By Allen D. Payton

Following the revelation in tonight’s Antioch City Council meeting agenda, that City Manager Con Johnson hired an outside attorney without proper permission of the city attorney, the first two invoices from the law firm were provided by Acting City Manager Forrest Ebbs today following multiple requests of city staff. The invoices show over $37,000 of work done including for closed session meetings with the city council and private meetings with Mayor Lamar Thorpe and Mayor Pro Tem Tamisha Torres-Walker. (See Item O. under Consent Calendar)

The invoices show work began on Oct. 17 under the auspices of a “procedurally invalid” contract, according to the city staff report on the item, before Johnson signed the contract on Nov. 4. Also, the first interaction Gregory Rolen – partner in the San Francisco law firm of Haight Brown & Bonesteel LLP – had with the council was on Oct 25, 2022 for “Travel to and from closed session/attend the closed session” billed at 3.6 hours. He charges a rate of $410 per hour.

In addition, almost all of the first bill dated Jan. 12, 2023, for a total of $30,107.20 covered work on the city attorney’s contract, statutory powers, “Rules of Professional Responsibility”, ethical responsibilities and obligations, and work with the city council and Human Resources Director Ana Chavez.

The second invoice dated Feb. 21, 2023 for a total of $7,231.75 included a meeting with Thorpe and Torres-Walker that lasted almost three hours. The invoice shows “01/10/2023 Meeting with Mayor and Vice Mayor” for 2.9 hours. Plus, it shows travel to and from meetings, attendance at the council meeting on Jan. 24, 2023, and another “Teleconference with mayor regarding regulation” for 0.7 hours on Jan. 31, 2023.

That’s in addition to the private half-hour-long meeting Rolen had with Thorpe on Feb. 2, 2023, described as “Teleconference with mayor regarding representation city manager” as previously reported.

Questions for City Attorney, HR Director

In response to the information in the first two invoices, questions were sent Tuesday afternoon to City Attorney Smith and Human Resources Director Ana Cortez. They were asked, “Since outside attorney Greg Rolen did work regarding the city attorney’s contract can you please provide his current contract? Was it renewed for another three years in 2022 and does it run through 2025?”

Smith’s original contract began March 1, 2019 and lasted three years following the council’s 5-0 vote on Feb. 5 to hire him.

Cortez was asked why she worked with the outside attorney and if the city manager directed her to do so. She was also asked if she consulted with Smith to determine if it was proper before incurring the cost to the City.

Smith was asked, since the work was done under a ‘procedurally invalid’ contract, was the work product destroyed or must it be, or can it still be used, and what was the final product from Rolen’s work.

More Questions for Thorpe, Walker, Other Councilmembers

An email was sent to all five council members late Tuesday afternoon asking, “Now that city staff provided the first two invoices from attorney Greg Rolen of Haight Brown & Bonesteel LLP, do you have any comment? Did any of you ask why an outside attorney was meeting with you in closed session?”

It was pointed out to them information from the first invoice showing, “12/04/2022 Initiate legal research concerning statutory powers of city Attorney” for 0.90 hours and on “12/05/2022 Locate, review and analyze city Attorney employment agreement” for 1.90 hours.

They were asked, “did the council ask Rolen to do that? Why? Did you not think to look at the Feb. 5, 2019 City Council Agenda item when Thomas was hired? It shows his original contract lasted three years.  See Item #10 – 020519.pdf (antiochca.gov) Assuming it was renewed in 2022, it’s safe to say it was done so for another three years through 2025.

Thorpe and Walker were then asked, “why did you have a meeting with Rolen on Jan. 10, 2023 for almost three hours, separate from the other three council members? What did you discuss with him, which is not privileged as it was done under a “procedurally invalid” contract? Why weren’t the other council members included? Shouldn’t you pay for the cost of that meeting totaling $1,189 rather than the taxpayers?”

They all were asked, “why did you need Rolen to attend the council meeting for one hour on Jan. 24? Was that just for the Closed Session? Who invited him to do so? What was discussed with him?”

Finally, Thorpe was asked, “why did you have another teleconference meeting with Rolen on Jan. 31 ‘regarding regulation’ separate from the other four council members? What regulation did you discuss?”

An effort to reach Rolen for comment about the city attorney’s claim the contract was “procedurally invalid” and to ask him questions about his work with Johnson, Cortez and the city council was unsuccessful prior to publication time.

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

Seeks monetary damages, department practice and policy changes, court monitoring; labels officers’ actions a “conspiracy”

By Allen D. Payton

Oakland civil rights attorney John Burris and associates filed a lawsuit in U.S. District Court for Northern California on Wednesday, April 19, 2023, against five current Antioch Police officers and one former officer, for their racist and other offensive texts and mistreatment of citizens, plus, three current and past police chiefs, the City of Antioch and Does 1-100. (See related articles here and here)

The texts sent and received by multiple officers on their personal cell phones mentioned at least one Antioch resident, as well as suspects in crimes being investigated by some of the officers.

The suit includes defendants Sgt. Josh Evans, Officers Eric Rombough, Morteza Amiri, Scott Duggar, John Ramirez and Timothy Manly Williams, who left the department in 2021. The lawsuit also includes former Police Chief Tammany Brooks who left in October 2021, former Interim Police Chief and current Captain Tony Morefield, and current Chief Steve Ford, in spite of the fact he didn’t start as interim chief until late April 2022, at the end of the timeframe of the texts between December 2019 and April 2022. Ford was given his permanent position on October 23, 2022. Morefield served as interim chief from Oct. 10, 2021 through April 2022.

The plaintiffs include Antioch resident Shagoofa Khan, the 2017 Youth of the Year who was one of the lead protesters in the city in 2020, was arrested a few times including once for felony arson in January 2021 and at Brooks’ farewell party later that year, and was the subject of one of the vile texts; Adam Carpenter, Joshua Butler, Trent Allen, who is one of the suspects in the murder case that resulted in the release of the texts; plus, Diego Zavala, the son of Guadalupe Zavala, who was unarmed when he was shot and killed by police in 2021 after a seven-hour stand-off with police. (Their last name is listed as Savala in the lawsuit).

The suit describes what occurred between the named Antioch Police officers and the plaintiffs as a “conspiracy and/or conspiracies” and claims they were “the failure and/or refusal of Defendants Brooks, Morefield, Ford and Evans…to prevent or aid in preventing” them from occurring. The suit further claims the four department leaders “maintained customs, policies, and/or practices which encouraged, authorized, condoned, ratified, failed to prevent, and/or failed to aid in the prevention of wrongs conspired to be done by” the named officers.

The suit seeks multiple forms of damages including “past, present and/or future wage loss, income and support, medical expenses”; special damages, any and all permissible statutory damages, and attorneys’ fees. The lawsuit, Case #4:23-cv-01895-TSH, from the firm of Burris, Nissenbaum, Curry and Lacy also seeks department policy and practice changes and Court Monitoring. Burris previously represented the family of Angelo Quinto who died in 2021 in the hospital while not in police custody, three days after an interaction with Antioch Police who were called to their home to stop him from attacking them.

According to Antioch Police Officers’ Association attorney Mike Raines the officers don’t have to obtain their own legal counsel as they are entitled to representation by the City Attorney or a designated, outside law firm.

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.