Claims Police Chief Ford hired outside investigator

“…the initiation of the investigation and the subjects of the investigation are not matters for public disclosure under existing law”…“the mayor single-handedly violated the officers’ right to confidentiality by saying anything at all”…“created far more ‘rumors’ about this investigation, and adverse impacts on the police department and community, than he allayed.” – APOA attorney Mike Rains

Thorpe says claim he “gagged” Ford preventing him from participating in press conference “inaccurate”

By Allen D. Payton

This morning, Friday, March 31, 2023, the attorney for the Antioch Police Officers’ Association, Mike Rains issued a statement in response to Mayor Lamar Thorpe’s Thursday press conference on the report of additional officers being placed on leave and under investigation for alleged offensive texts. Those officers are believed to be in addition to the seven remaining officers on the force that have been under investigation by the FBI and Contra Costa DA’s office since last March for alleged “crimes of moral turpitude”. Rains, with the law firm of Rains Lucia Stern St. Phalle & Silver, claims Thorpe violated state law and the confidentiality of the officers. He further claims Police Chief Steve Ford placed the involved officers on leave and hired an outside investigator to conduct the investigation.

Statement from RLS Attorney Mike Rains

“Our office represents the Antioch Police Officers’ Association and its individual members in employment related matters. We issue this statement in response to the statement made yesterday by City of Antioch Mayor Lamar Thorpe.

At the outset, it should be recognized that, despite a recent article in a local newspaper purporting to announce a new investigation by the Antioch Police Department of officers in addition to the ongoing joint investigation by the FBI and the District Attorney’s Office, the initiation of the investigation and the subjects of the investigation are not matters for public disclosure under existing law as set forth in Penal Code section 832.7.  Although the newspaper at issue may have published an article from an unknown and undisclosed ‘source’ that was not verified as credible, and which relates to a ‘confidential’ personnel matter under California law, the mayor chose to compound the violation of state law by holding his own self-serving press conference, which prompted questions from some in attendance as to ‘why are we here?’ and ‘why isn’t the police chief here making this announcement?’

The mayor’s stated purpose, as much as we can discern, is that the placement of additional officers on administrative leave would cause ‘staffing issues’ within the police department that might affect the public. But that “concern” was belied by the very fact that the mayor had no idea as to the current staffing level at the police department and could not even tell his audience how many patrol officers are on the force. He also professed, at the beginning of this saga, his ‘respect for confidentiality and the right of officers to due process of law.’ But, as pointed out above, the mayor single-handedly violated the officers’ right to confidentiality by saying anything at all. And with respect to the officers’ right to due process, those rights were trounced when the mayor declared the officers ‘bad apples’ and expressed his ‘serious concern’ for the conduct under investigation.  In short, this ‘press conference’ was simply another demonstration by this mayor of his belief, demonstrated by his own conduct resulting in criminal charges and massive civil judgments, that he need not conform his behavior to provisions of the Penal Code or to the laws restricting sexual harassment and discrimination of others in the workplace.

Where was the police chief, Mr. Mayor?  In all likelihood he was ‘gagged’ by the mayor and specifically instructed not to be present. If the mayor was truly concerned about the impact of this latest investigation on ‘staffing’ within the police department, who better than Chief Ford to discuss that issue?  Why didn’t the well-intentioned mayor simply ‘order’ or ‘direct’ the chief to give the briefing, and stand beside him in support of the chief’s statement?  The truth is, as the mayor was forced to concede, the police chief advised the city manager about the new investigation, as he was required to do, and the city manager advised the mayor in accordance with internal reporting requirements of the City.  The ‘truth’ of the matter is that the police chief, not the mayor, made the decision to place involved officers in this NON-CRIMINAL INVESTIGATION on administrative leave and asked for the immediate appointment of an ‘outside’ qualified investigator to conduct a thorough and objective investigation of the allegations, which he is required by law to review and adjudicate – something Chief Ford has been doing as a law enforcement executive for many years.  And the ‘truth’ of the matter is also that Chief Ford made these decisions (he could have elected to keep the officers under investigation in their current work assignments) after speaking with the district attorney of the County about the situation. That discussion did not involve Mayor Thorpe because it was and still remains a matter that should be handled by the imminently qualified and capable police chief who was not even invited to be present.

As if Mayor Thorpe did not do enough of a disservice to the confidentiality and due process rights of the officers by conducting a disaster of a ‘press conference,’ he did nothing to allay the ‘rumors’ he said were created by the newspaper article, which he admitted ‘was not good.’  With his own evasion and doublespeak on full-display, the mayor single-handedly created far more ‘rumors’ about this investigation, and adverse impacts on the police department and community, than he allayed.”

Thorpe Says Claim of Chief Being “Gagged” “Inaccurate”, Won’t Say If He Was Invited to Press Conference, Refers Additional Questions to City Manager

Thorpe was emailed Rains’ statement for a possible response and asked if he invited Chief Ford to join him at his press conference, and if so if Ford declined or wasn’t available. Thorpe was also asked if Ford wasn’t invited to participate, why not so he could have been there to answer some of the questions that were posed by the media.

Thorpe responded briefly writing, “That would be inaccurate and I’m directing any further questions to Forrest as I’m out of town.”

The additional questions were then sent to Acting City Manager Forrest Ebbs. He responded, “I do not have any comment at this time or answers to your questions.”

Questions for Chief Ford Go Unanswered

In addition, Ford was also sent questions, and copied to Lt. Michael Mellone, director of the department’s Community Engagement Unit and PIO Ashley Crandell asking if he was “gagged” by Mayor Thorpe and prevented from participating in his press conference yesterday. Ford was also asked if Thorpe invited him or anyone from the department to attend and be available to answer questions from the media, and if so, did the chief decline and was he unavailable.

Neither Ford nor the department’s spokespeople responded prior to publication time at 12:30 p.m.

UPDATE: Mellone is out of the country until April 10th participating in an international masters program.

Please check back for any other updates to this report.

 

 

In spite of traffic concerns from neighbors

Barbanica, Ogorchock want to wait for funding source, first

“I also know I’ve been here long enough it’s not going to cost $12 million…” – Mayor Thorpe

By Allen D. Payton

During their regular meeting Tuesday night, March 28, 2023, the Antioch City Council voted 3-2 to move forward with plans to convert and improve the former Rivertown Resource Center building on W. 10th Street for use by the new Department of Public Safety and Community Resources. Councilmembers Mike Barbanica and Lori Ogorchock voted against spending $9.7 million more for the new two-story building on W. 10th Street in addition to the $4.3 million the council had previously set aside for the project. (See related article)

During Public Comments, Julianne Davis said she lives on W. 10th Street in the 200 block. My window looks right out on the site they’re talking about building on. She spoke about the traffic and parking issues on the street and “33 accidents right at that spot.” My big concern is parking, traffic, accidents.

“Can we please deal with the traffic, parking and accidents before moving forward,” Davis stated. “The Portuguese hall has parties every week. If we want to have an event we don’t have parking.”

Resident Gary Wells spoke next saying, “Great concept. I give you guys your do for trying to do something at that spot. But $14 million it seems like it could be put somewhere else. Downtown. Rivertown needs something for our youth. We’re going to have to meet somewhere in the middle, there. It’s dangerous on that street. But to bring this at this corner, I stay right across the street from it. I’m going to be really, really irritated if we don’t do something about the traffic, first.

“We talk about revitalization. We took all of those non-profits out of that building. I’m sure we can take this $14 million and do something better. For safety reasons I say ‘no’. We have to involve safety and involve the community, there. Or I’m going to sell my house and move from Antioch. My neighbors, we’re tired and fed up. We don’t want this building built before something’s done with safety on that street. We have people breaking into cars.

Resident Leslie May said, “I still work for one of the non-profits that’s in that business. But I’m glad we’re out of that building. We had a rodent problem, breathing problems. I did say to the council, ‘you guys going to open this, here, you better do something about this traffic.’ I sit in the back of my yard and hear horrible crashes…every single week.”

You’re going to have to do something. Hopefully, we will get traffic calming devices. I’m sure something has to happen before that building is completed.”

Mayor Pro Tem Tamisha Torres-Walker said, “I’m excited about this opportunity…it’s the type of capital improvement project we need for the community. Our intent is not to put a building into a spot that’s going to be dangerous for the community. In one of the slides, there’s a turning lane into the parking lot. I don’t know how long these problems have been happening, because I’ve only been here nine years. But I know they’ve got to improve before the opening. We have youth who live in District 1 who can’t always get over to southeast.”

District 4 Councilwoman Monica Wilson, who served on the council subcommittee dealing with the department and proposed building with Torres-Walker, said, “I’m really excited about this building. It’s not only for the youth it’s for all individuals who have issues…to share knowledge, be in community, break bread. Yes, we know there are the challenges around traffic we can work on. I just feel that the work we are doing…we’re not breaking ground tomorrow…it’s going to be a positive for the community, not just for District 1.”

“People have mentioned $14 million, wow, that’s a lot of money,” Torres-Walker said. “Is there active fundraising happening…to supplement the funding? she asked of Tasha Johnson.

“Yeah. That’s the hope. We wanted to get the conversations started on approval of the building,” Johnson responded who spoke of grant writing. “Hopefully, we can find a source or two.”

“My concern is, I think we need to look at the budget before we start making commitments for funding,” District 2 Councilman Barbanica said.

“I love the design of the building and believe it can be a positive for the community,” said District 3 Councilwoman LOgorchock. “We don’t have the funding for L Street. Until we have the funding and the budget’s clear and know where the funding is going to come from, I can’t go forward.”

“It’s a couple things,” said Acting Public Works Director Scott Bunting in response to a question by Torres-Walker. “Moving forward does need some kind of commitment. The construction doesn’t have a budget.”

He then spoke of the traffic calming devices and a possible grant to pay for them.

Forrest Ebbs, “The step that’s missing in the schedule is the funding. If you move forward with this you’re aiming very high. It’s clear this is not going to be a 100% General Fund project. But that doesn’t mean it’s not going to be funded. I would say the next step would be to explore funding options.”

“I don’t think it’s prepared for a commitment of total funds,” City Attorney Thomas Smith added.

“We did a survey, once, a few years ago. One of the things that polled very, very high was a municipal center…to centralize all these different services,” Mayor Lamar Thorpe stated. “In my head, there may still be opportunity to work with, like the county. Because they’ve been talking about a new library for a long time. I don’t know, it’s just an idea.”

“I was surprised by this. I thought we were going to stick to the confines of the existing building,” he continued. “I appreciate where we could go with this. But I also know I’ve been here long enough it’s not going to cost $12 million. We redid City Hall…and the price tag kept going up and going up. Effectively our hands were tied and we had to finish what we started. Those aren’t the final numbers, so, we have to budget accordingly.”

“So, there is no funding for this, already. We’re going to have to figure out the funding at a later time,” the mayor stated. “Figuring out the cost is going to be a hard thing to do. I can be for this.”

Barbanica said, “no, I would rather go the other route and find funding, first.”

Torres-Walker said, “yes.”

Ogorchock said, “funding, first.” She then suggested getting the County to sell the library on W. 18th Street to the City for $1.00 and add a second floor to that building.

“I’m confused by funding, first,” Thorpe said.

“This report is premature is what you’re saying,” Wilson said to City staff members.

“We cast a vision, first. We need to start targeting…if we pair the project with the funding,” Acting City Manager Forrest Ebbs said.

“I think we’re moving forward, so you’ve got direction,” Thorpe said. “Wow, this is a big deal. But not without making W. 10th Street safe.”

Ogorchock switches position, joins Barbanica, Torres-Walker

Thorpe, Wilson continue support of ban

Mayor shares personal information about his name and father

By Allen D. Payton

At the beginning of the regular Antioch City Council meeting Tuesday night, March 28, 2023, Mayor Lamar Thorpe spoke about a personal matter, saying his father has cancer and began hospice, today and that he might be missing meetings in the near future. He will begin the legal process tomorrow to add his father’s last name of Hernandez to Thorpe. The mayor shared that last October when he missed a council meeting, he was in L.A. visiting his father when he was first diagnosed.

Thorpe also shared he was baptized as Martín Hernandez, but his parents could not adopt him as his birth mother would not relinquish her parental rights. That’s why all his siblings have the last name Hernandez and he’s the only one with the last name Thorpe.

Council Majority Supports Reversing Tobacco Business Bans

After hearing from Antioch business owners who sell tobacco products complaining about the ordinance previously passed by the council on a 3-2 vote banning the sale of certain products and preventing them from selling or passing their business on to a family member, District 3 Councilwoman Lori Ogorchock changed course and agreed to a reversal. She was joined by District2 Councilman Mike Barbanica and Mayor Pro Tem Tamisha Torres-Walker who cast the two votes against the ordinance. (See related article)

Ogorchock wanted to reverse the ban on the sale of little cigars, or cigarillos, and requiring them to be sold in packs of at least twenty, which includes products sold under the Swisher Sweet brand name that are commonly sold in two packs; the requirement that large cigars must be sold in packs of at least six, including conventional cigars weighing more than three pounds per thousand; as well as the ban on the sale of any package of cigarettes, little cigars, or cigars may sold for less than $10, including applicable fees.

Barbanica spoke next saying, “this is ridiculous. We need to start over. If we want to ban new tobacco businesses from coming into town, fine. But this goes too far. We need to follow state law and make it a level playing field.”

“I agree with everything Councilman Barbanica just said,” Torres-Walker said.

Mayor Lamar Thorpe and District 4 Councilwoman Monica Wilson opposed the changes and continued to support the bans.

On the matter of selling or transferring their business to a family member Barbanica said, “My position is they should be able to sell their business if they want to.”

“If they want to sell it I shouldn’t be the one telling them who they can sell to,” Ogorchock chimed in.

“Selling it and passing it down to a family member,” Torres-Walker agreed when polled by Thorpe.

Both Thorpe and Wilson opposed the change. The mayor said he would work with staff to return with the changes by the council majority for a future vote, to applause from the business owners and their supporters in the audience.

“In the meantime, the ban remains. Please comply,” he said to them.

15,300 s.f. facility to include mini-plaza, event space, conference and classrooms for residents to use, replace Rivertown Resource Center

Will also consider disbanding Economic Development Commission; to hold 5 p.m. budget workshop

By Allen D. Payton

During tonight’s regular council meeting, Tuesday, March 28, 2023, the Antioch City Council will consider approving and spending $9.7 million more for a new two-story building for the City’s new Department of Public Safety and Community Resources at the site of the Rivertown Resource Center on W. 10th Street. In addition, the council will consider disbanding the Economic Development Commission. Earlier, beginning at 4:10 p.m., they will hold a closed session to discuss two lawsuits against the city followed by a budget workshop at 5:00 p.m. (See agenda)

New Department Building

Last year, after the council majority approved the new department, the city took back use of the former police station and jail that had been renamed and used as the Rivertown Resource Center, displacing 16 non-profit organizations that were tenants. Then they set aside $4.3 million in federal COVID-19-related relief from the American Rescue Plan Act (ARPA).  The proposed plan was for a 2,500 square foot addition at a cost of $7.4 million. (See related articles here and here)

Now, staff has determined that it will be better to replace the existing 8,235 square foot building with a new 15,300 square foot two-story building with a public event space with tiered seating and a raised platform, community spaces, classrooms, conference rooms, breakout rooms and a mini-plaza that will create a new venue for possible events, classes and gatherings for residents to use at the W. 10th and D Street location next to a residential neighborhood. The construction is estimated to cost $12.5 million.

The plan includes a new parking lot with a total of 38 spaces. It is Item 7 on the regular council meeting agenda. New Bldg for New Dept ACC032823

The Council workshop and regular meeting will be held inside the Council Chambers at City Hall at 200 H Street in historic, downtown Rivertown. They can also be viewed livestream on the City’s website or on Comcast cable TV channel 24 or AT&T U-verse channel 99. The regular meeting begins at 7:00 p.m.

APOA responds in support of Community Development Director Forrest Ebbs’ appintment

“…this city has one mayor and one council that determines where we go as a city.”

“I want to assure Antioch residents, our city employees and partners that the City’s leadership remains focused and united on our top priority of increasing our overall quality of life and ensuring public safety.”

“…the status quo in this city is so entrenched in the idea that Antioch is a place for a few and not a place for everyone to enjoy.”

“Police reform shall continue to be our top priority…I inherited a (police) department that operated under the idea that they reported to no one.” – Mayor Thorpe

By Allen D. Payton

Following the special Antioch City Council closed session meeting, Friday morning, March 17 2023, in which they unanimously voted to place City Manager Con Johnson on administrative leave, Mayor Lamar Thorpe held a press conference to introduce Community Development Director Forrest Ebbs as the acting city manager. The mayor wanted to also assure the public that the City would continue to work on the council’s priorities and was joined by all the City’s department heads and District 3 Councilwoman Lori Ogorchock, whom he thanked. He also took swipes at members of the public and the Antioch Police Department.

Thorpe livestreamed the press conference on his official Facebook page and provided the Herald with a copy of his following prepared remarks:

“The City Council has appointed Forrest Ebbs as the city’s acting city manager until further notice.

I want to personally thank Forrest Ebbs for stepping up to hold the ship steady as we navigate our way through some unexpected changes. I also want to thank our city department heads for remaining steadfast in our resolve to continue moving this city forward regardless of the situation.”

Thorpe the mentioned Ebbs’ education and professional background. (See Ebbs’ LinkedIn profile for details)

The mayor continued with his statement saying, “On Wednesday, I met with all of our department heads minus one to look them in the eye and remind them that they are all valuable members of our administration and that they have my full support and the support of this council.

I want to assure Antioch residents, our city employees and partners that the City’s leadership remains focused and united on our top priority of increasing our overall quality of life and ensuring public safety.

Antioch’s government continues to be open for business and working for the people.

Yes, it’s normal to have policy disagreements, yes, it’s normal to have ideological differences and yes, it’s normal to be on opposite ends of political disagreements.

These items, however, do not change that this city has one mayor and one council that determines where we go as a city. We’ve set priorities and we’ve determined our goals and we’re committed to them until the voters decide it’s time to change course.

I recognize that we can’t realize our vision without a united team of administrators, which is why I’m proud to be standing here with our department heads. They have my back and I have their back.

Every day, I’m bombarded with some of the vilest and most disgusting racially motivated attacks. All you have to do is head back to Tuesday’s council meeting to see it. (Thorpe was referring to comments by former Antioch Councilman Ralph Hernandez about equity and the racial makeup of the city council)

Why? Because the status quo in this city is so entrenched in the idea that Antioch is a place for a few and not a place for everyone to enjoy.

This is why it’s so important to find like-minded partners as part of our administration. We do not have to always agree, but we absolutely have to be on the same page on the idea that Antioch’s government will work to represent every single resident.

Gone are the days when the few spoke for the all.

The department heads have assured me that they are committed to this mission and that they will continue moving forward with clarity, and a focus on delivering key services.

This month is a particularly heavy month as we prepare for the budget process under the leadership of Finance Director Dawn Merchant. I anticipate this process will be short and smooth and that it will be a reaffirmation of the long-term goals and priorities we set two years ago.

Within that budget process, we will be able to share with you that, while other cities are worried about their budgets, Antioch continues to be healthy, strong, and balanced.

Later this month, under the leadership of Director Tasha Johnson, we’ll launch the city’s first 24/7 crisis response team, the first city to do so in Contra Costa County and take control of Executive Inn so that we can launch the City’s first transitional housing program for our unhoused brothers and sisters.

Police reform shall continue to be our top priority especially given the unfortunate circumstance of ten percent of our police force being under FBI investigation.” (Actually, only 7 current officers out of the 99 sworn on the force are under investigation)

“United we have worked terribly hard to curb violent crime and we refuse to turn back the clock. In my first two years as mayor and with a progressive majority on the council, overall violent crime was lower than at any time between 2013 and 2020. In my second year as mayor, in 2022, the murder rate went down by 25% from the previous year.

If you recall, when I became mayor, I inherited a department that operated under the idea that they reported to no one.

A big reason why there have been so many changes within our city, including today’s change, is that every single city department, including the police, must report to the city manager under the umbrella of one city.

We are not the wild west, and we will ensure that every single department is accountable to the residents of our city. As you can see, the very nature of our work makes it so that disagreements are very public. That’s a democracy, and I embrace it.

However, the public nature of those disagreements does not, in any way, change our course. The work continues. The services will be delivered. The streets will be cleaned. And our streets will be safe. That is our continued commitment to you, the residents of the city of Antioch.

Thank you.”

Thorpe then repeated his statement in Spanish.

He then took questions, the first being “why did you vote to remove Mr. Johnson?”

Thorpe responded, “As you know…I’m not going to comment on personnel matters.”

He was then asked, “Are you going to support a national search for a replacement?”

“We are going to go through this process. If and when we get to a process like that, of course, I would,” the mayor responded. “It’s too early to speculate as we get through this process, first.”

Questions for Thorpe Go Unanswered

Since the Herald was not informed of the press conference beforehand, questions were emailed to the mayor after, asking since he had prepared his remarks before today’s closed session meeting, if he already have his mind made up how he was going to vote on the matter of placing Johnson on paid leave. Thorpe was also asked for clarification that Johnson is on paid administrative leave since the announcement didn’t include the word paid. Finally, he was pressed further asking what are the next steps in the process, if the council has to wait until any possible lawsuit or investigation of Johnson is completed before terminating him and then beginning the hiring process for a new city manager.

Thorpe did not respond before publication time. Please check back later for any responses from him or any other updates to this report.

3:17 pm UPDATE: The Antioch Police Officers Association issued a statement Friday afternoon in support of Ebbs’ appointment as acting city manager. On their Facebook page they wrote, “The APOA has learned of the appointment of Forrest Ebbs as acting City Manager. We look forward to having a good working relationship with him moving forward as we all seek to work together towards a safer community. We hope that together we can support the vision and mission that Chief Ford is continuing to implement at APD.”

 

 

 

 

Appoints Community Development Director Forrest Ebbs as acting CM

Con Johnson attends meeting; Thorpe holds press conference to issue statement, doesn’t invite local media, again

By Allen D. Payton

The Antioch City Council held a special closed session meeting Friday morning to discuss City Manager Con Johnson’s fate. There were no public comments prior to them adjourning from open session. But before leaving the Council Chambers, Mayor Lamar Thorpe asked the department heads to be on stand-by on the 3rd Floor to be available should they be called into the meeting in the Manager’s Conference Room.

The council discussed two items on the agenda including a public employee performance evaluation of the city manager and possible action. The second item was discussion and possible vote to appoint an acting city manager. The meeting was held to correct the council’s action on Tuesday night, March 14, when they placed Johnson on administrative leave, immediately, because the matter was not agendized properly. The item for that closed session meeting only mentioned potential litigation.

Friday’s meeting began at 10:00 a.m. and the council members returned to public session at 11:00 a.m. with Johnson in attendance. City Attorney Thomas L. Smith reported out that the city council on motion by Councilmember Barbanica and seconded by Councilmember Ogorchock the council voted to place the city manager on administrative leave. It passed 5-0.

The council action follows two recent actions by Johnson in which he fired former City Engineer and Public Works Director John Samuelson in December, which is believed to have been a wrongful termination in violation of the City’s MOU with management staff, and what might have caused the City to face “anticipated litigation, significant exposure to litigation”, as described for Tuesday’s closed session agenda item. Johnson also fired the City’s former public information officer, Rolando Bonilla, following a firestorm with Police Chief Steve Ford and the Antioch Police Officers Association, over a press release including comments about his officers that Ford said he never made. Yet, Bonilla claims Johnson authorized that press release.

During his report out of the Friday closed session, Smith then said, “on the second item on motion by Barbanica and seconded by Mayor Pro Tem Torres-Walker the motion was to appoint Forrest Ebbs acting city manager.” It passed on a 5-0 vote.

Ebbs is currently the director of the City’s Community Development Department.

Following roll call and a vote to adjourn, Thorpe ended the meeting at 11:03 a.m.

The mayor then spoke to the media during a press conference following the meeting to issue a statement in front of a podium that was already set up in the foyer between the council chambers and city hall prior to the closed session. Unfortunately, the Herald was not informed ahead of time that was going to occur and was not in attendance.

Barbanica said he was also not aware of the planned press conference being held after the closed session meeting until he saw the podium when he arrived for the meeting and asked city staff about it. The District 2 Councilman said they told him it was for after the meeting. Barbanica did not stay for the press conference and could not provide details of what Thorpe shared.

Asked if Johnson attended the closed session, after consulting with the city attorney, Barbanica responded, “as with most city council closed sessions the city manager and city attorney would be present. Also, it would not be uncommon for an employee being evaluated by the council to be present during the evaluation. However, if the council was considering any personnel action the employee would not be present for that deliberation or vote.”

Thorpe livestreamed the press conference on his official Facebook page and introduced Ebbs and his background. The mayor, joined by all the City’s department heads and District 3 Councilwoman Lori Ogorchock, who was the only other council member in attendance. Please see the follow up article for details on the press conference.

Largest amount spent to defend city against lawsuit by natural gas pipeline companies

By Allen D. Payton

In an attempt to determine the reason the Antioch City Council voted to place City Manager Con Johnson on paid administrative leave during their meeting Tuesday night, March 14, 2023, which was finalized in a revote on March 17, a review of the past three months of Council Warrants, which are the City’s expenses per department the council votes on was conducted. Between Dec. 1, 2022 and March 2, 2023, almost $321,000 was spent on outside legal counsel and over $5,000 on a personnel investigation. Antioch City Attorney Warrants 12-01 thru 12-29-22     Antioch City Attorney Warrants 12-30 thru 01-12-23    Antioch City Attorney Warrants 1-13 thru 2-2-23    Antioch City Attorney & Human Resources Warrants 2-2 thru 3-2-23

On Tuesday’s meeting agenda it shows in the Council Warrants report Feb. 2-March 2, 2023 under the City Attorney category, $96,252.37 was paid for Legal Services Rendered to 11 law firms, and under the Human Resources category $5,166.25 for Investigative Fees paid to Barry Aninag Investigations. Mr. Aninag’s LinkedIn profile shows his company “offers independent, impartial, and thorough investigations into allegations of employee misconduct, harassment, and hostile work environments.”

The Council Warrants on the Feb. 14, 2023 agenda for Jan. 13-Feb. 2, 2023 show $41,118.43 for legal services; the Jan. 24th council meeting agenda shows $41,930.76 in legal services for Dec. 30, 2022-Jan. 12, 2023 and the Jan. 10th council meeting agenda shows $141,472.97 paid for legal services incurred Dec. 1-29, 2022.

That’s a total of $320,774.53 in legal services plus the cost of the personnel investigation in the past three months for a grand total of $325,940.78.

Questions for City Attorney, Acting City Manager

That information and questions were sent Wednesday to City Attorney Smith and Acting City Manager Cortez, and copied to the council members, City Finance Director Dawn Merchant and City Treasurer Lauren Posada asking for what cases are the expenses and if any of them or the investigation is related to Johnson. Smith and Cortez were also asked if it is normal for the City to spend over $100,000 per month on average for outside legal counsel.

Councilman Barbanica, who said he spoke with City Attorney Smith who said, “the bulk of this ($108,248.82) is to Meyers Nave to defend the City against the litigation on the CRC natural gas pipeline from the 3-2 council vote to deny the renewal of the franchise agreement.”

“Which I voted against, by the way,” the councilman added.

“The payments to Hanson Bridgett are for ongoing labor and employment investigations and the Telecom Law Firm is for dealing with leases related to cell towers and other telecommunications in the city,” Barbanica continued.

The total over the past three months paid to Hanson Bridgett LLP was $74,132.59 and $9,101.50 to Telecom Law Firm PC. In addition, $64,362.70 was paid to Liebert Cassidy Whitmore. According to their website the firm “provides unparalleled education, training, litigation and advisory services to California’s public agencies, educational institutions and nonprofits.”

Smith was asked which of those services they are providing to the City of Antioch.

“A city our size has an understaffed attorney’s office with two attorneys and one assistant. So, a lot of this has to be farmed out because of that. If you look at Vallejo and Richmond, they have more than double the number of attorneys and assistants than we do,” he added. “It’s a lot of money.”

Smith did not respond by publication time. Please check back for any updates to this report.

With correct description for agenda item

By Allen D. Payton

As previously reported, Antioch Mayor Lamar Thorpe has called a special closed session council meeting for tomorrow, Friday morning, March 17, 2023 to discuss and possibly vote on two items regarding embattled City Manager Con Johnson who was placed on administrative leave Tuesday night.

The council, with Thorpe and Mayor Pro Tem Tamisha Torres-Walker absent during Tuesday’s closed session, on a 3-0 vote placed Johnson on administrative leave, immediately. But the notice for that meeting only described it as “CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to California Government Code section 54956.9(b): One case” not mentioning anything about a public employee or the city manager, specifically.

Although the mayor sets the agenda for each meeting, Thorpe posted on his official Facebook page on Wednesday about the council action, “legally they were procedurally wrong”.

The agenda for Friday’s meeting, posted today, Thursday, March 16 on the City Clerk’s webpage shows, first the council will discuss PUBLIC EMPLOYEE PERFORMANCE EVALUATION AND POSSIBLE ACTION – This closed session is authorized pursuant to Government Code section 54957(b). Title: City Manager.  ACC agenda 031723

Second, the council will discuss a PUBLIC EMPLOYEE APPOINTMENT – This closed session is authorized pursuant to Government Code section 54957(b). Title: Acting City Manager.

The meeting will first begin inside the Council Chambers at 200 H Street, and although it’s a special meeting, Public Comments on the two items will be allowed before the council adjourns into closed session. Following that, the city attorney will report out any action the council has taken.

The open session portion of the meeting can be viewed livestream on the City’s website.