Following closed session council meeting Antioch city attorney resigns

Effective last Friday, will receive severance package
“this gives a new opportunity for the new city council to build a team and move forward and stop dwelling on the past.” – District 3 Councilman Don Freitas
By Allen D. Payton
Following the two-and-a-half hour Closed Session meeting by the Antioch City Council last Friday, January 17, 2025, during which they took no action on the performance, discipline, dismissal or release of an unidentified City employee, believed to be City Attorney Thomas L. Smith, it was announced Tuesday, January 21, that he had resigned effective that date.
A press release issued by City Manager Bessie Scott reads simply, “Antioch City Attorney Thomas Lloyd Smith has resigned effective January 17, 2025. Derek Cole, of the law firm Cole Huber LLP, will serve as the Interim City Attorney until a permanent City Attorney is appointed. The City Council would like to express its gratitude to Mr. Smith for his service and dedication to our city over the past five and a half years and wish him well in his future endeavors.”
Efforts to reach Mayor Ron Bernal for comment were unsuccessful. But District 3 Councilman Don Freitas, who called for Smith’s termination during the Dec. 10th oath of office council meeting, shared some details about the resignation.
“As I said at the Dec. 10th meeting, this gives a new opportunity for the new city council to build a team and move forward and stop dwelling on the past,” Freitas said when reached for comment.
Asked if they will start a nationwide search he said, “Absolutely. Now that Thomas has resigned and we have an interim city attorney in place, it gives us the opportunity to do a nationwide search for a city attorney.”
Asked if Smith will receive the severance package included in his contract since he resigned, Freitas responded, “Had the city council terminated him he would have received salary and benefits once a month for 12 months until he found another job. Part of the decision to let him resign was, he will receive the severance package. The city council had a choice. Moving forward was the possibility of terminating him which would make him eligible for the package. He has been with the city for six years. He asked that we give him the severance so, he could leave with dignity.”
“He has served the city for six years and it’s the desire of the city council to move in a new direction, so we felt that was the correct thing to do,” the councilman added.
“There was no reportable action because there was no vote, as he resigned,” Freitas added about was reported out by Bernal at the end of last Friday’s meeting.

About the interim city attorney, Freitas said, “My recollection is, Mr. Cole was very good at responding to requests for information. Transparency is critical and we want to make sure that when requests for information are made that they fulfill them as expeditiously as possible.”
Cole will have two assistant city attorneys to work with. According to his LinkedIn profile, Cole has been partner of his law firm since 2007 and received his law degree from McGeorge School of Law at the University of the Pacific in 1999. He earned a B.A. in pre-law from U.C. Santa Barbara.
Smith’s Background
As previously reported, Smith was hired in February 2019 on a 5-0 vote of the city council as Antioch’s first African American city attorney. He worked for law firm, Meyers-Nave, which was hired many times by Smith’s office, including for the defense of the lawsuit by the natural gas pipeline owners. While at the firm, Smith’s practice areas focused on Municipal and Special District Law, Labor and Employment, and Public Contracts. His senior management experience includes managing four departments across all offices of a global corporate law firm with more than 500 attorneys.
He started his professional career as a business analyst for McKinsey & Company in New York.
Smith earned his law degree from Harvard Law School, a Master’s degree in Public Policy at Harvard Kennedy School and a Bachelor of Science in Education, graduating magna cum laude from Seton Hall University.
At the time he was hired, according to his LinkedIn profile, Smith was a founding member of the Oakland Police Commission and served as its first chairperson.
City Attorney’s Responsibilities
According to the City’s website, “The City Attorney is appointed by the City Council as its chief legal counsel and has the following responsibilities:
• Serving as the primary legal advisor and legal representative to the City and City Council. The City Attorney’s Office cannot provide legal services to private citizens.
• Preparing all ordinances and approving contracts.
• Prosecuting all violators of the City ordinances and representing the City in all legal actions and proceedings.
The City Council appoints the City Attorney as its chief legal counsel. “corporate” legal counsel to the City as an entity and advises the City Council and City staff on contractual, regulatory and litigation matters. These matters typically include open meeting and public records laws; conflicts of interests; land use and environmental laws; claims and litigation; municipal elections; employment and labor relations; municipal utilities; procurement and other internal services; code enforcement; and resolutions, ordinances, and other legal documents.
The City Attorney’s Office does not typically prosecute criminal activity other than violations of the Municipal Code in certain situations.”
the attachments to this post:
Derek Cole interim city attorney LinkedIn