AB 764 and AB 1248 would help end gerrymandering in the state as was done in Antioch and bring local redistricting into alignment with statewide and congressional redistricting standards

SACRAMENTO – A package of statewide redistricting reform bills that would help end gerrymandering and the abuse of local redistricting processes in California passed out of the Assembly Local Government Committee on Wednesday. AB 764 (Bryan) and AB 1248 (Bryan and Allen) have recently gained a groundswell of support, pushing the bills past a massive legislative hurdle and inching them closer to becoming law. It would stop what happened in Antioch by the council majority with Districts 2, 3 and 4. (See related article)

“The abuse of our redistricting processes by incumbent politicians is a statewide issue that requires statewide solutions if California is to build a fully inclusive and representative democracy that works for everyone,” said Jonathan Mehta Stein, Executive Director of California Common Cause. “Informed by evaluations of over 100 of local jurisdictions’ redistricting processes and conversations with dozens of community-based organizations, AB 764 and AB 1248 make this vision a reality.”

Backed by civil rights, good government, and community organizations, these bills would empower communities in the redistricting process and would help end gerrymandering at the local level by strengthening current redistricting protections and establishing independent redistricting commissions for larger local jurisdictions. 

AB 764 amends 2019’s FAIR MAPS Act (FMA), a bill that requires cities and counties to use standardized, fair redistricting criteria that prioritize communities when drawing district lines. The bill strengthens the FMA’s redistricting criteria, public engagement requirements, and transparency measures, and would extend its protections to additional local governments, like school boards. It would also prohibit incumbent-protection gerrymandering and would give the public greater control over a process that fundamentally should belong to them. 

Under AB 1248, all counties, cities, school districts, and community college districts with a population over 300,000 would be required to establish an independent redistricting commission before the 2030 redistricting cycle that meets their own local needs. If they do not act on their own, they would be required to utilize a more detailed default commission structure outlined in state law.

“Comprehensive redistricting reform is a long-term solution for building truly representative elections and a democracy that includes everyone,” said Laurel Brodzinsky, California Common Cause’s Legislative Director. “The momentum of AB 764 and AB 1248 shows there’s a real chance that California can end the abuse of our redistricting processes and set the national standard for prioritizing people over politicians.”

AB 764 is sponsored by California Common Cause, League of Women Voters of California, and Asian Americans Advancing Justice Southern California. AB 1248 is sponsored by California Common Cause, ACLU of Southern California, Asian Law Caucus, and League of Women Voters of California.

Registered Support for AB 764:

AAPIs for Civic Empowerment Education Fund, ACLU California Action, AFSCME, Alameda County Coalition for Fair Redistricting, Alliance San Diego, Asian Americans Advancing Justice – Asian Law Caucus, California Environmental Voters (formerly CLCV), Catalyst California, Central Coast Alliance United for A Sustainable Economy, California Common Cause, Communities for A New California (CNC), Communities United for Restorative Youth Justice (CURYJ), Community Health Councils, Courage California, Ella Baker Center for Human Rights, Indivisible CA Statestrong, Indivisible Marin, Initiate Justice, Initiate Justice Action, Inland Equity Partnership, Lawyers’ Committee for Civil Rights of The San Francisco Bay Area, League of Women Voters of California, Oakland Rising Action, OC Action, Peninsula Family Service, San Francisco Rising, Secure Justice, Silicon Valley Community Foundation, The Resistance Northridge-indivisible, The Santa Monica Democratic Club, Thrive, the Alliance of Nonprofits for San Mateo County, Voices for Progress, Young Women’s Freedom Center

Registered Support for AB 1248:

Asian Americans Advancing Justice-Southern California, California Common Cause, League of Women Voters of California, AAPIs for Civic Empowerment Education Fund, ACLU California Action, AFSCME, Alameda County Coalition for Fair Redistricting, Alliance San Diego, Asian Americans Advancing Justice – Asian Law Caucus, Asian Americans Advancing Justice-Southern California, California Environmental Voters (formerly CLCV), Central Coast Alliance United for A Sustainable Economy, Community Health Councils, Courage California, Dolores Huerta Foundation, Ella Baker Center for Human Rights, Indivisible CA Statestrong, Initiate Justice, Initiate Justice Action, Inland Empire Immigrant Youth Collective, Inland Empire United, Inland Equity Partnership, OC Action, San Francisco Rising, Santa Monica Democratic Club, The Resistance Northridge-Indivisible

About Common Cause

Common Cause is a nonpartisan, grassroots organization dedicated to upholding the core values of American democracy. We work to create open, honest, and accountable government that serves the public interest; promote equal rights, opportunity, and representation for all; and empower all people to make their voices heard in the political process.

By Allen D. Payton

Following the revelation in tonight’s Antioch City Council meeting agenda, that City Manager Con Johnson hired an outside attorney without proper permission of the city attorney, the first two invoices from the law firm were provided by Acting City Manager Forrest Ebbs today following multiple requests of city staff. The invoices show over $37,000 of work done including for closed session meetings with the city council and private meetings with Mayor Lamar Thorpe and Mayor Pro Tem Tamisha Torres-Walker. (See Item O. under Consent Calendar)

The invoices show work began on Oct. 17 under the auspices of a “procedurally invalid” contract, according to the city staff report on the item, before Johnson signed the contract on Nov. 4. Also, the first interaction Gregory Rolen – partner in the San Francisco law firm of Haight Brown & Bonesteel LLP – had with the council was on Oct 25, 2022 for “Travel to and from closed session/attend the closed session” billed at 3.6 hours. He charges a rate of $410 per hour.

In addition, almost all of the first bill dated Jan. 12, 2023, for a total of $30,107.20 covered work on the city attorney’s contract, statutory powers, “Rules of Professional Responsibility”, ethical responsibilities and obligations, and work with the city council and Human Resources Director Ana Chavez.

The second invoice dated Feb. 21, 2023 for a total of $7,231.75 included a meeting with Thorpe and Torres-Walker that lasted almost three hours. The invoice shows “01/10/2023 Meeting with Mayor and Vice Mayor” for 2.9 hours. Plus, it shows travel to and from meetings, attendance at the council meeting on Jan. 24, 2023, and another “Teleconference with mayor regarding regulation” for 0.7 hours on Jan. 31, 2023.

That’s in addition to the private half-hour-long meeting Rolen had with Thorpe on Feb. 2, 2023, described as “Teleconference with mayor regarding representation city manager” as previously reported.

Questions for City Attorney, HR Director

In response to the information in the first two invoices, questions were sent Tuesday afternoon to City Attorney Smith and Human Resources Director Ana Cortez. They were asked, “Since outside attorney Greg Rolen did work regarding the city attorney’s contract can you please provide his current contract? Was it renewed for another three years in 2022 and does it run through 2025?”

Smith’s original contract began March 1, 2019 and lasted three years following the council’s 5-0 vote on Feb. 5 to hire him.

Cortez was asked why she worked with the outside attorney and if the city manager directed her to do so. She was also asked if she consulted with Smith to determine if it was proper before incurring the cost to the City.

Smith was asked, since the work was done under a ‘procedurally invalid’ contract, was the work product destroyed or must it be, or can it still be used, and what was the final product from Rolen’s work.

More Questions for Thorpe, Walker, Other Councilmembers

An email was sent to all five council members late Tuesday afternoon asking, “Now that city staff provided the first two invoices from attorney Greg Rolen of Haight Brown & Bonesteel LLP, do you have any comment? Did any of you ask why an outside attorney was meeting with you in closed session?”

It was pointed out to them information from the first invoice showing, “12/04/2022 Initiate legal research concerning statutory powers of city Attorney” for 0.90 hours and on “12/05/2022 Locate, review and analyze city Attorney employment agreement” for 1.90 hours.

They were asked, “did the council ask Rolen to do that? Why? Did you not think to look at the Feb. 5, 2019 City Council Agenda item when Thomas was hired? It shows his original contract lasted three years.  See Item #10 – 020519.pdf (antiochca.gov) Assuming it was renewed in 2022, it’s safe to say it was done so for another three years through 2025.

Thorpe and Walker were then asked, “why did you have a meeting with Rolen on Jan. 10, 2023 for almost three hours, separate from the other three council members? What did you discuss with him, which is not privileged as it was done under a “procedurally invalid” contract? Why weren’t the other council members included? Shouldn’t you pay for the cost of that meeting totaling $1,189 rather than the taxpayers?”

They all were asked, “why did you need Rolen to attend the council meeting for one hour on Jan. 24? Was that just for the Closed Session? Who invited him to do so? What was discussed with him?”

Finally, Thorpe was asked, “why did you have another teleconference meeting with Rolen on Jan. 31 ‘regarding regulation’ separate from the other four council members? What regulation did you discuss?”

An effort to reach Rolen for comment about the city attorney’s claim the contract was “procedurally invalid” and to ask him questions about his work with Johnson, Cortez and the city council was unsuccessful prior to publication time.

Please check back for any responses or other updates to this report.

Will be held at 5:00 p.m.

By Allen D. Payton

In response to the release of the DA’s report on racist and other offensive text messages by Antioch Police Officers, Mayor Lamar Thorpe has called a special council meeting for next Tuesday, April 18, 2023 to discuss three police department matters. The meeting will be held at 5:00 p.m. Because it’s a special meeting there will be no general Public Comments allowed at the beginning or end. The public can only speak on the three items on the agenda which are listed as follows:

1. AUDIT OF THE ANTIOCH POLICE DEPARTMENT’S INTERNAL AFFAIRS PROCESS Recommended Action: It is recommended that the City Council discuss, receive public comments, and provide direction to staff.

2. AUDIT OF THE ANTIOCH POLICE DEPARTMENT’S HIRING AND PROMOTIONAL PRACTICES Recommended Action: It is recommended that the City Council discuss, receive public comments, and provide direction to staff.

3. EQUITY AUDIT OF THE ANTIOCH POLICE DEPARTMENT Recommended Action: It is recommended that the City Council discuss, receive public comments, and provide direction to staff.

No details are provided for each of the agenda items.

Thorpe was asked why the meeting will be held at 5:00 p.m. when most people who commute to work will not be in Antioch, yet which will limit public participation and why not hold it at the regular 7:00 p.m. time of regular meetings. He was also asked what an Equity Audit means. He did not respond by publication time.

The meeting will be held in the Council Chambers at City Hall, 200 H Street in Antioch’s historic, downtown Rivertown. It can also be viewed Livestream on the City’s website.

City has 83 vacancies; will restructure Police Crime Prevention Commission; Thorpe claims Barbanica, Ogorchock, others are siding with racism for opposing direct hire of police chief

By Allen D. Payton

During their meeting on Tuesday night, April 11, 2023, the Antioch City Council discussed the budget for Fiscal Years 2023-25 and the majority of members agreed to pursue a new ordinance for directly hiring the police chief. The council also decided to “reframe” the Police Crime Prevention Commission rather than disbanding it.

Budget Workshop

During the Budget Workshop before the regular meeting, Acting City Manager Forrest Ebbs reminded the council “the City is facing a $6 million deficit in the coming fiscal year.”

Finance Director Dawn Merchant said that there were “83 vacancies citywide” in staff, providing savings for the budget.

The council directed staff to return with three options for using Budget Stabilization Funds of zero, $3 million and $4 million to balance the budget.

Police Crime Prevention Commission to Be Reframed

Rather than disband it the council decided to “reframe” the Police Crime Prevention Commission. Mayor Pro Tem Tamisha Torres-Walker volunteered to help lead the discussion. The matter will be brought back to the council for future decision.

Moves Forward With Directly Hiring Police Chief

During public comments on the matter of the council directly hiring the police chief, one resident spoke in favor, another, Melissa Case, said she was torn since the mayor has “a tendency to micromanage”.

Sandy Hartrick said she was concerned about the “checks and balances” if the council hires the police chief. “With that, no one group has all the power. If you take over the hiring and management of the police department you will have all the power.” She also shared concern that the council is moving away toward a Charter City form of government.

“Chief Ford is doing a great job. He’s working hard to change the culture,” Hartrick continued.

Another resident, Ron Mohammed said, “I’m not quite clear…in terms of the authority and how that would look. Communication between the council and the chief would be great. But I think it’s wrong Chief Ford has to fall on the sword for all the things that happened before. The micromanaging is not said when they talk about…the city manager.”

Resident Ralph Hernandez spoke next saying, “definitely, no. I do not agree with the change that is proposed. Unfortunately, tonight, you have a lot of people that have a misunderstanding of law enforcement. In fact, the council majority are too busy in their lives…they voted to take on secretaries. Now, they want to take on hiring the chief. You need to be very specific with the city manager when hiring the police chief comes up, and what you’re looking for.”

“Taking it away from the city manager. What’s next, taking away the Public Works Director, the Recreation manager?” he asked.

“I’m here to celebrate democracy. We the people elected you,” Patricia Granados said. “I would feel confident and trusting in our city council making decisions like this. Maybe even some federal oversight to put in their two cents in what is the reasoning for getting hired and getting fired.”

“I do want to clarify…in 2020, we agreed to changing the hiring process for the chief of police,” Mayor Lamar Thorpe said. “I was a huge advocate that the contract was ratified by the city council. The City Attorney said we can’t do that. It’s either one or the other.”

“Every decision made in this room is made by three. Quit believing what the blogs are telling you. It’s trash,” Thorpe said, while raising his voice. “This is not about Chief Ford, it’s about a process that started back in 2020. So, stop personalizing it.”

“OK. Bring it down a notch,” Mayor Pro Tem Tamisha Torres-Walker said with a laugh. 

“I do remember discussing this in detail,” she said. “It’s just been my experience working in public policy for the past 14 years, city managers are not the check and balance…which is their job. The chief of police runs a department that is to be managed and sometime micromanaged by the city manager. And when the city manager fails for over a decade…is what got us here. It is within the authority of this body to make this change. We won’t be running the police department because we hire the police chief. We will be managing directly the individual who is supposed to be running the police department for transparency and accountability sake which has not happened for over a decade.”

“When we hired Cornelius Johnson, I didn’t want to give him the authority to hire and fire. But we have to give each person a chance. We gave Chief Ford a chance,” Torres-Walker said. “This isn’t the only move in light of transparency we need to make. I hope that Chief Steven Ford agrees to stay because this is necessary.”

“I think this is a mistake…because the police department is not an extension of a political arm,” said District 2 Councilman Mike Barbanica. “The city manager needs to be a buffer between politicians and enforcing law. This won’t be just this council it will set policy for years and years to come. It’s not about Chief Ford it’s about the office of the Chief of Police. I think this is a mistake and I do not support it.”

“Yeah, and it’s that buffer that got us to where we are, today,” District 4 Councilwoman Monica Wilson shot back to applause from the audience. “A couple weeks ago I was on the fence about this. But in light of events over weeks…and today with the texts, it’s obvious there needs to be that line with the Chief of Police. Because that buffer didn’t work.”

“I’ve been through five city managers and the buffer is not working,” she added.

“If this is the will of the council majority how will this affect Chief Ford,” District 3 Councilwoman Lori Ogorchock asked City Attorney Thomas L. Smith.

“If you want to give direction to change the structure, we would come back with an ordinance,” Smith responded. “Once the ordinance is passed…the impact it has on an individual police chief…if there is a contract in place, we would have to look at how that would interact with the ordinance.”

“I am not for this,” Ogorchock said. “We’ve never had the accountability with the police chief, before. I’m for that type of vision before anything else.”

“Even if you got a report every six months you wouldn’t have any authority,” Torres-Walker responded.

Thorpe spoke last saying, “I’m for this. I’ve always been for this. The choice is really simple. Either we do this or stay on the side of racism. Come back with an ordinance please.”

All police officers not given performance evaluation since 2017; Thorpe takes swipe at two officers, former Mayor Wright; Wilson apologizes for trusting past police chiefs

By Allen D. Payton

During their meeting on Tuesday, April 11, 2023, the Antioch City Council received the 2022 Annual Police Department Update from Chief Steve Ford. He informed the council and public that there are 99 filled sworn officer positions on the force out of a total of 115 authorized by the council, 61 on full-duty status, 38 assigned to patrol and seven in the academy.

“We’re going to be OK. We’re going to do the work and keep the city safe,” Ford stated.

The Chief also reported that the new Shot Spotter system has been installed as of March 15th “for mitigating gun violence”.

“We’ve had 84 since installation, that’s four per day,” he shared. “That shows you how much gun play we have in this city.”

“The first part of the puzzle is that we have good relationships with the people we serve,” Ford said.

“The police alone can’t keep this community safe,” he continued. “Without community support, without the community serving as most valuable resource.”

“Since my tenure as of April 23, 2022 we’ve been very intentional in changing” several areas, he explained.

He spoke of putting all officers through a Blue Courage course. “It’s going to be a top-down approach to enhancing our officers’ capacity. We have to have the right mindset and heart set to do this work.”

“We’ve revitalized our PAL program,” Ford continued.

He concluded his report speaking of revitalizing the public information officer position and launched the public surveys partnering with Zen City.

Council Members Question Chief Ford

“I have to apologize for this community because me, in my naivete made me turn my head thinking this was going to get done. Here we are on police chief number four,” Wilson stated. “What I do want to see is a game plan going forward. I want to see a lot of what you addressed. Racial bias and misconduct. I want to see this follow up report every three-to-six months come before Council. So, I will be apprised. I know Chief Ford, you’ve come into a lot and you have a lot to get done. My expectations will be high. I haven’t heard a plan going forward so people don’t die unnecessarily.

“I also want to say to some people…some people came in with their pre-story in their head these three members on council don’t want the police department to do well. We want the department to do well. I stand up here, proudly, of the work I’ve done up here. Never again am I going to hear ‘she’s weak’ because I’m up here not screaming. My father taught me, ‘still waters run deep’. You don’t have to be the loudest person in this room.”

“I want a plan of action and how we’re dealing with these individuals who said these ungodly things,” she said to Chief Ford.

“We have 18 compliance measures (from the DOJ) to make sure we’re doing what we’re supposed to do,” Ford responded. “I will do everything I can to reframe this department. How things are done politically in this organization. The organization will tell you since I’ve been there, I’ve been very intentional in ensuring organizational change. It takes five to seven years.”

“If you guys would like I can give you the full departmental plan…three goals, 15 strategies,” he stated.

“This is something that has been here long before the four chiefs. This has been festering for years,” District 4 Councilwoman Monica Wilson stated.

“I’m here, now. I’ll own it and I’ll fix it,” Ford stated.

“Thank you, Chief Ford,” Torres-Walker said then pointed out several items in his update that she appreciated.

“You have…arrest statistics for 2022,” she said, requesting more details. “Not every felony offense is a violent crime.”

“Our top 10 calls for service have nothing do with violent crime,” she stated.

“I appreciate the phone policy,” Torres-Walker said. “It’s too late for those other officers.”

“I know you said it’s going to take several years to implement and that most of us won’t be here to see it,” she added.

Mayor Lamar Thorpe was last to ask the chief questions, wanting to know how the department handled patrol with the lack of staffing.

“We collapsed the Swing Watch. We recently went to a 12-hour shift. The overlap is an hour on each side,” Ford responded.

Thorpe asked about investigations of complaints.

“Investigations should be timely and contemporaneous to the situation. You have one year window from the time the department receives a complaint…according to government code,” Ford responded. “If it’s a case that requires discipline, you can’t impose discipline after that one year has passed.”

“It’s up to the organization and the investigator to be diligent knowing we have that one year,” the chief continued.

“We haven’t had any complaints that have gone over a year since you’ve been here,” Thorpe asked.

“Not that I’m aware,” Ford responded.

Thorpe asked him who handles the investigations and Ford offered a list of officers, including Sgt. Lauren Bledsoe who is the vice president of the Antioch Police Officers Association.

Thorpe then asked about the police union and shared his concern that the organizations vice president was one of those who investigated his fellow officers.

Thorpe then asked about performance evaluations of officers saying, “Have we been evaluating our officers every year?”

“We’ve been trying to work with HR for a very long time…and to revamp the evaluations,” said Captain Trevor Schnitzius.

“When was the last time our officers were all evaluated?” Thorpe asked.

“If I had to make my best guess that would be 2017,” Schnitzius responded to groans from the audience.

“I’m glad to know this process is starting again,” Thorpe stated. “We need to make sure our officers are evaluated.”

“What steps are we taking on racial bias?” the mayor asked.

“That’s a cultural thing…and I’ve been working on that since I got here,” Ford responded.

“How are we collecting the data?” Thorpe asked about racial justice reporting.

“I don’t know. I can find out for you, sir,” Ford responded.

“You talked about transparency, I believe you,” Thorpe continued. “We really have to look at data.”

“We have a new policy around text messages,” the mayor said.

“Cell phones?” Ford asked.

“Yes, sir,” Thorpe responded. “You know, if we had Early Intervention Systems in place, we could have avoided a lot of this without terminations,” Thorpe stated. “I look forward to hearing more about that.”

“We can certainly give you an overview on that,” Ford said.

“We haven’t heard necessarily about these text messages…we’re talking about culture, here,” Thorpe stated. “We haven’t heard from command staff, and I know you’re limited in what you can say.”

City Attorney Thomas L. Smith the interrupted the two warning them, “I just want to make sure we’re not venturing into territory…and you giving your opinion on something currently under investigation.”

“I’ll ask the questions and you can decide whether you want to answer or not. I’ll leave it at that,” Thorpe then said. “We’ve got to manage up, too, that’s including the city council, too.”

“We had people protesting down Second Street about Michael Mellone and Steve Aiello,” the mayor said, referring to 2020 protests about two of the department’s sworn officers in leadership, and then took swipes at former Mayor Sean Wright who he defeated in 2020. “Our mayor ran from every chance to speak to the media. He hid out in his office from the protesters. At the end of the day, he was coordinating with the police union.”

By Allen D. Payton

At the beginning of the April 11, 2023 Antioch City Council meeting, City Attorney Thomas L. Smith reported out from Closed Session that on motion by Councilman Mike Barbanica and seconded by Councilwoman Lori Ogorchock the city council on a 3-2 vote authorized a settlement and severance with former Public Works Director and City Engineer John Samuelson. He will be paid $144,714.44 and a settlement of $100,000 for a total of $244,714.44. Councilwoman Monica Wilson voted yes, while Mayor Lamar Thorpe and Mayor Pro Tem Tamisha Torres-Walker voted no.

As previously reported, Samuelson was terminated on December 16, 2022 by City Manager Con Johnson. While he didn’t sue the City he threatened to do so for wrongful termination if they didn’t agree to settle with him.

When reached for comment Samuelson said, “Just grateful that council approved it and ready to move on to working with Pittsburg.” He is now that city’s Public Works Director-City Engineer.

Will discuss future relevance of Police Crime Prevention Commission; Chief to give department’s annual 411 on 4-11

By Allen D. Payton

During their regular meeting on Tuesday, April 11, 2023, the Antioch City Council will consider a proposal to hire the next police chief directly instead of the city manager. They will also hear the 2022 Annual Police Department Update from Chief Steve Ford and discuss the “future relevance of the Police Crime Prevention Commission”, now that the council has formed a Police Oversight Commission.

Prior to their regular meeting at 7:00 p.m., the council will meet in Closed Session at 5:00 p.m. on an anticipated lawsuit and real estate negotiations with Con Fire for property located at E. 18th and Wilson Streets. That will be followed by a Budget Study Session at 5:30 p.m. in the Council Chambers at 200 H Street in Antioch’s historic, downtown Rivertown.

Police Chief Hiring by Council Discussion

According to the City staff report on the discussion of the council directly hiring the police chief (Item 5), “City councils are granted wide latitude in deciding how a city will be administered and

operated. The Government Code provides a city council with the statutory authority to appoint and remove the chief of police.”

Antioch currently has a council-manager form of government in which the city manager hires each of the department heads, including the police chief. The council is being asked to “provide direction to staff regarding whether to prepare an ordinance changing the organizational structure of the City’s administration by transferring, from the City Manager to the City Council, the authority to appoint, supervise, and remove the Chief of Police.”

The idea was proposed in 2021 by Mayor Lamar Thorpe, Mayor Pro Tem Tamisha Torres-Walker and District 4 Councilwoman Monica Wilson. Furthermore, according to the staff report, “At the November 23, 2021 meeting, former City Manager Ron Bernal prepared a staff report on the City’s “Police Chief Recruitment and Hiring Process”. Councilmember Barbanica made a motion to approve the policy prepared by City Manager Bernal. The motion was seconded by Councilmember Ogorchock, but it failed with only Councilmembers Barbanica and Ogorchock voting in favor of it. Mayor Pro Tem Wilson and Councilmember Torres-Walker voted against the motion. Mayor Thorpe was absent.”

But no additional action was taken on the proposal, until now, following the council placing City Manager Con Johnson on paid leave as well as the two investigations of police officers, one by the FBI and DA’s office for alleged “crimes of moral turpitude” and the other internal investigation for the recently reported alleged racist and other offensive text messages. (See related articles here, here, here and here)

According to the City’s contract with Ford, who started in his permanent position on October 23, 2022, it runs through October 22, 2027. Should the council direct staff to bring back a proposed ordinance for a vote and it was adopted, they could then terminate Ford’s contract.

However, if the council does so without cause, the chief must be given six months advance notice of his termination and following he would be paid a severance of his full salary for up to six months or until he finds “comparable employment” for which he is paid 75% or more of his current $256,272 annual salary plus benefits. If the council fires Ford for cause, then no advanced notice is required, and no severance is required to be paid.

Questions for Council Members

The five council members were asked why the matter is on Tuesday night’s agenda since Ford’s contract lasts until October 2027 and if there are plans to terminate him and hire his replacement. They were also asked, if so, would they pursue a nationwide search for a new police chief, as both Torres-Walker said she wanted, and Thorpe confirmed he would do for a new city manager.

District 3 Councilwoman Lori Ogorchock was the only one to respond prior to publication time. She wrote, “Item #5 was a shock to see on the agenda.

I have no intention of firing Chief Ford, nor do I have a desire to request for the Acting City Manager Ebbs to do so either. Chief Ford is doing an amazing job with all the obstacles being tossed at him. He comes to work daily with a positive attitude and a love for the City of Antioch. Chief Ford will handle all these distractions upon completion of the investigation.

We should remind ourselves not to convict individuals until all the facts have been discovered. So many times, we want to shout guilty before all the evidence is presented, we need not to do that.”

As previously reported, Torres-Walker recently offered her public support for Ford. In an April 6th post on her official Facebook page she wrote, “I trust…the Leadership of Chief Ford.”

The meeting can be viewed in person, where public comments can only be offered, or via livestream on the City’s website, on Comcast cable TV channel 24 or AT&T U-verse channel 99.

Please check back later for any updates to this report.

Union president included; Thorpe wants review of all complaints over last 6 to 8 years

By Allen D. Payton

According to an East Bay Times article published Friday evening, April 7, 2023, Contra Costa Superior Court Judge Clare Maier, while adjudicating a felony case of suspects arrested by Antioch Police, released the names of 17 officers who are “accused of using racist slurs, jokes and memes in text messages over a period of more than two years.” In addition, Contra Costa District Attorney Diana Becton announced on Friday that the judge ruled to have the texts released to the defense in that case.

In response, Antioch Mayor Lamar Thorpe posted a Facebook Live video on his official page, Saturday afternoon, April 8, 2023, expressing his “profound disappointment” with the officers and called for an independent audit. He specifically called out the Antioch Police Officers Association (APOA) union president, Lt. Rick Hoffman for being included.

According to the Times’ report, the other officers named include Devon Wenger, Eric Rombough, Andrea Rodriguez, Calvin Prieto, Morteza Amiri who already have been placed on leave amid the FBI investigation. The list also includes Joshua Evans, Jonathan Adams, Scott Duggar, Robert Gerber, Thomas Smith, Brock Marcotte, Aaron Hughes, Brayton Milner, John Ramirez and Kyle Smith, as well as Tim Manly who resigned from the department.

Hoffman, Police Chief Steve Ford and department PIO Ashley Crandell were asked for the timeframe the texts were sent and for any other response. In addition, the APOA’s attorney, Mike Rains was also asked for a response to the situation.

Thorpe’s Remarks

After thanking those who offered their condolences for the recent passing of his father, reading from prepared remarks Thorpe said, “On Friday afternoon, Contra Costa Superior Court Judge Clare Maier released the names of 17 Antioch police officers who allegedly were unafraid to use racist language.

There are no words to express my profound disappointment especially given that one of the named officers serves as president of the Antioch Police Union.

While Antioch has worked hard to become one of the Bay Area’s most racially diverse cities, this will undoubtedly leave an embarrassing stain on our community.

The culture at the Antioch Police Department is a problem and has long been a huge legal and financial liability for the city, which is on full display today.

The culture at the department requires further exploration including how the hell all of this alleged misconduct could go on for so long without anyone on the command staff noticing– lieutenant and above.

Therefore, I’m calling for an independent investigation of the internal affairs process specifically looking at all complaints within the last six to eight years from the nature of complaints to their dispositions.

I am also seriously concerned about complaints that have not been investigated and are now outside of the statute of limitations. I want a complete review of that as well.

Moreover, we need a complete independent audit of our hiring and promotions practices so that the Council can implement measures to better root out individuals with certain biases. This idea was part of my original police reform package that I presented to the City Council in 2020 but has yet to be examined.

Lastly, our police-reform efforts to this point are missing the forest for the trees because this is about culture. I agree with Vice Mayor Tamisha Torres-Walker on conducting some kind of police equity audit of the Antioch Police Department to measure bias in our enforcement efforts and ultimately pursue measures that help eliminate racist policies, practices, and behaviors.

We will hold anyone accountable that has allowed this culture to continue whether you’ve been here for a year or 20 years, and regardless of your rank.

In my first 30 days in office, I had to deal with two in-custody deaths; in less than a year, a failed recall effort fueled by the idea of protecting the police department; then in year two I was hauled into the DA’s office to be briefed about a very serious FBI investigation of the Antioch Police Department; and now, on year three we’re dealing with alleged racism.

Our culture of acceptance is wrong. There are no ifs, ands, or buts about it.

The fact of the matter is that our goal of a strong police department will not materialize until every resident in our city regardless of race and socio-economic background can feel that they have a trusting relationship with our police officers.

If you’re a supporter of law enforcement, you should support these reforms as they help separate officers who are committed to the badge and have played by the rules and those who have no business being police officers.”

One thing the mayor said was incorrect. One of the two in-custody deaths he mentioned referred to Angelo Quinto’s. However, he died in the hospital three days after the incident with police and was not in police custody at the time. (See related article)

Mayor Pro Tem Torres-Walker Responds

In a post on her official Facebook page Saturday afternoon, Mayor Pro Tem Tamisha Torres-Walker shared a link to the Times’ article and wrote, “We can no longer be bystanders and action must be taken to correct this culture of racism and anti-blackness in policing starting with Antioch.

I haven’t seen any of the text messages referenced in this article and to be honest I’m not sure I want to. What I will say is that my peers on the City Council and the community at large should take these miscarriages of justice seriously.

I also want to take a moment to acknowledge those in the Antioch police department who work hard every day to provide none bias policing service to our community as public safety continues to be our primary concern moving forward.”

In a previous message posted on Thursday, Torres-Walker wrote, “Antioch Police Union Attorney Rains criticized Mayor Lamar Thorpe’s press conference for allegedly violating the right to confidentially and due process for a few officers suspected of crimes against the public while entrenched in a culture of racism.

Chief Ford has taken actions addressing recruitment, assessment, hiring, retention, promotion, and agency culture since April of last year which included a hefty incentive package to bring new talent with a community policing mindset that is culturally responsive.

Willful ignorance can no longer be the order of the day. We can address the public safety needs of Antioch residents, and lift those in law enforcement who are doing their best while holding their counterparts accountable for their roles in how we got here.

I trust my peers on the council to do what is best for the public at this time and the Leadership of Chief Ford.

I ask the public for grace, your prayers, and your support.

We will get through this together.”

Police Chief Steve Ford, the department’s PIO Ashley Crandell, Lt. Hoffman and the other APOA leadership were asked for the timeframe in which the alleged texts were sent and for any other responses. In addition, the APOA’s attorney, Mike Rains and Councilmembers Monica Wilson, Lori Ogorchock and Mike Barbanica were also asked for responses to both the Times’ article and the mayor’s remarks.

APOA Attorney Responds

In response, APOA attorney Rains wrote, “I have been asked by several local television stations for comment, and I am telling everyone that I am not in a position to comment at the moment, because I have not seen any texts, and have not participated in discussions which the DA’s office has apparently had with the court and with counsel for the defendants in the underlying case.  In retrospect, I would have liked to have been involved in such discussions, and believe the individual Officers have legal rights which I do not think were adequately considered, because they did not have a voice, either individually, or through counsel in the discussion. The Chief has ordered the commencement of an investigation of the most recent allegations by an ‘outside’ investigator, and the officers and our office plan to fully cooperate with the investigator and answer all questions.”

UPDATE: Barbanica Says There Must Be Accountability But Premature to Assume Anything Before Investigation is Complete

“Racist statements, racist comments at any level are wrong,” Barbanica stated. “However, I don’t know the content of these text messages. What we should be looking at here is, everyone is entitled to due process. It is premature to assume anything at this point until the investigation is complete. Let’s don’t lose sight that there are many hard-working men and women in the Antioch Police Department who are serving every day to protect this community and I don’t want to assume those under investigation are guilty of anything. If racist statements were made there must be accountability. Let’s wait and see what these texts actually say.”

None of the others responded prior to publication time.

Please check back later for any updates to this report.