Without city attorney’s knowledge violating ordinance; helped mayor with performance evaluations of city attorney, possibly manager; on Tuesday’s council meeting agenda

By Allen D. Payton

On October 13, 2022, Antioch City Manager Con Johnson engaged the services of an outside law firm regarding internal investigation procedures, less than two weeks before the council on a 3-2 vote hired him as the permanent city manager on Oct. 25.  Then, on Nov. 4th, the embattled Johnson, who was placed on paid administrative leave on March 17, 2023, signed a “procedurally invalid” contract with the firm.

According to the city staff report for Item O. on tomorrow (Tuesday) night’s council meeting Consent Calendar agenda, the contract is “with Attorney Greg Rolen of Haight Brown & Bonesteel LLP (‘Haight’) to provide legal services to the City concerning its internal investigation procedures…without the knowledge…and was not approved by the City Attorney as required by Antioch Resolution Number 2021/26. Therefore, the agreement is procedurally invalid. Since that time, Haight has billed the City $38,744.52 for legal services purportedly pursuant to the Agreement.”

However, the staff report only includes the latest invoice, dated March 13, 2023 for just $1,405.57, but not the first two invoices dated Jan. 12 for $30,107.20 and Feb. 21 for $7,231.75.

The staff report further reads, “The City cannot lawfully provide Haight with any compensation pursuant to a procedurally invalid contract. However, any failure to pay Haight for services rendered to the City could result in a claim for payment by Haight, further litigation expenses to the City, and potentially legal liability to the City. Therefore, in order to avoid the risk of a legal claim by Haight – and corresponding litigation costs and potential liability – the City may lawfully provide Haight with payment for its legal services to the City pursuant to the Agreement, provided such payments are duly ratified by the City Council. If the City ratifies this payment, the City should also declare that no further work shall be undertaken under the invalid Agreement.”

Meetings With Outside Attorney, Mayor, Council

The latest invoice, third of three, shows work by attorney Greg Rolen with Mayor Lamar Thorpe on Feb. 2 and listed as “Teleconference with mayor regarding representation city manager” which lasted for 30 minutes. It also shows Rolen billed for “Attend, virtual closed session” on Feb. 14 for 50 minutes. That meeting which was listed on the council’s agenda as a performance evaluation of the city attorney. The next day, Rolen held a “Teleconference with mayor regarding Council meeting” for 60 minutes. Finally, on Feb. 21, the attorney composed an email to Antioch City Attorney Thomas L. Smith.

Questions for City Attorney, Others

City Attorney Thomas L. Smith, Acting City Manager Forrest Ebbs and Finance Director Dawn Merchant were asked Monday afternoon for copies of the first two invoices and a few questions about the matter.

They were asked, “since the contract signed by City Manager Johnson was procedurally invalid, why should the taxpayers pay for the bill and it not be charged to Mr. Johnson and anyone else who spoke with the firm’s attorney(s), including Mayor Thorpe, whose name is listed on the latest bill for the ‘Teleconference with mayor regarding Council meeting’ on Feb. 2 and again on Feb. 15, plus the firm’s time on Feb. 14 to ‘Attend, virtual closed session’? Why would the mayor and/or city council need advice from outside legal counsel for the city attorney’s performance evaluation which was on the Closed Session agenda for the Feb. 14th meeting?”

Merchant responded, “I do not have the copies of the invoices since they have not been paid.”

She was pressed further, following business hours on Monday, pointing out the latest invoice was addressed to her and asking who has the previous two invoices.

Questions for Thorpe, Councilmembers

Thorpe and the other council members were sent the following questions Monday afternoon:

Regarding Item O on tomorrow night’s Consent Calendar agenda, the legal bills for an invalid contract, why did you need advice from outside legal counsel for the city attorney’s performance evaluation which was on the Closed Session agenda for the meetings on Oct. 11 and 25, and Nov. 22, 2022 and Jan. 10, Jan. 24, and Feb. 14, 2023?

Also, why was the ‘Teleconference with mayor regarding representation city manager’ on Feb. 2 necessary? Was that for the city manager’s performance evaluation or the fact Con had hired the law firm through a ‘procedurally invalid’ contract? If so, why couldn’t you have just sought advice from Thomas? Were there any other such teleconferences between the mayor and the outside attorney(s) regarding the city manager, his performance evaluation also previously scheduled for Nov. 11, 2022, Jan. 10th and 24th, or anything else? If so, what else was discussed?

Is this a new practice in helping prepare you and follow up with the preparation of the city attorney’s and/or city manager’s annual performance review? Has this been done by the mayor or council in previous years?

Did you know Con was going to hire the firm on Oct. 13th, less than two weeks before he was hired as the permanent city manager? Did you direct him to do so, or did he suggest hiring the law firm and you approved it? 

Since the first two bills and their details were not included with the staff report on the item, what else did the firms’ attorneys discuss with either any of you, Con or anyone else on city staff and in what other closed sessions did they participate?

Also, was the fact that Con’s contract with the law firm was ‘procedurally invalid’ one of the reasons you placed him on paid administrative leave?

Finally, since you can’t legally pay the bill, why should the taxpayers foot the bill for Johnson’s mistake (and possibly yours, if you approved the law firm’s hiring) and he not be required to pay the almost $39,000 out of his salary which is about equal to two months, which would be fair since he’s currently being paid to do nothing?”

“Not to my knowledge,” District 2 Councilman Mike Barbanica said in response to only the question if the council had ever used an outside law firm to assist in the evaluations of either the city manager or attorney. He said other questions might be related to closed session matters which he can’t discuss. Barbanica was the only council member to respond prior to publication time.

Any discussion by the council and direction to Johnson to hire an outside law firm, it if occurred, was never reported out of Closed Session by either the mayor or city attorney.

Former Mayor Freitas Says Consulting Outside Law Firm for Performance Evaluations “Strange”

Asked if he had ever hired an outside law firm to help him and the city council evaluate either the city attorney or city manager, former Antioch Mayor Don Freitas said, “It never happened. The city attorney is an at-will employee and can be terminated by the city council. If the council loses faith in either the city attorney or city manager, or they no longer trust them, they can terminate their contracts.”

“Why you would need to hire an outside counsel to tell you how to evaluate your in-house counsel. It’s strange,” he added. “As mayor, I would never have permitted, unless the council had appointed me to speak on their behalf to speak with an outside attorney. All council members should have been able to speak with the attorney.”

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

By Allen D. Payton

The track at Antioch High School is now named after former coach Mike Hurd, who was honored during a dedication ceremony at the school on March 29, 2023. The 1964 Antioch High grad was the Panthers’ cross country and track coach from 1970-79 leading his teams to multiple league and North Coast championships.

“I found out, it was before COVID and I only found out because my wife went to a school board meeting…to present what they were going to do,” Hurd said. “It’s terrific. It’s very humbling. The thought that there were people that thought highly enough to do this. I feel really blessed.”

“I stand here because I’ve got God at my back and this wonderful woman by my side,” Hurd said during the ceremony, getting choked up while speaking of his wife, Lisa. “Thank you to Gary, Tom, Louie, Trine, John, the full committee that worked on this. It’s not something that I would have ever campaign for. But I’m so blessed to have friends who thought it was important to do.”

During the ceremony, Gary Bras of the Antioch Sports Hall of Fame and a member of the track and field team when he was in high school said, “When he was done with us, we were men and women and little did we know the lessons that he taught us would take us through the rest of our lives.”

Former Antioch High Principal Louie Rocha also spoke at the ceremony, “We’re so thankful and appreciative, Coach Hurd, for not only for what you did in high school, but how that carried on to the years beyond our high school experience. Many of us thank you for instilling upon us the skills, the self-confidence, and the belief about setting goals and reaching and striving for those to be attained.”

A post on the Antioch High School Facebook page reads, “Legendary coach Mike Hurd, a 1964 Antioch High graduate, returned to Panther Country after college and took the school’s track program to an unprecedented level.

On Thursday, March 29, 2023, he was honored for his more than 10 years of leading and inspiring hundreds of student athletes during the dedication of the Mike Hurd Track.

At the ceremony attended by family, friends and many of his former students, Coach Hurd recounted several stories from the glory days of the 1970s, which included an impressive 16 league championships and three North Coast Section Divisional titles.

He is the winningest coach in the history of Antioch High School’s track and field and cross country. Hurd is also an inductee in the Antioch Sports Legends Hall of Fame.

Congrats to Coach Hurd!”

“It’s never been about me it’s always been about the athletes and my coaches. I got plenty of recognition as a head coach,” Hurd said later during an interview with The Press. “It was more shocking than anything else. My feelings are somewhat between embarrassment and humble. I think what it does is it reinforces that you made an impact in their life and that was the most important thing. To be able to teach them some life lessons through athletics and be able to take those life lessons forward to teach to their children and the people that followed. That was the key thing.”

The Antioch Chamber of Commerce shared the following about the 2022 Citizens of the Year for Lifetime Achievement, Mary and Bob Franchetto, who were honored at the annual Gala on Friday night, March 24, 2023.

“Standing beside every active community-involved person is a loving spouse. Mary and Bob Franchetto are a beautiful example of this. Residents of Antioch for years, Cottage Florist was purchased by Bob’s parents in 1947 and Bob and Mary took it over in 1965.  Third generation Paula Franchetto-Trotta now owns and operates the business under their new name Paula’s Family Florist. Paula stated that Bob’s record of volunteering over the years is unbelievable.

We honor them for being such an important part of the Antioch community. If you are lucky, the next time you call to order flowers, you might hear the beautiful voice of Mary Franchetto picking up the phone and asking how she may help you or bump into Bob Franchetto at a meeting of one of Antioch’s important service clubs!

This is our night to express our love and appreciation to you and your family for all your hard work, talent and kindness over the years.”

“Not too long ago, these two individuals financially saved the Antioch Chamber of Commerce,” said Chamber Executive Director Daniel Sohn.

Bob said, “I got Citizen of the Year in 1974. I’ll tell you this is a topper.”

The pair met in 1961.

“We’ve been active in over 13 organizations. We’ve tried to help promote the city through the Antioch Chamber of Commerce,” he stated.

“She’s done more to this city that people really don’t understand,” Bob said about Mary. “We came into Antioch together and the Chamber was having difficulty.”

He obtained a $25,000 loan from a local bank until the City could come through with the funds a few months later. They paid for the meals for the dogs to start the police K-9 program.

Bob introduced his family members including all their grandchildren who were in attendance at the Gala.

Mary said, “I’d like to thank everyone for being here tonight to help us celebrate this award.  It is really an honor and we really, really appreciate it.”

Allen D. Payton contributed to this report which first appeared in the April/May issue of our print edition.

Antioch Chamber of Commerce Executive Director Daniel Sohn read the following about 2022 Citizen of the Year Most Impact, Martha Goralka during the annual Gala Friday, March 24, 2023.

“When you need help or assistance, we are always told to look for someone who is ‘busy’.  Over the years, Martha Goralka is not only someone who is ‘busy’, but she knows how to get it done and does it correctly.

She is a 50 plus year member of the League of Women Voters.  She has served as a past president, past co-president and for the past six years has served as the Voter Service Co-Chair in charge of candidate forums and Roundtables, as well as a variety of duties.

As a 34-year member of the Rotary Club of the Delta/Antioch, she was Charter president in 1989 and carries a perfect attendance record.

She participated in building casitas in San Luis Rio Colorado, delivered wheelchairs in Mexico City and Monterey, Mexico.  Worked the ‘Polio Plus Vaccination Day’ for children in India as well as visiting Rotary projects in Uganda and Zambia, Africa.  She has participated in ‘Home Team’ projects doing minor repairs for seniors, Meals on Wheels deliveries, Bedford Center pandemic deliveries and much more.

Other areas she has tirelessly worked in:  Chapter QS of the P.E.O. Sisterhood raising money for women’s scholarships, grants, loans and a woman’s college, the Antioch Chamber of Commerce both as an employee and a volunteer, Delta Learning Center, Antioch Schools Education Foundation, Arts & Cultural Foundation of Antioch, the PTA, the Bond Oversight Committee and the list goes on and on.

At this Gala, we celebrate you tonight, Martha. Thank you for all you have achieved over the years.”

“Others I’ve worked with seem to believe ‘Martha really doesn’t do anything she just shows up.’ I’ve come to think of myself as a catalyst that everything else happens around,” Goralka said. “In Antioch people donate their time, their treasure and their talent.”

She said when she first started at the Antioch Ledger newspaper, she met “Leo Fontana who has been an inspiration.”

“Antioch is a big, small town. Everybody seems to know everybody else,” Goralka continued.

She said she met her husband, Joe through their participation in Rotary.

“My whole family has been behind me, and I so appreciate it,” said Goralka.

She volunteers most of her time at the Delta Learning Center she shared.

“There are so many of you that I know and wanted to mention,” Goralka added.

Allen D. Payton contributed to this report which first appeared in the April/May print edition.

Our first Open House in 2020 was postponed due to the pandemic but now we are back in-person! Please join us in celebration of our Antioch support center:

• Meet our new Board President Donald Duggan

• Hear from cancer patients and caregivers who have benefited from our programs

• Meet staff, board members, and community members

• Enjoy healthy appetizers and refreshments from Chef Chandra

• Door prizes

Thursday, April 27, drop by between 3-6 PM

3505 Lone Tree Way, Suite 3, Antioch, CA 94509

Please RSVP to Libby Eppinga at leppinga@cancersupport.net or 925.953.1216.

Listed by Realtor from Antioch

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Rancho Gaspareño is a 47-acre, beachfront development property north of Cabo San Lucas, Baja, Mexico that stands as a tribute to the grand Manila galleons that sailed between Acapulco and The Philippines for two centuries. From exotic spices to luxurious silks, these majestic ships brought an array of coveted treasures in their voyages from East to West – goods which now make up some of our oldest historical legacies!

The hills and rocks of Rancho Gaspareño have captivated the imaginations of treasure seekers since long ago. Where some hear tales, kids from neighboring schools embark on an annual classic adventure to explore its winding cave with a glimmering hope that pirate booty lies in wait for them! In 1974 construction workers stripped away even more mystery when they uncovered a trove believed to be filled with plunder – fueling further dreams and inspiring future expeditions hoping for similar rewards.

THE PROPERTY

Approximately forty-two acres of gentle sloping land on the Pacific Coast of Mexico between Todos Santos, (20 miles) and Cabo San Lucas, (21 miles) Baja California Sur. Approximately 414 meters (1,242 lineal feet) of rocky point and gentle beach comprise the water frontage. The federal four lane Highway 19, runs through the property creating three distinct development areas; a knoll above the rocky point for boutique hotel and restaurants; gentle sloping land from beach to highway ideal for shopping village or other commercial venture; and approximately twenty-four acres across the highway with sloping water and mountain views, ideal for residential or retirement village and small emergency clinic.

Since it is located between the two population centers of Todos Santos and Cabo San Lucas it is ideal for development as a destination resort. This property is perfect for major tourism development or a continuing care retirement community with lodging, commercial center and highway clinic. 

It is listed at $11.95M for the waterfront lot, $4.75M for the mountain side lot and $13.95M for both lots by former Antioch Real Estate Broker Cyndi Williams of Ronival Real Estate. She’s lived in Cabo San Lucas selling real estate for more than a decade and is a local expert.

BEACHFRONT PARCEL

The Ocean front lot is a magnificent property with over 17 acres of stunning land and 1000 feet of water frontage. Crowned by the awe-inspiring 100ft rock promontory that towers above the sea, this prime piece offers unparalleled views spanning many miles in either direction. It’s no wonder it would make an excellent setting for a hotel plus restaurants and other leisure facilities – all easily accessible via good highways alongside generous parking space!

MOUNTAIN SIDE PARCEL

The Mountainside lot boasts approximately 24 acres of land with breathtaking views overlooking the sea and a gentle slope that provides great panoramic vistas to both sides; this picturesque piece of property is ideal for developing a residential community.

Offering various amenities like community center for arts and music activities, multimedia room, fitness area swimming pools & dog park plus many more! Embrace an active lifestyle in harmony with nature at your new home by the seaside.

LEGENDS OF BURIED TREASURE AT RANCHO GASPAREÑO

Due to the large amount of pirate activity in the area of this prime oceanfront land in Baja Sur in the 16th and 17th century, it is a well-known legend that pirate treasure can be found buried in the cave below the promontory. Schools from as far away as La Paz schedule annual visits to explore the cave and Rancho Gaspareño. Punta El Gaspareño was named after a Spanish Galleon that went aground off of the point in foul weather.

But the treasure has yet to be discovered!

It is well documented history that notorious pirates roamed, sailed and plundered in the cape area of this prime oceanfront land in Baja Sur for almost 300 years. During these periods pirates were mainly of Dutch, Spanish, English, Chilean origin. In the periods from the mid 1500’s to the 1800’s over 250 Spanish Galleons loaded with their super cargos of various valuables from the Philippines (named Manila Galleons), passed through and stopped in the cape areas to prepare for their trips to Acapulco, the headquarters for new Spain and then on to Spain. Many tales of fighting and plundering are well documented in history. As recent as 1974 while building the road to Pichelinque, the out-of-town road to the ferry terminal near la Paz, a pirate chest of plundered loot was discovered by road workers.

Learn more at www.ranchogasparenobcs.com and at www.gringogazette.com/wp/2021/05/baja-californias-best-kept-secret/

The property is located at Km. 83.5 Carretera Federal – Todos Santos in Cabo San Lucas.

Interested parties please contact Cyndi Williams at cwilliams@ronival.com or +52 624-158-8650.

See property brochure.

“some of the text communications between a relatively small number of officers reflected attitudes or beliefs which are not shared by the vast majority of APOA members.” – Statement from RLS Principal Attorney Mike Rains

On Wednesday, April 19, 2023, Mike Rains, the attorney for the Antioch Police Officers’ Association, of the Rains Lucia Stern St. Phalle & Silver law firm, issued the following statement in response to the release of names of officers in the scandal involving racist and other offensive texts. (See related articles here and here)

“This Office serves as General Counsel to the Antioch Police Officers’ Association (APOA) and its individual members.  We represent many, but not all, of the officers whose names were released by a Superior Court Judge as having involvement in text messaging which she criticized and declared “unworthy of (legal) protection.” As we will discuss below, we have serious concerns about the manner in which both the names of the officers and two separate reports prepared by an Inspector in the Contra Costa County District Attorney’s Office came to be public records before the law in California, codified in Penal Code section 832.7, declared them to be subject to public disclosure.  We also have serious concerns as to whether the text messages themselves, which were originally obtained by authorities in connection with a criminal investigation of only a portion of the Officers who were named by the judge, and which do not constitute criminal conduct, formed the basis of an administrative investigation, in potential violation of California’s Electronic Communications and Privacy Act (Penal Code section 1546). 

We are hopeful that the investigation will be thorough and objective and will determine culpability where it is deserved. 

We understand the public scrutiny of police officers throughout the nation and acknowledge that revelations of text messaging such as that reported in this case can provoke emotional and even sometimes hateful responses. Nevertheless, police officers, even when accused of potential misconduct, should be afforded basic and fundamental rights of due process. We insist such rights be provided, even to persons who have committed the most grotesque and horrific crimes imaginable — why shouldn’t police also be afforded constitutional rights? Such rights ensure that investigators, prosecutors, and judges abide by existing laws before adjudicating anyone as “guilty,” and pronouncing judgment and sentence before a response from the “accused” is sought or considered. 

We also hope the investigation will not disparage each officer and seek to end their career as a law enforcement officer, simply because they became the uninvited recipient of texts sent by others or responded with sarcasm.

With those observations as a backdrop, we can say, on behalf of the entirety of the APOA membership, that some of the text communications between a relatively small number of officers reflected attitudes or beliefs which are not shared by the vast majority of APOA members.  Those officers, and many whose names were recited by the judge, have now suffered the injustice and indignity of condemnation simply because they work at the same agency as those whose communications were offensive.  Since our office represents thousands of police officers in the State of California, we understand the impact messaging of the type engaged in by a relatively small number of these officers can have on the public’s perceptions of law enforcement officers everywhere, even though we are reminded constantly by our clients everywhere that they do not support the rhetoric, and do not share the apparent mindset of those responsible for the rhetoric. 

We are aware that the police chief has retained an “outside” investigator to interview each and every officer whose name appeared in any of the text messages in question.  Those officers have been named as subjects, whether the officer was simply one of numerous recipients of a “group text” and did not respond, or whether the officer took an active role in the messaging.  We are hopeful that the investigation will be thorough and objective and will determine culpability where it is deserved. We also hope the investigation will not disparage each officer and seek to end their career as a law enforcement officer, simply because they became the uninvited recipient of texts sent by others or responded with sarcasm.