Public comments before the Closed Session decisions both positive, negative

By Allen D. Payton

During a special Closed Session meeting Wednesday afternoon, Oct. 7, 2026, the City Council chose to keep Antioch Human Resources Director Ana Cortez as acting city manager and begin the process to appoint an interim city manager. The Council also agreed to begin the recruitment process to search for a permanent city manager. The meeting was held on the last day of outgoing City Manager Bessie M. Scott’s two-year contract. (See related article)

Public Comments

During Public Comments at the beginning of the meeting, four residents spoke but only two on the matters to be discussed.

Melissa Case spoke on Item 4.2 saying, “I believe the process of selecting the next city manager should be as transparent as possible…and we’re not just hiring somebody to sit in the city manager’s office. I think we should be very clear about what we’re looking for. I personally want a city manager who understands economic development and knows how to find and pursue grants. Antioch has tremendous needs, right now and there are state and federal resources available to us. I also want someone that knows how to build partnerships and to bring these dollars to Antioch. I want someone who knows how to inspire city employees to do their best work. I want a city manager who is customer service focused. The residents of Antioch are the customers of our local government. The first question should be, ‘how can we solve this’ not ‘that’s not my department’ which I get a lot.”

“I also want someone who understands budgeting, accountability, infrastructure, public safety, economic development, communication…and long-term planning and someone who can actually work professionally with the five of you, as well,” she continued. “Someone who can track the results.”

“I just think it’s important to find someone who knows how to get things done…and how to get the resources to do it. Knows how to inspire the people, here in Antioch, the workers and the citizens and remembers who they’re ultimately serving which is the people of Antioch,” Case concluded.

Another resident who chose to not provide his name or turn in a speaker card spoke about Item 4.3, regarding, “Significant exposure to litigation. So, somebody filed a whistleblower complaint. I guess Because of my efforts at public records requests, I’ve read some of the emails between certain government officials of Antioch.”

So, Bessie was complaining because Ron was trying to get something on the agenda for one of his campaign donors. That’s not ethically correct,” he continued. “Ron was apparently going around telling everybody she’s unexperienced. She’s not doing the job. And somebody in the back of a public meeting said, like, ‘she doesn’t know what she’s doing. She’s a jerk,’ and Bessie ran with that.”

“So, somebody’s a whistleblower,” he stated, then named all of Antioch’s city managers, including acting and interim, dating back to 2017, making a comment about each of them and about his own past arrest.

“Now, we’ve got Ana back. Look how many mistakes she’s made. I’m sorry, Ana. I have to say it. If I had more time I’d say the good things you’ve done. But you’ve screwed up. You’re screwing up. You can’t hire her. We can’t afford it. Look at all the mistakes she’s made. God bless you,” he concluded.

After City Attorney Lori Asuncion read off each of the four agenda items, the council then adjourned to Close Session.

Council Decisions Keep Cortez in Acting Position While Searching for Interim, Permanent City Manager

Following the Closed Session that lasted almost two-and-a-half hours, Asuncion reported out saying, “For agenda items 4.1 and 4.4…Council gave direction that Ana Cortez will continue serving as Acting City Manager while the council completes the process of selecting an interim city manager.”

Item 4.1 was a Public Employment Appointment: Interim City Manager and Item 4.4 was a Conference with Labor Negotiators regarding the Interim City Manager position.

“She’s also authorized as the Human Resources Director to negotiate an employment agreement with the candidate for the interim city manager position,” the city attorney continued. “If and when an interim city manager is chosen and an agreement reached, the appointment and agreement will be brought to open session during a regular city council meeting for consideration.”

Asuncion then said, “For agenda item 4.2…Public Employee Recruitment: City Manager…Council provided direction to staff to move forward with a Request for Proposal process for the permanent city manager recruitment.”

For item 4.3 which reads, “Conference with Legal Counsel – Significant exposure to litigation pursuant to Government Code Section 54956.9(e)(2): Number of potential cases: (1). The City is in receipt of information concerning facts and circumstances that might result in litigation against the City which are known to a potential plaintiff or plaintiffs pertaining to possible Labor Code Section 1102.5, and Fair Employment and Housing Act violations,” the city attorney said, “And there’s nothing to report for that item.”

According to California.Public.Law, Government Code Section 54956.9(e)(2) reads, “Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced.”

According to Justia.com, Labor Code Section 1102.5 is referred to as, “Whistleblower Protection” and according to Bluestone Law, it “is the state’s main whistleblower law. It makes it illegal for your employer to retaliate against you — fire you, demote you, cut your hours, or push you out — because you reported something you reasonably believed was illegal.”

Following the meeting Asuncion, Mayor Ron Bernal and Mayor Pro Tem Don Freitas were asked if the council took votes. Bernal said, “It was more of a consensus. We didn’t take any official votes.”

The meeting was adjourned at 3:52 PM.

See the agenda and watch the meeting video at the 2:55 mark for the public comments at the beginning and the 2:23:06 mark for the report out.

the attachments to this post:

City Attny Asuncion reports out 10-07-26

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