For two-year term, an assistant city department head from Seattle, with no experience as city manager or assistant city manager

“Let’s just keep it real, there is no such thing as fair when the social construct we live in was created by white people for the benefit of white people only- to the detriment of every one else” – Antioch City Manager candidate finalist Bessie Marie Scott on Facebook

“We’re 70 days from an election as of Tuesday and this should not be decided by this council…There were some qualified candidates that along the way removed themselves from the process.” – Councilman Mike Barbanica

By Allen D. Payton

With just 70 days to go before the election, during their meeting on Tuesday night, August 27, 2024, the Antioch City Council will consider voting to hire a new city manager, and without first introducing the candidate to the public. After violating the state Brown Act open meeting law by first, discussing then, voting to direct staff to hire the executive search firm during Closed Session earlier this year, according to an attorney with the First Amendment Coalition, the city council interviewed fewer than 10 candidates for the position following a nationwide search.

City Manager Candidate Bessie Marie Scott

According to the city staff report for the agenda item, #9, the council’s candidate of choice for city manager is Bessie M. Scott who has not previously worked as a city manager or assistant city manager for any other city. According to both the report and her LinkedIn profile, she is currently the Deputy Inspector General for Public Safety for the City of Seattle, Washington and has served in the position since April 2023.

Before being chosen as the finalist, she, along with other applicants, were introduced to the City’s department heads, according to District 2 Councilman Mike Barbanica.

According to the department’s website, “The City of Seattle Office of Inspector General (OIG) was established to ‘help ensure the fairness and integrity of the police system as a whole in its delivery of law enforcement services by providing civilian auditing of the management, practices, and policies of the [Seattle Police Department (SPD) and Office of Police Accountability (OPA)] and oversee ongoing fidelity to organizational reforms implemented pursuant to the goals of the 2012 federal Consent Decree in United States of America v. City of Seattle, 12 Civ. 1282(JLR).’”

Prior to her current position, Scott worked for a little over three years for the Public Defender Association in Seattle, first as Chief of Staff then as Co-Executive Director of Operations. Prior to that, for a little over two years, Scott worked for the Seattle Community Police Commission, first as Policy Director then as Interim Executive Director. Her longest tenure was for six-and-a-half years for the Seattle Housing Authority where she worked, first, as the Senior Paralegal and Public Records Officer in the Legal Department. That was followed by a position as Senior Policy Analyst for the Office of Policy & Strategic Initiatives, then finally as Strategic Advisor for Rental Assistance Programs.

The staff report also shares, “She has public sector experience in various areas such as public safety, housing programs and municipal policy administration. In her current role, she ensures consistent policy interpretation across all functions of public safety, including Audits, Investigations, Policy and Standards and Compliance.

Accomplishments

More specifically, according to the city staff report, “Some of her career accomplishments include: Managed a Home from School Program, which was a pilot initiative that paired a Housing Choice Voucher with a family experiencing homelessness and living in a shelter near a school in Seattle. The program was a success and housed over 250 families in the first year.” She also “Managed a grant funded Education and Outreach Initiative (EOI) Statewide Fair Housing Test Program.”

The proposed agreement does not yet include salary and benefit amounts as those will be finalized during negotiations at the Closed Session meeting on Tuesday night.

Honors

Scott was honored with the 2021 Changemaker of the Year Award from Voices & Visions, University of Washington, Evans School of Public Policy and Governance, in February 2021. The announcement on the college’s website for this year’s honorees and celebration, shares details about the award offers three phrases, Collective Wisdom, Brave Leadership and Rigorous Action. The description reads, “Amid the turbulence and challenges we see day-to-day, join us to celebrate leaders catalyzing positive change in our communities and public systems.  This moment calls for courageous leadership and rigorous action. Join us for an evening of discussion, discovery, and community.  Your participation helps raise critical funds to support the mission of the Evans School, fueling our ability to inspire public service and democratize public policy.”

Education

Scott earned an Executive Master of Public Administration – EMPA in 2020 from the Evans School of Public Policy & Governance, University of Washington and took a Public Policy Analysis course in 2003 at the University of KwaZulu-Natal. She earned her undergraduate Bachelor’s degree with a double major in Law and Society/ Philosophy, with an emphasis in Criminal Justice/ Ethics and Public Policy from UC Santa Barbara in 2003.

If hired, Scott will be the City’s first African American female city manager.

Scott’s Controversial Social Media Posts

But the prospective city manager’s social media posts and comments are already causing a stir, as some of them include racially charged comments by Scott dating back to 2018 and more recently, advocacy for such matters as a “Free Palestine”.

X/Twitter Posts and Comments

In a reply to a Twitter/X post on Aug. 30, 2018, by Franklin Graham, son of Rev. Billy Graham, which reads, “Our nation is in trouble—and it’s because we have taken God out of everything. Follow if you agree,” Scott wrote on Oct. 5, 2018, “Please stop. You abandoned God a long time ago by supporting racists and bigots who help you preserve your whiteness. Stop using GOD to justify your ugly ways. See you in hell!”

A post on her Twitter/X account (https://x.com/bethalightmarie) on June 3, 2019, she wrote, “I’ve never hated a character @FelicityHuffman more. Life imitates…that white women are the problem…in real life. Because also who raises white men? #Beckydoes #thatswho #whitewomendobetter #ShameOnYou #CentralParkFive #reidtechnique #f—kkktrump (redacted by the Herald) @realDonaldTrump.”

In a February 16, 2020, post, in response to another post Scott wrote, “White parents just don’t know/care about what we go through worrying about our children being treated any kind of way due to their skin color. Sad. Infruriating. Unfair” and the word America with “kkk” in the middle as “amerikkka”.

A post on Jan. 6, 2021, reads, “You know what’s standing out to me more than these clever memes about today? The White silence on my timeline. #Allies What say you? I need some #Reparations #AccountabilityNow.”  

Facebook Posts and Comments

A post on March 31, 2019, on Scott’s personal Facebook page (www.facebook.com/bmariescott) of an article entitled, “What Happens When Poor Kids Are Taught Society Is Fair,” she wrote, “Let’s just keep it real, there is no such thing as fair when the social construct we live in was created by white people for the benefit of white people only- to the detriment of every one else and is upheld by systemic and institutional racism which is codified in law, carried out through disparate policy implementation and enforced and upheld by a justice system that acts as a gatekeeper for the halls of power. These are indisputable facts. Convince me otherwise, I’ll wait.” #spotthewhitelie #callitbyitsname #racism

In a July 4, 2019, Facebook post writing, “Siiiiigh” in response to an article entitled, “How to Celebrate the 4th of July When America is a Constant Disappointment” with the sub-headline which reads, “If you feel like patriotism is morally repugnant right now, you’d be correct.”

In a Facebook post on July 5, 2019, of an article with a list of “15 Books Every American Needs to Read to Get the Full Story of Our Nation which included, “Transgender History – The Roots of Today’s Revolution” she wrote, “Some light Summer reading”.

A June 6, 2022, she posted on Facebook about being “the angry black woman”, “To [sic] many times to count.”

One of her more recent and innocuous posts was on Dec. 31, 2023, and reads: “The aftermath. 2023. Feeling so blessed and incredibly grateful to my tribe. My camera roll is wild- so much good stuff! Going forward into 2024 with a humble spirit and a full heart knowing that there is much work to be done if we are to be in our humanity. Free people read freely. Oppression is the root cause of conflict. Everyone should have access to housing and healthcare. Water rights for all. Free Palestine.

And the list goes on. I hope we all love harder in 2024. Happy New Year to you!”

Only Barbanica Responds to Questions for City Council Members

All five councilmembers were asked via email Friday night why they would you hire someone without first introducing the candidate to community leaders, including those from city commissions, the Chamber of Commerce and non-profit organizations as has been done in the past, to get input from them before you vote.

They were also asked if there were no other candidates who have experience as a city manager or an assistant city manager for other cities.

The councilmembers were asked before narrowing down their choices to Ms. Scott, if they were aware of her rather controversial remarks on her own social media pages. Some of the comments above were shared with the councilmembers.

They were then asked if she is really the best candidate and the best fit for Antioch city manager out of those they interviewed. Finally, the councilmembers were asked, if they you really think someone so racially divisive is the right choice for Antioch city manager especially after our community has just gone through the upheaval from the racist text scandal caused by some of our police officers.

Barbanica responded, “My position has been all along this should have been a public hiring. There should have been full transparency as the public needs to be apprised of the progress of the hiring all along. I said that publicly so the public could be made aware of who we were considering. The public went from knowing absolutely nothing about it to one day saying we have a final choice and we’re hiring a city manager and offering a person the job.”

“The public wasn’t aware we had a pool of applicants and that we had narrowed it down, where we were in the progress, and if we’re doing interviews. At one point all the department heads were allowed to do a meet and greet with multiple applicants. The public should have been made aware, so it didn’t come as big surprise.”

“Yes, that should have occurred,” referring to meetings between the final applicant and community leaders before the vote.

“This council should not be making the decision. This should be pushed out to the next council after the election. We have three seats that are up for election,” Barbanica continued. “We’re 70 days from an election as of Tuesday and this should not be decided by this council. It’s very likely that the overall direction of this council could be changing, depending on what the voters decide.”

Asked about the experience of other applicants he said, “There were some qualified candidates that along the way removed themselves from the process.”

“I have supported and continued to support leaving Kwame Reed in that position until the next city council is seated,” Barbanica stated. “At least bring him on as the interim city manager for the next couple of months and let the next council decide if they want to continue with him or start this search over.”

“I’m looking forward to hearing public comments on Tuesday night before I make my final decision,” he added.

When reached for comment, District 3 Councilwoman Lori Ogorchock said, “I will comment after Tuesday’s meeting and not before, because the vote hasn’t been disclosed and would be a Brown Act violation.”

Additional efforts to reach Mayor Lamar Hernandez-Thorpe were unsuccessful prior to publication time.

Meeting Times and Location

The Tuesday night meeting inside the Council Chambers at City Hall, located at 200 H Street, begins with a Closed Session at 5:15 p.m. during which the council will discuss the appointment of the new city manager. The public will have the opportunity to speak during public comments on the items they will be discussing prior to the council adjourning into their closed-door meeting. The council members will also discuss an existing lawsuit and anticipated litigation followed by the performance evaluations of both Acting City Manager Reed and City Attorney Thomas L. Smith.

The regular meeting will begin at 7:00 p.m. City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream on the City’s website. See the full agenda packet.

In the City where “Opportunity Lives”, give the new council members the opportunity to make the decision

By Allen D. Payton

With less than 90 days until the election on November 5th when two new Antioch City Council members will be elected and a new mayor could be elected, it’s too late for the current council to make the decision to hire the new, permanent city manager.

District 2 Councilman Mike Barbanica is running for county supervisor instead of re-election and District 3 Councilwoman Lori Ogorchock can’t run for re-election because she was gerrymandered out of her district by the council majority in 2022. Plus, Mayor Lamar Hernández-Thorpe is running for re-election while facing a formidable challenger in former city manager, Ron Bernal who could very possibly win.

Why should those three council members help choose the city manager who the three new council members would be working with for the next four years? The answer simply is, they shouldn’t. Plus, both Barbanica and Ogorchock have stated they agree the next council should make the decision. He said on Tuesday, August 13, 2024, “That has always been my stance.”

What if the new council majority doesn’t click with the new city manager? They would be forced to work with the person or terminate the contract costing the City and wasting taxpayer funds by paying the severance, which is usually 12 to 18 months of a city manager’s salary.

The one good thing, this time, is the council hired a company to conduct a nationwide search. But they waited too long to get started, after the previous city manager, Con Johnson, who was hired without a nationwide search, was promoted from acting city manager on Oct. 26th immediately before the 2022 election, placed on administrative leave on March 17, 2023, and then resigned effective July 14, 2023. Part of the challenge and delay was the council could only find one search firm to submit a bid to take on the responsibility.

The mayor and council majority could argue the point that they need to make the decision, now to comply with the six-month deadline by the county’s Civil Grand Jury from their report issued in June. But it would be the height of arrogance for the current council to make such a decision impacting the two new council members and possibly three, including a new mayor, without their input. I’m pretty sure the Grand Jury would both understand and give the new council a little more time to comply, knowing that a change in leadership and direction of the city has occurred which won’t cause more of the same concerns to the jurors.

If Hernández-Thorpe is that confident he will be re-elected, then he’ll recognize the city will be fine for a few more months operating under the day-to-day leadership of Acting City Manager and Economic Development Director Kwame Reed and limping along with an interim police chief, two other acting department heads and an acting assistant city manager, and the mayor will wait. The other two council members, Mayor Pro Tem and District 4 Councilwoman Monica Wilson and District 1 Councilwoman Tamisha Torres-Walker will still be involved in the decision even after the election. If the mayor is re-elected, he too will have a say, which can occur right after the council meeting in December when the new members are given their oaths of office.

But we’ll see what the three decide and hopefully they won’t repeat their past action when they appointed the previous city manager less than two weeks before the last council election. They must give the new council the opportunity – which the City’s slogan claims, “Lives Here” – to make the decision to hire a new city manager.

Identifies victim, asks Antioch council to take action, says they were warned of dangers; police ID suspect; 4 councilmembers, city staff offer no responses to organization, questions

By Allen D. Payton

Following the death of an Antioch cyclist in a collision caused by a drunk driver on Lone Tree Way on Saturday, July 27, 2024, Bike East Bay Bicycle, on Thursday, Aug. 1, 2024, called it “preventable” and announced a statement sent in a letter to the city council asking for action to “mitigate the ongoing dangers”. The letter also identified the victim as “a 29-year-old mother of 2 named Linda Woolridge.”

As previously reported, according to Antioch Police, the 38-year-old male driver from Antioch, “was arrested for suspicion of driving under the influence of an alcoholic beverage causing serious bodily injury or death.” The six-foot tall, 205-pound Hispanic suspect is identified as Alexander Mayorga, born June 29, 1986.

According to Antioch Police Lt. Desmond Bittner, he was arrested and then released pending the results of the toxicology report. Then once we get those back the case will be submitted to the DA’s Office who will determine if charges will be filed against him.”

Asked how long it will take for report to be received Bittner said, “I’m told it’s four to six weeks for the toxicology report. But it depends on the case. For a felony DUI case they could possibly get it expedited.” The case # is 24-006570.

A post on the group’s Facebook page asks the public to join them in their effort writing, “This week Linda Woolridge was struck and killed by a drunk driver while she was biking on Lone Tree Way in Antioch. Linda was a mother of 2, and the 11th person killed on this corridor since it was increased from 4 to 6 lanes in 2018.
We are devastated by all of these preventable tragedies. Please join us in writing Antioch City Council at cityclerk@antiochca.gov ahead of their August 13 meeting, to ask that they coordinate with Bike East Bay on near-term safety mitigations for the corridor.

Read our full statement at the link in our bio.”

The statement signed by Robert Prinz, the organization’s Advocacy Director, says widening Lone Tree Way from four lanes to six lanes in 2018 “was a mistake”, although the road was designed and built to accommodate the additional lanes. They also reminded the council that they and city staff were warned by their members and an Antioch resident about the dangers of eliminating the bicycle only lanes for shared lanes with vehicles before the lanes were added.

However, the organization’s statement acknowledges the “response provided by the city traffic engineer…was as follows: ‘Much thought has been given to the decision to follow the general plan and stripe three lanes along Lone Tree Way (in each direction). This project has been in the works for many years with the Mokelumne Trail being the preferred bike route adjacent to this roadway. Shared bike lanes are also being provided in accordance with the California Manual of Uniform Traffic Control Devices to provide riders options to use the roadway.’”

The coalition wants the council “to request that staff coordinate with Bike East Bay and the Antioch Parks & Recreation Commission, which currently serves as Antioch’s bike/walk committee, to develop a rapid response, near term safety project for Lone Tree Way and mitigate the ongoing dangers on that corridor.

This project should be informed by countermeasures from the Local Road Safety Plan, as well as Caltrans’ 2024 Complete Streets Contextual Design Guidance.

We also request that you initiate an Antioch bike/walk planning effort, the city’s first and separate from the Contra Costa Countywide Bicycle and Pedestrian Plan. City Council should form a dedicated bike/walk commission to help provide community oversight on plan development and implementation.”

See East Bay Bike’s statement in letter to the Antioch City Council

Questions for City Council, Staff Go Unanswered

City council and staff members were asked if they had responded to the organization and, if so, to provide a copy. They were also asked if the council or city staff have any plans to take any action, or if they are already doing something to address Bike East Bay’s concerns.

Only District 3 Councilwoman Lori Ogorchock responded writing, “I have not reached out to them. I know I questioned how the cyclist would be able to ride on the roadway and cannot for the life of me remember how I voted.  I know I was concerned about the safety.”

That’s because there was no specific vote on the restriping of Lone Tree Way to six lanes. The comment made by a resident mentioned in the coalition’s statement was made during general Public Comments at the council meeting on Nov. 27, 2018, which was shown incorrectly as Nov. 26.

Statement Author Says “This is a Broader Safety Issue”

“It was never agendized,” Prinz stated when asked about the date of the council vote and correct meeting date the comment was made. “It was part of a larger paving project in either 2017 or 2018.”

“It’s not just a bike safety issue. This is a broader safety issue,” he added, which mirrors the list of incidents mentioned in his letter.  

“Since then, 11 people have been killed in crashes on Lone Tree Way, many of them related to speeding,” Prinze wrote. “These people included Elijah Holland, an 11-year-old Antioch resident who was crossing the street on foot when he was hit and killed by a driver in 2020 and 20-year-old Angela Fierro, a pregnant mother who was killed while riding in the passenger seat of a vehicle involved in a high-speed crash with another driver.”

“Another 21 individuals have been seriously injured in crashes since the 6-lane configuration was installed, many of whose lives are forever altered via pain and disability,” he added to support his point.

“As to plans, it would have to be part of the next council meeting, which I will reach out to Kwame to see if we can add,” the councilwoman wrote.

Additional attempts to reach Mayor Lamar Hernandez-Thorpe, Acting City Manager Kwame Reed and Acting Assistant City Manager and Recreation Director Brad Helfenberger for a response were unsuccessful prior to publication time.

A GoFundMe account was set up for Woolridge, but it can no longer be found on the site.

Please check back later for any updates to this report.

With Wilson absent also approves resolution opposing Amtrak station closure

Staff working on developing possible DEI policies, not position, yet

Torres-Walker issues another diatribe from the dais, slams DA, Grand Jury investigations of alleged Brown Act violations

Close meeting in honor of late former Reserve Officer Frank Rupani, woman shot and killed by police in Illinois

By Allen D. Payton

After over 10 months of discussing an ordinance and multiple votes, with Mayor Pro Tem Monica Wilson absent, the Antioch City Council, on Tuesday night, July 23, 2024, voted 3-0-1 to finally barely approve a ban on sideshow organizers, advertisers and spectators. District 1 Councilwoman Tamisha Torres-Walker voted to abstain. The council also approved on a unanimous vote a resolution opposing the decommissioning of the Antioch Amtrak station.

Ban on Sideshow Organizers, Advertisers and Spectators

Before council discussion of the second reading for the ordinance banning organizing, advertising and being a spectator at sideshows, public comments were received. Former councilman Ralph Hernandez spoke first saying, “I fully support that the city enact a very strict ordinance. These are very dangerous things. They’re advocating for criminality. When you have people actually come to Antioch to see these sideshows…they have actually become art of a conspiracy which is not just a misdemeanor, it’s a felony. They’re standing on the sidewalk encouraging the participants. They’re actually becoming participants…aiding and abetting the criminality.

“Give the police the weapons they need to fight this kind of crime,” he added.

Alexander Broom said, “Last meeting we discussed possibly narrowing the definition of what a spectator is for this ordinance. Although I do support the ordinance, still…I don’t think we should leave any slack in what a participant is and obviously, a participant and a spectator in these situations are different and I think the language used in this ordinance is just far too broad and it opens things up.”

“I don’t think we should be discouraging people observing, witnessing these events,” he continued. “Especially, if that prevents them from assisting police in capturing license plates and these illegal acts. It’s not illegal to observe a crime.”

“I just ask that we consider, tonight narrowing down what a participant is to not… giving our law enforcement officers the opportunity to make a mistake. Because those mistakes are costly for the city…for the residents…for those who may not be guilty of this crime,” he concluded.

During council discussion, District 3 Councilwoman Lori Ogorchock said it was, “another tool in the toolbelt for our police officers.” She then attempted to again add in the ordinance items she had requested that the other councilmembers wouldn’t accept at their meeting on June 25. They include “impounding vehicles until the court date and increasing fines and fines for our resources.” The councilwoman asked that they be brought back, “to see if those can be added to the ordinance at a later date.”

Torres-Walker then asked Acting Chief Brian Addington multiple questions about sideshows in the city and how the department will enforce the ordinance asking, “How many, year-to-date, so, in the past six months, how many sideshows have occurred…with 50 to 100 spectators?”

He responded, “Unfortunately, I wasn’t prepared for that question so, I don’t have the exact stats. But I would venture to say there’s been more than 15.”

“With 50 to 100 spectators?” the councilwoman repeated. “Not vehicles, not drivers, just spectators.”

“With 50 to 100 people participating in the event,” said the chief.

“Excluding the drivers,” Torres-Walker pressed further.

“Yes. With hundreds of people out there,” Addington stated.

“So, maybe 15. I’m just trying to get the number because it hasn’t been in anything I’ve seen,” said the councilwoman.

She then asked, “How many of these activities have you needed to request mutual aid for from other cities”

The chief responded, “I would say at least half of those and some smaller ones, as well.”

“What typically happens is they start as big ones and then they start breaking up into smaller ones,” he continued. “So, you may have two or 300 at one event, and the next thing you know that breaks up and the next one is 100 and it may go down to 50.”

“Right. So, more than half the sideshows that you experienced with the potential for 50 to 100 participants plus, spectators, you’ve needed mutual aid from outside cities for,” Torres-Walker asked again.

“We have requested mutual aid,” Addington clarified. “Sometimes some other agencies have been able to send officers to assist. Sometimes they have not.”

“How large is your current traffic division,” she then asked.

“Right now, we have one sergeant and one officer assigned to the traffic division,” the Chief answered.

“So, two?” the councilwoman asked. “And when you need to respond to a large sideshow how do you make up the difference? You pull everybody from all beats to the one location.”

“Yes,” the Chief said. “Most traffic officers generally work during the day and a lot of our sideshows occur in the late evening and on the weekends. Sometimes we have our traffic officers working those hours, obviously, so, we want to be prepared. But the vast majority of sideshows are handled by the beat officers, and we have to pull all of our resources to go and deal with these sideshows. Then, as I mentioned, call in additional resources when they’re available from other agencies. So, it’s a considerable undertaking.”

“How does it work to enforce this ordinance? Is that through the department of vehicle or through the district attorney or both?” Torres-Walker asked. “How is somebody charged with a misdemeanor that would trigger the fine, the forced, the volunteering? Who imposes that? Is it the district attorney’s office?”

“So, usually there’s two routes…the criminal prosecution route or you could do the administrative citation route which would be a function of the City,” the Chief responded. “But generally, it is through the criminal route and it goes through the district attorney’s office.”

“The route this ordinance is proposing is a citation?” she asked and then answered her own question saying, “It will be both.”

“Yes,” Addington confirmed.

“Have you had the chance to talk to anybody at the district attorney’s office?” Torres-Walker then asked.

“Yes, ma’am,” he responded.

“And what was that conversation like,” she asked.

“We talked about training. We talked about different sections that are applicable and the use of the ordinance, as well,” the Chief responded.

“And so, they’re familiar with all of this? They already know how to run it through?” the councilwoman asked. “And I’m sure every citation will be under a microscope.”

“They know how to review these cases, yes,” Addington stated.

Torres-Walker then asked, “Do you believe that there’s any potential of any policy to have disparate impact on certain communities?”

“I think our officers are going to do the best they can to enforce the law based on the information that they see at the time,” the chief responded.

The District 1 councilwoman said the initial focus was on “proactive enforcement. How do you stop it before it happens?”

“The $1,000 fines that are being collected, where’s that money going and how is it going to be spent,” she asked City Attorney Thomas L. Smith and Acting City Manager Kwame Reed.

Smith responded, “Those fines are not going to be delivered to the city for expenditure. Those are under the penal code and so, I don’t know exactly how they spend them. But it’s not the city’s pot of money if that’s the question.”

“Well, I know that the fines won’t come to the city,” Torres-Walker stated. “I just wanted you to say it so people in the public who have asked me will know that these particular fines won’t come back to the city in any type of way for any monetary value for any other use or purpose and they also won’t be going to the police department. So, there’s no physical [fiscal] benefit that the city will be receiving by passing this ordinance.”

“I think that the devil is really in implementation and enforcement and we won’t really know if it works or doesn’t until it’s enacted and we trust current officers who are committed to quality policing in Antioch to enforce this ordinance and see where it goes,” Torres-Walker concluded.

District 2 Councilman Mike Barbanica then made the motion to adopt the ordinance which was seconded by Ogorchock. With no further discussion the ordinance was adopted on a vote of 3-0-1 with Torres-Walker abstaining. (For details on the ordinance see related article)

Resolution Opposing Decommission of Amtrak Station

Then, 16 months after the vote, at the suggestion of Councilwoman Ogorchock, the council considered, discussed and then adopted a resolution sending a message to the San Joaquin Joint Powers Authority (SJJPA) opposing the decommissioning of the Antioch Amtrak station.  As previously reported, the SJJPA board voted with the support of a minimum of six members in favor in March 2023.

Leslie May was the first of only three members of the public to speak on the matter saying, “I am opposed to closing this station, as well, because I use it. I don’t have to depend on my daughter driving me. I have friends in Oregon I like to go see. There’s a lot of seniors that use it. I hope you do pass this resolution, tonight.”

Eddie Dotts spoke next saying “I’m just here to thank you in advance for passing this. I just got here today from the train, riding Amtrak. I always end up seeing someone I know on the train. I saw a senior who’s got to be at least 90 years old, up walking around on the train. Do everything you can to make sure Antioch stays viable in transportation.”

Andrew Becker said, “It’s frustrating. The resolution speaks of passenger rail service starting here in 1994. But that’s not true. The rail service came to Antioch all the way back to when the transcontinental rail was completed.”

“In 1910, passenger service started over in the downtown waterfront area,” he continued. “There was siding for trains to pull off. But in the 80’s the City of Antioch decided it was time to use redevelopment dollars to get rid of that siding. It was said it couldn’t be there anymore, it was too dangerous…in its current form and fashion.”

“Nobody has talked about what the rail authority wants…and the City of Antioch owns most of the right-of-way on each side of the rail line,” Becker added.

One proposal by the SJJPA staff during the March 24, 2023, board meeting was to add another track or siding, to allow for trains to pass each other along the route, which would allow for the Antioch station to remain open.

Ogorchock made the motion to oppose the decommissioning of the Amtrak station, Torres-Walker seconded it and the motion was adopted 4-0. (See resolution in related article)

No Action on Creating DEIB Officer Position, but Staff Says They’re Already Working on Developing DEIB Policies

Upon introducing the proposed Diversity, Equity, Inclusion and Belonging Officer Position for the city, Torres-Walker said, “this was my request.”

During public comments Chima Oluo said he was “a springboard intern for our city attorney. I am in favor of a DEIB officer position…bring Antioch closer to a more equitable city.”

“I believe that more people don’t know what this is,” he continued. “DEI is fundamentally about promoting fairness and equal processes for all.” He gave examples of the City of Oakland and San Francisco and their DEI practices then said, “I believe Antioch can do this, too. Antioch can establish similar initiatives tailored to the needs of our residents. This will lay the foundation for a more inclusive Antioch.”

Torres-Walker then claimed the idea was the result of a conversation she had with one city employee. 

The councilwoman said, “I would like to take full credit for this item, but this really came out of a conversation with a city staff person who wants to remain anonymous about the lack of human rights and racial equity policies in this city and the lack of diversity and inclusion in city staffing and in our policies.”

“We talked about the potential for this position because it exists in other cities,” Torres-Walker continued. “And giving the direction that this city is going in, we’re always saying we’re the third most, the second most diverse city and yet our public policy doesn’t show that, our hiring practices often doesn’t show that. So, I think it’s important to listen to city staff…because they don’t feel like it’s inclusive.”

“The last update I got from Acting City Manager Kwame Reed is that there might be an effort to look into the need for this position in this city,” she continued. “I can’t help myself because I’m a Black Latina and I’m a Black woman. When we talk about what we want to do for Black people, we say, ‘let’s do a feasibility study and see if Black people have any discrimination they face and then once we come back with those findings then we’ll see if there’s a policy needed to stop discriminating against Black people. Oh, let’s see if people with disabilities are really struggling.’”

“So, why do we need to do studies on issues that people are consistently telling us there’s an issue?” the District 1 councilwoman asked rhetorically. “Is there a need for this position? I would say that there is. I would say that we need to look into it.”

Then she broached the subject of the council’s Human Rights and Racial Equity Ad Hoc Committee.

“We had one public meeting to talk with the public about how they felt about human rights, racial equity and belonging in this city and then we haven’t discussed it again,” Torres-Walker continued.

She wanted another ad hoc committee “to actually create human rights and racial equity policies in this city because they do not exist.”

“Before we can have a Human Rights and Racial Equity Commission, we first need to have policies that address human rights and racial equity disparities in this city as well as a Diversity, Equity, Inclusion and Belonging Officer position to oversee and work with that commission to make sure that these policies are enforced,” the councilwoman stated. “And that good customer service that Councilman Barbanica was talking about. That happens when a city is inclusive.”

“So, I would love for that ad-hoc…to create the policies…to actually come back to the agenda,” she reiterated.

“The three of us did meet,” said Reed, referring to Acting Assistant City Manager Brad Helfenberger and Tasha Johnson, Director of the Public Safety and Community Resources Department. “This was the second RFP that we’re considering to bring back to council. The idea was not to make a determination on whether or not this position was needed…but to develop and do an assessment on how we can formulate the policies. So, it was not about whether this position was needed but how to get a game plan for the position to go forward. The idea is to hire a consultant to come in, do an assessment of the city and look at everything. That’s what we’re looking to do.”

“Our office is happy to help in any way…if you decide to move forward with the initiative,” City Attorney Smith said.

“I would like for the council to agree to allow the city manager, assistant city manager and Tasha Johnson to continue to move forward with the effort around an assessment,” Torres-Walker continued. “But to also grant my request for an ad hoc…to work on…policy for the city.”

Hernandez-Thorpe said, “I just think we need an expert to develop the policies. I’m agreeing with you on this position. Do we really need…we know the culture, here. It’s not rocket science. We did this before with youth services. Then we hired somebody and created an entire department. If we’re going to do all these studies to tell us what we already know.”

“The Department of Public Safety and Community Resources was created by me, thank you,” Torres-Walker then said.

“I think there are experts who do this we can contract out to,” the mayor said. “I don’t think this should sit in one department. It has to be a higher level. The department level, everybody has to be involved.”

“I hear you saying we shouldn’t do this. I hear you saying we need all departments involved,” Torres-Walker continued. “All policies would have to be evaluated.”

Reed said, “We always work together on things. So, we will work together on this.”

“That’s not normal in this city in my experience,” Torres-Walker responded.

“It doesn’t need our approval,” Ogorchock said.

“What’s on the agenda is the position,” Hernandez-Thorpe said.

“We’re not giving the direction to create a position,” Torres-Walker said.

“If you’re doing what you’re doing, then we’re good,” Hernandez-Thorpe said to Reed.

“I think we should have staff look into the creation of this position,” the District 1 councilwoman reiterated. “And it’s already happening and we’re really grateful.”

Then looking at the audience she said, “And we’re all going to be watching, aren’t we?”

However, city staff only said they are looking into developing DEIB policies, not creating the position.

Final Agenda Item Tabled

On the final item, #11 to create a Health and Safety Analyst position for the Human Resources Department, Torres-Walker said a city staff member who also wanted to remain anonymous suggested the position to her, “with concerns about safety, health and safety in the city, in our buildings and within our policies.”

But saying she wanted to “table this…not indefinitely, for me to have a deeper conversation with Acting City Manager Kwame Reed about what he’s been able to find,” the District 1 councilwoman then offered a motion to table. With no public or council comments the motion passed 4-0.

Torres-Walker Issues Another Diatribe from the Dais During Council Communications

During Council Communications, without identifying to or about whom she was speaking or referring, Torres-Walker provided another of her diatribes saying, “It’s a crazy time we’re in. What I want to say is Black face and minstrel shows never excited me and I don’t like Black face or minstrel shows. Which is why I will never let clear people use me to climb the political ladder to gain power over me and my community.”

“When we are in a time when well-educated professionals cannot think critically about what information they are getting and dissect it for truth and lies, we’re in a bad way,” she continued. “You have pencil pushers and keyboard warriors who are masquerading as journalists, voicing their opinions and not one smart person in the room could think to themselves that they need to be critical of what they’re reading over the internet.”

“And so, what I want to say tonight is that every accusation that has been thrown at every council member on this council, whether it was being a corrupt cop, which people have come and said all the time, or whether it’s a resident coming and talking about breeding dogs and selling them online, community members have come to this council accusing all of, every last one of us just about anything,” Torres-Walker stated. “What I want to say is think critically, know what you’re reading and taking in. Protect your ear gates. And the next time the mayor throws a karaoke or pizza party at his house we will be sure to invite the public, so they don’t mistake it for a public meeting. Thank you.” (See 2:53:30 mark of council meeting video)

That last comment was in reference to the accusations against her, Wilson and Hernandez-Thorpe of violating the state’s Brown Act open meeting law when they were at his home and allegedly discussed council business, including the redistricting of Councilwoman Ogorchock, moving her neighborhood from Districts 3 to 4, preventing her from running for re-election. The accusations resulted in an inconclusive investigation by the Contra Costa District Attorney’s Office and a separate investigation by the county’s Civil Grand Jury which issued a report to the council with directives on that matter and two others related to city staffing, ordering them to respond by September 13, 2024, and take actions to rectify within six months. (See related article)

Close Meeting in Honor of Former Antioch Reserve Officer, Woman Shot, Killed by Police in Illinois

The council then closed the meeting in honor of former Antioch Reserve Officer Frank Rupani, who recently passed away, and also, at the request of Torres-Walker, Sonya Massey, who was shot and killed by police in Springfield, IL during an incident earlier this month, caught on officers’ body cam footage.

To replace District 2 Councilman Barbanica who’s running for county supervisor

“I believe organizational change starts with change of leadership,” – Louie Rocha

By Allen D. Payton

Louie Rocha, the retired principal of Antioch High School, announced his campaign for the Antioch City Council in District 2, today, July 27, 2024. He is running for the open seat to replace current Councilman Mike Barbanica who chose to run for county supervisor, instead of re-election. Rocha is the son of former mayor and current school board trustee, Mary Rocha.

In a statement issued Saturday morning Rocha wrote, “I am a 55-year resident of our community. I grew up in the Mira Vista neighborhood in District 2 and graduated from Antioch High School in 1979.

Following college graduation from SDSU (San Diego State University) in 1984, I returned home to marry my wife, Tammy of 38 years, purchase our family home and raise our twin sons, Louis and Ruben.

I am the retired principal of Antioch High School who served our community as a teacher, football coach, counselor, and school administrator.

As a lifetime resident of Antioch, I have a vested interest in the future of our community. I am concerned about the current challenges that are impacting the health and safety of our residents. Decisions made today will determine the future of our beloved community. I have decided to run for City Council because I believe organizational change starts with change of leadership. Based on the Grand Jury report, there are numerous Brown Act and Human Resources violations that have resulted in high turnover of city staff due to a toxic work environment.

I am committed to restoring city leadership staffing and law enforcement staffing within the allocated resources for vacant positions.

I am committed to resolving the problems of today with long-term solutions that will create a safe, healthy and inclusive community for all of our residents and local businesses.

‘Focused on our Future’

Thank you,

Louie Rocha”

————–

The first-time candidate for public office also shared his resume showing his extensive background serving the Antioch community.

Employment:
Program Coordinator, Antioch Sports Legends Hall of Fame Museum at Antioch Historical Society 2022-2024

Itinerant School Administrator AUSD 2023-2024

Retired Principal of Antioch High School. 2006-2022

Assistant Principal at Antioch High School 1999-2006

Varsity Football Coach at Antioch High School 1995-1999

School Guidance Counselor at Prospects High School 1996-1999

REACH Project Teacher / Counselor at Park Jr. High School 1985-1996

Elected Offices:

Antioch Community Foundation (ACF) Board Member/ Secretary 2022-2024

California Interscholastic Federation (CIF)

Executive Committee 2022-2026

North Coast Section (NCS)

Executive Committee 2019-2024

President 2021-2023

American College Testing (ACT)

ACT State Organization President 2016-2018

Honors / Awards

Congressman Mark DeSaulnier Congressional Record of Recognition, Principal of AHS College and Career Academies 2022

Association of California School Administrators (ACSA) Secondary School Principal of the Year 2017

Los Medanos Community College Cesar Chavez Educator Award 2016

President, Antioch Management Association (AMA) 2007-2010 (Serving AUSD employees)

Education:
Saint Mary’s College, Master of Arts Degree in Educational Leadership 1992

San Diego State University, Bachelor of Arts Degree Psychology 1985

Los Medanos College, Associate of Sciences Degree 1982

Antioch High School, Graduation Diploma 1979

Faces At Least One Opponent

So far, Rocha, who is also a grandfather of four, is the only candidate to officially announce for the open seat. However, according to her campaign’s Facebook page discovered by the Herald, today, Dominique King, who unsuccessfully ran against Mary Rocha for school board in Area 5 in 2022, posted her campaign logo on Nov. 19, 2023, raised funds last December and held a campaign kick-off event on May 19th. According to the City Clerk’s campaign finance portal, King filed her Candidate Intention Statement on Sept. 29, 2023, and formed her committee on Oct. 17, last year.

Rocha said he doesn’t yet have a campaign website or Facebook page but is expected to have the setup by next week.

The filing period for the seat will be extended until Wednesday, Aug. 14th since the incumbent is not running for re-election.

Resolution doesn’t mention former city manager’s name

Will consider approving $340K for another year of the 2024-25 Mayor’s Apprenticeship Program; potential creation of a Diversity, Equity, Inclusion, and Belonging (DEIB) Officer position

Proclamation recognizing Antioch-Chichibu Sister City delegation from Japan

By Allen D. Payton

Sixteen months after the San Joaquin Joint Powers Authority Board of Directors voted to decommission the Antioch Amtrak station, during their meeting on Tuesday, July 23, 2024, the Antioch City Council will consider approving a resolution to send a message opposing the closure. It’s almost two years after then-City Manager Con Johnson learned of the proposed closure from SJJPA staff and in turn informed Mayor Lamar Hernandez-Thorpe.

In spite of the mayor saying at the end of the last council meeting he wanted to include the name of former city manager Ron Bernal, who Hernandez-Thorpe has repeatedly accused of approving the closure which Bernal denies and has been proven false through public records, the mayor’s opponent in the November election is not named in the resolution. (See related article)

According to the City staff report on the item (#9 on the agenda), “The Antioch-Pittsburg San Joaquins Passenger Stop began providing service to the east Contra Costa County region in Antioch on October 28, 1994. The Stop is served by the San Joaquins line that operates passenger rail service between Oakland and Bakersfield.

According to ridership data, the Antioch-Pittsburg San Joaquins Passenger Stop has provided approximately 106,000 on-boards and 118,200 off-boards between July 2016 and January of 2024. This equates to a daily average of 82 combined boarding types.

The San Joaquin Joint Powers Authority was established after the passage of Assembly Bill 1779 on August 30, 2012. This bill enabled local and regional agencies the ability to protect the San Joaquins rail service throughout the region.

On March 24, 2023, the SJJPA voted to decommission the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station). The decision to decommission the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) did not have a comprehensive community engagement process nor an analysis concerning the impacts of their decision.

The decommissioning of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) will have an immediate negative impact on the local disadvantaged community which include low-income people of color, seniors, veterans, and small businesses that rely on the station.”

Following is the resolution of opposition prepared for discussion and adoption by the city council:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH OPPOSING THE DECOMMISSIONING OF THE ANTIOCH-PITTSBURG SAN JOAQUINS PASSENGER STOP (AMTRAK STATION) IN ANTIOCH

WHEREAS, the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) in Antioch, CA, has been a vital transportation hub for residents and visitors, providing essential connectivity to regional and national destinations since it;

WHEREAS, the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) has provided approximately 106,000 on-boardings and 118,200 off-boardings between July 2016 and January 2024 that equates to a daily average of 82 combined boardings;

WHEREAS, the City of Antioch is committed to maintaining and enhancing its transportation infrastructure to ensure the mobility, safety, and well-being of its residents and to support the City’s economic vitality and quality of life;

WHEREAS, the San Joaquin Joint Powers Authority was established after AB 1779 was passed by the State Legislature on August 30, 2012, to enable local and regional agencies to protect the San Joaquin Rail Service throughout the San Joaquin Corridor;

WHEREAS, the San Joaquin Joint Powers Authority voted to decommission the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) on March 24, 2023, at Robert J. Cabral Station South Hall Meeting Room 949 East Channel Street Stockton, CA 95202 without providing official notice to the City government or people of Antioch;

WHEREAS, the decision to decommission the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) did not have a comprehensive community engagement process nor an analysis concerning the impacts of the closure of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) on riders who utilize the station to travel to and from the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station);

WHEREAS, the decommissioning of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) will have an immediate negative impact on the local disadvantaged communities which include low-income people of color, seniors, veterans, and small businesses that rely on the station;

WHEREAS, the closure of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) would adversely affect the quality of life in Antioch; and

WHEREAS, the decommissioning of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) impacts the City of Antioch and other regional municipalities from accessing state funding that is associated with having a transportation corridor.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Antioch, California, hereby opposes the closing of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) in Antioch and urges Amtrak, the San Joaquin Joint Powers Authority, and relevant stakeholders to explore all possible alternatives to keep the station open and operational.

BE IT FURTHER RESOLVED, that the City Council of the City of Antioch calls upon federal, state, and local officials to join in opposition to the closure of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) and to advocate for the continued operation and investment in this critical transportation asset.

BE IT FURTHER RESOLVED, that copies of this resolution will be transmitted to the Governor of California, members of the California State Legislature, the United States Congress, the San Joaquin Joint Powers Authority, and other relevant parties to underscore the City of Antioch’s strong opposition to the closing of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station).

BE IT FURTHER RESOLVED, Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station), protest the decision of the San Joaquin Joint Powers Authority to close the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station), and call on the San Joaquin Joint Powers Authority to not eliminate regular service to the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) but rather operate both the Oakley and Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station).

Proclamation Recognizing Antioch-Chichibu Sister City Delegation from Japan

At the beginning of the meeting, the council will vote to adopt a Proclamation in Honor of Welcoming the Visiting Delegation from Antioch’s Sister City of Chichibu, Saitama, Japan. The group of 14, including 10 students and four adults, will stay with local host families while here for a 10-day tour.

Will Consider Approving $340,000 for the 2024-25 Mayor’s Apprenticeship Program

On the Consent Calendar, item K., the council will consider authorizing the Acting City Manager or designee to execute an agreement with Rubicon Programs to provide professional services from September 1, 2024, through December 31, 2025, for an amount not to exceed $340,000 for the Mayor’s Apprenticeship Program.

According to the city staff report, the program “began as a pilot initiative in November 2022 and has completed its first two cohorts…recruited young adults ages 18-26 and employed 20 underemployed, underserved and underestimated participants who faced multiple barriers, including justice involvement, homelessness and the foster care system. Participants underwent 60 hours of workforce development training before placement…(and) ongoing professional development…throughout their part-time employment. Participants were placed in the Public Works Department of the City of Antioch to practice, learn and hone skills that would equip the for future employment.”

Potential Creation of Diversity, Equity, Inclusion, and Belonging (DEIB) Officer Position

At District 1 Councilmember Tamisha Torres-Walker’s request the council will consider the potential creation of a Diversity, Equity, Inclusion and Belonging (DEIB) Officer position under agenda item #10. No information about the proposed position is provided in the city staff report including its purpose, in what department it would be placed and who the person would answer to. The report only shows, “The recommended action has no fiscal impact at this time.” But if the position is created, a salary and benefits package will be developed for it.

Across the country, government agencies, universities and businesses have been either cutting back or completely abandoning their DEI efforts due to significant backlash and the passage of new state laws according to a May 2024 report by Forbes.

According to an article on The Wharton School website, “Diversity, equity, and inclusion initiatives that began during the racial reckoning of 2020, when the murder of George Floyd renewed demands for social justice, are being pulled apart by political and cultural shifts,” and “more than 30 states have introduced laws banning or limiting DEI initiatives, and many companies are cutting their DEI teams.”

At a time the city council members are 60% Black even though according to the U.S. Census Bureau, Black residents make up only 19.5% of the  city’s population as of July 1, 2023, and the city staff has included two Black police chiefs, one permanent, one interim, a Black city attorney, two Black city managers, one permanent and the current one acting, and the Director of the Human Relations Department is an Hispanic woman, people are wondering why the position is even necessary.

The council is being asked to discuss the proposal and offer direction to staff.

The council meeting begins with a Closed Session at 6:00 p.m. in which includes conference with legal counsel on a lawsuit against the city, real property negotiation for the sale of the building at 275 W. Tregallas Road across from the Antioch Main Post Office that currently houses the Delta Learning Center, and the Public Employment – Recruitment of the City Manager.

Regular Session begins at 7:00 p.m. Council meetings can be watched livestream on the City’s website, on Comcast local cable channel 24 or AT&T U-verse channel 99, or in person inside the Council Chambers at City Hall, 200 H Street in historic, downtown Rivertown.

See the complete council meeting agenda packet.

Mayor, council Districts 2 & 3, clerk, treasurer and trustee Areas 1, 3 & 4

By Allen D. Payton

The nomination period for local offices in Antioch including mayor city council Districts 2 and 3, City Clerk, City Treasurer and Antioch School Board Trustee Areas 1, 3 and 4 opens on Monday, July 15, 2024. The nomination period runs through 5:00 pm Friday, August 9, 2024. The election will be consolidated with the statewide General Election on Tuesday, November 5th, 2024.

Papers for offices that are up for election for city candidates will be available at the City Clerk’s office inside City Hall, 200 H Street in historic, downtown Rivertown and for school board candidates at the Contra Costa Elections Office, 555 Escobar Street in Martinez.

“The 2024 General Election has officially begun,” said Kristin B. Connelly, Contra Costa Registrar of Voters. “Candidate Filing begins Monday July 15, and our Candidate Services team is ready to help our residents who are looking to serve their communities in an elected position.”

If an incumbent does not file to run for office by the deadline on August 9th, the filing period for that office will extend until 5:00 pm on Wednesday, August 14, 2024.

Interested candidates for Antioch School Board can schedule an appointment through email at candidate.services@vote.cccounty.us or by calling 925-335-7800. Walk-ins are accepted, but service is subject to the availability of staff. Appointments are available on weekdays from 8:30 am to 4:30 pm. Filing documents and information will be provided to interested constituents at their appointment. The process takes 20 minutes.

For further information on the General Election and key dates, go to www.contracostavote.gov

The following candidates have announced for the election in November:

Mayor of Antioch – Incumbent Lamar Hernández-Thorpe, Ron Bernal

District 3 City Councilmember –Antwon Webster, Don Freitas

See list of all offices up for election in Contra Costa County in November, here.

Kristin B. Connelly, County Clerk-Recorder and Registrar of Voters and Dawn Kruger, Civic Outreach and Engagement Specialist, Contra Costa Clerk-Recorder-Elections Department contributed to this report.

In response to letter from Contra Costa DA sent earlier this year Civil Grand Jury issues report to Antioch Council on city staff leadership turnovers, vacancies, possible Brown Act violations

“Any similar meeting on matters concerning the city could subject council members to criminal liability.” – DA Becton, Deputy DA for Public Corruption Bolen

Barbanica calls for resignations of Hernandez-Thorpe, Wilson, Torres-Walker and reopening investigation

Mayor says they were “get-togethers, not meetings”

“This is betrayal to the community and to the people they work with on the council,” Councilman Mike Barbanica

“What I’m not going to do is get caught up in Barbanica’s nonsense,” – Mayor Lamar Hernandez-Thorpe

By Allen D. Payton

The Contra Costa County Civil Grand Jury publicly released, on Tuesday, July 2, 2024, a report entitled, “Challenges Facing the City of Antioch.” It was sent with a cover letter to the council members on June 14 and includes three areas of concern including turnover in city leadership, city employee vacancies and “possible Brown Act (state open meeting law) violations by the Mayor and certain City Council members, as outlined in a letter to Antioch’s Acting City Manager from the Contra Costa District Attorney.”

While Mayor Lamar Hernandez-Thorpe denies the gatherings at his home attended by current Mayor Pro Tem Monica Wilson and District 1 Councilwoman Tamisha Torres-Walker were meetings at which city business was discussed, his former love interest, Lacy Ferguson, said she offered testimony to the DA’s Office and Grand Jury that the three did discuss redistricting of council districts.

The report also includes five recommendations, two with deadlines by Jan. 1, 2025. The cover letter signed by Grand Jury Foreperson Joanne Sarmento, copied to Acting City Manager Kwame Reed, requires a written response from the city council by Sept. 13, 2024.

The report reads, “Antioch is a dynamic and diverse city that faces a number of challenges. Among these challenges are:

1. Turnover in city leadership (six permanent or acting City Managers since 2013) which has resulted in an average tenure for Antioch City Managers that is less than half the state average (less than two years vs. 4.5-year average).

2. A city employee vacancy rate that is 4-times the national average (21.6% vs. 5.3%).

3. Possible Brown Act violations by the Mayor and certain City Council members, as outlined in a letter to Antioch’s Acting City Manager from the Contra Costa District Attorney (see Appendix A).”

Of the recommendations for the city council to follow, two are to be implemented immediately, one six months after the new city manager is hired, and two by next January 1st. The second recommendation is a reminder that city regulations preclude the mayor and council members “from having any direct authority to direct, supervise, hire or fire any city employee, other than the City Manager and City Attorney.”

Herald Publisher Participated in Grand Jury‘s Local Media Panel Discussion

For full disclosure, this reporter was one of three members of the media invited to meet with the Civil Grand Jury in June 2023, including Dan Borenstein of the East Bay Times and Tamara Steiner, publisher of the Concord/Clayton Pioneer. Issues regarding the hiring of the Antioch city manager and other matters were discussed and answers provided to questions from the jurors. However, it is unknown if anything discussed that day was used as a basis for the Grand Jury’s investigation or findings.

UPDATE: Asked if any of the input provided during the meeting with the local media panel was part of the basis for the Grand Jury’s investigation and report, new Foreperson Peter Appert responded, “As the deliberations and work of the Grand Jury are conducted in secret, we are unable to respond to your question. But thank you for your participation in Jury orientation last year.”

Letter from District Attorney, Deputy DA for Public Corruption Re: Private Meetings

That letter to Kwame Reed, sent on Jan. 3, 2024 (but incorrectly dated Jan. 3, 2023) and copied to City Attorney Thomas L. Smith and the Grand Jury was entitled, “RE: Alleged violations of the Brown Act by Antioch City Council members.”

DA Becton and Deputy District Attorney Steven Bolen, who was then in charge of public corruption, wrote, “The Contra Costa County District Attorney’s Office was contacted earlier this year regarding alleged violations of the Brown Act by Antioch Mayor Thorpe, Antioch Councilmember Torres-Walker and Antioch Councilmember Wilson. Specifically, we were told that those three council members met in private to discuss matters within the council’s jurisdiction regarding the Public Works Department and the hiring of the City Engineer. Our investigation also led to an allegation that those three city officials met in private to discuss the redistricting of the city’s electoral map. The District Attorney’s Office reviewed these allegations and the applicable law and then interviewed potential witnesses to determine whether any Brown Act violations occurred.”

“The Brown Act… prohibits a majority of the members of a legislative body to develop a collective concurrence as to action to be taken on any item within the subject matter jurisdiction of the legislative body unless such a meeting is open and public,” the letter continued. “…there is evidence that Mayor Thorpe and Councilmembers Torres-Walker and Wilson met at Mayor Thorpe’s home in 2022 and held discussions” and “Our investigation leads us to believe that Mayor Thorpe and Councilmembers Torres-Walker and Wilson did meet and may have developed a collective occurrence absent a public forum.”

The letter explained why there would be no action taken against the three councilmembers. It reads, “the District Attorney’s Office has serious concerns that non-compliance with the Brown Act may have occurred, however, there is insufficient evidence to prove beyond a reasonable doubt intentional violations of the statute at this time.”

Instead, Becton and Bolen decided to inform Reed, “in order for you to impress upon the council the importance of the Brown Act and the requirements of the statute. Any similar meeting on matters concerning the city could subject council members to criminal liability.”

“As the Brown Act makes clear, the deliberations and actions of our governmental representatives must occur openly and be subject to public scrutiny,” the letter concludes.

They also said they sent the “letter to the Contra Costa County Grand Jury to provide that body the opportunity to take any action it may deem appropriate.” (See CCDA letter re Antioch City Council)

The Grand Jury responded five months later with their report.

Hernandez-Thorpe Admits Private Meetings With Two Councilwomen, Torres-Walker Doesn’t Deny It

In a March 28, 2024 article by The Mercury News/East Bay Times, Hernandez-Thorpe admitted to meeting privately with Wilson and Torres-Walker. The report reads, “As to whether or not he met with Torres-Walker and Wilson, Hernandez-Thorpe said that he had but not for a nefarious purpose.”

“’We coordinate campaigns and whatnot, because we’re Democrats. We’re together all the time,’ Hernandez-Thorpe said. He later added, ‘I think if they can demonstrate that we violated the Brown Act, we’re more than happy to take corrective action.’”

Torres-Walker didn’t deny the private meetings and saying, “that she had no problem with whoever tipped off the DA using the proper channels to voice their concerns,” the article further reported.

Grand Jury Report

The report shared multiple statistics supporting the concerns outlined and offered an explanation for issuing it.

“We concluded that the police force was receiving adequate attention from other investigative bodies…However, the Grand Jury learned that the issues surrounding the police force are related to other issues of oversight and management within city government. In particular, we noted the average tenure for Antioch City Managers has been less than half the California state average over the last decade (average City Manager tenure of less than 2 years in Antioch vs. 4.5 years for the state).”

Methodology

The report shares the steps taken by the Grand Jury to obtain their information:

• We interviewed government officials in Antioch and experts in city government practices
• and regulation.
• We reviewed press reports and other documents related to Antioch’s city government
• operations and performance.
• We reviewed recordings and transcripts of city council meetings.
• We reviewed city budgets for the past 20 years.
• We also reviewed documents related to city government best practices.

Discussion Points

The report then offered three main discussion points and 15 specific findings about the City of Antioch and its governance providing details for each. The discussion points matched the three challenges outlined in the report:

• Excessive City Manager Turnover is a Negative for Antioch;
• High Employee Vacancy Rates Negatively Impact City Services; and
• Brown Act Compliance

Findings

The report summarizes the findings by the Grand Jury investigation, as follows:

F1. Antioch’s City Manager has broad responsibility to ensure the efficient operation of the city, including supervision of an approximately $100 million general fund budget and an authorized staff of over 400 employees.

F2. The city began the process of recruiting a new permanent City Manager in January 2024. As of June 10, 2024, no hiring decision has been announced.

F3. As outlined in both the City Manager job description and in city recruitment materials, the City Manager position requires a qualified and experienced individual.

F4. There has been a lack of continuity in City Managers in Antioch, with six City Managers or Acting City Managers since December 2013.

F5. Under city ordinances the City Council, including the Mayor, has no direct authority to direct, supervise, hire, or fire any city employees, other than the City Manager and City Attorney (Ordinance 246-A).

F6. The Mayor and City Council members have on occasion overstepped their authority in seeking to make personnel decisions, including terminating the then Public Works Director in December 2022, in ways not permitted by city ordinance (Antioch City Code § 2-2.06 and § 2-2.10).

F7. The Mayor and City Council members have on occasion sought to conduct meetings with City Staff without the approval or involvement of the City Manager, as required by city ordinance (Antioch City Code § 2-2.10).

F8. Antioch’s city government had a 21.6% employee vacancy rate as of February 2024, roughly four-times the national average for government agencies.

F9. In the absence of a permanent City Manager since March 2023, the city has deferred hiring new department heads when openings occur.

F10. The Police, Public Works and Community Development departments currently are without permanent department heads.

F11. Seven of the eleven most senior positions in Antioch city government are currently held by acting or part-time personnel, including City Manager, Assistant City Manager, Directors of Community Development, Police Services, and Public Works (all acting) and the Directors of Economic Development and Recreation (both part-time).

F12. The employee vacancy rate is above the city-wide average in the Public Works Department (26% vacancy rate) and Community Development Department (35% vacancy rate), both of which currently do not have permanent directors.

F13. Recruitment and retention of staff has been impacted by the absence of a permanent City Manager and the lack of permanent department heads in multiple city departments.

F14. The Contra Costa County District Attorney’s Office conducted an investigation into alleged Brown Act violations by Mayor Lamar Hernandez-Thorpe and Council Members Tamisha Torres-Walker and Monica Wilson, which was forwarded to the Grand Jury.

F15. The District Attorney’s Office noted serious concerns that noncompliance with the Brown Act may have occurred, however, there was insufficient evidence to prove beyond a reasonable doubt intentional violations of the statute occurred.

Grand Jury Recommendations

In the report, the Grand Jury also issued five recommendations, as follows:

R1. “The Mayor and City Council should follow through on the ongoing process of hiring an experienced and qualified City Manager.

R2. The Mayor and City Council should abide by city regulations (Antioch City Code § 2-2.06 and § 2-2.10) that preclude the Mayor and City Council from having any direct authority to direct, supervise, hire or fire any city employee, other than the City Manager and City Attorney.

R3. The new City Manager should, within 6 months of their appointment to the position of City Manager, recruit and appoint permanent department heads to fill current department head vacancies.

R4. By 1/1/2025 the City Council should direct the City Manager to undertake a study to determine the factors leading to the city’s high employee turnover and vacancy rates.

R5. By 1/1/2025 the Mayor and City Council should consider directing the City Manager and

City Attorney to organize an annual training session focused on Brown Act requirements and compliance for the Mayor, City Council members, relevant city employees and members of city boards and commissions.

Written Response Required by Sept. 13, Six Months to Implement Recommendations

The report asks for a written response from the city council by Sept. 13, 2024, required by state law, providing whether the council agrees, disagrees or partially disagrees with each of the findings and include explanations for each one with which they either disagree or partially disagree. It also requires the council members outline how they are going to implement the recommendations or if they cannot, why not. The council has six months to implement the recommendations.

See Grand Jury Foreperson’s Cover Letter to Report

See Grand Jury Report 2405 Challenges Facing The City of Antioch

Only Hernandez-Thorpe, Barbanica Respond to Questions for Councilmembers

Questions were sent Tuesday evening to all five council members asking for their comments about the three matters and the direction given by the Grand Jury. They were also asked, besides the search for a new city manager, what is being done to fill the staff vacancies and stem the tide of City employees leaving. The council members were also asked where they are in the process of hiring a permanent city manager, if they have interviewed any candidates, yet, how many, and if they have set a date for the process to be completed.

Hernandez-Thorpe, Wilson and Torres-Walker were specifically asked why they held meetings together outside of either closed session or regular city council meetings, how many private meetings were held at which the three were present, and if any city business was ever discussed.

They were also asked if the discussions involved the hiring of former City Manager Cornelius “Con” Johnson, restructuring the Public Works Department, hiring a city engineer and/or redistricting the city’s electoral map, as is included in the report, and if not, what was discussed during the meetings.

Finally, all five were asked what their response will be to the Grand Jury as requested.

Mayor Has Campaign Spokesman, Former City PIO Respond with Statement

Hernandez-Thorpe responded Tuesday night writing simply, “Rolando will respond on my behalf. Thanks! -LH.” The mayor was referring to Rolando Bonilla, his re-election campaign’s “Communications Director”, and the City’s previous public information officer whose contract was terminated last year. That occurred following the controversy over a press release with words attributed to then-Police Chief Steve Ford critical of the Antioch Police Officers Association, which Ford denied saying. Bonilla said he was later offered the job back by Acting City Manager Forrest Ebbs who was appointed after City Manager Con Johnson was placed on paid leave, and provided a copy of an email between Bonilla and Ebbs as proof. (See related articles here, here and here)

Bonilla wrote, “The Mayor isn’t going to waste his time responding to conspiracy theories, as he is focused on reforming a city government that was so unaccountable that it allowed its police department to publicly embrace a culture of hate and racism that would still be in place today were in [sic] not for the FBI intervening. 

As far as the Brown Act, If the civil grand jury believed that the Mayor did something wrong then they should have had the guts to have detailed the allegations with facts. Instead, they hid behind a letter that had zero evidence of wrong but hid behind the word ‘possible’. Weak.”

Hernandez-Thorpe was reminded the Grand Jury is requiring a response from the city council by Sept. 13 and it was pointed out to him that Bonilla’s response did not answer the questions sent to the mayor and councilmembers. The questions were sent again to Hernandez-Thorpe.

Bonilla responded with the same statement. After pressing the mayor again for answers to the questions about the other issues and recommendations from the Grand Jury, Hernandez-Thorpe’s campaign spokesman wrote, “You got your answers. Run it if you want, or don’t. That’s all you are getting.”

Barbanica Posts Video Calling for Resignation of Mayor, Councilwomen, Further Investigation

About an hour after the questions were emailed by the Herald, District 2 Councilman Mike Barbanica posted a video on his YouTube channel and his county Supervisor’s campaign Facebook page Tuesday evening in which he called for the resignation of his three council colleagues.

“Last year the DA’s Office got a report from somebody that said that these Brown Act violations were occurring,” the retired police sergeant stated. “A criminal investigation was conducted at that time.”

“They in turn forwarded that off to the Contra Costa County Civil Grand Jury who launched an investigation,” he continued. “When they do those investigations, they’re done in secrecy.”

“Yes, they believe Brown Act violations possibly occurred, here, in secret meetings that were conducted at Mayor Thorpe’s house with all three of those members outside of the view of the public, with no other council members there and the public not having the ability to attend the meeting and it wasn’t properly noticed,” Barbanica shared. “That is a secret meeting where people collude, essentially is what the Brown Act is designed to guard against, issues of concern.” He then mentioned the matters believed to be discussed outlined in the DA’s letter.

“They can’t prove the content of the meeting,” he continued about the DA’s Office and Grand Jury’s findings. “Often what that’s from is people not talking about what occurred.”

“I’m urging…the two council members and mayor to step down,” the councilman stated. “Do the right thing.” This is not the way cities are supposed to operate. This is supposed to be open to the public, fair, transparent. This is not transparency.”

Barbanica also urged “DA Becton to reopen a criminal investigation and investigate this to the fullest extent of the law. I realize there are prior relationships there. If, in fact, you don’t feel comfortable doing that, please refer it over to the state Attorney General and have it investigated, there.”

“This has got to stop,” he exclaimed. “Many of us have felt that this has been occurring for some time. But now we have the DA’s Office saying, ‘hey, we think it might be, as well’ and we have the Civil Grand Jury saying, ‘we, too, think it might be, as well.’”

“I urge them to probe further into this and find out if criminal acts did in fact happen and if they did, prosecute them,” Barbanica stated. He then reiterated his call for “all the members, just do the right thing and step down.”

“We all know we can’t violate the Brown Act and I’m calling on the county Board of Supervisors to back me publicly, in this request, not only to the DA’s Office but to the members on the Antioch City Council, as well,” he concluded.

The mayor and councilwomen were then asked for their responses to Barbanica’s video.

Hernandez-Thorpe Says They Weren’t Meetings, Won’t Respond to Barbanica

But when reached for comment, later, the mayor said, “What I’m not going to do is get caught up in Barbanica’s nonsense.”

He then responded to the allegations of Brown Act violations saying, “We’ve had get-togethers at my house but not meetings. My house has always been the gathering place. The law is very clear and what you can’t do is have a discussion where you’ve had a predetermination where the public can’t participate. That didn’t happen.

“I appreciate the Grand Jury took a long view in terms of staffing issues. But the issue, for example in the Maintenance Department is compaction,” Hernandez-Thorpe stated. “There’s not enough pay differential between leadership and subordinates. But I can tell you we are dealing with it.”

Regarding low staffing levels in the police department, he said, “I’m sorry but they caused this problem internally,” referring to the  FBI and DA investigations including for the racist text scandal.

About the report, Hernandez-Thorpe said, “We’ve had it for a couple weeks. The Grand Jury calls you in for the findings and they did that with Barbanica and me.”

The council is already addressing the first of the recommendations. Asked about hiring a new, permanent city manager the mayor said, “We’re close to the end. I can tell you that. We’ll probably have this wrapped in a month or month-and-a-half. What I will be doing is visiting the candidate and other council members are welcome to do it as well to spend some time with the candidate to see if it feels right.

Regarding the other recommendations and the required response letter Hernandez-Thorpe said, “We’ve never done it before. We’ll figure it out. It can be helpful. We’ve changed the Animal Shelter based on the Grand Jury’s recommendations.”

“There are times we have clearly violated the Brown Act,” he continued. “The CDBG Committee was meeting without notices. So, when I became mayor, I fixed that. When we put (former City Manager) Con (Johnson) on paid leave, Barbanica, Monica and Lori violated the law. I went on camera and said we messed up.”

“If we did something wrong we’re more than happy to correct it,” the mayor added.

“We’re all Democrats and tend to lean progressive. We don’t have to have secret meetings. We just tend to agree,” he explained.

Hernandez-Thorpe then shared statistics of the council’s votes as an argument about not just he and the two council members agreeing most of the time. He said, “Of 525 votes in 2021, 17 were 3-2 votes.”

The information is based on research by the Municipal Fellow working in City Hall funded by the Urban League, the mayor shared. Hernandez-Thorpe said he told him to look at voting trends. “In terms of split votes, we’ve had 4-1 votes 16 times and 4-0-1 votes when someone abstained, were 48 times. He looked at all of the votes.”

Former City Manager Con Johnson Denies Attending Gatherings at Mayor’s Home, Blames City Attorney

When asked if he had been in attendance at any of the gatherings where the mayor and two council members allegedly discussed city business, former City Manager Cornelius “Con” Johnson said, “No. I was not involved in any of those shenanigans. I was not part of any hiring process. I was not involved in either of those things. I was not at Lamar’s house when it came to my hiring or to the redistricting.”

“I do know the council was aware of it on other issues,” he continued. “I did send notices about violations to (City Attorney) Thomas Smith.”

“I think the city council started on a slippery slope. They were disclosing information to the press that was unlawful,” Johnson stated. “I do know that I did bring possible Brown Act violations. I blame Thomas because he failed to keep the council safe. It’s the city attorney who is to make sure the city council doesn’t cross that line. I can only speak to what I brought to Thomas, the city attorney of the Brown Act violations.”

Barbanica Says Witness Approached Him Before Going to DA

When reached later for answers to the questions emailed to him specifically about the issues of city staff leadership turnover and vacancies, Barbanica stated, “We’re in a sad state of affairs right now because a lot of the employees who have come into the city have seen what’s going on from the Grand Jury and DA’s office, and when they see opportunities in other cities, they take them.”

“We either need a full commitment from the council to do things the right way or we need a new council,” he said.

He was then asked why he’s calling for their resignations, now knowing he has more than five months remaining in his term, as Barbanica is running for county supervisor not re-election, and will have to continue to work with the mayor and two councilwomen. The councilman said, “This is a much bigger picture and nobody should stand silent just to get a third vote when we have serious violations that are occurring at the expense of the city. If that means I don’t have a third vote for calling this out for what it is, then so be it.”

Asked about the response letter required by the Grand Jury, Barbanica doubled down on his call for reopening the investigation.

“I will be responding individually to the Grand Jury and my recommendation in my response is to stand with me to pressure the DA’s office or the Attorney General’s office to reopen the investigation,” he stated.

“This is betrayal to the community and to the people they work with on the council,” the District 3 councilman exclaimed. “This is totally contrary to the way the council is supposed to operate. To look at us on the council and members of the community in the eye, knowing all along that this is a predetermined vote, that is betrayal to the community.”

“I will tell you the person who shared this information that led to the investigation came to me with it,” Barbanica offered. “By the time it got to the Grand Jury they were talking to multiple people. I sat with that person and talked with them and learned of the information at one point.”

“But I have assured that person I will not be the one to reveal their identity to the public,” the councilman added.

Mayor’s Former Love Interest Told DA, Grand Jury 3 Councilmembers Discussed Redistricting in Private

Both Antioch City Clerk Ellie Householder and Lacey Ferguson, Hernandez-Thorpe’s former friends had a falling out with him following, had a falling out with him following settlement by the Board of Supervisors of the sexual harassment claims against him in 2022. The women were each provided with the DA’s Office letter, cover letter from the Grand Jury foreperson and the report and asked if they were in attendance at any of the same gatherings at the mayor’s home, as he and the two council members. They were also asked, if so, do they remember what was discussed by the three council members, if they spoke with anyone in the Contra Costa DA’s Office or the Grand Jury, and for any other information they’d like to provide.

Ferguson responded, “I was a cooperating witness in the investigation, and you can reach out to the DA for any info you need regarding that. I live in another state.”

“I believe my recorded interview is the only evidence used in front of the Grand Jury to confirm discussions regarding redistricting, as I didn’t feel it was right to do to Lori.” She was referring to the gerrymandering by the three council members that created a new Council District 3 and 4, moving Ogorchock into Wilson’s neighboring district. It prevents Ogorchock from running for re-election this year. (See related article)

First Amendment Coalition CEO Says Private Discussions Violate the Law

After reading the letter from the DA’s Office, the cover letter from the Grand Jury foreperson and the report, David Snyder, CEO of the First Amendment Coalition, a government watchdog organization responded, “I’d say that while neither the DA’s letter nor the grand jury report definitely conclude that members of the city council violated the Brown Act, it appears there was substantial evidence that was that case. That’s very troubling. Public officials meeting in private to discuss such consequential matters as the redistricting of the city’s electoral map is a breach of the public trust, not to mention a violation of state law.”

Attempts to reach Householder and additional efforts to reach Wilson, Torres-Walker and Ogorchock were unsuccessful prior to publication time. Please check back later for any updates to this report.

For more information read the complete Brown Act state open meeting law.