Antioch School Board tables censure of fired-up President Hernandez on 4-1 vote during raucous meeting
Audience members disrupt Trustee Mary Rocha’s efforts with cat calls, chants
“I’m not a process person. I’m a people person. This is keeping the same status quo,” – Hernandez
Trustee Jag Lathan claims the process was “reenacting oppression and White supremacy”
“they want to uphold systems of oppression” – resident Devin Williams
By Allen D. Payton
Following the fire in the hills south of Antioch Wednesday afternoon, June 26, 2024, there was also fire in the board room during the meeting of the Antioch School Unified District Trustees when the resolution to censure Board President Antonio Hernandez was discussed and subsequently tabled indefinitely. He faced the action for claims of 12 violations of board policies and bylaws, the state’s Brown Act open meeting law and federal HIPPA law. (See related article)
After hearing every resident who spoke against the resolution during public comments and raucous behavior by some of them, four of the board members voted to table the resolution with only Vice President Mary Rocha who sought the censure offering the lone no vote.
At the beginning of the regular meeting, Hernandez said there was nothing to report out from the Board’s closed session held earlier, which included two items, 2A. Public Employment (Gov. Code section § 54957, subd. (b)(1)) Title: Interim/Acting Superintendent and B. Public Employee Performance Evaluation Title: Superintendent. However, Superintendent Stephanie Anello was not in attendance as she is only back on a half-day work schedule.
“I’m sorry I have to bring this up, but…I felt the need to discuss what was going on,” Vice President Mary Rocha stated about the censure resolution. “I wanted the board to vote yes or no.”
Before publicly reading the resolution and the 12 violations Hernandez was accused the board heard from members of the public.
Public Comments
During public comments, many of those who often speak during Antioch City Council meetings spoke on the proposed censure resolution, and all were opposed.
Frank Sterling spoke first saying, “I don’t think this is really necessary. When someone says there is bullying…that’s something that we want to deal with and take seriously.” He compared it to what the police under investigation by the FBI did and mentioned former Police Chief Allan Cantando who is married to Anello.
Take the bullying seriously and also denounce any support of the APOA. I know some of you, Mary, have the endorsement of the APOA. Let’s just drop this item while you still can…and take this kind of action to the bullies.”
Patricia Granados, who said she is a Latina, claimed Rocha was racist for the censure.
Resident Gavin Payton spoke next saying, “If you guys make this decision you will highly affect the voters. You say you’re champions for youth. Prove it right here in this moment.”
His mother, Dr. Kimberly Payton, Vice President of the NAACP East County Branch said, “I have to say I’m really disappointed this is up for discussion. I’m disappointed about the Black and brown students who are failing in the school district. I’m disappointed that another member of the Black and brown community is censuring a member of the Black and brown community.”
She then spoke about the superintendent saying, “Where’s her yearly observation? She continues to get annual raises. Isn’t your job…to work with the superintendent for education for all? I encourage all of you, right now, stop calling the youth of this district students and start calling them scholars. This right here…this is a crap show.”
Resident Mary Lutz spoke next saying, “We’ve been in the district for 10 years, I’ve seen three people of color…censured by the board. Those are typically people I’m voting for, people who are trying to make change. I’m not hearing anything except from Antonio Hernandez and Jaz trying to help students improve. I did come to the meeting at which we were going to talk about Stephanie Anello…and you didn’t show up at all. The people still should have had the opportunity to speak, discuss and decide for ourselves. We did have a meeting. It was public. I’m a parent. I’m not on anyone’s team. I don’t have an agenda.”
She was referring to the special board meeting called by Hernandez for which no other trustee showed, yet he remained, listened to and spoke with the members of the public in attendance, instead of adjourning the meeting, leaving the board room and speaking with those in attendance outside, in violation of the Brown Act.
Lutz then raised her voice saying, “We need to know what’s going on. We have two people who talk to us,”
She then calmed down and said in conclusion, “The people you are hurting are students and those are the people who are voting real soon.”
An emotional Daniel Hernandez said, “I will speak about my brother.” He then spoke in Spanish, then switched back to English speaking about the board president’s educational accomplishments.
“This hurts. I heard the name Rocha growing up and I thought, she’s a Latina,” he stated. “I don’t even think you know what’s in that resolution. He is committed, he is dedicated, and he wants to do right by this community. But it doesn’t feel like that. It feels like we want to keep going with what we have.”
He has started this change, today and we want to keep going,” the brother concluded.
Their sister, Beatriz Hernandez, then spoke against the resolution saying her brother, “acted in the best interest of students and our community. It would send a discouraging message…to those committed to change.”
She said Rocha had also called for Hernandez’s resignation as board president but, “Only the censure has ended on the agenda” which Beatriz labeled, “Ill-founded,” citing “the misapplication of HIPPA which does not apply to school districts. We should be supporting him in trying to steer the school district. Focus on what really matters…building a more inclusive district for generations to come.”
Olga Smith shared her thoughts saying, “I openly express my dismay with this resolution…when we have two out of every 10 third graders reading at grade level…when we are here talking about the censure of Board President Antonio Hernandez. I hope the whole board would function with diplomacy. There are bigger fish to fry.”
Frances Green of the NAACP East County Branch said, “Mary, I’m very sad that you have this fight. I hope you won’t do this.”
Devin Williams spoke next saying, “This is unacceptable. The fact that this whole bullying thing took place and the fact that now you’re being censored…now you’re one of the bullied in our school district. We all know people have agendas and they want to uphold systems of oppression. You all ought to be ashamed of yourselves if you vote for this and censure someone who called out people. You’re not acting like adults. Press the button and push the right one…when you decide on this man’s position, tonight. This man is trying to change things. This woman is trying to change things (referring to Trustee Jag Lathan) and you aren’t allowing this to happen.”
“You’re going to do this, Mary Rocha against someone who is young and up and coming?” Williams asked.
Board Discussion and Votes
Trustee Dr. Clyde Lewis was the first board member to speak saying, “This is a tough situation. HIPPA doesn’t apply to education. That’s absolutely true. But there are rules that govern how information is shared. I’m a process guy. I’m going to leave it at that.”
“I admire this man,” Rocha began saying before being interrupted by chants from some in the audience of “Hey hey, ho ho, Mary Rocha has got to go.”
Hernandez then gaveled them down and said, “I stand by all of my actions and I’m willing to hear out what they’re going to say and give them their space.”
“I appreciate this individual, and I’m impressed with his future,” Rocha then stated. “It took me a while to have the guts to come up here.”
She then began reading the accusations against Hernandez included in the resolution as some people in the audience continued making cat calls.
“This is only one of seven pages and that is the reason I brought it forward,” Rocha continued. “We have rules and policies we have to follow. If we don’t, we have chaos,” to more yelling from the audience.
Trustee Gary Hack then said, “there’s only one word. It’s called process. We have books and we have rules to go buy. This whole thing went off the rails. There are very different ways to look at issues. My concern initially…what I’m saying to you is process is very important and the process was ignored.”
The audience continued to call out.
Trustee Jag Lathan then said, “I am really disappointed and while process is huge for me, as well and I understand process sometimes means you’re reenacting oppression and White supremacy. It feels like the duties we are trying to do. Trustee Hernandez did the same thing and that was be public about public issues. We are not to do business in private and behind closed doors. Additionally, emails are public information in our position. I appreciate the work you’ve done, President Hernandez.”
However, that’s not completely correct if the emails regard district employees, complaints against them or their possible discipline.
“I know we’re electeds, but we were elected to do the work of the people,” she continued. “We tend to follow processes that the majority wants and when you don’t want to follow other processes you don’t.”
“It all started with our employees saying they were bullied and now we’re ending with saying you have to be silent,” Lathan stated. “When we know what we saw with our eyes and know what we heard with our ears form our employees but we’re moving on that’s unacceptable. I’m sorry this is happening. But I’m sure in a few years you will look back…and say ‘we did the right thing.’”
“Who wrote this resolution?” Hernandez then asked.
“All you had to do was pick up from the book and see the violations,” Rocha responded, then said, “I had help in getting it written.”
“Did this cost our district money?” Hernandez asked.
“No,” she said.
“This is absolutely so far beyond me,” a fired-up Hernandez stated. “This is about the direction of our district and our community. We know this is absolutely in malice and sloppy, quite frankly.”
He then read from the accusations and pointed out from a board policy cited in the resolution, “the Board shall not prohibit public criticism of elected officials or staff.”
“It’s the HIPPA Act not the HIPAA Act clearly showing they lack the understanding of the process they claim to covet,” the animated Hernandez exclaimed. “This is the public’s school district. This is the public’s building. You all have every right to use it. To say you can’t…you’re missing the point.”
“I’m not a process person. I’m a people person,” he stated. “And that’s what brings this back to what this is all about. This is about changing what is failing our students, failing our employees. This is keeping the same status quo.”
Some in the audience started chanting again saying in response-style, “What do we do? Stand up, fight back. No justice. No peace” and again, “Hey hey, ho ho, Mary Rocha has got to go.” Hernandez finally gaveled them down and said, “I appreciate the chants.”
He then made a motion “to table the resolution indefinitely.”
“I call for the motion,” Rocha said.
Hernandez then allowed a vote on calling the question following parliamentary procedures, “to take the vote and stop all discussion.”
Trustee Gary Hack abstained, Lathan voted no, Lewis abstained, Rocha voted yes and Hernandez voted no.
“So, the motion fails,” Hernandez said. “The motion before us is to table this.”
Hack seconded the motion.
Then he, Lathan, Lewis and Hernandez voted to table the motion with Rocha voting against.
View the Board meeting on the District’s YouTube channel.
the attachments to this post:
Mary Lutz speaks AUSD brd mtg 06-26-24
Antioch School Board mtg 06-26-24
