City manager’s email only sent to Hernandez-Thorpe of investigation into allegations of possible misconduct with staffer by former Antioch Police Chief Ford leaked to reporter
Made by estranged wife during divorce proceedings
Leak exposes City to lawsuit
“This is unfortunate. This is a private, personal matter and has nothing to do with Chief Ford’s past performance” – former City Manager Con Johnson who hired Ford.
By Allen D. Payton
An article by the East Bay Times published Tuesday, December 3, 2024, revealed an administrative investigation of possible misconduct by former Antioch Police Chief Steven A. Ford with a subordinate city employee during his brief tenure in the position. Ford was hired as interim police chief in April 2022 and was appointed to the permanent position that October. He retired from the position effective August 11, 2023.
An email from Ford’s estranged wife, Julia, who is pursuing a divorce, was sent to District 1 Councilwoman Tamisha Torres-Walker about the allegations, who in turn informed City Manager Bessie Scott who then began an investigative process. It was confirmed today, Thursday, December 5, that the email referred to in the Times article was sent by Scott only to Mayor Lamar Hernandez-Thorpe after he asked her to put in writing details about the matter.
Rumors have circulated recently that Ford was hoping to be hired again as Antioch’s police chief following the election of the new mayor and council members. He endorsed Ron Bernal for mayor and attended an election night party in Antioch where all three candidates and their supporters celebrated.
“Scott’s email is dated Nov. 27, roughly two weeks after Ford’s estranged wife on Nov. 12 emailed city officials accusing Ford of ‘dating someone who worked in Antioch’ last year,” the Times article reads. It also claims that in her email Scott wrote she reported the allegations to the California Commission on Peace Officer Standards and Training (POST), as required by state law (see below).
In Ford’s retirement announcement on July 19, 2023, just two days after another Times article revealed additional racist text messages among the department’s officers including one referring to him, Ford wrote, “It is with a heavy heart that I forward this email to inform that I will be retiring as of August 11th. My time here has been both a tremendous opportunity and quite challenging. What is most meaningful to me are the relationships I have forged. I’m grateful for the way you embraced me and the changes we made. I firmly believe with your help and determination this organization is poised to move forward in a very meaningful way and evolve where anyone would want to work.”
The Times article is based on the reporter’s claim of an internal email by City Manager Bessie Scott dated Wednesday, Nov. 27, that he obtained, which mentions the administrative investigation for which “an outside investigator” has been hired. It also reports that Ford is currently in the midst of a divorce and that the “proceedings began around the time of his resignation.”
As previously reported, Ford’s wife was a 26-year veteran of the San Francisco Police Department at the time of his oath of office ceremony in April 2022 and she joined her husband at the podium to pin him with his new chief’s badge.
Former City Manager Con Johnson Shares Concerns About Investigation
Former Antioch City Manager Cornelius “Con” Johnson, who worked with Ford during their time in the San Francisco Police Department, hired him for the top cop position in Antioch.
When reached for comment Johnson said, “This is unfortunate. This is a private, personal matter and has nothing to do with Chief Ford’s past performance. I understand Tamisha received an email from his estranged wife with accusations against the chief.”
“There’s not even a victim,” the former city manager continued. “I’ve never heard of an investigation into a personal matter. We’re still talking about a ghost. We don’t know who the accuser is or if that’s been verified or confirmed. Normally the person would be named. We’ve seen this in other departments. This, here, is a hit piece, a scare campaign to undermine the chief’s performance with the City of Antioch.”
“The facts that have been printed are this complaint came from his estranged wife about possible accusations,” Johnson stated. “I’d just like to caution people to not jump to conclusions until all the facts are in and give the chief the presumption of innocence. It all stems from a divorce process. This is between him and his wife.”
“The City does not have the authority to investigate a former city employee. I’m perplexed. I’ve never heard of an investigation of a former employee,” he added.
Asked about the possibility that the leaked email exposes the City to a lawsuit by Ford, Johnson said emphatically, “Absolutely. Because what ends up happening is, personnel matters are private and this should never have been leaked to the press in the first place and they don’t have the authority.”
“The city manager answers to all city council members. This is an unorthodox way to release information,” he continued. “If all of the council members have not been briefed about this matter, it’s inappropriate in and of itself. The city manager has the legal requirement and responsibility
“It’s very disturbing that two of the council members didn’t know about this and found out about it through the press. That’s completely inappropriate,” Johnson added.
Efforts to reach the former police chief for comment were unsuccessful prior to publication time.
Questions for City Staff, Mayor, Two Council Members Go Unanswered
Questions were sent Tuesday morning to City Manager Bess Scott, City Attorney Thomas L. Smith, Human Resources Director Ana Chavez and the five current council members. They were asked to whom the internal email dated Nov. 27 referenced in the article was sent, and if it was Cortez and Smith. They were also asked who is conducting the administrative investigation into the allegations against Ford.
They were asked if the council members were sent the email or informed of it before the article was published and if so, which council members.
They were also asked if they know who leaked the email to the Times’ reporter, if any of them had done so and if an investigation has been commenced to determine who leaked it.
A copy of the email was also requested to be sent to the Herald.
No responses from the city staff members were received prior to publication time.
Two Council Members Say They Didn’t Receive Email
Asked if they received the email both District 3 Councilwoman Lori Ogorchock and District 2 Councilman Mike Barbanica said they did not nor know about it before the article was published.
“Nor have I seen the email,” Barbanica added.
However, both of them said it was a personnel matter, and they shouldn’t have been apprised of a former employee.
“Since it’s a former employee and an HR issue I shouldn’t have notification. Unless there was legal action,” Ogorchock responded.
Ford is “an ex-employee who doesn’t and never did answer to the council,” Barbanica stated. “We’re not apprised of every internal investigation that occurs.”
Hernandez-Thorpe and Councilwomen Torres-Walker and Monica Wilson were also contacted separately with the same questions. Additionally, Torres-Walker was asked about the email she received from Julia Ford. But the mayor and two other council members did not respond prior to publication time.
Hernandez-Thorpe Questioned Without Response
Hernandez-Thorpe was asked separately why he found it necessary to send the city manager’s email about the matter to the media and if it was to derail Ford’s chance to return as police chief. The mayor was also asked if it was a revenge move of payback against Ford and what had happened between the two of them since the mayor had heaped praise on him during his grandiose oath of office ceremony when Ford was first appointed as Antioch’s interim police chief.
During that ceremony, Hernandez-Thorpe said about Ford, “Today, marks a new day for the Antioch Police Department and for our city, Chief Ford is Mr. Police Reform, and I look forward to his leadership getting us past our small divisions and towards a collective and shared vision for our future as a city. So, congratulations, Chief Ford for joining us in the City of Antioch.” (See related article)
Finally, the current mayor, who was recently soundly defeated for re-election and whose last day in the position is next Tuesday, was asked, “Doesn’t your action now expose you and the City to a lawsuit by Steve potentially costing the City taxpayer dollars to pay for outside legal counsel?” and “Is this how you want to leave your position?”
He did not respond to the additional questions prior to publication time.
Public Records Act Requests
A Public Records Act request was made by the Herald for any and all emails from Nov. 27 through Tuesday, December 3, 2024, by and between Scott, Smith, Cortez and Interim Police Chief Brian Addington, any other City of Antioch staff member and any council member, and any email communication by any city council and/or staff member with anyone at the East Bay Times or San Jose Mercury News regarding the allegations against Ford.
They were also asked on Wednesday, Dec. 4 to include any and all emails from council and City staff members to their own personal email accounts and to anyone else about the matter with Ford.
Finally, the four were asked if the release of the email by someone on the council or city staff to the media or anyone else about a former city employee, especially a sworn police officer expose the city and that individual to litigation by Ford.
Investigations of Police Misconduct Required by State Law
According to an article on the Police Officers Research Association of California (PORAC) Legal Defense Fund website by Mike Rains, of law firm Rains, Lucia, Stern, St. Phalle & Silver, California state law, known as Senate Bill 2 (SB-2), requires the reporting and investigation of accusations about police misconduct. Rains serves as the attorney for the Antioch Police Officers Association, of which police chiefs are not allowed to be members.
The “new law establishes a requirement that peace officers in California be ‘certified’ by POST, to serve in that capacity, and provides a new mechanism by which POST may review an officer’s alleged commission of ‘serious misconduct.’ Of major significance is the ability of POST to now make a determination on whether to suspend or revoke the officer’s certification,” he wrote.
“Beginning January 1, 2023, pursuant to section 13510.8(c)(1), law enforcement agencies are responsible for the completion of investigations of “serious misconduct” even if the officer has resigned employment,” Rains’ article continues.
The article further shares, “Penal Code section 13510.9(a)(2) requires an officer’s employing agency to report to the Commission any complaintorallegation made against an officer that could result in suspension or revocation of an officer’s certification…any findingorrecommendation by a civilian oversight entity, including a civilian review board, civilian police commission, police chief or civilian inspector general, that an officer engaged in conduct subject to suspension or revocation” and “the final disposition of an investigation that determines an officer engaged in conduct that could result in suspension or revocation of certification, regardless of the discipline imposed.”
Please check back later for any updates to this report.
