By Allen D. Payton

In response to the letter from the Contra Costa Public Defender Ellen McDonnell to DA Diana Becton on Friday, requesting all cases brought by the Antioch Police Department be dismissed and all inmates be released, due to the racist text scandal, a meeting was held Monday afternoon to discuss the matter. (See related articles here, here and here)

DA’s Office PIO Ted Asregadoo sent the following statement “about the meeting that happened at 1 pm today at the DA’s Office”:

“Today, District Attorney Diana Becton, Public Defender Ellen McDonnell, Betty Barker from the Alternate Defender Office, and the Director of the Contra Costa Conflict Program, Oksana Tsykova met to discuss the creation of a process to address cases affected by the disclosure of cruel, racially insulting, and hostile text messages written or received by members of the Antioch Police Department.

The Contra Costa District Attorney’s Office is working to identify cases that are potentially compromised by the text messages. Once we’ve identified those cases – and any overlapping conflicts — we will initiate a detailed review process for potential dismissal, resentencing, or the preservation of convictions.

The DA’s Office is working to ensure that public safety and serving the interest of justice are priorities in this process.”

The scandal involves as many as 45 Antioch cops, focusing on 14 and one in particular, with many of them on paid leave during the police department’s own investigation.

McDonnell was asked if she had any comments about the meeting but did not respond prior to publication time.

Please check back later for any updates to this report.

Report released to defense on attorneys on Monday, Mercury News obtained, reported on it; DA’s office redacting report before releasing to other media

By Allen D. Payton

Following the release to defense attorneys on Monday, April 10, 2023, of the 21-page report of racist and offensive texts by Antioch Police Officers, which was obtained and reported on by the Mercury News on Tuesday, Contra Costa Public Defender Ellen McDonnell issued a statement calling on D.A. Diana Becton to pause all criminal filings and current prosecutions involving the department.

“I have reviewed these text messages, they are abhorrent and reprehensible. They reveal an entrenched culture of hatred, racism, homophobia, misogyny, and violence throughout the Antioch Police Department,” McDonnell wrote, “The racist, homophobic, and violent behavior of these officers will impact thousands and thousands of criminal cases including pending cases and past convictions related to the Antioch Police Department.  I have reached out to District Attorney Becton and asked that she immediately pause all criminal filings and current prosecutions involving the Antioch Police Department.  I have also requested that her office evaluate pending Antioch cases for immediate dismissal, and that they begin a comprehensive review of the many thousands of Antioch Police Department related convictions to determine which cases should be dismissed.”

“These racist text messages and the continued disclosures regarding the Antioch Police Department expose a pervasive and troubling culture which should undermine any reliance on the credibility of officers from the force,” she continued. “These text messages clearly constitute textbook violations of the California Racial Justice Act. Our office will initiate a widespread review of all cases involving the Antioch Police Department and will immediately begin seeking justice for those targeted by these officers.”

The unredacted text messages were released to the Times by attorneys for the defendants in the murder case currently being adjudicated in Contra Costa Superior Court, but not to other media. According to Contra Costa DA’s Office PIO Ted Asregadoo they will be released to the media once they’ve been redacted.

“Per Judge Clare Maier’s order on Friday, we did disclose the investigative reports in the Pugh, Windom, et al case. These are unredacted reports and they were delivered on Monday,” he wrote. “Judge Maeir’s order also specified that redacted reports could be released. We are in the process of redacting the information in the reports ordered by the judge and will notify the press when those reports are available and how to obtain them.”

“contain unambiguously and historically racist speech directed toward the suspects the officers were investigating.” – DA Diana Becton

By Allen D. Payton

Following a Friday, April 7th ruling by Contra Costa Superior Court Judge Clare M. Maier during a felony court case involving Antioch Police officers, racist texts exchanged by the officers and directed toward the suspects will be disclosed to the defense, District Attorney Diana Becton announced. Several Antioch officers are currently on paid leave and under investigation for alleged racist and other offensive texts, in addition to the remaining seven out of eight officers that have been on paid leave and under investigation by the FBI and DA’s Office since March 2022. One of the eight Antioch officers quit the force. (See related articles here and here)

Becton shared that the judge “urged caution in the distribution of the language and images contained in the texts as they can spark more hatred toward Blacks and Latinos.”

Statement by DA Diana Becton on Disclosure of Racist Texts in Felony Case

Today, Contra Costa Superior Court Judge Clare Maier ruled on the disclosure of information that centers on racist text messages exchanged by Antioch Police officers.

For over a year, the FBI and the Contra Costa District Attorney’s Office have engaged in a joint federal and state criminal investigation of sworn law enforcement officers from the Antioch Police Department and Pittsburg Police Department. The broad range of offenses under investigation involve crimes of moral turpitude.

Due to the sensitivity and scope of the investigation, a court procedure was established to balance the integrity of the criminal investigation with the disclosure of exculpatory information (i.e., evidence that is beneficial to a defendant).

In accordance with legal precedent, the Contra Costa District Attorney’s Office has been scrupulous in maintaining the balance as the court constructed.

Recently, additional information has come to light in which police misconduct directly overlaps and impacts a charged felony case.

The joint investigation with the FBI has revealed that Antioch Police officers exchanged text messages which contain unambiguously and historically racist speech directed toward the suspects the officers were investigating.

The racial animus expressed by officers in the recovered text messages trigger additional statutory concerns under the Racial Justice Act.

In seeking further direction from the court, the DA’s Office and the defense appeared in front of Judge Maier on April 4th to present information detailing the overlap of the officers’ misconduct and a charged felony case.

In her ruling today, Judge Maier said that the offensive texts in the two investigative reports shall be disclosed to the defense in the charged felony case. She added, the reports will be redacted to shield cell phone numbers and urged caution in the distribution of the language and images contained in the texts as they can spark more hatred toward Blacks and Latinos.

The integrity of the joint investigation and legal requirements for the disclosure of exculpatory evidence is of paramount importance to the District Attorney’s Office. Our office will continue to work tirelessly to ensure public trust and public safety for the residents of Contra Costa County.

Diana Becton

District Attorney, Contra Costa County

(Martinez, CA) – The Contra Costa County Board of Supervisors has selected Thomas L. Geiger as the next County Counsel. His formal appointment will be approved at the Board of Supervisors meeting on Tuesday, April 4.

County Counsel is the legal advisor for the County, including the Board of Supervisors and County officers, departments, boards and commissions, and certain special districts. Mr. Geiger has been an attorney in the County Counsel’s Office since 2001 and has served as Chief Assistant County Counsel since August 2022. He has significant legal experience in the areas of land use, code enforcement, real estate, public works, elections, emergency medical services, and Delta and water issues. Among his many accomplishments, he advised the Board of Supervisors, County Health Officer, and other County departments on legal issues arising from the COVID-19 pandemic response.

“It’s a privilege to serve Contra Costa County in this role and to lead such an incredible team in the County Counsel’s Office,” Geiger said. “I am deeply honored to be selected as County Counsel and for the opportunity to help the Board of Supervisors carry out its vision of delivering quality public services that make a difference in the lives of people throughout our County.”

Geiger succeeds Mary Ann Mason, who retired as County Counsel in November 2022. As County Counsel, he will lead a legal team of 55 attorneys and staff who advise the County on civil legal matters and defend the County in litigation filed against it.

“Tom has a long history of public service in Contra Costa and has skillfully guided our County through complicated legal issues involving disaster response, land use and other significant community matters,” said Board Chair John Gioia, who represents District I. “We are grateful for his strong leadership, commitment to equity and transparency, and his ability to implement the Board’s priorities on the public’s behalf.”

Mr. Geiger holds a Bachelor of Arts degree in history from Stanford University and a Juris Doctorate from the University of California, Davis, School of Law.

Largest amount spent to defend city against lawsuit by natural gas pipeline companies

By Allen D. Payton

In an attempt to determine the reason the Antioch City Council voted to place City Manager Con Johnson on paid administrative leave during their meeting Tuesday night, March 14, 2023, which was finalized in a revote on March 17, a review of the past three months of Council Warrants, which are the City’s expenses per department the council votes on was conducted. Between Dec. 1, 2022 and March 2, 2023, almost $321,000 was spent on outside legal counsel and over $5,000 on a personnel investigation. Antioch City Attorney Warrants 12-01 thru 12-29-22     Antioch City Attorney Warrants 12-30 thru 01-12-23    Antioch City Attorney Warrants 1-13 thru 2-2-23    Antioch City Attorney & Human Resources Warrants 2-2 thru 3-2-23

On Tuesday’s meeting agenda it shows in the Council Warrants report Feb. 2-March 2, 2023 under the City Attorney category, $96,252.37 was paid for Legal Services Rendered to 11 law firms, and under the Human Resources category $5,166.25 for Investigative Fees paid to Barry Aninag Investigations. Mr. Aninag’s LinkedIn profile shows his company “offers independent, impartial, and thorough investigations into allegations of employee misconduct, harassment, and hostile work environments.”

The Council Warrants on the Feb. 14, 2023 agenda for Jan. 13-Feb. 2, 2023 show $41,118.43 for legal services; the Jan. 24th council meeting agenda shows $41,930.76 in legal services for Dec. 30, 2022-Jan. 12, 2023 and the Jan. 10th council meeting agenda shows $141,472.97 paid for legal services incurred Dec. 1-29, 2022.

That’s a total of $320,774.53 in legal services plus the cost of the personnel investigation in the past three months for a grand total of $325,940.78.

Questions for City Attorney, Acting City Manager

That information and questions were sent Wednesday to City Attorney Smith and Acting City Manager Cortez, and copied to the council members, City Finance Director Dawn Merchant and City Treasurer Lauren Posada asking for what cases are the expenses and if any of them or the investigation is related to Johnson. Smith and Cortez were also asked if it is normal for the City to spend over $100,000 per month on average for outside legal counsel.

Councilman Barbanica, who said he spoke with City Attorney Smith who said, “the bulk of this ($108,248.82) is to Meyers Nave to defend the City against the litigation on the CRC natural gas pipeline from the 3-2 council vote to deny the renewal of the franchise agreement.”

“Which I voted against, by the way,” the councilman added.

“The payments to Hanson Bridgett are for ongoing labor and employment investigations and the Telecom Law Firm is for dealing with leases related to cell towers and other telecommunications in the city,” Barbanica continued.

The total over the past three months paid to Hanson Bridgett LLP was $74,132.59 and $9,101.50 to Telecom Law Firm PC. In addition, $64,362.70 was paid to Liebert Cassidy Whitmore. According to their website the firm “provides unparalleled education, training, litigation and advisory services to California’s public agencies, educational institutions and nonprofits.”

Smith was asked which of those services they are providing to the City of Antioch.

“A city our size has an understaffed attorney’s office with two attorneys and one assistant. So, a lot of this has to be farmed out because of that. If you look at Vallejo and Richmond, they have more than double the number of attorneys and assistants than we do,” he added. “It’s a lot of money.”

Smith did not respond by publication time. Please check back for any updates to this report.

Thorpe claims council members were “procedurally wrong”

Torres-Walker says council needs to have nationwide search for new city manager, assistant city manager ; APOA President issues statement in support of police chief

By Allen D. Payton

The Antioch City Council placed City Manager Cornelius “Con” Johnson on administrative leave, immediately it was reported by City Attorney Thomas L. Smith following the closed session meeting, Tuesday night. He said the council met to discuss one case of “anticipated litigation, significant exposure to litigation”. The vote was 3-0 on a motion by District 2 Councilman Mike Barbanica, seconded by District 3 Councilman Lori Ogorchock and passed with the vote of District 4 Councilwoman Monica Wilson. (See beginning of council meeting video)

Johnson was absent from the meeting because he was ill according to Barbanica, who also left shortly after the beginning of the regular meeting due to having a medical procedure earlier in the day.

Both Mayor Pro Tem Tamisha Torres-Walker and Mayor Lamar Thorpe were absent from the closed session. Without explanation for her absence, she later apologized for being late, having arrived just as the regular meeting was beginning. Thorpe, who was traveling back from a transportation conference in Washington, D.C. and his flight was delayed, also apologized for his tardiness. At the end of the meeting he said, “I ran out of the plane” with a laugh. He arrived about 7:55 p.m. wearing a hoody.

Wilson, the council’s longest serving member, led the meeting until Thorpe arrived, because Torres-Walker, whose responsibility it was, said she hadn’t been feeling well. Wilson pointed out the fact that it was an all-woman council during Women’s History Month

Regarding Johnson being placed on paid leave Thorpe said, “I know that some changes occurred, today at closed session. I do trust my colleagues in whatever action that they took, and I’ll try to support as best as possible, and I’ll get caught up on what’s going on. Change happens. You have to embrace it and massage it and try to get the best possible outcome.”

The City’s Human Resources Director Ana Cortez will serve as the acting city manager in Johnson’s absence until the council can appoint an interim city manager. She fulfilled that role last week when Johnson appointed her to it while he was out on bereavement leave.

Because it is a personnel matter neither the council members nor city staff can provide any details. However, and although Johnson is still in his position, during Tuesday’s meeting Torres-Walker twice called for a nationwide search for a new city manager as well as a new assistant city manager.

Speculation by Antioch residents in comments on social media were that the council’s action was related to the recent firestorm between Police Chief Steve Ford, the City’s former PIO, Rolando Bonilla and his issuing a press release with comments by the chief taking a swipe at his own officers which he never made. As previously reported Bonilla claims Johnson authorized the press release. The PIO’s contract was later terminated by Johnson. (See related articles here and here)

APOA President Issues Statement

Antioch Police Officers Association President Rick Hoffman issued the following statement about the matter Tuesday night out of concern that Ford may be the city council’s next target for termination: “While the dismissal of the CM (city manager) comes as a surprise to us, our main concern is whether council has any intention of replacing Chief Ford. We want the council to know that we fully support Chief Ford and his vision for the department.”

Thorpe Says Council Action “Procedurally Wrong”, Calls Special Meeting Friday to Correct It, Possibly Hire Interim City Manager

In a post on his official Facebook page on Wednesday afternoon, Thorpe issued the following statement about the matter: “At the Tuesday, March 15, 2023, City Council Meeting, the City Manager was placed on paid administrative leave. Vice Mayor (Mayor Pro Tem) Tamisha Torres-Walker and I were not present for the vote as my flight from Washington, DC was delayed for several hours.

I know my colleagues intended to proceed in the best interest of the City of Antioch and within their authority. However, while they may have believed their actions were correct, legally they were procedurally wrong.

In an effort to allow the Council to express its will, I’ll be calling a special meeting for Friday, March 17, 2023, at 10:00 am to correct this action and, if needed, potentially appoint an Acting City Manager.

To that end, I want to assure Antioch residents, city employees, and partners that the City remains focused on our top priority of increasing our overall quality of life and ensuring public safety.”

Barbanica responded to Thorpe’s claims saying, “We had the city attorney in the room, who attends all meetings, and he made the announcement at the end. It’s unfortunate the mayor wasn’t at the meeting. If there was anything procedurally incorrect that needs clarifying, I’m willing to consider it. But I think all of us on council need to focus on during the right thing for the city.”

“I believe that the council, when presented with certain information, has a duty to act,” he added. “If it’s a matter of the item not being agendized properly the mayor needs to remember he sets the agenda as he has reminded the public time and time again.”

City Attorney Smith and Thorpe were then sent via email the mayor’s announcement, copying the other council members and City Clerk Ellie Householder, asking them what the procedural error was and if it’s the fact the agenda item didn’t mention a possible discipline of a public employee. In addition, they were asked who decided on that terminology for the agenda item and who normally decides on the terminology used for closed session agenda items.

Please check back later for any updates to this report.

 

Joined by Common Cause, Consumer Watchdog for media briefing on “what’s at stake if big money wins lawsuit to terminate anti-corruption law”

On Monday, March 6, 2023, a coalition of policy experts, including representatives from Common Cause and Consumer Watchdog, joined State Senator Steve Glazer (SD7, D-Contra Costa) held a briefing on the special interest lawsuit to terminate SB 1439, what they refer to as “a common sense anti-corruption law that would help end the cycle of scandals caused by special interests’ massive campaign contributions to the local officials they have business before.”

Authored by Contra Costa State Senator Steve Glazer and signed into last year, SB1439 prohibits a local elected official from voting on a matter if they have received a contribution from the party to the matter or their agent of more than $250 during the 12 months prior to the date a final decision is made on the matter. It also prohibits local officials from receiving a contribution of more than $250 in the 12 months after the proceeding from party to the matter or the party’s agent. But the bill also allows an official to return a contribution to avoid violating the new law and still vote on the matter.

According to Common Cause which proposed the bill, California law prohibited anyone seeking a contract, permit, or license from the government from making a campaign contribution of more than $250 to the officials responsible for decisions about that contract, permit, or license. The limitation applied while the contract, permit, or license was pending and for three months after. But local elected officials were exempted from the law. The bill extended the prohibitions from three to 12 months and included local elected officials.

The panel of policy and democracy experts warned the public of the high-stakes consequences of the special interest lawsuit, by eight trade associations and two Sacramento area local elected officials, to terminate SB 1439 at a virtual press conference. The legislation, signed into law last year, is a common-sense, anti-corruption law that would help end the cycle of scandals caused by special interests’ massive campaign contributions to local officials they have business before.

The panel discussed the urgent need to uphold the lawful, long-overdue legislation that holds local leaders accountable to the people they serve, not to special interests. Local stakeholders illustrated how special interests meddling in local politics hinders democracy and harms our communities.

Regarding the urgent need to protect SB 1439:

“We have become numb to the legal corruption that has enveloped our democracy. Pay-to-play is antithetical to an honest and ethical government, and it should be rooted out and killed like a cancer that has affected the body politic,” said Glazer.

“The influence-peddling community wants the opposite – greasy contributions that taint decisions that should be exclusively in the public’s interest. The status quo is shameful, and it is bigger than the corruption we are trying to root out – it is the confidence of our citizenry in whether people can have faith in our democracy,” he added.

Regarding the importance of expanding our anti-corruption laws: 

“California’s local governments have been plagued by scandals in which special interest entities pump campaign cash to the local government officials who determine their fate on licenses, permits, and contracts. The examples are endless – SB 1439 is a common sense, narrowly tailored solution to an acute and documented problem to protect our communities,” said Jonathan Mehta Stein, Executive Director of California Common Cause. “It has been tried in other states and in a long list of California cities, and it has never been knocked down because of legal challenges. We trust SB 1439 will succeed in the courts.” 

Regarding how SB 1439 expands the Political Reform Act: 

“SB 1439 is one of the most significant pieces of legislation in the last 10 years. It gets right to the heart of the corruption problem – people think that elected officials are acting in the best interest of their contributors, not in the public interest. This law expands the purposes of the Political Reform Act and is a major effort to correct this problem and public perception, thus the law should be upheld by the courts,” said Bob Stern, policy expert and principal co-author of the Political Reform Act of 1974.

Regarding how big money in our local politics hurts our communities: 

“Supporting SB 1439 as a bill was an easy choice for us – we see and feel regularly the impact of corporate money in the Inland Empire. Increasingly, it’s felt that regardless of how loudly residents and voters push back against certain kinds of local projects, developer money will always drown out our voice,” said Sky Allen, Executive Director of Inland Empire United. “Over the past 20 years, the Inland Empire has become the largest logistics hub in the world – so instead of green space and local businesses, we’re surrounded by massive warehouses and, as a result, we breathe some of the worst air and are offered fewer quality jobs. Laws like AB 1439 give us hope that moving forward, the scales will be more balanced.” 

Regarding how big money in our local politics hurts consumers: 

“Local politicians have tremendous influence and direct impact on the policies that impact consumers the most, like zoning laws, environmental regulations, and business licensing. When corporations and wealthy individuals use their financial resources to influence local elections and create favor with local elected officials, they successfully steer public policy in ways that are sympathetic to their own interests at the expense of consumers as a whole,” said Ben Powell, Staff Attorney for Consumer Watchdog. “Laws like SB 1439 address this by ensuring that local politicians are working in favor of the public interest, not bids for re-election or trading favors with wealthy donors.”

“It’s imperative that we ensure local elections stay equitable for everyone. When big money comes into play, socioeconomic barriers are strengthened and the community is ultimately the one who loses,” said Emmanuel Estrada, Mayor of Baldwin Park. “In Baldwin Park, we enacted a local ordinance barring city contractors from directly donating to candidates and adding stricter contribution limits. When we sent it to the voters to reinforce the ordinance, over 80 percent were in favor, illustrating the massive desire to remove the influence of big money from our local politics.”

California Fair Political Practices Commission Chair, Richard C. Miadich, who was unable to attend the briefing said, “We’re disappointed to learn a lawsuit has been filed regarding SB 1439 after the Commission voted unanimously to support it and months after it unanimously passed the legislature and was signed by the Governor.”

“It also comes months after we’ve begun issuing guidance, gathering public input and crafting regulations to implement the law. We’ll continue doing just that and will continue to enforce the law unless and until a court ruling says otherwise,” he added.

To watch the full briefing, click here. 

Allen D. Payton contributed to this report.

 

 

By Allen D. Payton

Following the Antioch City Council finalizing their redistricting process on Friday, March 11, with a majority of members voting to adopt a politically drawn, gerrymandered map of council districts, Antioch resident and business owner Mark Jordan sent a letter to the council members demanding they rescind their decisions and send the process to the Superior Court and threatening a lawsuit if they don’t. (See related article)

Following is a copy of Jordan’s letter:

March 15, 2022

City of Antioch

Mayor and Council Members

200 H Street

Antioch, CA  94509

RE:  NOTICE OF POTENTIAL LITIGATION

Redistricting / Map Selection / City of Antioch

Mayor and Council Members,

This NOTICE will serve to inform you that as a resident and citizen of the City of Antioch I challenge the process you have conducted to select the Redistricting Map for the City of Antioch in 2022.

I challenge Maps selected by the Council commonly known as; Map A Draft and Map A Draft Modified.  I state and claim you are in violation of your Oaths of Office, the California Government Code and the California Elections Code.

DEMAND IS MADE AS FOLLOWS:

1. You AGENDA the Rescission of both selections of Map A Draft and Map A Draft Modified at the next Council meeting not later than March 22, 2022.
2. VOTE to rescind approval of both gerrymandered maps which you have selected, which exist approved by the Council in conflict with each other.
3. You MOVE to deliver the entire process of the selection of the Antioch Redistricting Map to the Superior Court of the State of California, County of Contra Costa notifying the Court that the City of Antioch is unable to complete the process of redistricting in a manner that is not gerrymandered. This DEMAND of delivery to the Superior Court is made pursuant to Elections Code Section 21609.

RATIONALE FOR DEMAND:

1. On January 25, 2022 the Council decided on two final maps (Map B and Map 91) stating to the public that one of the two would be the Final Redistricting Map.
2. On February 8, 2022 the Council rejected both Maps they had decided were the two final Maps and there was no vote to rescind the previous selection of the final maps.
3. On February 22, 2022 the Council returned Map A Draft to consideration without a motion.
4. On February 22, 2022 members of the Council including the Mayor actively modified Map A Draft in a gerrymandered manner to create Map A Draft Modified.
5. On March 8, 2022 the Council selected Map A Draft, a gerrymandered map.
6. On March 11, 2022 the Council selected Map A Draft Modified without a motion to rescind Map A Draft. Map A Draft Modified is a gerrymandered map.

You have moved off the two final maps selected January 25, 2022 without properly voting to reconsider rejected maps.  You have currently approved two conflicting Maps without rescinding a previous action; the selection of Map A Draft on March 8, 2022.

The Council has and remains in violation of Elections Code Section 21601, subsections 1 through 4 inclusive, by selections of both Map A Draft and Map A Draft Modified because neither map meets the requirements of the Elections Code and both are gerrymandered.

If you fail to take the aforementioned DEMANDED ACTIONS I will move to seek immediate judicial relief including but not limited to a stay of your decisions concerning redistricting, a revocation of any Map you have selected along with seeking any attorney’s fees and costs for your violations of the Government Code and Elections Code.  I will further request any other relief the Court may choose to award.

Your immediate attention to this MATTER and DEMAND of action is required.

Sincerely,

Mark Jordan

Cc:  City Attorney, City Clerk

Via:  USPS and email

—————-

Next Tuesday’s council meeting agenda released on Friday, March 18 does not include the action demanded by Jordan.