Antioch Mayor Pro Tem Tamisha Torres-Walker speaks on teleconferencing as District 2 Councilman Mike Barbanica listens during the city council meeting on Sept. 26, 2023. Video screenshot.
Joins other cities in ending the practice to avoid hate speech, abuse
Torres-Walker blames politics for fellow councilmembers’ votes; Barbanica calls her comment “ridiculous”
East County Rabbi responds to hate speech during Brentwood Council meeting
By Allen D. Payton
During their meeting on Tuesday, Sept. 26, 2023, the Antioch City Council by a vote of 3-1-1 decided to not return to allowing call-in public comments via Zoom the same night the Brentwood City Council received a call filled with anti-semitic hate speech.
Antioch joins other cities throughout the state ending the remote public comments due to the abuse of the medium which increased in use during the response to COVID. But Mayor Pro Tem Tamisha Torres-Walker who voted against the motion wasn’t happy about it and accused her fellow council members of voting based on politics, with District 4 Councilwoman Monica Wilson, who voted to abstain, running for State Assembly, District 2 Councilman Mike Barbanica running for County Supervisor and Mayor Lamar Thorpe facing re-election next year. (District 3 Councilwoman Lori Ogorchock’s seat is up for election next year, as well but she can’t run for it, as she was moved into District 4 due to gerrymandering during last year’s council redistricting process).
Following public comments on the item, Torres-Walker was the only council member to speak on the matter arguing in favor of allowing public comments via teleconferencing. (See 3:09:30 mark of meeting video)
“I keep asking for it to come back. If the council has to be here, the council has to be here. We ran to show up and there’s a large public that want to be here. There are rules that have been made up as we go. There’s a large part of the public that can’t be here in person”
“If we can’t take time to listen to the people whose business we’re doing then none of us should be up here. So, I think at least the public should be able to participate and teleconference in,” Torres-Walker said.
“I sat here for almost three years with people calling in over Zoom calling me everything but a child of God, grossly misinformed all the time, and I was told to get a thick skin. Nobody wanted to vote to take teleconferencing away until they started experiencing that same backlash. Now, it’s like if someone wants to talk crap to me they gotta show up in person. They should be able to use teleconferencing to do it and we all need to get a thick skin…and we should bring teleconferencing back for the public.”
“We are not making up rules as they go along. They’ve been written in the agenda for some time,” Thorpe responded. “Not making two comments at the meeting was pointed out by the City Clerk’s Office. We just didn’t enforce the rule and I was pointed out that we needed to enforce the rule by the City Clerk’s Office.”
Barbanica then moved approval, seconded by Ogorchock to continue holding city council, board and commission meetings in person without teleconferencing. Without any further discussion, the motion was adopted.
But it was at the end of the meeting, during the Council Communications and Future Agena Items portion, that Torres-Walker took a swipe at her fellow council members for their decision saying, “I’ve always been against ending teleconferencing. Because no matter whether I like to hear what the public has to say or not, I listen. Tonight, I think what we just saw was like, replay this because you just got to see people say they don’t want to hear you. And so, because we are coming up on an election year, they’re going to want to hear from you when they’re knocking on your doors, canvassing your neighborhood and they’re going to want to have your vote when you go to the ballot. So, I’m going to keep asking for this to keep coming back whether we vote for it or not.” She asked for the matter to return to a future council meeting agenda for further discussion. (See 3:36:04 mark of meeting video)
Her accusation didn’t sit well with Barbanica, who said later, “That was a ridiculous comment by her. Absolutely ridiculous. Let’s not allow people to abuse the system and target people.”
“So, if Tamisha doesn’t get her way, she’s going to weaponize others of us running for office?” he asked. “We never did that to her. I could not believe she made that statement.”
“As she was making that statement, the Brentwood Council fell victim to exactly the reason we made the decision to not to return to public comments by Zoom. It was abused,” the District 3 Councilman continued. “We had people appearing to be intoxicated, singing, using profanity. There are other cities that are having religious groups, etcetera being singled out. I was told by city administration that other cities have experienced people going on Zoom making pro-Nazi, anti-semitic comments, faking their names, using names of famous Nazis. That was the exact thing we were concerned with.”
“It was done during COVID when people couldn’t attend meetings in person,” he explained. “This has nothing to do with elections. We are still making sure people are heard. To sit at home and hide behind your keyboard and use Zoom as a weapon to spread hate speech and your own personal hate was never the intent.”
“Lamar and I had it happen to us during subcommittee meetings,” Barbanica shared. “They tried to put photographs up on the screen. We killed it. But it showed me right there how people have abused the system. When I was at Cal Cities, they had a talk about it, that people were weaponizing it for their own hate speech.”
Racist Comments on Zoom Call-In During Brentwood Council Meeting
An Oct. 1st tweet on X by the Brentwood Press confirmed Barbanica’s comment. It reads, “at our City Council meeting (Tuesday) night, a man called in to talk about kosher soap developed in Germany. He was cut off as this comment did not seem to be on topic, and he yelled, ‘Heil Hitler! White Power!’ before hanging up.” A resident submitted a letter to the editor decrying the hate speech.
According to an Oct. 4 ContraCosta.News report, Brentwood Mayor Joel Bryant apologized to the public for hearing the comment and Brentwood City Manager Tim Ogden issued a statement condemning the hate speech.
Brentwood Rabbi Responds
In response to the comments made during the Brentwood City Council meeting, Rabbi Peretz Goldshmid, Director of Chabad of the Delta said, “When it’s dark outside you don’t need to be told you need a flashlight. This is the time to call for everyone to stand up and say something positive in response.”
“When one idiot talks, we need a thousand people to stand up and respond. Instead of the story being hate speech it should be about the thousand people offering good speech,” he continued. “The only way to stop the damage is with positivity in general and specifically about this incident.”
Peretz issued the following statement on Oct. 4:
“Positivity is the best weapon against antisemitism. Such awful sentiments must be responded to! Every individual, and especially those with a platform, should make a clear statement that we do not accept such behavior and that, on the contrary, we stand with the Jewish community and all that stands for good.
When we do, the attempted attacker will learn that negativity will always be met with an outpouring of positivity. So, I invite you to be part of the positive response!
It is also important to remember that antisemitism is not just a problem for the Jewish community. It is a problem for all of us. When we stand up against antisemitism, we stand up for justice and equality for all people.”
Walnut Creek City Council Also Ends Remote Public Comments Remote public comments during Walnut Creek City Council meetings were also discontinued City Manager Dan Buckshi announced during his report on Tuesday, Oct. 3, 2023. He said council meeting public comments have been hijacked throughout the state
The Contra Costa County Board of Supervisors is seeking applicants for the Public Law Library Board of Trustees. The Board of Trustees was established pursuant to State law and County Ordinance to maintain a law library in Martinez and a branch library in Richmond.
The Board of Trustees is the governing body for the Law Library with the authority to determine personnel, fiscal, and administrative policies to fulfill the legal information needs of the community. County residents who are members of the State Bar and have an interest in public policy and library administration are encouraged to apply for this non-paid volunteer opportunity. The County Board of Supervisors will appoint to fill one vacancy for a one-year term beginning Jan. 1, 2024 and ending on Dec. 31, 2024. The Board of Trustees meets monthly for a midday meeting, time and date to be decided by the Board.
Applications should be returned to the Clerk of the Board of Supervisors, County Administration Building, 1025 Escobar St., Martinez, CA 94553 no later than by 5 p.m. on Friday, Oct. 27, 2023.
Applicants should plan to be available for public interviews to be conducted virtually via Zoom on Monday, November 13, 2023.
More information about the Contra Costa Public Law Library can be obtained by calling Carey Rowan at (925) 646-2783 or Carey.Rowan@LL.cccounty.us , or visiting the Law Library website at http://www.cccpllib.org.
The Contra Costa County Board of Supervisors is seeking individuals interested in serving on the Measure X Community Fiscal Oversight Committee. Measure X is the countywide half-cent sales tax that passed by voters in Nov. 2020 “to keep Contra Costa’s regional hospital open and staffed; fund community health centers; provide timely fire and emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential county services, shall the Contra Costa County measure levying a ½ cent sales tax, exempting food sales, providing an estimated $81,000,000 annually for 20 years that the State cannot take, requiring fiscal accountability, with funds benefiting County residents.”
The committee was established by the Board of Supervisors on May 16, 2023 to advise the Board of Supervisors on financial audits of Measure X tax funds. There are currently five vacancies on the committee.
The Committee has the following duties:
1. Review, on an annual fiscal year basis, the expenditure of tax revenue generated by Measure X, to ensure it conforms to (i) the stated intent of the ballot measure, and (ii) the Board’s direction for specific allocations.
2. Oversee an annual audit of expenditures of tax revenue generated by Measure X.
3. Prepare an annual report of expenditures of tax revenue generated by Measure X.
Requirements:
Civic-minded
Interested in volunteering for public service
Experience with auditing principles and financial management best practices
If you have the skills and experience required, we want to hear from you!
The national test will consist of two portions, testing WEA and EAS capabilities. Both tests are scheduled to begin at approximately 2:20 p.m. ET (11:20 a.m. PT) on Wednesday, Oct. 4.
The WEA portion of the test will be directed to all consumer cell phones. This will be the third nationwide test, but the second test to all cellular devices. The test message will display in either English or in Spanish, depending on the language settings of the wireless handset.
The EAS portion of the test will be sent to radios and televisions. This will be the seventh nationwide EAS test.
FEMA and the FCC are coordinating with EAS participants, wireless providers, emergency managers and other stakeholders in preparation for this national test to minimize confusion and to maximize the public safety value of the test.
The purpose of the Oct. 4 test is to ensure that the systems continue to be effective means of warning the public about emergencies, particularly those on the national level. In case the Oct. 4 test is postponed due to widespread severe weather or other significant events, the back-up testing date is Oct. 11.
The WEA portion of the test will be initiated using FEMA’s Integrated Public Alert and Warning System (IPAWS), a centralized internet-based system administered by FEMA that enables authorities to send authenticated emergency messages to the public through multiple communications networks. The WEA test will be administered via a code sent to cell phones.
This year the EAS message will be disseminated as a Common Alerting Protocol (CAP) message via the Integrated Public Alert and Warning System-Open Platform for Emergency Networks (IPAWS-OPEN).
All wireless phones should receive the message only once. The following can be expected from the nationwide WEA test:
Beginning at approximately 2:20 p.m. ET, cell towers will broadcast the test for approximately 30 minutes. During this time, WEA-compatible wireless phones that are switched on, within range of an active cell tower, and whose wireless provider participates in WEA, should be capable of receiving the test message.
For consumers, the message that appears on their phones will read: “THIS IS A TEST of the National Wireless Emergency Alert System. No action is needed.”
Phones with the main menu set to Spanish will display: “ESTA ES UNA PRUEBA del Sistema Nacional de Alerta de Emergencia. No se necesita acción.”
WEA alerts are created and sent by authorized federal, state, local, tribal and territorial government agencies through IPAWS to participating wireless providers, which deliver the alerts to compatible handsets in geo-targeted areas. To help ensure that these alerts are accessible to the entire public, including people with disabilities, the alerts are accompanied by a unique tone and vibration.
Important information about the EAS test:
The EAS portion of the test is scheduled to last approximately one minute and will be conducted with the participation of radio and television broadcasters, cable systems, satellite radio and television providers and wireline video providers.
The test message will be similar to the regular monthly EAS test messages with which the public is familiar. It will state: “This is a nationwide test of the Emergency Alert System, issued by the Federal Emergency Management Agency, covering the United States from 14:20 to 14:50 hours ET. This is only a test. No action is required by the public.
APOA attorney says City claims there aren’t any; council will address lawsuit during tonight’s closed session Tuesday
Thorpe claims he doesn’t use personal cell phone for city business; issues statement calling lawsuit “intimidation tactics”
Attorney says during five months of the text scandal investigation only 5 or 6 cops on leave of the 15 or 16 his office represents have been interviewed
“So, they’re just sitting there earning money because of the disfunction of the City leaders” – Mike Rains, APOA attorney
By Allen D. Payton
During their meeting tonight, Tuesday, Sept. 26, 2023, the Antioch City Council will address in closed session a lawsuit by the Antioch Police Officers’ Association (APOA). Asked about reasons for the lawsuit the APOA’s attorney, Mike Rains, said it’s to obtain Mayor Lamar Thorpe’s phone records because the City won’t provide them, claiming they couldn’t find any. The Public Records Act request covers the nine days prior to Thorpe’s Wednesday, March 30th press conference when he spoke about the investigation into the racist text scandal among Antioch officers. (See related article)
In that press conference, Thorpe read from prepared text saying, “Monday I received some information that has arisen from an ongoing investigation of the Antioch Police Department. Several additional officers have been placed on administrative leave. Let me be very clear I’m not here to confirm the number of officers that are involved nor am I here to confirm any rumors or speculations about the nature of what was discovered.”
The lawsuit (Case number N23-1629 in Contra Costa Superior Court) is seeking “records reflecting telephone calls, emails, and text messages sent or received by City of Antioch Mayor Lamar Thorpe concerning the initiation of a non-criminal administrative investigation into allegations of misconduct by City of Antioch police officers concerning text or email messages allegedly containing graphic references to issues regarding race, ethnicity or national original, or sexual preference and/or sexual identification, which have become the subject of media scrutiny.”
“This started months ago,” Rains explained. “We sent a Public Records Act request to the City to get the records from the mayor’s phone, texts, emails and phone calls to others, from about March 21-30, the nine days before his March 30th news conference announcing that this investigation of the text messaging was going on. He couldn’t provide details. The chief had not given him any information at all. He claimed the city manager had briefed him. But the city manager didn’t know anything. So, where was he getting his information?”
“Larry Wallace from the DA’s office had put together his two reports on the texting and I believe Thorpe was getting his information from Wallace directly,” Rains stated. “I don’t know. But we have a right to know where he’s getting his information about public business. It’s a public record.”
“We asked for that information but the former assistant city attorney who quit during a meeting and just walked out, wrote us a letter asking for a extension, saying ‘we need to look at it,’” Rains shared. “Then we give her the extension then she sent us a letter claiming they didn’t have anything.”
“So, we asked how she had searched the mayor’s phone. We got crickets,” he continued. “Then we sent another letter asking for the same thing and threatened but they didn’t respond. So, we did. That’s what tomorrow is about.”
“They have to do a search according to state Supreme Court based on a case out of the City of San Jose, that had to do with records requests for council members private phones,” Rains said. “I have a feeling they never did the search. I’m sure the mayor has since tried to delete everything. That would probably cause us to get the phone and do a forensic analysis to get all the deleted messages.”
Text Scandal Investigation
Regarding the investigation of the officers on leave for the racist text scandal, Rains said, “The city’s lawyers who they’ve retained and another group that they’ve retained to do something else, they’re going through all kinds of law firms, including the few interviews of the cops on leave for the texts. They’ve only done about five or six interviews. They still have about seven or eight guys they need to interview, guys who shouldn’t be on leave at the request of the mayor and the city attorney, not with the support of Chief Ford.”
“We had all these interviews set up for 15 of the cops but at first, they said they were only going to do one interview,” he continued. “I think we’ve had three different investigators, now, that have done the five or six interviews. The first one from Los Angeles didn’t even show up. Then they hired the Hispanic lady. She was nice and did one or two interviews. Then they hired some guy who did a couple interviews.”
As previously reported, City Attorney Thomas L. Smith hired Cerritos, CA-based Angela Powell, a partner in the law firm of Atkinson, Andelson, Loya, Ruud & Romo, to conduct the investigation of the text messages. She has 26 years’ experience as an attorney. Her services ended by Monday, May 15, the day the interviews of the officers were to begin. In her place, the City hired San Jose-based attorney Allison Hernandez, a Senior Associate with the law firm of Burke, Williams & Sorensen who earned her law degree in 2016.
Asked about Powell, Rains said, “She said she was going to be fair. She wasn’t going to let anyone tell her what to do. The next thing I know is we had another lady showing up to do the interviews. I think she didn’t find anything they could do.”
Asked about the other officers on leave Rains said, “I don’t know what they did with Rombough. We don’t represent him. I don’t know how many they think they still need to interview. We don’t represent all these guys. We represent somewhere around 15 or 16 cops on leave, who were mostly recipients of group texts. Of those they’ve only interviewed half in about five months.”
“So, they’re just sitting there earning money because of the disfunction of the City leaders,” he added.
Asked if there is any communication between his office and the investigators Rains stated, “No. The city attorney and the mayor have cut the investigators out of any communication with the department. Even Chief Ford couldn’t speak with them. Usually in the scheme of things, when outside investigators are hired, the chief coordinates it, working with staff setting up interviews. Ford wasn’t even in the picture.”
“All the attorneys have been brought in by the city attorney,” Rains continued. “So, the chief isn’t involved in any of it, and I think that includes the current, acting chief. He’s just sitting on the sidelines, too.”
Asked if he knows when the interviews and the investigation will conclude, Rains replied, “No idea.”
Questions for Thorpe, City Attorney
Questions were sent to both Thorpe and City Attorney Smith Monday night giving them until noon Tuesday to respond.
They were asked if Rains’ claims are true that the City won’t provide the records from the mayor’s personal phone from March 21-30 because they claim there aren’t any.
Thorpe was asked, if that is true, if he had deleted any phone calls, text or email messages on his phone from that period.
They were also asked if it’s not true, and there are records of phone calls, text and email messages from the mayor’s phone, why haven’t they been provided if they are a public record.
Thorpe was then asked if he has a city-issued phone that he uses for city business and if not, how does he communicate with members of the public and others regarding city-related business.
Finally, the mayor was asked if he received his information about the text scandal from anyone in the Contra Costa DA’s Office, including Larry Wallace.
Smith was then asked if only five or six of the 15 or 16 officers represented by Rains’ law firm have been interviewed by the outside investigators. He was also asked, “If so, why haven’t they all been interviewed yet in the five months since they’ve been placed on leave and when will they be interviewed?” If that’s not correct, how many of the 35 or so officers on leave have been interviewed during the investigation? Have the outside investigators been given a deadline for completing the interview and investigation and providing you and the city council with a final report?”
Thorpe Says He Doesn’t Use Personal Cell Phone, Uses Home Landline for City Business
Thorpe said he doesn’t use his personal cell phone for city business, but uses his home landline, instead.
“I use this phone, right here,” he stated during a phone call Tuesday morning. “I have another cell phone but I don’t give out that number as too many people have my other number and I get texts and phone calls on that.”
“I’m deeply troubled and disappointed that the Antioch Police Officers Association -a.k.a. the Police Union- still doesn’t get it.
Current and former members of the Antioch Police Department are being indicted by the US Department of Justice. Several more are being charged with state crimes by the Contra Costa District Attorney.
Two state agencies are investigating the department including California’s attorney general. The city is currently investigating members for racist text messages discovered by the FBI.
And, lastly, the city council approved my request for audits of the internal affairs process, hiring and promotions practices, and to examine patterns and practices.
Right now, the police union should be working with my colleagues and me to build a department that is reflective of our city’s values. Instead, the police union is busy trying to intimidate me and City Hall with the same old, tired tactics of yesteryear by aiming to turn me into the 800-pound gorilla in the room.”
Because it didn’t answer the questions posed to him or explain how there are no record of texts, emails or phone calls as requested by the APOA’s attorney, Thorpe was again asked if he uses a city-issued cell phone. He was also asked when he stopped using his personal cell phone for city-related business. He did not respond prior to Tuesday’s closed session meeting which began at 6:00 p.m. or by publication time.
Smith also did not respond prior to publication time.
UPDATE #1:Rains Responds to Thorpe’s Statement
In response to Thorpe’s statement Rains wrote, “It’s nonsense. We have been trying to get a straight answer from the City for five months concerning calls/texts/emails sent and/or received by Thorpe with other City or DA employees in the week or so preceding his March 30 press conference announcing the texting investigation, even though no text messages had been released to the City or the media before March 30. The City refused our request to describe any search conducted of his cell phone for the information, and we told them if they continued to refuse our request for transparency, we would seek relief in Superior Court. They did nothing and we were forced to file the writ.”
UPDATE #2: Following Tuesday night’s closed session, Attorney Smith reported out about the lawsuit stating, “no reportable action.”
UPDATE #3 (9/27/23): When reached later for comment asking again when he stopped using his personal cell phone for city business Thorpe said, “I’m not going to answer any questions related to the investigation.” But the mayor did say he doesn’t have a city-issued cell phone.
Antioch District 4 Councilwoman Monica Wilson offers her support for Mayor Pro Tem Torres-Walker’s proposal as the other council members listen during the Sept. 12th council meeting. Video screenshot
Leaves it with city manager after Torres-Walker adds sunset clause opposed by Thorpe
By Allen D. Payton
During their meeting on Tuesday, Sept. 12, 2023, on the second reading of the ordinance for directly hiring the police chief, the Antioch City Council voted 2-3 after Mayor Pro Tem Tamisha Torres-Walker added an amendment to sunset the ordinance of 12 months or hiring a permanent city manager. Her compromise was supported by District 4 Councilwoman Monica Wilson but opposed by Mayor Lamar Thorpe.
During their meeting on August 22, the council voted 3-2 to changing the City’s organizational structure by transferring from the city manager to the city council the authority to appoint, supervise and remove the police chief, with District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock voting no. But it required a second reading and vote.
Antioch’s current Council-Manager form of government organizational chart will remain the same following the Tuesday, Sept. 12th vote.
During discussion of the motion before that vote, Torres-Walker proposed a time limit of possibly one year for the authority to revert back to the city manager which was supported by District 4 Councilwoman Monica Wilson. But that was not included in the motion the council adopted.
In a post on her official Facebook page on Monday, Sept. 11, Torres-Walker posted a video and reiterated her support for a time limit writing, “Chief of police oversight…after some refleacting [sic] I believe that the comprise I attempted to offer my colleagues on Council was a reasonable one.”
After Barbanica requested the item be removed from the Sept. 12th consent calendar so it could be voted on separately, Torres-Walker followed up on her commitment saying, “I offered the compromise because, one, most of us work full time. We also want to have a close eye and a transparent process for hiring of a new chief. But I just do not think this new policy should be the order of the day. I do think we need to have a term to time this policy out whether it’s 12 months or upon the hire of the permanent city manager. That is the compromise I’m offering today or else I will not be voting to move forward with this ordinance.” (See 3:06:40 mark of council meeting video)
But Thorpe said, “I’m personally sticking with the original proposal.”
“Then there will never be oversight,” he said about Torres-Walker’s proposal.
“The purpose of this was towards accountability, transparency and all that good stuff,” the mayor continued. “But I can’t personally support your policy. If you can’t support it without that in it then it just won’t pass.”
Torres-Walker responded, “then it just won’t pass, and we can move on.”
“Yep,” Thorpe replied.
District 4 Councilwoman Monica Wilson then offered her support for the compromise saying when it first proposed, “I was very interested. Over the last couple weeks…I’ve had an opportunity to think more and more about it and I’m in agreement with you. I support you with that.”
“Being reasonable is what I’m asking for,” Torres-Walker stated.
“We’d have to bring it back for a new reading,” said City Attorney Thomas L. Smith.
She then made a motion to amend the ordinance to add a sunset of 12 months and/or the hiring of a permanent city manager. But the proposed amended ordinance failed on a 2-3 vote with Thorpe joining Barbanica and Ogorchock in voting no.
“Seeing there’s no other motion we’ll move on,” Thorpe stated.
Antioch Council reverses course on directly hiring police chief
Leaves it with city manager after Torres-Walker adds sunset clause opposed by Thorpe
By Allen D. Payton
PUBLISHER’S NOTE: Apologies for the late publication of this article. I have been recovering from surgery over the past few weeks. Thank you for the prayers and well wishes to those readers who offered them.
During their meeting on Tuesday, Sept. 12, 2023, on the second reading of the ordinance for directly hiring the police chief, the Antioch City Council voted 2-3 after Mayor Pro Tem Tamisha Torres-Walker added an amendment to sunset the ordinance of 12 months or hiring a permanent city manager. Her compromise was supported by District 4 Councilwoman Monica Wilson but opposed by Mayor Lamar Thorpe.
During their meeting on August 22, the council voted 3-2 to changing the City’s organizational structure by transferring from the city manager to the city council the authority to appoint, supervise and remove the police chief, with District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock voting no. But it required a second reading and vote.
During discussion of the motion before that vote, Torres-Walker proposed a time limit of possibly one year for the authority to revert back to the city manager which was supported by District 4 Councilwoman Monica Wilson. But that was not included in the motion the council adopted.
In a post on her official Facebook page on Monday, Sept. 11, Torres-Walker posted a video and reiterated her support for a time limit writing, “Chief of police oversight…after some refleacting [sic] I believe that the comprise I attempted to offer my colleagues on Council was a reasonable one.”
After Barbanica requested the item be removed from the Sept. 12th consent calendar so it could be voted on separately, Torres-Walker followed up on her commitment saying, “I offered the compromise because, one, most of us work full time. We also want to have a close eye and a transparent process for hiring of a new chief. But I just do not think this new policy should be the order of the day. I do think we need to have a term to time this policy out whether it’s 12 months or upon the hire of the permanent city manager. That is the compromise I’m offering today or else I will not be voting to move forward with this ordinance.” (See 3:06:40 mark of council meeting video)
But Thorpe said, “I’m personally sticking with the original proposal.”
“Then there will never be oversight,” he said about Torres-Walker’s proposal.
“The purpose of this was towards accountability, transparency and all that good stuff,” the mayor continued. “But I can’t personally support your policy. If you can’t support it without that in it then it just won’t pass.”
Torres-Walker responded, “then it just won’t pass, and we can move on.”
“Yep,” Thorpe replied.
District 4 Councilwoman Monica Wilson then offered her support for the compromise saying when it first proposed, “I was very interested. Over the last couple weeks…I’ve had an opportunity to think more and more about it and I’m in agreement with you. I support you with that.”
“Being reasonable is what I’m asking for,” Torres-Walker stated.
“We’d have to bring it back for a new reading,” said City Attorney Thomas L. Smith.
She then made a motion to amend the ordinance to add a sunset of 12 months and/or the hiring of a permanent city manager. But the proposed amended ordinance failed on a 2-3 vote with Thorpe joining Barbanica and Ogorchock in voting no.
“Seeing there’s no other motion we’ll move on,” Thorpe stated.
Electric vehicle charging station examples. Source: City of Antioch
Approves contract for homeless encampment cleanup
“Gentrification only happens when filthy rich people push out people who rent,” Mayor Pro Tem Tamisha Torres-Walker
By Allen D. Payton
During their Tuesday, August 22, 2023 meeting, for the third time, the Antioch City Council, on a 3-1-1 vote, approved the residential tenant anti-retaliation and harassment ordinance and unanimously voted to approve spending $1.2 million more for electric vehicle charging stations throughout the city for use by both the City vehicle fleet and the public. The council also voted to give a one-year extension to the multi-family housing project on Wild Horse Road and approved the contract for Homeless Encampment Cleanup.
Council Again Adopts Residential Tenant Anti-Retaliation, Harassment Ordinance
After approving it twice previously, the council again approved the anti-retaliation, harassment ordinance on a 3-1 vote with District 3 Councilwoman Lori Ogorchock voting no and District 2 Councilman Mike Barbanica abstaining because he owns a property management company. The council had previously adopted the measure, but with District 4 Councilwoman Monica Wilson absent for the second reading, it passed on a 2-1 vote with changes. That required the item be brought back a second time for a first reading. (See related articles here and here)
“This legislation…is not the exact one we voted on weeks ago,” Thorpe stated. “No one is going to jail under this legislation. There is no provision for jail time. It doesn’t exist. There is no presumption of guilt in this legislation. Absolutely not. We have fixed that, and I think most parties are happy with that.”
“This is about the landlord’s intent if it’s in bad faith and it is, by the way, on the tenant to prove,” he added.
During another session of public comments – limited to just one minute each – on both sides of the matter, Mayor Lamar Thorpe warned members of the audience that the council meeting would end at 11 p.m. and if the council did not vote by then the item would be continued until the second meeting in September due to notification requirements for public hearings.
“Gentrification only happens when filthy rich people push out people who rent,” Mayor Pro Tem Tamisha Torres-Walker said during council discussion.
“As I’ve said before, I agree with the ordinance but there needs to be some changes,” Ogorchock said referring to a section on single-family residences. “There was something that was talked about seniors. The seniors are safe. We added that in here. Health facilities…are in, here. They’re safe.”
She asked for a few changes.
“We can remove that language and add ‘as determined by the court’ because the court can imprison you,” Thorpe said with a laugh. He asked about language in the ordinance regarding landlords towing tenant vehicles being considered harassment.
“If you remove it in bad faith, I get that,” he said. “You are the second lawyer. The first lawyer told us something different. A landlord has a right to say, ‘this car is in violation…and I have to get it towed’. It can’t be harassment.”
“All this section is saying if you remove the vehicle…if you’re not supposed to tow the car but you do it anyway, you’re in violation of the law,” City Attorney Thomas L. Smith responded. “So, why don’t we add something to that to give you some clarification.”
“If you have a parking stall, your lease requires your vehicle to be registered…to be on the property,” Torres-Walker said. “If it’s not registered then they will tow your car. When you have a single-family home…you’re also renting the driveway. So, if my car is in the driveway how can you tow it?”
“Antioch steals cars every day,” she continued. “My car almost got towed. Is that harassment?”
“What this is saying is describing something that constitutes harassment,” Smith interjected and offered additional language. “If applicable law allows for towing the vehicle, then it’s not harassment.”
“That’s all we’re looking for,” Thorpe responded. “So, we will add that.”
“I had 10 other changes,” he continued to laughter by Torres-Walker. “I’m lying. I had a few other changes.”
“This doesn’t give ACCE or any organization to just walk onto a property,” Thorpe said about another section.
“This is more complicated,” Smith responded. “What we’re saying is the landlord shall allow the to enter and organize.”
“I just want to be clear that ACCE, if they have not been invited by a resident, they have a right to go onto an apartment complex and start organizing residents,” Thorpe shared. “This will be the last thing for me.”
“This is an important one,” Smith stated. “Here it says, ‘you won’t prohibit a tenant from organizing activities…or other political activities.’ It is a question of access. This is saying, you have to allow access, but you can provide the time and location. A right to access is a property right. But there is a question there of what is the government intent? Are we granting an accesss right? We should clarify tenants can invite you but we aren’t requiring they allow.
“Do we have to take a vote to extend the meeting,” Torres-Walker then asked.
“Yes,” Smith responded.
The council then passed a motion to extend the meeting by seven minutes on a 4-0 vote.
“Why don’t we say when hosted by a tenant?” Smith asked.
“Perfect language,” Thorpe responded who then made the motion to adopt the ordinance with the revised language.
But more wordsmithing continued to clarify the changes requested by Ogorchock and Thorpe.
Thorpe then said about the section on protecting senior residential homecare facilities, “I supported that change because I thought my colleague would support the ordinance. So, we’re striking that language.”
“That is my motion,” he stated.
The council then voted 3-1 to cheers from the audience, with Ogorchock voting against and Barbanica recusing himself. Audience members left the council chambers chanting, “this is what democracy looks like.”
Council Approves $1.2M More for Electric Vehicle Charging Stations
The council voted 5-0 to adopt a resolution approving an amendment to the Fiscal Year 2023/24 Operating Budget to increase the funding from the General Fund for the Zero Emission Vehicle Transition Project by $1,226,760 for a total amount of $1,361,814.
According to the staff presentation during the meeting, the state now requires 50% of all new cars purchased by local governments to be fully electric. If local governments are going to purchase two new vehicles, one of them has to be battery electric or fuel cell electric by state mandate, Thomas Paddon explained. “The City must act beginning next year.”
The charging stations will be available to both City vehicles and the public.
“It’s a good idea. But if 20 people have those kind of cars, then it’s not wise. I can’t afford it,” said resident Julia Emegokwae. “Elon Musk and the electric car companies should pay, not the City, not the taxpayers.”
“We’re just catering to two companies, Ford and Chevy. I just went and looked at Kias. Kia has EV cars,” another speaker said. “Other companies have EV cars and crossovers. So, I don’t know why they just want to stay on Chevy and Ford. When it’s time to buy that battery…it’s expensive every five years.”
Council Discussion & Vote
District 3 Councilman Mike Barbanica said, “you mentioned buy one regular car and buy one electric.”
“It’s a 50% procurement requirement. This is coming from CARB (California Air Resources Board,” Paddon said during the presentation. “It’s going to be an ongoing thing. All of your purchases cumulatively over the next 15 years have to be electric. Then it’s 100% after 2027. This is specifically for municipal fleets. This only applies to vehicles to heavy vehicles.”
This doesn’t apply to police Interceptors.
“If we’re only looking at F-250’s and above how many vehicles are we looking at?” Barbanica asked.
“66,” Paddon responded. “The electric vehicles will be more affordable, anyway. There are vehicles like Kia that we recommend in the light duty space.”
“The funds will come from CDC grant. It will be 25 percent cost share the city will have to come up,” he stated in response to a question by Barbanica.
“This $1.3 million is 25% of taxpayer money,” Barbanica stated.
“This is like a down payment on the infrastructure to power the entire fleet,” Paddon responded.
“The money is recommended coming out of the General Fund,” Acting Public Works Director Scott Buenting added.
“We always want to make sure we budget the money in a responsible way. So, we have to front the money. Whether we have the money or not we have to move in this direction,” Mayor Lamar Thorpe stated.
The motion to approve the additional funds for the program passed 5-0.
Gives Extension to Multi-Family Project, Approves Homeless Encampment Cleanup Contract
After passing a motion to adjourn, the council voted to reopen the meeting 4-1 with Barbanica voting against. They then passed a motion adopting the Consent Calendar except Items H and O.
On a separate vote on Item H, regarding a one-year extension of the vesting tentative map for the multi-family housing project on Wild Horse Road, Thorpe recused himself, again because his home is too close to the project.
“The motion to go union, since it’s a private project, the city doesn’t have any power to force a private landowner to go union,” Attorney Smith explained in response to a question by Barbanica.
“This was supposed to be commercial on the front of this site,” Ogorchock explained.
“All they’re asking for, here, city attorney, is an extension?” Barbanica asked.
The motion then passed 4-0-1.
The council then approved Item O awarding a Maintenance Services Agreement for On-Call Homeless Encampment Cleanup Services throughout the City to Sharjo LLC dba ServiceMaster Restoration Management for a three (3) year term from July 25, 2023, to June 30, 2026, in the amount of $1,365,000 with an option to extend two (2) additional years from July 1, 2026, to June 30, 2028, in an amount of $951,360 for a total contract amount not to exceed $2,316,360 over the five (5) year period.
The council had previously approved the budget item during their July 25th meeting on a split vote of 4-0-1 with Torres-Walker voting to abstain.
“I do agree we need to support our city workers,” she stated. “We should have worked with Safe Streets that could help homeless folks. We could have spent this million and some change in a better way…a way that is a lot more sustainable that could have got people off the streets.”
The motion to approve passed 4-1 with the mayor pro tem voting against.
The council then voted again to adjourn the meeting at 11:20 p.m.
Because the discussion and vote on the anti-retaliation and harassment ordinance item ran past 11 p.m., the council continued the remaining item regarding discussion of potentially hiring retired police officers to help the department until their next meeting.
The City of Antioch’s new organizational structure following implementation of new ordinance expected on December 12.
“Do I want you to become a pseudo-police chief? No. You failed,” – Former Councilman Ralph Hernandez
“Residents like you have allowed the council to get away with murder, absolute murder, because of a lack of oversight,” – Mayor Lamar Thorpe to Hernandez, the main opponent of the change.
“I do not want the police department to become a political arm of the council. I would prefer a buffer.” – Councilman Mike Barbanica
By Allen D. Payton
During their meeting Tuesday, August 22, 2023, the Antioch City Council, on two split votes of 3-2, approved directly hiring and oversight of the police chief. During council discussion, an upset Mayor Lamar Thorpe accused past councils of allowing Antioch cops to get away with “absolute murder”. Mayor Pro Tem Tamisha Torres-Walker also falsely accused officers of murdering Angelo Quinto. A former councilman, speaking as the main opponent of the change, also accuses officers of three murders. Implementation of ordinance later delayed for 90 days. (See council meeting video)
Council Approves Direct Hire, Oversight of Police Chief
The council twice voted 3-2 to directly hire the police chief, and delayed implementation of the ordinance for 90 days so Acting City Manager Kwame Reed can complete the process of hiring an interim chief. District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock opposed the change. Mayor Pro Tem Tamisha Torres-Walker proposed a time limit of possibly one year before the authority would revert back to the city manager which was supported by District 4 Councilwoman Monica Wilson. But that was not included in the motion the council adopted.
During the public hearing but before public comments, City Attorney Thomas L. Smith explained to the council that directly hiring would also include “supervision and performance evaluation of the chief of police. Another consideration would be the additional amount of work…and time allocated for it.”
The public comments allowed for one proponent and one opponent to each speak for 10 minutes,
“We have been brainwashed we need a lot of police,” Julia Emegokwae said as the main proponent. “They’ve had the green light to terrorize us.”
Mayor Lamar Thorpe interrupted her saying. “I want to remind you, Julia to stay on topic.”
She then spoke of officers “sitting there drinking coffee, eating donuts. They have no interest in us.”
“Julia, I’m just going to remind you again this item is about changing the reporting structure,” Thorpe interrupted her, again.
“Yes. Yes. This is related to it,” she responded and continued speaking.
Ogorchock made a point of order saying, “she’s off topic, Mr. Mayor. You’ve told her twice.”
“We want that funding to go more into safety net programs,”
Mayor Lamar Thorpe interrupted her saying. “I want to remind you, Julia to stay on topic.”
“We want that funding to go more into safety net programs,” Emegokwae continued. “I applaud the city that’s going to have more control of APD.”
Former Antioch Councilman Ralph Hernandez, the main opponent, said, “With the exception of Councilman Barbanica, I don’t think any of you are qualified to discipline and run the department. You need to have some kind of law enforcement background. The city manager, generally…would have more of it than you have. You guys have said you’re too busy and need secretaries to help you. Now, you’re wanting to add more responsibilities to your duties.”
“What you need to do is put it to a vote of the public,” Hernandez continued. “I met with you in June 2020 at your home and Monica Wilson was on speakerphone. I told you about…a group of six officers…and the police chief who blew it off.”
“I asked to meet with you in closed session…to enlighten you. It never came to pass,” he continued. “This was when you were a councilman before you became mayor. Monica you were a councilperson.”
“I need you to stay on topic,” Thorpe said interrupting Hernandez.
“In your packet, the duties of the police chief…that includes looking out for our community, safety. It is part of what we’re here to discuss,” Hernandez responded. “Your history already shows you did not do anything about those things that were affecting our community. So, do I want you to become a pseudo-policechief? No. You failed. I came before you with crimes, felony crimes that were committed. What did you guys do? Now, you want to become a substitute police chief, effectively? No. You can’t do it.”
“Do any of you have law enforcement backgrounds? You don’t. In the newspapers, in your press conferences, I haven’t heard you say, ‘you know Ralph Hernandez came here and told us about this sh*t,'” he continued.
Hernandez then spoke of the residents who Antioch officers are accused of violating their rights and said he read in the media, “Black, Black, Black” and mentioned someone of a different ethnicity that officers are accused of harming.
People in the audience started calling out.
“Hold on, we’re not doing this,” Thorpe said to stop it. “Mr. Hernandez, please finish your last minute-and-a-half.”
“In the meantime, you have failed,” Hernandez continued. “I want you to look inside yourself and ask, ‘have we done the right job?’”
“You’re still missing the two reported murders of our citizens of Antioch and a reported third by Antioch officers where they hid the body. I don’t know why you didn’t want to hear from me. I have the background…the professional training. The City Manager as you currently have it is the appropriate avenue.”
Thorpe responded by saying, “What he was asking was for us to do something illegal. Going into the closed session to discuss personnel matters is against the law. I do believe you filed that with the District Attorney’s Office. We’re not investigators up here.” However, the mayor was incorrect as it is in closed session when personnel matters are discussed. But they have no authority to hire, discipline or fire any city employee other than the city manager, city attorney and soon, the police chief.
All but one of the other speakers supported the change but with caveats.
“I don’t have faith in our council, as a whole to do the job. I don’t necessarily trust a former cop (referring to Barbanica). I do believe it should be your job as the head of Antioch,” said one woman while looking at the mayor.
“You guys represent us and our voices. The council, the mayor and the city manager should decide,” another woman said.
“I think the city manager should be included in the oversight of this,” said another speaker. “Some people back the blue. They could have a bias.”
Resident Tikki Flow said, “I agree with transferring the job to the city council. For 150 years nothing has changed. I’m for reimagining things. The city council is supposed to represent the people. If it’s added more work, then…they must feel they can do the job. I feel like you guys are well qualified.”
Robert Collins spoke next saying, “Angelo Quinto called me ‘dad’. We’ve had a police department with no accountability. To have the police chief only being accountable to the city council…I don’t know if that’s the right approach. If you can’t do a commission, then you should take on that role. We do know the previous structure did not work.”
The only member of the public who spoke against the change was David George who said, “I’m very disappointed in the way you’ve run this city. I think you’ve had a big hand in the problems, here. I don’t think you’re qualified.”
Lisa Elekwachi then said, “I don’t understand why the chief needs all of you as his boss. We don’t need a whole crew of people. Honestly, I think you should be his boss, the mayor. A lot of these problems with the police department stem from upper management. Hiring the best is what’s important.”
“If we can get it right, I would love for you to be in charge of the police chief,” she continued while looking at Thorpe. “You have a political career in front of you. We can hold you accountable at the state level, too. Who we hire should not be involved in cronyism.”
“Hiring a police chief is a heavy responsibility and involves a lot,” said resident Andrew Becker. “Resources start with our first responders. I think there’s a variety of ways the council can go about this. You should be unique that works for the community. The council majority can…put out an application. But you can have retired chiefs…community members to sit on that panel. They can be a part of the selection process. It’s about bringing those voices together. Looking at old processes I don’t think work for our community. I encourage the council to be diverse in that selection process. That single individual will be paramount for that department. That reporting…obviously will involve the city manager. The council does need to be a part of that decision. We do have to appreciate that we do have that diversity. If we just have noise on one side that’s not a conversation. I do hope we can bring in regional experts.”
Mayor Lamar Thorpe points at a member of the audience during his raised voice rant about changing the hiring and oversight of the police chief from the city manager to the council during the meeting on Tuesday, August. 22, 2023. Video screenshot
Thorpe Gets Heated During Council Discussion
Thorpe then said, “this is one of the reforms we initiated in 2021 after the death of Angelo Quinto. What we decided was an open process. We wanted public involvement in the process. We also wanted some level of accountability. It was becoming apparent to me the city manager’s role…is taking us for granted.”
He said people have been asking, “’You’re going to now run the police department?’ We provide oversight for all of our departments.”
“What has happened in our city…residents like them and city councils in the past have failed to provide oversight of the police department,” Thorpe continued as he raised his voice. (See 1:16:00 mark of council meeting video)
“Ralph Hernandez was a member of the city council. He failed to provide oversight of the Antioch Police Department because this was decades in the making,” he shouted, raising his voice louder. (Hernandez served on the city council from 1992 to 1995).
“Who was the mayor when you got beat up?” Thorpe asked a member of the audience. “Don Freitas was the mayor. He failed to provide oversight of the police department.” (Freitas was elected to the city council in 1998 and served as mayor from 2000-2008).
“So, you can come in here and point the finger all you want. I don’t give a damn,” Thorpe continued with a raised voice. “Because the residents of this community have demanded the change we’re making, here today if the council continues in this direction. Because for decades residents like you have allowed the council to get away with murder, absolute murder, in failure to provide oversight.”
“The city attorney said, ‘you either have a chief of police report directly to you or report to the city manager’,” he stated. “There’s no hybrid process. This is the option that we have.”
“We have done little talking about gun violence in this community,” Torres-Walker stated, speaking next. “We can’t fool ourselves about violence and harm in our community. So, no matter what direction this council takes on this item, tonight it’s important we come together. Reform can continue but it shouldn’t continue the way it has in the past.”
“I’m for governmental destruction. It hasn’t worked, mainly for colored people in the past,” she continued. “We have to do things radically. It is the council’s responsibility when a police department harms the community. In their duty to protect public safety they actually put public safety in jeopardy.”
“I’m a governmental radically deconstructionist,” Torres-Walker stated.
“I want to thank Mr. Hernandez for making my mind up for me,” she said. “He asked, ‘who has been held accountable…in the past? Nobody.’ We have had council members who sit here and have acknowledged they did nothing. Crimes against the community have occurred under the current structure. So, what would you have us do?”
“If the council decides to move forward…is there a way to modify this recommendation to a term?” Torres-Walker asked the city attorney.
“To a specified period of time? Would it lapse back to the municipal code?” he asked in response. “Yes. You could do something like that. You would have to put in a definite period of time.”
“Like until a permanent city manager is hired?” she asked. “Could it be for a term of 12 months?”
“Yes. You would effectively be defining the powers of the acting city manager,” Smith responded. “When the time period lapses it could fall back to the municipal code. Both would be triggering affects.”
“I do want to recruit the strongest city manager we can…who is strong enough to manage the police chief,” Torres-Walker stated. “I would support this…if we can trigger it to go back to the city manager at some point.”
Barbanica spoke next saying, “My concern with this is I do not want the police department to become a political arm of the council. I would prefer a buffer. If we as council…have done a bad job in the past as far as holding people accountable, and I’m talking historically, then we need to change that.”
“I do not believe we should get into creating a political arm of the council. Should we hold officers accountable? Absolutely. Should we hold the police chief accountable? Absolutely,”
“I have to admit I was really on the fence on this because I could see both sides,” Wilson said. “What I’m really interested in is what I’ve heard from you the public. I am interested in creating a term. I know if this goes through it’s going to come back, not only for more council discussion but community. I’m not against. I just want to hear more so I can flush this out.”
“Just to be clear, I was not talking about not moving forward tonight,” said Torres-Walker. “I appreciate the process Oakland is going through. They’re going through a public process. We don’t need to slow this down. We’ve been going through a public process for the past 18 months since we found out Angelo Quinto was murdered in his family’s house.”
However, her statement is incorrect as it was reported by the county coroner’s that Quinto died three days later in the hospital from excited delirium due to the drugs in his system, while not in police custody. (See related article)
“I too have done a lot of research on this,” Ogorchock then stated. “I, too, do not want the police department to become a political arm. So, I’m not for this, tonight. I do believe the city manager should hire the police chief.”
Thorpe then explained, “The California League of Cities…this is where we get trained…in it’s resource guide it describes the relationship between the city council and the police department.”
“The police department exists within a political arena,” he said quoting the section.
“Listen, 2020 was about police reform. The previous mayor was running from the press because he didn’t want to answer questions about police officers,” Thorpe continued mentioning one officer by name, Lt. Michael Mellone.
“At the end of that process we got a new mayor,” he continued. “The city manager kept his job. The police chief kept his job. But there was no accountability for these officers that sparked these protests. We already have oversight of the police department.”
“The question is whether there should be a buffer…because of the actions of the police chief or the lack thereof,” Thorpe stated. “I am personally still for this because I am frustrated…we have been kept in the dark about the FBI investigation…and how many officers are actually on paid leave. Because there is a buffer between the police department and the elected body. I’m not for it.”
Torres-Walker then said, “I still agree with moving forward, tonight. But I still believe in checks and balances” and “returning authority to the city manager, as Mr. Hernandez properly stated.”
But she then made a motion to change the hiring, oversight and discipline of the police chief and that the chief serves at the pleasure of the city council without any time limit. It was seconded by Wilson.
“You can always come back and amend this ordinance,” City Attorney Smith said in response to a question by Torres-Walker.
The motion passed 3-2 with Barbanica and Ogorchock voting against.
“So, this will take place 30 days after its second reading. OK,” Thorpe then stated.
Council Majority Changes Motion to Delay Implementation for 90 Days
Following a break in the meeting, Thorpe then said, “I’d like to make a motion to reconsider our previous motion.”
Torres-Walker seconded the motion to reconsider.
“The city manager is in the process of hiring an interim chief. So, in that process, this would get in the way of that. I would ask you consider adding 90 days,” Thorpe stated.
“So, what we just did kind of negates what he’s doing?” Wilson asked.
“Mayor Thorpe is proposing the effective date be 90 days after the adoption,” Attorney Smith said.
“We’re looking at up to two, three months for a background check. I wanted to be respectful of his authority, now,” Thorpe responded.
Torres-Walker then made a new motion with the 90-day extension included.
Before the vote Barbanica stated, “I’m probably as shocked as you are that we are a week away from hiring an interim chief. I did not know that.”
The new motion passed, again on a 3-2 vote with Barbanica and Ogorchock voting against.
