“We want citizens to use the forums and city council meetings during public comment” – Acting City Manager Forrest Ebbs. Says Circuit Court decision doesn’t apply

By Allen D. Payton

In response to comments from people outside the community following the recent racist text scandal involving several officers, the Antioch Police Department has shut off the ability for the public to post comments on their Facebook page as of today, Wednesday, May 3, 2023. In a comment below a post of a video of Corporal Price Kendall “showing off his dance moves at the Multi-Cultural Event hosted at Park Middle School”, the APD wrote, “Notice: The Antioch Police Department has been directed to disable public comments on Facebook social media posts. If you would like to provide your feedback, please contact us at (925) 779-6801 or email us at APDCommunityFeedback@antiochca.gov.”

Asked who gave the direction, APD PIO Ashley Crandell responded, “The City.” Pressed further asking if it was Acting City Manager Forrest Ebbs or City Attorney Thomas L. Smith, she did not respond.

When asked about it Ebbs responded, “Directed by me in collaboration with the Chief” Steve Ford.

Asked why and if it’s legal due to the 9th Circuit Court decision which held that official use of a social media platform created a public forum, and blocking members of the public violated the First Amendment (recognizing that case and a separate 6th Circuit Court case with the opposite decision being considered by the U.S. Supreme Court) Ebbs said, “The court case doesn’t apply. That was for being selective and it must be all or nothing. The reason for the decision is we’re really trying to encourage people to use the community forums to discuss policing. We want to have a civil conversation there. Facebook doesn’t give that ability. Some of the comments were disturbing and weren’t regarding the posts. We weren’t able to comment back and address things. So, we made the decision to not use Facebook as the community forum.”

There had been no posts on the page since April 25, including nothing about the eight shootings since last Thursday including the shooting death on Monday night. Information about that incident was shared via press release. (See related article)

However, Crandell said she would work with the department’s crime analyst to provide details on the other shootings.

Comments below a post on the APD Facebook page on April 24 included videos critical of Antioch Police Officer Tom Lenderman, shared by a man who lives in Santa Clarita, California and another by a man who lives in Huntsville, Alabama and another video shared by a third man who lives in Ovid, Michigan according to their own Facebook page profiles.

“We want citizens to use the forums and city council meetings during public comment. That Facebook page wasn’t set up as the forum for such an important issue as this one,” Ebbs added. “The forums are tailored to the local folks, here, in the community and Facebook allows anyone to comment.”

Note: Corporal Kendall’s impressive dance moves are worth the watch, here.

A 5.38% increase over current year

By Allen D. Payton

The Contra Costa County Board of Supervisors will discuss the $5.515 billion Fiscal Year 2023-2024 Recommended Budget at 9 a.m. on Monday, April 24.

New this year is an updated online version, which increases accessibility through easier navigation, interactive content, additional performance measures, and customizable PDF printing options. 

“This structurally balanced budget continues to reflect years of careful, comprehensive, and continuing review and refinement of our operations to cope with economic challenges.” said County Administrator Monica Nino. “At every opportunity, we continue to make changes to deliver services that residents need and expect from County government in ways that are more efficient and less costly.” 

According to Nino’s report to the Board, “It is anticipated this year will be one of status quo in the delivery of services besides those program enhancements that are in the startup phase from the benefit of the Board-allocated Measure X funds for specific purposes. The increase in salaries and benefits totals $126.3 million, largely due to the second year of a 5% cost of living increase for over 80% of the County workforce received as part of a four-year labor agreement.

The Recommended Budget includes funding for 11,127.6 full-time equivalent positions (FTE), of which 6,836.4 are in the General Fund. The recommendation includes 85.4 new (60.0 General Fund) positions to be added for the fiscal year 2023-2024 (FY23-24). To structurally balance the budget, a number of our General Fund departments continue to have vacancy factors built into their recommended budget allocations. A vacancy factor accounts for cost savings related to personnel vacancies occurring within departments during the fiscal year. During the development of the Recommended Budget, there were approximately 2,013 vacant FTE positions, totaling $305.0 million, of which 1,395 FTE totaling $204.9 million are General Fund supported. Due to difficulties in recruitments, retention, and normal turnover, the following nine departments are maintaining vacancy factors totaling $101.5 million: Health Services, Sheriff-Coroner, Employment and Human Services, District Attorney, County Clerk-Recorder, Probation, Public Defender, Animal Services, and Assessor. We have continued the process of eliminating vacant/unfunded positions with the goal of more easily identifying funded vacant positions requiring recruitment during the fiscal year.

General Purpose Revenue for FY23-24 totals $725.1 million, an increase of 9.3% over the prior year budget of $663.6 million. Of the major revenue sources, property taxes are the largest category and total $496.9 million, based on an assumed 4% growth over current year projected collections. The next largest sources are Measure X sales tax at $118.2 million, interest income at $30 million, and sales and use taxes at $22.2 million. Interest income is projected to be received close to double in FY22-23 of what is budgeted for FY23-24; this is as a result of increases in interest rates. This economic benefit is projected not to last and actual interest earnings will be monitored during the new fiscal year in the event an adjustment is necessary.

The following items are potential pressures to the recommended spending plan.

• Persistent high inflation and economic uncertainty;
• Unanticipated impacts from the Governor’s May Revised Budget proposal and shortfalls in Federal allocations;
• Decreasing County revenue growth;
• Disallowed FEMA reimbursement related to COVID-19;
• Labor contract negotiations for agreements expiring June 30, 2023; and
• Limited qualified workforce to fill job vacancies

The majority of the budget ($2.876 billion) is funded from State and Federal revenues. This means that for the majority of the programs funded, a program cut would also result in a loss of the revenue associated with the program. Salary and Benefit costs are broken out to show the growth, which consumes 37% of the County budget.”

Among the recommended budget highlights provided by Supervisor Diane Burgis’ office are:

• Adds 26 positions in the Employment and Human Services Department to improve children and family services; youth programming and workforce development; In-Home Supportive Services case management; senior nutrition programs; CalAIM implementation; diversity, equity, and inclusion; and associated programs. 
• Adds three full-time Animal Services Officers to increase beat coverage and improve response times to dangerous animal cases and an additional two full-time positions focused on transfer partner and adoption programs and lost and found programs.
• A $10 million allocation toward developing a new Bay Point Library branch. The branch is a new 10,000-20,000 square-foot space constructed in partnership with an affordable housing project. 
• $10 million in capital funding to provide a local match for grants that would allow the County to leverage state and federal funds for large infrastructure projects, such as roads and bridges, as part of the federal Infrastructure Investment and Jobs Act.

The Board discussion is tentatively scheduled to continue at 9 a.m. on Tuesday, April 25, if additional time is needed. The Board is scheduled to adopt the final budget on Tuesday, May 23.

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

By Allen D. Payton

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

Budget Workshop

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

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

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

Police Crime Prevention Commission to Be Reframed

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

Moves Forward With Directly Hiring Police Chief

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Offering grants from $500 to $10,000; Mandatory Virtual Bidder’s Conference May 2

The Office of Supervisor Federal Glover is pleased to announce that the 2022–23 grant cycle for the Keller Canyon Mitigation Fund is now open. Grant applications ranging from $500 to $10,000 will be accepted via the online application portal beginning May 2, 2023, following a mandatory bidder’s conference. The link for the application portal will be accessible and publicly announced on May 2.  Applications for services must fall within one of the broad categories previously approved by the Contra Costa County Board of Supervisors:

• Code Enforcement
• Community Beautification
• Community Services
• Public Safety (Including Public Health)
• Youth Services

Additionally, services funded by the Keller Canyon Mitigation Fund must be offered in the mitigation area, which includes the unincorporated community of Bay Point, the City of Pittsburg, and the City of Antioch. The target area is divided into a primary area (Bay Point and Pittsburg from its western border to Harbor Street) and a secondary area (Pittsburg from Harbor Street east to the entire City of Antioch). Services may also be provided to organizations outside the mitigation area only when the beneficiaries reside within the mitigation area.

To apply for Keller Canyon Mitigation grant funds, organizations must be designated either a 501(c)(3) or 501(c)(6) corporation under the Internal Revenue Code or be a public agency (city, special district, county department, etc.).

MANDATORY VIRTUAL BIDDER’S CONFERENCE—TUESDAY, MAY 2, 202

To be eligible to apply for Keller Canyon Mitigation funds, public agencies and eligible nonprofit organizations must have at least one representative attend and remain for its duration a mandatory virtual bidder’s conference on Tuesday, May 2 at 9:00 a.m. The bidder’s conference is expected to last for approximately 90 minutes and will include detailed presentations on the grant process as well as allow for questions and answers. To have a record of attendees, registration for the bidder’s conference is required.

CLICK HERE TO REGISTER FOR THE MANDATORY BIDDER’S CONFERENCE

Should you have any questions, please call the District 5 office at 925-608-4200 or send an email to district5@bos.cccounty.us.

By Allen D. Payton

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

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

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

Applications for three-year term due April 21

By Julie DiMaggio Enea, Contra Costa County Office of Communications & Media

The Contra Costa County Board of Supervisors is seeking individuals with a sound business background, experience in pension fund investment or administration, or in equity investments or banking to serve on the Contra Costa County Employees’ Retirement Association Board of Trustees.  To be considered, candidates must be County residents, must not be Retirement System members or retirees, and may not market any investment, consulting, or related service to the Contra Costa County Retirement Board or any other 1937 Act Retirement Board.

Regular meetings of the Retirement Board are held on the second and fourth Wednesdays of each month, beginning at 9:00 a.m. and sometimes extending into the afternoon.  There may also be additional meetings on special topics that arise from time to time.

Members of the Retirement Board receive $100 per meeting up to a monthly maximum of $500, plus reimbursement for actual and necessary expenses.  The appointment will be for a full three-year term beginning July 1, 2023, and ending June 30, 2026.

Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 655-2000 or by visiting the County webpage.  Applications should be returned to the Clerk of the Board of Supervisors, County Administration Building, 1025 Escobar St., Martinez, CA  94553, no later than 5 p.m. on Friday, April 21, 2023.  Applicants should plan to be available for public interviews in Martinez on Monday, May 9, 2023.

Further information about the Retirement Board can be obtained by calling CCCERA CEO Gail Strohl at (925) 521-3960 or by visiting the website www.cccera.org.

Claims Police Chief Ford hired outside investigator

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

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

By Allen D. Payton

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

Statement from RLS Attorney Mike Rains

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

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

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

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

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

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

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

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

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

Questions for Chief Ford Go Unanswered

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

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

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

Please check back for any other updates to this report.

 

 

El Condado de Contra Costa Examina a la Comunidad para Planificación de las Artes y la Cultura

By Kristi Jourdan, Office of Communications & Media

What is the future of Contra Costa County’s arts and cultural landscape? As part of the County’s efforts to develop an Arts & Culture Strategic Plan, a survey will be available to residents during the month of April to gather community feedback.

The County has contracted with Arts Orange County as Project Manager to lead the arts and culture planning process. The goal is to guide an arts and cultural planning effort through an inclusive community engagement process that recognizes and respects the geographic and demographic diversity of the County. The process also includes an inventory of the County’s arts and cultural assets, including organizations, venues, and public art.

The survey will be open until April 30, 2023. To participate, visit www.surveymonkey.com/r/NSMSL2B

A Spanish language version of the survey is available at www.surveymonkey.com/r/YJHCQDH

¿Cuál es el futuro del panorama artístico y cultural del Condado de Contra Costa? Como parte de los esfuerzos del Condado para desarrollar un Plan Estratégico de Arte y Cultura, una encuesta estará disponible para los residentes durante el mes de Abril para recopilar comentarios de la comunidad.

El Condado ha contratado a Arts Orange County como Gerente de Proyecto para dirigir el proceso de planificación de las artes y la cultura. El objetivo es guiar un esfuerzo de planificación artística y cultural a través de un proceso inclusivo de participación comunitaria que reconozca y respete la diversidad geográfica y demográfica del Condado. El proceso también incluyeun inventario de los bienes artísticos y culturales del Condado, incluidas organizaciones, lugares y arte público.

La encuesta estará abierta hasta el 30 de Abril de 2023. Para participar, visite www.surveymonkey.com/r/NSMSL2B Una versión en Español de la encuesta está disponible en www.surveymonkey.com/r/YJHCQDH