamie Tellez v. City of Antioch; Superior Court of the State of California, Contra Costa County, (Case No. MSC21-00171).
2-19) Nicholas Warner v. County of Contra Costa, City of Antioch, Superior Court of the State of California, Contra Costa County, (Case No. C23-02689).
2-20) Susan Shintaku v. City of Antioch, Superior Court of the State of California, Contra Costa County, Case No. C24-00356.
2-21) Nirivana Allen v. City of Antioch, Superior Court of the State of California, Contra Costa County, (Case No.C22-02401).
2-22) Pat Stack, et al., v. City of Antioch, et al., Superior Court of the State of California, Contra Costa County, (Case No. C24-01065).
2-23) Jayson Robinson v. Antioch Unified School District, Antioch Water Park, City of Antioch, Contra Costa Superior Court, (Case No.C20-02420).
2-24) Annette Bullock, et al. v. City of Antioch, Contra Costa County Superior Court Case No.C19-01331
2-25) California Resources Production Corporation v. City of Antioch, Before the Public Utilities Commission of the State of California, A.23-07-008.
2-26) California Resources Production Corporation v. City of Antioch, Antioch City Council, Court of Appeal, State of California, First Appellate District, Division Four, A168517, A168558.
2-27) Delta Gas Gathering, Inc., et al. v. City of Antioch, et al., Contra Costa County, Superior Court Case No. MSN21-2355.
2-28) Enerfin Resources Northwest Limited Partnership v. City of Antioch, et al., Contra Costa County Superior, Court Case No. MSN21-2356.
In addition, the agenda included a Conference with Legal Counsel of Anticipated Litigation for the discussion of 58 claims against the City, later referred to as Item 3.
Reports from Closed Session
After returning from Closed Session with District 1 Councilwoman Tamisha Torres-Walker absent, Assistant City Attorney Kundinger reported out saying under Item 1, “direction was given to the city manager” and “for Items 2-25 through 2-28 direction was given to the city attorney. For all other items underneath Item 2 there was no reportable action and for…Item 3 direction was given to the city attorney’s office.”
Eight Additional Lawsuits Discussed During Dec. 11th Special Meeting Agenda
Previously, on the Dec. 11th special Closed Session meeting agenda, eight other lawsuits were included:
Jayson Robinson v. Antioch Unified School District, Antioch Water Park, City of Antioch, Contra Costa Superior Court, (Case No.C20-02420).
Kathryn Wade v. City of Antioch, et al., United States District Court Northern District of California, (Case No. 4:23-cv-01130-DMR).
Juan Laspada, et al., v. City of Antioch, et al., United States District Court Northern District of California, (Case No.4:23-cv-01955-KAW).
Terry Robinson v. City of Antioch, Matthew Nutt, United States District Court, Northern District of California, Case 4:24-cv-03974-KAW.
Javier Elias Aguilar v. City of Antioch, et al., Superior Court of the State of California, Contra Costa County, (Case No.C23-00410).
Jarrod Garner v. City of Antioch, et al., Superior Court of the State of California, Contra Costa County, (Case No. C23-01669).
Breanna Butson v. City of Antioch, et al., Superior Court of the State of California, Contra Costa County, (Case No. C22-00161).
Edward Burkhalter v. City of Antioch, et al., Superior Court of the State of California, Contra Costa County, (Case No. C22-02663).
California Resources Production Corporation v. City of Antioch, Superior Court of the State of California, Contra Costa County, (Case No. N23-0843).
According to the annotated agenda for that meeting which began at 8:16 p.m. and adjourned to Closed Session at 8:21 p.m., District 4 Councilwoman Monica Wilson left at 9:45 p.m. during the Closed Session and Torres-Walker left at 10:38 p.m. after it was finished, but before the council returned to open session at 10:41 p.m. City Attorney Thomas L. Smith announced there was no reportable action.
Before deciding to settle any of the cases against the police department, the council and staff have the opportunity to review body cam video footage of the related incidents.
To watch the council meeting video, click, here: www.antiochca.gov/government/city-council-meetings/12-19-24/. To read the Special Meeting agenda click, here: 121924.pdf.
the attachments to this post:
City Mgr Scott & Asst City Attny Kundinger ACC121924
New council at special mtg ACC 12-19-24
