Matching state’s order one day prior; order comes one day after Contra Costa Supervisors appoint new county health officer; state continues to require masking in K-12 school settings

In alignment with the State, the Bay Area counties of Contra Costa, Alameda, Marin, Monterey, Napa, San Francisco, San Mateo, Solano, Sonoma, the City of Berkeley, and Santa Cruz County will lift universal mask requirements for vaccinated individuals in most indoor public settings beginning Wednesday, February 16. The change comes one day after Contra Costa Supervisors appointed Dr. Orli Tzvieli as the county’s new health officer. (See related article)

The change aligns with the California Department of Public Health’s (CDPH) decision to let expire the statewide indoor mask requirement, which was instated on December 15 during the latest COVID-19 surge, in spite of scientific evidence masks don’t work in preventing the spread of the virus. That’s because the size of the COVID molecule is much smaller than the gaps in the fabric of most if not all masks being used. In addition, a 2021 study (that has not yet been peer-reviewed), conducted using data from the CDC covering multiple seasons, reports that “mask mandates and use are not associated with lower SARS-CoV-2 spread among US states.” That study also shows “case growth was not significantly different between mandate and non-mandate states at low or high transmission rates, and surges were equivocal.”

Yet, unvaccinated individuals over age 2 will continue to be required to wear masks in all indoor public settings. Businesses, venue operators and hosts may determine their own paths forward to protect staff and patrons and may choose to require all patrons to wear masks.

Plus, indoor masking is still required by the State for everyone, regardless of vaccination status, in public transportation; health care settings; congregate settings like correctional facilities and homeless shelters; long term care facilities; and in K-12 schools and childcare settings.

Bay Area health officers, in alignment with CDPH, continue to strongly recommend masks be used as an effective tool to prevent the spread of the virus especially when case rates are high, or when additional personal protection is needed. Continuing to mask in indoor public settings, especially crowded or poorly ventilated spaces, remains the safest choice for an individual and protects those who are medically vulnerable or are not able to get vaccinated, like our youngest children. As evidence continues to show, vaccinations and boosters remain the best defense against the virus.

The highly contagious Omicron variant brought on a new stage of the pandemic with a high number of new infections, but significantly fewer cases of life-threatening illnesses, especially for those who are vaccinated and boosted. While relaxing indoor masking requirements is part of a population-level shift toward a “new normal” of living with the disease, the Health Officers recognize that essential workers and communities of color continue to be highly impacted by COVID-19 and will need additional support to limit widening health disparities. Changes to health orders and recommendations may be updated as Health Officers follow the science and the data to evaluate whether additional protective measures may be needed as the virus evolves and if future surges occur.

People should continue to choose layered prevention strategies, such as wearing well-fitted masks (N95 or double layer cloth over surgical are best); staying home and testing when symptomatic; testing before gatherings; and improving indoor ventilation in situations where these strategies can add protection for themselves and others. Staying “up to date” on vaccinations, meaning primary series and boosters when eligible, remains the most important way to prevent severe illness, hospitalization, and death.

After reaching a high on January 9 of 2,835 new cases per day, Contra Costa’s case rates have rapidly declined to a 7-day average of 958 on February 1 and continue to drop. Meanwhile, hospitalizations, a lagging indicator of disease, have begun to drop and never exceeded local capacity during this latest surge because of the county’s overall high rates of vaccinations (80%) and boosters (49% of those eligible). Contra Costa’s universal mask mandate has been in place since August 2 when cases began climbing from the Delta variant.

A combination of preventative strategies, along with the community’s cooperation helped get the Bay Area through this last surge together as a stronger community.

“We are able to take this next major step of removing the universal indoor mask requirement because we have laid a strong foundation in good public health protections…and know we can reduce severe illness, hospitalizations and deaths,” said Dr. Ori Tzvieli, health officer for Contra Costa County.

By aligning with the state masking rules, the participating Bay Area counties will not need to meet previously established criteria for lifting local masking orders, which were devised at a different point in the pandemic.

CDPH continues to require masking in K-12 school settings but has indicated adjustments to the state’s policies will be shared in the coming weeks. In the meantime, there is work to be done in closing the remaining gaps in vaccinations and boosters among children with a particular focus on equity gaps within the most highly impacted communities.

For early education programs, such as preschool and childcare settings, CDPH continues to require masking for children older than age two. Vaccinations for children under 5 are currently undergoing federal review. Workplaces will continue to follow the COVID-19 prevention standards set by CalOSHA.

Some people may understandably feel anxious about these changes to masking requirements in the county. People can continue to choose to wear face coverings around others whether it’s mandated or not and should respect people’s choices around their health. Community members who are vaccinated and choose not to mask should respect the choices of those who continue to mask. Officials ask residents and visitors to be kind and respectful as people evaluate their risks and make choices to protect themselves and those around them.

Allen D. Payton contributed to this report.

Dr. Ori Tzvieli during a Jan. 22, 2021 online press conference. Source: Screenshot of CCHealth Services YouTube video

Farnitano retiring next month; Tzvieli will also hold title and role of county’s Director of Public Health

The Contra Costa Board of Supervisors today appointed Dr. Ori Tzvieli as the county’s new Health Officer.

Dr. Tzvieli has helped to lead the county’s response to the COVID-19 pandemic for the past two years as a deputy health officer.

He fills a vacancy left by Dr. Chris Farnitano, who has stepped down from the role in preparation for retirement after more than 30 years caring for Contra Costa County residents.

“Dr. Farnitano will be missed. We are glad Dr. Tzvieli is ready to step into a role that is so crucial for the health and safety of our county residents during the pandemic,” said Board of Supervisors Chair Karen Mitchoff. “Over the past two years, both of them have contributed to one of the finest local responses to the COVID-19 pandemic in California.”

Each county in California appoints a health officer who has broad authority under state Health & Safety Code and are responsible for protecting the health of residents within their jurisdictions.

“Dr. Tzvieli has helped to lead our county’s emergency response since the beginning. We are fortunate to have someone with his experience and community knowledge ready to step up,” Contra Costa Health Director Anna Roth said. “I am very confident that he will help to continue our strong efforts to combat the spread of COVID-19 in Contra Costa County.”

Dr. Tzvieli joined Contra Costa Health (CCH) as a family medicine resident at Contra Costa Regional Medical Center (CCRMC) in 2000, launching a career in the county’s healthcare delivery system that has led to several leadership roles, including Medical Staff President, Ambulatory Care Medical Director, Public Health Medical Director and now Director of Public Health, serving under Director Roth.

During his time with CCH, Dr. Tzvieli has championed collaborative efforts to address opioid addiction and cared for some of the county’s most vulnerable residents as medical director of the Health Care for the Homeless program.

Dr. Farnitano will formally retire in March after a celebrated career at CCH. He became Contra Costa County Health Officer in July 2018, after previously serving as Ambulatory Care Medical Director at CCRMC and Family Medicine Department Chair, among other roles.

Allen D. Payton contributed to this report.

Photo source: CDC

Retiring Health Officer, staff never showed percentage of COVID cases that originated at those businesses, but still issued order in September

Average daily number of new cases have likely peaked, countywide hospitalizations due to COVID-19 have also in decline

With 80% of all county residents now fully vaccinated, Contra Costa Health Services (CCHS) on Friday, Feb. 4, 2022, lifted its health order requiring certain businesses, including restaurants, gyms, bars and theaters, to verify the vaccination status or recent negative test results of customers. So, there is no longer a need to show your papers at those businesses. (For details see the Rescinding Order)

Although neither former county Health Officer Dr. Chris Farnitano nor county health staff could ever provide documentation showing the percentage of COVID cases in the county from patrons of restaurants, bars, gyms or theaters, he issued an order as of Sept.  22, 2021 requiring those businesses to verify that indoor customers were fully vaccinated, or had tested negative for COVID-19 within the previous three days. His order also included a requirement for workers in indoor areas of those businesses to show proof of full vaccination or test weekly. (See related article)

Farnitano is retiring from his position, next month and Contra Costa County Director of Public Health Dr. Ori Tzvieli is now serving as acting county health officer, as part of the transition.

Testing data show COVID-19 transmission, fueled by the highly contagious omicron variant, remains high in Contra Costa, but that the average daily number of new cases have likely peaked, and countywide hospitalizations due to COVID-19 have also begun to decline.

“We believe now is the right time to loosen a requirement that made a lot of sense last summer, when a different variant of COVID-19 was dominant and there was less community immunity,” said Dr. Ori Tzvieli, acting Contra Costa County Health Officer. “But by no means are we back to normal. There are still many more cases of COVID-19 in our community now than there were in mid-December, so we need to continue to take precautions when we go out.”

The best protection against COVID-19 infections, and serious illness from infections, is to be fully vaccinated and up to date with a booster dose whenever eligible.

“We deeply appreciate everyone who has chosen to vaccinate. You have made yourselves, your loved ones, and the entire community safer,” Contra Costa Health Director Anna Roth said. “If you are eligible and you have not gotten your booster, it is really important that you get one. People who get boosted are significantly safer from serious COVID-19.”

County data show that the daily COVID-19 case rate for Contra Costa residents who received booster doses is more than three times lower than that of unvaccinated people, and about nine times more effective at preventing hospitalization due to the virus.

On Thursday, Contra Costa reached a new milestone, with 80% of all county residents now fully vaccinated. So far, 48.4% of eligible residents have received booster doses.

The verification order, which took effect last September, applied to businesses where people remove face coverings to eat or drink indoors, such as restaurants, bars and entertainment venues, and to gyms and other indoor fitness facilities, including yoga and dance studios, where patrons breathe more heavily due to exercise.

The order required these businesses to verify that indoor customers were fully vaccinated, or had tested negative for COVID-19 within the past three days. It also included a requirement for workers in indoor areas of these businesses to show proof of full vaccination or test weekly.

Though the county requirement may be lifted, private businesses may choose to implement their own verification requirements to better protect customers and staff, and CCHS encourages them to consider doing so as a safest practice during the pandemic.

Other state and countywide health orders remain in effect, including workplace vaccine verification requirements for healthcare workers, first responders and congregate care workers, and a requirement for most people to wear face coverings in most indoor public spaces.

Current state health orders still require proof of vaccination or a recent, negative test result in certain situations, including when visiting hospitals or long-term care facilities, or attending indoor “mega events” of 500 or more people.

Visit cchealth.org/coronavirus for updates regarding Contra Costa County health orders and the county’s emergency response to the COVID-19 pandemic.

Allen Payton contributed to this report.

Zoom webinar Feb. 17 at 4:00 p.m. to learn about first year allocations

By Gail Murray

Measure X, a new county-wide sales tax to support health and human services for our local neighbors and families, was passed by voters in November 2020. The tax money is being collected and decisions are being made on how to allocate the money in support of the values we hold as residents of Contra Costa.

The Measure X Advisory Committee was established by the Contra Costa Board of Supervisors to help prioritize spending of Measure X dollars to support health and human services in our county. The Committee has met over many weeks, days and hours, and has produced its report. The people of Contra Costa County have unmet human service needs, and they are growing fast, as documented by the Measure X Advisory Committee. The Board has weighed these growing needs with the limited dollars available to allocate this first year.

Join us Thursday, February 17 at 4:00 p.m. for a Zoom webinar to hear about the first year of allocations. What was recommended by the Advisory Committee, what was funded, and what are the gaps still remaining? Do these allocations support our values? What can we learn from this first year of sales tax allocations?  What does this mean for the future?

This expert panel will be moderated by Shanelle Scales-Preston, Vice Mayor and Pittsburg City Council member. Panelists are Mariana Moore, Chair of the Measure X Citizens Advisory Board; Dan Geiger from Budget Justice Coalition; and Supervisor Karen Mitchoff, Chair of the Contra Costa Board of Supervisors, representing District 4. 

Questions from the public will be taken in advance at Program@LWVDV.org. During the webinar, questions may be submitted thru Zoom Q&A function. 

Click here to register for the webinar. Information on how to access the Zoom webinar will be sent to your email address 24 hours before the program.

The program is a partnership among the League of Women Voters of Diablo Valley and of West Contra Costa County, along with the Contra Costa County Library. The Library will provide closed captioning for this event. 

The program will be recorded and posted on the following sites after the meeting:

LWVDV YouTube channel

Contra Costa County Library YouTube channel

Supervisors approve Grand Jury report on animal shelter consolidation with Antioch, countywide sidewalk obstruction ordinance, two years’ worth of ammunition for Sheriff’s Office

Contra Costa County District 3 Supervisor Diane Burgis

By Daniel Borsuk

A grieving, yet stoic Contra Costa County District 3 Supervisor Diane Burgis conducted on Tuesday her final meeting as Board Chair a month to the day that her husband, Richard Clayton, took his own life. Showing remarkable resilience, Burgis thanked her family, fellow board members, her staff, county employees and constituents for their support.

“We accomplished so much in 2021,” said Burgis, who wore a black dress.  “The annexation of the Contra Costa County Fire District with the East Contra Costa County Fire District will make Contra Costa County so much safer.”

Burgis, whose served on the Board’s Airports’ Committee, praised how the County has developed both the Byron and Buchanan airports, especially Byron with the startup of innovative aeronautical enterprises near the airport.

“I am so proud of our health workers,” Burgis said. “The county public health services have become a model of the state.”

Contra Costa County District 4 Supervisor Karen Mitchoff. Official photo.

For her work, fellow board members presented Burgis with a picture of Marsh Creek, one of Burgis’ favorite environmental cleanup sites.

“That was really hard for you to do,” District 1 Supervisor John Gioia of Richmond said of Burgis after handing over the gavel to newly sworn in Chair Karen Mitchoff of Ditrict 4 in Pleasant Hill. “We’re all behind you.”

Mitchoff, who will not seek re-election to the supervisorial post that she has held since January 2011, said, “In my final year as an elected official for Contra Costa County, I am excited about what lies ahead and ready to work together to keep improving the quality of life in our county.”

An avid reader, Mitchoff noted that last year she read 60 books, mostly audiobooks.  As a gift for her fellow board members, Mitchoff gave each supervisor a copy of the historical book, “The 1619 Project,” written by Nikole Hannah-Jones.

District 5 Supervisor Federal Glover, who has served on the Board since 2000, will serve as Board Vice Chair.  Glover, who was in line to become chair this year passed on accepting the post to allow Mitchoff to take on the leadership duties in recognition of her more than 40 years of public service.

Third Grand Jury Report on Consolidating County, Antioch Animal Shelters Approved

Without hearing any public comment, Supervisors approved a third Grand Jury report, this one recommending that the County hire a consultant to study the potential consolidation of the County run animal facility in Martinez and the City of Antioch animal shelter run by the Antioch Police Department.

“Public and private animal shelters are experiencing pressure from the explosive growth in the homeless animal and abandoned pet populations,” the new Grand Jury Report states. “Community outreach and education are high priorities for both Contra Costa and Antioch Animal Services, the two public animal shelters within the county.”

The grand jury report went on to state, “The Grand Jury recommends that Contra Costa Animal Services (CCAS) engage a consulting firm for guidance on the possible redistribution of animal services that could be achieved by a gradual process of cost-sharing and shelter coordination. A comparable consolidation currently underway between Monterey County and the City of Salinas Animal Shelters provides a possible model for the integration of Contra Costa and Antioch Animal Shelter services.”

The grand jury also recommends that the two public animal shelters improve their emphasis on community outreach to comfort homeless animal overpopulation.

In addition, the report calls on both the County and City of Antioch to resolve the ongoing problem of abandoned animals left at the Antioch shelter by residents outside the City of Antioch. “Although there is an informal working relationship between CCAS and AAS personnel on this issue, a more formal agreement between AAS and CCAS would facilitate abandoned pet retrieval at both shelters.”

Animal Services Home to Home Contract Approved

In a related animal shelter issue, Supervisors passed a Home-to-Home contract that will not cost the County any funds.  Maddie’s Fund will pick up the tab to re-home pets.  The Home-to-Home Network will lessen boarding of homeless dogs and cats in County Shelter.  Home-To-Home adoptions are free.

Sidewalk Obstruction Ordinance Revised

Without hearing any public comment, Supervisors amended the County Sidewalk ordinance.  The revision permits the County Director of Public Works to “abate any sidewalk obstruction.”

“An adjacent owner shall keep the sidewalk abutting the adjacent owner’s property free and clear of all weeds, rubbish, dirt, rocks, debris, or any other obstruction that interferes with the free passage of pedestrians,” the new ordinance states

Approve Two-Year Ammo Contract for Sheriff’s Office

Supervisors approved a $450,000 contract with Dooley Enterprises, Inc. to deliver Winchester ammunition for the Sheriff-Coroner from Jan. 1, 2022 to Dec. 31 2023. The Sheriff-Coroner’s Office has used Winchester ammunitions for training and duty ammunition purposes for more than 20 years.

Started Monday Dec. 13 mayor says; council members informed by email same day, not told what criteria was used nor provided with details to make the decision themselves about Cornelius “Con” Johnson

“It should not be up to the staff to make a determination of whether someone passed or failed…All of this should be…shared with the city council…then be up to the city council to determine whether the results meet their standards for selecting a city manager.” – Martha Perego, Director of Member Services and Ethics, International City/County Management Association

Cornelius “Con” Johnson. Source: Mayor Lamar Thorpe’s Facebook page.

By Allen Payton

In a breach of protocol and mishandling of proper procedure, City of Antioch staff, including at least Administrative Services Director Nickie Mastay, unilaterally determined new Interim City Manager Cornelius “Con” Johnson successfully passed the background check she conducted. In her position, which is essentially in charge of human resources, Mastay is one of the department heads who answers directly to the city manager. Johnson has been granted full authority as city manager to hire and fire any and all department heads, which includes Mastay, the chief of police, and others. (See related article)

According to Martha Perego, Director of Member Services and Ethics for the International City/County Management Association (ICMA), it’s the city council’s responsibility to determine if a candidate for city manager passed or failed the background check, not city staff.

Without fanfare or major public announcement, Johnson started in his position as interim city manager on Monday, Dec. 13. The public was not made aware of that fact until the end of the council meeting on Tuesday night, Dec. 14, when Mayor Lamar Thorpe made a rather casual but surprising comment welcoming Johnson, who the mayor said had started in his new position the day before. That answered the question for some members of the public in attendance for the council meeting why Johnson was included in the photos for outgoing City Manager Ron Bernal.

Mayor, Two Council Members, Staff Refuse to Answer Questions

On Wednesday, Dec. 15, questions were sent to Mastay, City Attorney Thomas L. Smith, and all five council members asking about Johnson starting that Monday. They were asked, “how is that possible if the background check being conducted by Nickie Mastay isn’t yet completed? If it is, when was it completed? If Con passed it, who determined that? Did the council members receive a copy of a report on his background check?”

The staff and council members were also asked, “isn’t it the council’s responsibility to review the findings from the background check and then make the determination if he successfully passed it and vote on it during closed session which would then be reported out to the public how each council member voted? If it was Nickie who determined that, how could she? Who gave or what gives her the authority to do so?  Doesn’t she have a clear conflict of interest since Con will be her new boss and can fire and replace her with his full authority as city manager granted to him by the city council? Wouldn’t she pass him knowing there are three votes on the council to hire him? Or was it Thomas who determined Con successfully passed the background check? If so, how can an equal colleague, both of whom are hired by the council, be the one to make such a subjective determination?”

Since neither Smith nor Mastay responded to previous questions to them of what would cause someone to fail a background check, additional questions were posed to them and the council members. They were asked, “what are the determining factors that were considered, specifically for an interim city manager candidate? Is lying on his resume and inflating credentials grounds for failing the background check? Shouldn’t that be the criteria, when conducting background checks of anyone who wants to work for the City of Antioch?”

Is financial experience a determining factor? While I didn’t write about it (previously), based on the information I’ve received from an Antioch resident who conducted his own background check on Con, it shows he has two bankruptcies and three real estate foreclosures in his past. Were you aware of that? If so, were those facts considered for someone being hired for the top position of running an operation with a $259 million annual budget?”

Ogorchock, Barbanica Respond But Can’t Answer Most Questions

According to District 3 Councilwoman Lori Ogorchock, council members received an email on Monday morning, Dec. 8 informing them that Johnson had passed the background check.

“I received an email on Monday morning stating that he had passed his background and they would be doing his on-boarding,” she said.” That’s all I got. That was it.”

Asked if she had asked city staff about the process and why the council members weren’t the ones to determine if Johnson had passed, Ogorchock said, “I called Nickie (Mastay) and I’m waiting for a response back. I didn’t get a response, yesterday, the day before or today.”

“I’m trying to get answers to questions people are asking me,” she continued. “I also don’t know why there hasn’t been a press release on it, either.”

District 2 Councilman Mike Barbanica reiterated what his colleague said. In response to the Herald’s questions, he wrote, “We received an email Monday morning 8:29 AM (the entire council) stating that he had passed his background and was onboarding.  I did not see any documents of the background.”

Asked about the background check, he said, “we were told human resources was doing it. I spoke to Ron about it after the council meeting in which the council voted 3-2 to hire Johnson, and he said the background check would be conducted and reviewed by human resources.”

Asked, again who determined Johnson had passed the background check, Barbanica said, “I don’t know if the mayor reviewed it. I didn’t review it.”

On Monday, Jan. 10, asked if she had heard back from Mastay, Ogorchock said, “She said she was going to reach out to you. I believe she hired an outside firm to do the background check. I don’t know.”

Questions on Process for Hiring Interim or Permanent City Manager to Johnson, Assistant City Manager Go Unanswered

Unless the council hires Johnson, Assistant City Manager Rosanna Bayon-Moore, or someone else on city staff, to be the permanent city manager, they will have to go through the same process, again later this year. In an attempt to determine what process was followed, this time and what is the proper process for dealing with the background check of a city manager candidate, the following, additional questions were sent to the same individuals, as well as Johnson and Bayon-Moore early Thursday afternoon, Dec. 16: “Was the council provided with a copy of Mr. Johnson’s complete background check? When and how were they informed that he had successfully passed it? Who determined that he passed it? If it wasn’t the council members, why wasn’t it? What were the criteria upon which that determination was made for the hiring of Mr. Johnson and/or for any city manager or city attorney candidate?”

Another attempt to reach Mastay by phone made on Monday morning, Jan. 10 was unsuccessful.

Questions for International City/County Management Association

An effort to reach someone at ICMA to answer questions regarding the proper procedure for hiring and conducting the background check of an interim or permanent city manager candidate, was unsuccessful between Dec. 15 and 31.

Those questions were sent via email on Friday, Jan. 7 to Ethics Director Perego. She was also asked who should determine if the candidate has successfully passed the background check and if it is a conflict of interest for a department head who answers directly to the city manager to make that determination. Perego was also asked shouldn’t it be the city council’s decision to make that determination based on the background information gathered by a city’s human resources department and provided to the council members. Finally, she was asked what is the criteria that a city council should use on which to base the determination if the candidate for city manager has passed or failed the background check.

Council, City Staff Mishandle Hiring Process, Background Check

In response, Perego of the ICMA, responded Monday morning, Jan. 10 with the following:

“One of the benefits of using an outside firm to assist in the recruitment of a city manager is that they handle vetting of the candidates. You avoid the potentially awkward situation where a staff member who ultimately will report to the city manager may have weighed in on the candidates, even if it is just providing basic information.  Or learns something in the course of the process that is potentially embarrassing or questionable about their future boss. Hopefully, they would be professional about the matter. But that is why independence and objectivity that an outside firm brings, even from the appearance perspective, can be very beneficial.

Where the city relies on the HR team to manage the recruitment, they will be involved in the background check. They should be clear with the city council in advance about what data points they are checking and then report the factual results of that review to the city council. It should not be up to the staff to make a determination of whether someone passed or failed.  There should be an initial background check of applications who have been determined to meet the qualifications to determine who will move on to the next round, i.e. confirm educational credentials, residency, online reputation, related issues, etc. That should be followed up with a more in-depth background check that includes criminal records, lawsuits, bankruptcy, etc.  When the outside firms are involved, they typically will ask early on whether there is anything in the candidate’s background that the potential employer should know about. They use that info when conducting the background check to confirm whether the candidate was forthcoming and truthful.

All of this should be done confidentially and shared with the city council in a confidential manner (as long as that is permitted by law). It should then be up to the city council to determine whether the results meet their standards for selecting a city manager. They may also want to talk with the candidate about the results to acquire some context. For example, perhaps the candidate defaulted on a home mortgage a decade ago. Depending on the circumstances, that in and of itself may not be a disqualifying event.  But a recent DUI or arrest for assault, especially if it was not disclosed upfront during the initial discussions, is different and may be an automatic disqualifier.”

Perego’s Response and Questions Again Sent to Council, Staff

Perego’s response and questions about the process were again sent to Mastay, Attorney Smith, Johnson, the mayor and council members, Monday morning at 10:02 AM. They were asked: “Who conducted Mr. Johnson’s background check? Was it Nickie Mastay or did she hire an outside firm? If so, what is the name of the firm who conducted it? How much did the City pay them? Did the council provide the data points to staff of what they wanted in the background check? What were the determining factors upon which Mr. Johnson could pass or fail? Were the results of the background check presented to any or all council members? Who made the determination that Mr. Johnson passed his background check and upon what basis? Was it the mayor, council, Nickie Mastay or someone else on city staff?

In addition, Smith was specifically asked “Is that permitted by law for the council to do in California?” regarding the section in which Perego wrote, “All of this should be done confidentially and shared with the city council in a confidential manner (as long as that is permitted by law).”

They were each given until 12:30 p.m., Monday, Jan. 10 to respond.

No responses had been received from any staff member, the mayor or other council members, as of publication time at 1:00 p.m.

Bernal Welcomes Johnson, Misrepresents Title, Position With SFPD

Other than the mayor’s brief announcement, the only other mention of Johnson becoming interim city manager was in retiring city manager Ron Bernal’s final Bi-Weekly Update issued on Dec. 28, in which he also misrepresented Johnson’s last title and position with the San Francisco Police Department. As has been previously reported, although Johnson served in his final two years as an acting captain and retired and his pension is being paid as a Lieutenant III, his resume only shows the title of captain, and has been introduced to the public as a retired captain since late 2020. Johnson still has not explained the discrepancy. (See related articles here and here)

Bernal wrote, “WELCOME CON! I am very pleased to introduce our new Interim City Manager, Cornelius Johnson. Mr. Johnson comes to us with 17 years of managerial experience with the City and County of San Francisco, most recently as a captain in the San Francisco Police Department’s Field Operations Bureau. Throughout his career, Con has devoted his career to establishing strong bonds between his agencies and the residents he has served. Please join me in welcoming Con to our Antioch family.”

As of Monday, Jan. 10 the Administration Department page on the City’s website still shows Bernal is city manager.

Johnson’s first council meeting as interim city manager is tomorrow night, Tuesday, Jan. 11.