Following no quorums for special board meetings on the matter

Questions go unanswered by Hernandez about his efforts and by district staff on complaints against Turnage, two possible investigations

By Allen D. Payton

Only two Antioch Unified School District (AUSD) Board members attended the second special meeting called by Board President Antonio Hernandez for Thursday, April 25, 2024. That prevented the closed session from being held to consider the discipline, dismissal or removal of Superintendent Stephanie Anello and her evaluation. The meeting lasted less than a minute. (See the 8:00 minute mark of the board meeting video) (See related article)

As a result, he has included the same two items for the Closed Session portion of the regular board meeting scheduled for next Wednesday, May 8. The agenda items are listed as, 2.B. Public Employee: Discipline/Dismissal/Release [Pursuant to Government Code § 54957] and 2.C. Public Employee Performance Evaluation Title: Superintendent [Pursuant to Government Code section 54957].

The meetings follow his complaints about how Anello has handled the response to employee complaints against Kenny Turnage, who, at least until recently, was Director of the District’s Facilities, Maintenance and Operations Department. It is a repeated attempt by Hernandez, who has recently, publicly called for Anello’s resignation, to oust her since his second month in office following the November 2020 election. (See related article)

April 25 Board Meeting Cancelled

Hernandez, with Area 2 Trustee Jag Lathan sitting at the dais to his right, called the meeting to order at 7:05 p.m. Vice President Mary Rocha, and Trustees Dr. Clyde Lewis and Gary Hack were not in attendance and Anello’s seat was also empty. As previously reported, both Rocha and Lewis said they were unable to attend the meeting, were not asked if they could, and learned of it the day before. Nor did Rocha participate in setting the agenda, although the normal practice of the board is to include the vice president. In addition, Rocha shared that Anello had informed the trustees on Wednesday before the special meeting was called that she would be on sick leave until Tuesday, April 30. As of that day, Anello had still not returned to work.

During the April 25th meeting, a district staff member called the roll then said, “President Hernandez, we do not have a quorum. As you mentioned, the Brown Act (state open meeting law) prevents us from conducting a meeting.” Hernandez repeated what she said for those in the audience saying, “So, because we have not reached a quorum we cannot conduct official business. So, next I will entertain a motion to adjourn, as that is allowed under meetings.” While he was saying that last sentence the video switched to show just the district’s logo and then, as Lathan was making a motion, saying, “I make a motion,” the video ended before completing what she was saying.

On the Board Meeting page of the District’s website, it shows the first special meeting doesn’t appear and the second shows as, “CANCELLED”.

Attempts to reach Hack before the meeting asking if he planned to attend and attempts, following the meeting, asking him why he didn’t attend were unsuccessful.

More Questions for Hernandez Go Unanswered

In addition to the questions asked of Hernandez the night before the meeting, which have so far gone unanswered, the following were sent to him after: “Have you received any legal or other advice on how to handle the two items on your special meeting agenda? If so, from whom did you seek it? Since there was no quorum for either special meeting will you now place those two items on the agenda for the next regular school board meeting scheduled for May 8 and hold a closed session prior to its start at 7:00 p.m.?”

He did not respond. However, the last question was answered when the May 8th board meeting agenda was released on Friday.

Anello has not had an evaluation since at least January 2021 as the board has not been able to agree on the goals the members want her to achieve, upon which her evaluation could be based.

Some of the previous questions asked of Hernandez included, “Upon what do you plan to base the board’s evaluation of the superintendent? Have you and the board set any goals for the superintendent to achieve? Do you think it’s appropriate to call for the superintendent’s resignation before evaluating her performance? How can you fairly evaluate a superintendent after you’ve publicly called for their resignation?” Again, he has not yet responded.

Questions for District Staff Also Go Unanswered, Public Records Act Request Submitted

Questions were also emailed to Anello and other AUSD staff members, copying Kenny Turnage, sent on Saturday, May 27, have also gone unanswered.

They were asked if an internal investigation had already been conducted, by whom, and if it was someone in the District’s Human Resources Department and possibly Senior Director of Certificated HR Carrie Wells. They were also asked for the findings and if it was determined the desk Turnage moved to the top of a district maintenance department building was an extra desk from storage, not the employee’s and that Turnage did it as a joke.

The district staff members then were asked if any of that information was incorrect to provide the correct information.

They were also asked if the investigation, reported by NBC Bay Area, will be handled internally or by an outside agency or individual.

The district staff was also asked if what Trustee Rocha had shared, and was reported in a previous Herald article, that as of Wednesday morning April 24, Anello was on sick leave and that the board was informed prior to the special meeting being called for Thursday, April 25 is correct.

Finally, they were asked if Turnage was still working at his desk in the maintenance department office until Friday, April 19 and then placed on paid administrative leave as of Monday, April 22, as shared with the Herald by a district employee. Finally, the district staff members were asked where Turnage is currently working in the district, for his title, responsibilities and if any other district employees answer to him.

They were given until last Monday at noon to respond. Since they failed to, the questions were then submitted as a Public Records Act (PRA) request, for which government agencies have up to 10 business days to respond. The response can also be extended an additional 14 days if necessary. (See “The People’s Business – A Guide to the California’s Public Record Act” by the League of California Cities)

May 8 Board Meeting

Next Wednesday’s meeting will be held in the Board Room in the District Offices at 510 G Street, in historic, downtown Rivertown. The Closed Session begins at 6:00 p.m. with public comments allowed prior, recognitions and the regular meeting will begin at 7:00 p.m. It can also be viewed live on the District’s YouTube channel.

Please check back for any updates to this report.

11 AM – 3 PM

By Kibibi Columbus, Director of Outreach & Inreach, Grace Bible Fellowship of Antioch

Need some information on resources regarding work, education, or health? The Grace Closet Community Resource & Health Fair (CR&HF) will provide information on resources for Health Care, Mental Health, Cal Fresh, Housing, Career/Job Training, Education, Prevention, Food & Clothing. 

Come enjoy receiving a FREE Family Fun Day, Lunch, Games, Activities & Prizes for all ages at the CR&HF on Saturday, May 11th from 11 AM – 3 PM. We look forward to seeing you all at 3415 Oakley Road, Antioch. 

Special thanks to our sponsors: Grace Arms of Antioch, Grace Bible Fellowship of Antioch and the City of Antioch for awarding Grace Closet with an Enhancement Grant. 

For more information visit www.gracearmsofantioch.org/grace-closet.

Part of their Positive Pull-Up Initiative serving communities impacted by crime, blight

Community Ready Corps (CRC), based in Oakland, California, supports positive engagements with low-income families by participating in the Positive Pull-Up this weekend, which aims to promote cleaner and safer neighborhoods by finding solutions to local problems.  CRC will organize a week of community service that includes street cleanups, free food and music.  These events have been scheduled from April 27 to May 4, 2024. As they did last month in Antioch and Pittsburg, CRC will hold another neighborhood cleanup in Antioch – Saturday, May 4, from 12 – 2 PM at Peppertree Way and Sycamore Drive.

“CRC is committed to debunking the doom loop narrative. As part of our Positive Pull-Up Initiative advocating for solution-focused strategies, we have repaired broken windows in restaurants impacted by crime. We will continue to support our communities because Oakland’s legacy is about showing the world that whenever something goes wrong, our communities will pull together to fix the problem,” says Tur-Ha Ak.

He further adds, “The impacts of the pandemic have spiked crime, homelessness, and blight.  Let’s not forget food insecurities for struggling families in East and West Oakland, mostly who are Black and Brown. This Saturday, CRC is dedicating critical services and having fun while doing it.” 

Information about CRC’s Positive Pull-Up Initiative can be found on CRC’s Facebook and Instagram accounts. The group’s social media posts, showing dozens of Black community members cleaning up the streets with a large Black garbage truck (affectionately called “Big Black”), have been shared hundreds of times and inspired others to join them. It also includes CRC members providing gift cards and produce giveaways to support low-income families in Oakland.

CRC is independently funded and takes no government subsidies to provide necessary materials and equipment, such as their garbage truck, to tackle public safety concerns.

Community Ready Corps (CRC) is a Black, self-determination organization that works to build capacity in nine specific areas: Self Defense & Safety, Economics & Prosperity, Family Systems & Stability, Traditions & Ways, Technology & Efficacy, Education & Competence, Art & Media, Politics & Governance, and Health & Well Being.

Make your reservations for Mother’s Day, Sunday, May 12, today!

Enjoy a Fun Afternoon of Wine Tasting, Shopping, Art & Live Music in Antioch’s historic downtown

Fun Outdoor Wine Tasting Event! The Rivertown Business District is hosting local Wineries in Beautiful Downtown Antioch’s Rivertown Business District with Great Music Performed by Project 4 Band!

What: 2025 Rivertown Wine Walk & Artisan Faire
When: May 11, 2024 Noon-4pm
Starting Location: 314 G Street, Antioch CA 94509

This is a Free Event to the Public to Enjoy Artisan Faire and Music, If you Wish to Participate in the Wine Walk You Must Purchase a Ticket and be At Least 21 Years of Age. Tickets are limited to 500 So We Highly Recommend You Order Yours in Advance. Tickets also sold at Willow Park Mercantile & Rivertown Treasure Chest in Downtown Antioch CA

Participating Local Wineries & Merchants:

Hannah Nicole Vineyards – Willow Park Merchants
Cline Family Cellars – Almost There Travel
Bloomfield Winery – Rivertown Treasure Chest
Campos Vineyards – Royal Banquet and Event Hall
Viano Winery – Renu Salon
Oakridge Winery – K911kitty rescue
D’Art Winery – Flying Dutchman Tattoo
Nostra Vita Winery – Rivertown Chiropractic
Michael David Winery – Antioch Chamber
Favalora Winery – Jim Lanter State Farm Insurance

*Businesses Pouring Wine from 12pm -4:00pm

Sponsored by Celebrate Antioch Foundation

Free Public Parking: 2nd & E Streets, 2nd & F Streets, 2nd & Waldie Plaza, Between 2nd & 3rd City Hall, Across the Street from City Hall, Between 2nd & 3rd, Nick Rodriquez Comm. Center, 3rd & H Streets, 3rd & I Streets.

TICKETS

$20 Available Here Online or at Participating Merchants Until Day Before Event. Tickets: https://www.eventbrite.com/e/718284477207

$25 At The Door *Subject to Availability*

* Must be 21 years or older to participate in the wine tastings

* Valid ID’s required at check-in

Doesn’t consult at least four local news publishers in his district before developing legislation

SACRAMENTO – A data extraction mitigation fee on major Internet corporations would raise $500 million to fund employment credits for news organizations across California under legislation Senator Steve Glazer, D-Contra Costa, outlined Wednesday at a press conference. Joining Senator Glazer were news publishers representing hundreds of community, and ethnic outlets.

Amid the backdrop of newsrooms continuing a downward spiral with staff layoffs, cutbacks in resources or outright closures, Senator Glazer said “we must create a new framework to ensure that newsrooms keep our citizens informed and democracy accountable to the people.”

The bill, SB 1327, is co-authored by Senate President Pro Tem Mike McGuire, D-Santa Rosa, and Senators Catherine Blakeslee, D-Encinatas, Steve Padilla, D-San Diego, and John Laird, D-Santa Cruz.

Senator Glazer’s proposal would create a data extraction mitigation fee on the largest online companies, or platforms, with a minimum of $2.5 billion in revenues. The Data Extraction Mitigation Fee will be based on the value that online platforms derive by extracting personal and economic data from those who visit the company’s web pages.

“News organizations and their advertising revenues have been hollowed out by these online platforms,” Senator Glazer said. “They should mitigate this damage and this new bill will do exactly that.”

The data extraction mitigation fee closes a loophole that allows online platforms to avoid taxation on the value of the barter in which they engage with customers who, in effect, trade access to their personal data for the opportunity to use a website. While this kind of economic relationship has helped fuel innovation and access to information, it has also created what economists call “negative externalities” – or harm to third parties who are not directly a part of that exchange.

In this case, the harm is being done to local news organizations and, more broadly, to all Californians who depend on independent local news coverage of events that affect their daily lives and the democratic form of government – the foundation of our society.

“You cannot have informed voters if there is no one to tell them what their government is doing,” said Senator Blakespear. “We’ve seen the journalism industry devastated in recent years, and we need to do something about that. SB 1327 is a smart, sensible way to fund local journalism.”

Unofficial estimates indicate that a fee level equivalent to the current statewide sales and use tax rate could generate almost $1 billion per year. Of that amount, 39.5% would go to K-14 education as required by Proposition 98 and 1.5% would go to state budget reserves as required by Proposition 2. 

In addition to the constitutional requirement to use a portion of the fee revenue for education and budget reserves, some of the revenue would also go to backfill the state’s general fund for revenue lost when the companies deduct the cost of the fee as an expense on their income tax returns. Some of the money would also go to the Franchise Tax Board for administration and collection costs. That would leave approximately $500 million annually to support local journalism.

While Congressman Mark DeSaulnier held a Zoom meeting with local news publishers in Contra Costa County to provide input on his proposed federal legislation in 2021, neither Glazer nor his staff reached out to at least four publishers in the county for input on his bill before developing it. They include Tamara Steiner, publisher of the Concord and Clayton Pioneer, Mike Burkholder, publisher of ContraCostaNews.com, Greg Robinson, publisher of The Press covering Brentwood, Oakley and Discovery Bay, and Allen Payton, publisher of the Antioch Herald and Contra Costa Herald.

As he did with DeSaulnier’s bill, Payton twice asked the state senator if he would include an exception in the tax code to allow non-profit owners of local media to continue endorsing or opposing candidates and ballot measures, and publishing editorials. But that was not included in the state legislation.

However, Glazer did gather support from other news organizations and sought their input prior to announcing his legislation.

Steve Waldman, president of Rebuild Local News, a nonpartisan, nonprofit coalition of more than 3,000 locally-owned and nonprofit, community-based newsrooms, said the legislation would be a major breakthrough for the news industry – and for communities that are starving for local news.

“We vigorously applaud Sen. Glazer’s proposed local news employment credit, which would truly revitalize community news in California,” Waldman said. “It is a transformative proposal. It would dramatically improve the capacity of newsrooms to cover their communities and is especially attentive to the role of medium and small-sized outlets. 

Waldman added: “An employment credit places the incentives in the right place: hiring of local reporters. It’s non bureaucratic. It helps for-profits and nonprofits, print, digital and broadcast, urban and rural. It’s future friendly so new innovators can plug in too. And it does all this while being compatible with the First Amendment and the need to protect the editorial independence of news outlets.” 

Much like mitigation fees imposed on companies that put chemicals into the environment to make their products or develop projects that burden our roads and schools, this fee assigns the cost of saving local journalism to those firms whose economic activity is causing the news industry’s demise.

The program would also distribute at least $25 million annually for non-profit local news organizations that don’t benefit from tax credits. Half of that amount would be reserved for those news organizations with fewer than 10 full-time employees. Additional funds would be provided to journalism training programs.

To qualify for the tax credit, news organizations would have to have their primary circulation or distribution in California and their online news primarily consumed within the state. They would publish in the current and previous year and carry media liability insurance. Broadcasters would have to be licensed by the Federal Communications Commission to broadcast in the state to claim the credit.

All qualifying news organizations would be eligible for tax credits based on the number of working journalists they have, the credits increasing with every new hire. News organizations that aren’t profitable would be eligible for tax refunds, as would non-profit news organizations.

Matt Pearce, president of Media Guild of the West, said in a letter of support that the bill hits the right tone in its support of smaller publications and outlets.

“The journalism jobs tax credit is well structured, nondiscriminatory in a way that avoids government favoritism, and incentivizes local journalist employment,” Pearce wrote. “Smaller publishers with fewer than 10 employees – which includes many of California’s ethnic media publishers – would, appropriately, receive a slightly larger share of support than larger newsrooms. Freelance journalists are appropriately recognized and economically supported at a level that would not incentivize workforce fissuring. Employers that provide benefits to their employees would receive more support than those that didn’t.”

Laura Rearwin Ward, publisher of the Ojai Valley News in Ojai, CA near Santa Barbara and Ventura, praised Senator Glazer’s proposal to fund small news publications through tax credits and a data mitigation fee.

“Senator Glazer’s bill gives support to those most in need — California’s print and digital local, independent, and ethnic media,” Rearwin Ward said. “And the data mitigation fee appropriately focuses on large online platforms, such as Google, which profit from the use of content they do not create, and user data they have utilized in a one-sided barter arrangement. This fee will mitigate the harm done to the California news industry through loss of advertising revenue. This fee closes a loophole that has allowed online platforms to avoid taxation on the value of that barter. The visible damage to California is clear to see — huge losses in professional local news reporting, resulting in news deserts and ghost papers.” 

Lance Knobel, CEO and co-founder of Cityside Journalism Initiative, the nonprofit that publishes Oaklandside, Berkeleyside and Richmondside, said the legislation could be a game-changer.

“Senator Glazer’s local news employment credit tackles the core problem for local journalism in California: how can we sustain and even increase the number of reporters and editors working in our community? If passed it would be truly transformative for independent local news organizations like ours,” Knobel said.

Ken Doctor, Local Founder and CEO of Santa Cruz-based publication Lookout, said the proposed tax credits would be a critical lifeline for local news organizations.

“The best solution for California’s local news crisis is simple: more experienced journalists offering trusted and trustworthy reporting to and for communities up and down the state,” said Doctor, also an analyst with Newsonomics. “Sen. Glazer’s bill recognizes that payroll tax credits are the best way to fund such a revival, without having the state pick winners or losers. As the legislature debates how to fund such credits, the focus on them is the one essential going forward.”

“We have seen a dramatic devastation of the news eco system, and with it a coarsening of our politics that have led many to worry whether our democracy can survive,” Senator Glazer said. “In so many cases, stories are not being covered in communities, large and small. We often don’t know what politicians and other community leaders are doing – many of the checks and balances have vanished – because nobody is there to cover them. We want to restore accountability and strengthen our democracy by reviving newsrooms.”

Allen D. Payton contributed to this report.

Follow-up to March meeting

By Deborah Hicks

As a follow-up to the productive, community meeting on March 28 to discuss and prioritize community needs, a group of Antioch residents will hold a meeting to present their proposed solutions to Mayor Lamar Hernandez-Thorpe on Friday, May 17, 2024.

We have been working hard identifying and prioritizing all the feedback we collected from our first meeting.  We have compiled a list of issues, concerns and possible solutions we are ready to address with the mayor and city staff.

The meeting will be held at the Antioch Community Center in Prewett Family Park at 4703 Lone Tree Way from 5:00 p.m. to 7:00 p.m.

If you are a resident of Antioch, I am encouraging you to attend.

Please share the flyer with others. Thank you!

While speeding on Balfour Road; bonded out of custody; police seek witnesses

By Lt. Miguel Aguiar, Brentwood Police Department

On April 30, 2024, at around 9:26 PM, Brentwood officers responded to the report of a traffic collision involving multiple vehicles on westbound Balfour Road at McViking Way, between the two shopping centers along Fairview Way. Preliminary investigation revealed, the driver of a Chevy Silverado, identified as Zachary Alan Frances Rau, a 26-year-old male from Antioch, was reportedly driving at a high rate of speed, westbound Balfour Road before colliding with a Toyota RAV-4, driven by a 31-year-old male from Brentwood. The Toyota then collided with a Honda HR-V, driven by a 37-year-old male from Brentwood.

A passenger in Rau’s vehicle, a 26-year-old male from Antioch, sustained serious injuries and was transported to a local hospital for treatment and is expected to survive.

The driver of the Toyota RAV-4 was unconscious and unresponsive when officers arrived on scene. He sustained major injuries and required extrication from the vehicle before being airlifted to a local hospital, where he is being treated for his injuries and remains unstable.

The driver of the Honda HR-V was not injured.

Rau was treated a local hospital for minor injuries and subsequently arrested and booked at the Martinez Detention Facility for suspicion of driving under the influence of alcohol, causing injury.

The names of all others involved, and any additional information are being withheld at this time and the investigation is ongoing.

According to the Contra Costa County Sheriff’s Office, Rau is white and as of 12:30 p.m. on Thursday, May 1, he had bonded out of custody.

Anyone with further information or if you witnessed the collision and have not already been interviewed, please contact the Brentwood Police Department Traffic Safety Unit at (925) 634-6911.

Allen D. Payton contributed to this report.