Final response letter to Grand Jury, $59,000 in community grants, discussing Hernandez-Thorpe’s recommendation for more cannabis businesses

“The Mayor and certain City Council members do not believe that they have overstepped their authority regarding personnel matters” – draft response letter to Civil Grand Jury

By Allen D. Payton

During the final meeting for Antioch Mayor Lamar Hernandez-Thorpe and Councilmembers Lori Ogorchock and Mike Barbanica, as well as City Clerk Ellie Householder and Treasurer Loren Posada, the current council is being asked to consider multiple items before the new mayor, council members, city treasurer and clerk are given their oaths of office. Most of the items, 15 of the 18, fall under the Consent Calendar which are usually perfunctory, and most could wait for the next council to decide.

Those 18 items include over $59,000 in Civic Enhancement Grants, a discussion of the departing mayor’s proposal to allow an increased variety of cannabis businesses in the existing overlay districts, as well as City Council Committee Reports and Communications and the Mayor’s Comments under Item 1.

But four items that must be dealt with include approving the Minutes for the Nov. 26th Council Meeting, Council Warrants, which pay the City’s bills, confirming the November 5th election results and the final letter in response to the County Grand Jury’s report from earlier this year.

As long as no member of the council or public asks to remove an item from the Consent Calendar for discussion and public comment, they can all be approved with one motion which will consume less time.

That will all be followed by a presentation to departing Council Members and then the main events for the evening: the oaths of office, council reorganization and committee appointments. A reception to honor the new city officials will then be held in the breezeway between the Council Chamber and City Hall building.

Response to Grand Jury

Under item 2.O., that letter for the most part denies the claims against the City after a defiant Hernandez-Thorpe and District 1 Councilwoman Tamisha Torres-Walker during the Nov. 26th council meeting, disagreed with the findings of the Contra Costa County Civil Grand Jury. The council is being asked to “adopt the resolution 1. Approving an addendum to specific Findings and Recommendations identified in the Grand Jury Noncompliance letters dated October 3, 2024, in response to the Findings and Recommendations resulting from the 2023-2024 Contra Costa County Civil Grand Jury report of June 12, 2024, entitled: ‘Challenges Facing the City of Antioch’ Addendum and 2. Authorizing the Mayor to sign and submit it to the Contra Costa County Civil Grand Jury.” (See related article)

According to the City staff report, “In June 2024, the City of Antioch received the attached Grand Jury report entitled,

‘Challenges Facing the City of Antioch’. On September 10, 2024, the City Council discussed and approved the attached response, by Resolution 2024/124, to the Grand Jury Report 2405 that was subsequently submitted to the Grand Jury.

On October 7, 2024, the City received two letters, both dated October 3, 2024, from the Grand Jury requesting additional information be provided for noncompliant responses to Findings 6 and 13, and Recommendations 1 through 5. Staff is requesting City Council provide additional information to clarify the original responses provided at the September 10th City Council meeting.

On November 12, 2024, and November 26, 2024, the City Council provided responses to the Grand Jury’s request for additional information. Staff have prepared the response based on direction provided by Council and is seeking approval of response.”

Following are the remaining findings of the Grand Jury and a portion of the responses the council is being asked to approve:

F6. The Mayor and City Council members have on occasion overstepped their authority in seeking to make personnel decisions, including terminating the then Public Works Director in December 2022, in ways not permitted by city ordinance (Antioch City Code § 2-2.06 and § 2-2.10).

The response to this Finding is as follows:

The City disagrees with this finding. The Mayor and certain City Council members do not believe that they have overstepped their authority regarding personnel matters which are under the purview of the City Manager and Human Resources.

F13. Recruitment and retention of staff has been impacted by the absence of a permanent City Manager and the lack of permanent department heads in multiple city departments.

The response to this Finding is as follows:

The City disagrees with this finding. The City of Antioch has historically always had a vacancy rate near its current levels.

The council’s draft response letter agrees with the five recommendations mentioned in the Grand Jury’s letters.

Over $59,000 in Civic Enhancement Grants

Under item 2.K., city staff has recommended that the City Council approve $45,450 in cash awards and $14,040 of in-kind grants to 19 organizations for the 2024-25 Civic Enhancement Grant Program. They include a

$2,800 grant to the Antioch Historical Society for construction of a historical belltower;

$2,800 grant to the Antioch Police Activities League for Youth Sports programs;

$300 grant to the Antioch Rotary Club for the Boys in Action program;

$1,750 grant to the Antioch Rotary Club for the Day of Empowering Girls event;

$1,750 grant plus approximately $2,282 of in-kind City facility services to the Antioch Rotary Club for the King’s Conference for Underserved Male Youth;

$1,800 grant to Be Exceptional for Funds to Expand Youth Programs for people with disabilities;

$4,800 grant to Bridge Builders for a New Generation for a Founders Dinner Fundraiser;

$1,500 grant to Charles and Smith Health and Wellness for Housing and Resources for Veterans;

$5,500 grant to Delta Veterans Group for the Veterans Day/ Memorial Day Ceremonies and the Veterans Banner Program;

$2,800 grant to El Campanil Theater for theater technology upgrades;

$1,000 grant plus approximately $704 of in-kind City facility services to Facing Homelessness to provide supplies and resources to the unhoused;

$3,800 grant plus approximately $3,000 of in-kind City services to East Bay Forward Economic Development Association for a free community music festival;

$2,300 grant to General Federation Women’s Club of Antioch to renovate the outdoor portion of the Women’s Club facility;

$2,800 grant to Loaves and Fishes of Contra Costa for a hot meal program for unhoused and low-income residents;

$2,800 grant to Mission Possible Community Development Center of Antioch for the Operation Impact youth program;

$1,500 grant plus approximately $6,000 of in-kind City facility services to Prison from the Inside Out for an outreach program designed to strengthen the relationship between Antioch residents and the Antioch Police Department;

$1,800 grant plus approximately $1,000 of in-kind City facility services to RR Transitional Housing for the Fierce and Flourishing job readiness training program for youth;

$1,800 grant to RR Transitional Housing for the Ignite Youth program;

$2,800 grant to SHARE Community for the Mobile Shower and Hygiene Service Program;

$1,800 grant plus approximately $350 of in-kind City facility services to New Generation Equity/STEM4Real for a community STEM event; and an

$1,800 grant to Team Jesus Outreach Ministries for solar panels to power refrigerated containers to distribute food to the community.

Departing Mayor Wants More Cannabis Businesses

Under Item 3, the council will discuss Hernandez-Thorpe’s recommendation allowing the same types of cannabis business uses in each of the City’s three overlay districts, including CB 1, Verne Roberts Circle and the Wilbur Avenue corridor, CB 2, Downtown Antioch and CB 3, Somersville District.

Cannabis businesses in CB’s 2 and 3 are currently restricted to storefront retail only. According to the City staff report, the mayor’s proposed amendments to the ordinance would permit any type of existing cannabis business. To date, there’s been no communication with downtown Rivertown business owners asking for their input about the proposal. Currently only one cannabis retail business is allowed in the downtown area, and the location was given a special waiver to be within 600 feet of a church or school.

No decision will be made by the council as they’re only being asked to give staff direction which could change with the new mayor and two members.

Election Certification, Presentation to Outgoing Council Members, Oaths of Office, Council Reorganization, Committee Appointments

Under Item 4. the current council will vote to confirm the certified results received by the County Clerk of Contra Costa County of ballots cast in the General Municipal Election held on November 5, 2024.

That will be followed by a presentationto the five outgoing elected officials and then the oaths of office of the City five new officials, Mayor Ron Bernal, Councilmembers Louie Rocha and Don Freitas, City Treasure Jorge Rojas, Jr. and City Clerk Melissa Rhodes. (See related article)

Under Item 5. the council will then vote to select the City’s new Mayor Pro Tempore, which will be Louie Rocha as he garnered the highest percentage of the vote in the two council elections.

Finally, under Item 6. Mayor Bernal will advance appointments for each council member to various city and regional committees for council approval by majority vote.

Meeting Time, Location and How to View

The meeting begins with a Closed Session at 6:15 p.m. to discuss potential litigation followed by the regular meeting at 7:00 p.m. in the Council Chambers at City Hall, 200 H Street in historic, downtown Rivertown. The meeting can also be seen via livestream on the City’s website at www.antiochca.gov/government/city-council-meetings/live/ or viewed on either Comcast local cable channel 24 or AT&T U-verse channel 99.

See the complete council meeting agenda packet.

By Allen D. Payton

The U.S. Postal Inspection Service is offering a reward of up to $150,000 for information leading to the arrest of a female suspect for robbery of an Antioch Letter Carrier on Nov. 29, 2024.

The USPIS issued the following announcement on Dec. 6th:

“The suspect was described as a medium build female, in her mid-20s to early 30s, and 5’6″-5’7″ feet tall. She was wearing a black or blue hooded sweatshirt, with a Covid mask or scarf covering her mouth. She was last seen running westbound on Lawton Street.

The U.S. Postal Inspection Service is offering a reward of up to $150,000 for information leading to the arrest and conviction of the suspect(s) involved in the robbery of a United States Postal Service (USPS) letter carrier at gun point. The incident occurred on November 29, 2024, at approximately 6:40 p.m., while delivering mail on Lawton Street in Antioch, CA 94509.

TAKE NO ACTION TO APPREHEND THESE PERSONS YOURSELF

If you have any information about this incident, please contact the: U.S. Postal Inspection Service at 1-877-876-2455 (say ‘Law Enforcement’)

Reference Case No. 4432888

All information will be kept strictly confidential.”

Or file a report online at Report – United States Postal Inspection Service.

By Allen D. Payton

As one resident said, “it’s like Antioch’s version of Oprah during her TV show giving out items to her audience members saying, ‘you get a gift, you get a gift, you get a gift’,’ during a ceremony Monday morning, Dec. 9, 2024, departing Antioch Mayor Lamar Hernandez-Thorpe awarded a Key to the City to “several deserveing [sic] individuals” according to the announcement on his official Facebook page.

The keys mounted on plaques were bestowed upon one former resident, the late Barbara Sobalvarro, the founder of Antioch Friends of Animal Services, who passed away last month, and 10 City department heads.

The recipients also included Director of Finance Dawn Merchant, Director of Information Technology Alan Barton, Economic Development Director and former Acting City Manager Kwame Reed, Director of Parks & Recreation and former Acting Assistant City Manager Brad Helfenberger, Acting Director of Public Works and City Engineer Scott Buenting, Acting Director of Community Development Kevin Scudero, Director of Human Resources Ana Cortes, Director of Public Safety & Community Resources Tasha Johnson, Interim Police Chief Brian Addington, Principal Executive Assistant Susan Vasquez and City Attorney Thomas Smith.

The ceremony held at City Hall also included what Hernandez-Thorpe labeled his “Final Address” as tomorrow night, Tuesday, Dec. 10th, the new mayor, Ron Bernal will be given his oath of office.

City’s 16th homicide of the year

By Lt. D. Bittner #3252, Antioch Police Investigations Bureau

On December 7, at 10:36 pm, Antioch police officers responded to the parking lot of Delta Bowl at 3300 Delta Fair Boulevard on the report of a shooting. Shortly after arrival, they discovered two adult males in the parking lot suffering from gunshot wounds. One of the males, 34 years old, succumbed to his gunshot injury in the parking lot and the other male was transported by paramedics to a nearby hospital where he also succumbed to his gunshot injury.

The Antioch Police Department’s Investigations Bureau, consisting of Crime Scene Investigators and detectives with the Violent Crimes Unit, took over the investigation. Investigators determined the 35-year-old suspect approached the male victim while he was sitting in the driver seat of his vehicle preparing to leave. Gunfire was exchanged between the two males, and both were fatally wounded. At this time, the motive for the shooting is unknown, and no other suspects or involved individuals appear to be outstanding.

This crime is still under investigation and no further information will be released at this time. The victim’s death is the 16th homicide in the city this year.

Additional inquiries or other information can be directed to Antioch Police Detective Arturo Becerra at (925) 779-6937 or by email abecerra@antiochca.gov. Tips can also be sent to tips@antiochca.gov.

Allen D. Payton contributed to this report.

With help from K9, Sheriff’s Office helicopter, Pittsburg PD

By Antioch Police Department

Are you guys keeping score!? Tally two more for the good guys! ARMED CARJACKERS IN CUSTODY!

Thursday night, Dec. 5, 2024, at 6:15pm two victims were sitting in their vehicle in downtown Antioch when two brazen bandits forced them from their vehicle at gunpoint! The uncouth characters fled in the now stolen vehicle. What the two brainy bandits didn’t know is the vehicle had LoJack tracking capabilities.

During the chase, speeds reached 112 miles per hour on Highway 4.

K9 Kona and her leash holder located the vehicle on 18th street and gave chase. Luckily our buddies at Contra Costa Sheriff’s Office have a sweet little helicopter and they happened to be out for an evening cruise! The suspects fled to Bay Point where a platoon sized force of Antioch PD, Pittsburg PD and Contra Costa Sheriff’s deputies were waiting. The two suspects were both arrested fleeing from the vehicle!

On a “don’t commit crimes” side note, one of the suspects broke their ankle hopping a fence. They were cleared at the hospital and booked!

See incident video.

Allen D. Payton contributed to this report.

New Course, New Friends, Same Great Event!

In partnership with Rotary Club of the Delta

By Kiwanis of the Delta-Antioch

We are very excited to bring back the Kiwanis Holiday Run & Walk for Health and Health Fair. This year will be the 48th running of this event. We have partnered with Rotary Club of the Delta to make sure we provide a high-quality event. We have worked to provide a better course, and lots of medals. We also hope our school’s challenge will be bigger than ever.

Races on a new course at Contra Loma Regional Park will include a 3-Mile Run/Walk, Kids Dash with Santa and the 1-Mile Run.

There will be a medal to the top five runners in every age category, as well as cash prizes and trophies to our top three high school, middle school and elementary schools.

Bib Pick Up will be on Friday, December 13th, at Fleet Feet Brentwood, 6061 Lone Tree Way Suite H, Brentwood, from 5:00-7:00 PM. AUSD students can pick up their bib at school.

Register today at https://runsignup.com/Race/CA/Antioch/KiwanisHolidayRun. On-site registration begins at 7:30 a.m.

The park is located at 1200 Frederickson Lane in Antioch.

See official election results

“I’m just grateful for everybody that has made this a victory that we can all be proud of… thank you very much for this wonderful journey and it’s just beginning” – Mayor-elect Ron Bernal

By Allen D. Payton

Antioch Mayor-elect Ron Bernal and Councilmen-elect Louie Rocha and Don Freitas are inviting the public to their oaths of office ceremony on Tuesday, December 10, 2024, inside the Council Chambers at City Hall. In addition, new City Clerk Melissa Rhodes and City Treasurer Jorge Rojas, Jr. will also be sworn in that night.

On November 20th, Bernal posted on his campaign Facebook page both an announcement of his “Swearing-in ceremony” and a brief video in which he said, “Hey, Antioch. Ron Bernal, here. I just want to thank everybody for this amazing campaign that we’ve been on for the past 10 months. The support, the people that have volunteered and helped with this campaign has been really humbling and I’m just grateful for everybody that has made this a victory that we can all be proud of and all take credit for.”

“So, I want to invite you all out on December the 10th, Tuesday night to the swearing in for myself, for the new council members and for our new treasurer and city clerk,” he continued. “Again, thank you very much for this wonderful journey and it’s just beginning.”

According to the Official Results from the Contra Costa County Elections office, Bernal defeated incumbent Lamar Hernandez-Thorpe by more than a two-to-one margin, 25,791 votes or 61.98 percent of the vote to 12,783 or 30.72 percent. The third candidate in the race, Rakesh Christian garnered 3,041 votes or 7.31 percent of the vote.

District 2 Council

On his campaign Facebook page on Nov. 18, Rocha posted a photo of the three council election victors with a brief invite. He wrote, “Swearing-in ceremony for Mayor Ron Bernal, City Council Members Don Freitas and I will be held at the Antioch City Council meeting on Tuesday December 10, 2024 @ 7 p.m. Please show your support by attending the open public meeting.”

In his race for the District 2 Council seat Rocha defeated his opponent with 5,261 votes or 57.81 percent of the vote to Parks and Recreation Commission Chair Dominique King’s 3,841 votes or 42.2 percent.

District 3 Council

I his race for the District 3 Council seat Freitas defeated his two opponents with 5,735 votes or 49.19% of the vote to newcomer Addison Peterson’s 3,391 votes or 29.09 percent, and Board of Administrative Appeals Vice Chair Antwon Webster’s 2,532 votes or 21.72 percent of the vote.

Mayor Pro Tem

Although Freitas received the most votes in the two council races, because Rocha received the highest percentage of the vote, he will be elected by his fellow council members as the Mayor Pro Tem for 2025, according to the city’s ordinance after it was changed a few years ago. Freitas will have the position in 2026.

City Treasure and Clerk

In the City Treasurer race, newcomer Rojas defeated his two long-time, local officeholder opponents with 14,602 or 37.56 percent of the vote to current District 3 Councilwoman Lori Ogorchock’s 12,290 votes or 31.61% and former Mayor and City Treasurer Jim Davis’ 11,986 votes or 30.83% of the vote. Rhodes was the only candidate for Antioch City Treasurer and garnered 33,089 votes.

Council Meeting Details

The Antioch City Council’s regular open session meeting begins at 7:00 p.m. in the Council Chambers at City Hall, 200 H Street in historic, downtown Rivertown. The meeting can also be seen via livestream on the City’s website at https://www.antiochca.gov/government/city-council-meetings/live/ or viewed on either Comcast local cable channel 24 or AT&T U-verse channel 99.

Made by estranged wife during divorce proceedings

Leak exposes City to lawsuit

“This is unfortunate. This is a private, personal matter and has nothing to do with Chief Ford’s past performance” – former City Manager Con Johnson who hired Ford.

By Allen D. Payton

An article by the East Bay Times published Tuesday, December 3, 2024, revealed an administrative investigation of possible misconduct by former Antioch Police Chief Steven A. Ford with a subordinate city employee during his brief tenure in the position. Ford was hired as interim police chief in April 2022 and was appointed to the permanent position that October. He retired from the position effective August 11, 2023.

An email from Ford’s estranged wife, Julia, who is pursuing a divorce, was sent to District 1 Councilwoman Tamisha Torres-Walker about the allegations, who in turn informed City Manager Bessie Scott who then began an investigative process. It was confirmed today, Thursday, December 5, that the email referred to in the Times article was sent by Scott only to Mayor Lamar Hernandez-Thorpe after he asked her to put in writing details about the matter.

Rumors have circulated recently that Ford was hoping to be hired again as Antioch’s police chief following the election of the new mayor and council members. He endorsed Ron Bernal for mayor and attended an election night party in Antioch where all three candidates and their supporters celebrated.

“Scott’s email is dated Nov. 27, roughly two weeks after Ford’s estranged wife on Nov. 12 emailed city officials accusing Ford of ‘dating someone who worked in Antioch’ last year,” the Times article reads. It also claims that in her email Scott wrote she reported the allegations to the California Commission on Peace Officer Standards and Training (POST), as required by state law (see below).

In Ford’s retirement announcement on July 19, 2023, just two days after another Times article revealed additional racist text messages among the department’s officers including one referring to him, Ford wrote, “It is with a heavy heart that I forward this email to inform that I will be retiring as of August 11th. My time here has been both a tremendous opportunity and quite challenging. What is most meaningful to me are the relationships I have forged. I’m grateful for the way you embraced me and the changes we made. I firmly believe with your help and determination this organization is poised to move forward in a very meaningful way and evolve where anyone would want to work.”

The Times article is based on the reporter’s claim of an internal email by City Manager Bessie Scott dated Wednesday, Nov. 27, that he obtained, which mentions the administrative investigation for which “an outside investigator” has been hired. It also reports that Ford is currently in the midst of a divorce and that the “proceedings began around the time of his resignation.”

As previously reported, Ford’s wife was a 26-year veteran of the San Francisco Police Department at the time of his oath of office ceremony in April 2022 and she joined her husband at the podium to pin him with his new chief’s badge. 

Former City Manager Con Johnson Shares Concerns About Investigation

Former Antioch City Manager Cornelius “Con” Johnson, who worked with Ford during their time in the San Francisco Police Department, hired him for the top cop position in Antioch.

When reached for comment Johnson said, “This is unfortunate. This is a private, personal matter and has nothing to do with Chief Ford’s past performance. I understand Tamisha received an email from his estranged wife with accusations against the chief.”

“There’s not even a victim,” the former city manager continued. “I’ve never heard of an investigation into a personal matter. We’re still talking about a ghost. We don’t know who the accuser is or if that’s been verified or confirmed. Normally the person would be named. We’ve seen this in other departments. This, here, is a hit piece, a scare campaign to undermine the chief’s performance with the City of Antioch.”

“The facts that have been printed are this complaint came from his estranged wife about possible accusations,” Johnson stated. “I’d just like to caution people to not jump to conclusions until all the facts are in and give the chief the presumption of innocence. It all stems from a divorce process. This is between him and his wife.”

“The City does not have the authority to investigate a former city employee. I’m perplexed. I’ve never heard of an investigation of a former employee,” he added.

Asked about the possibility that the leaked email exposes the City to a lawsuit by Ford, Johnson said emphatically, “Absolutely. Because what ends up happening is, personnel matters are private and this should never have been leaked to the press in the first place and they don’t have the authority.”

“The city manager answers to all city council members. This is an unorthodox way to release information,” he continued. “If all of the council members have not been briefed about this matter, it’s inappropriate in and of itself. The city manager has the legal requirement and responsibility

“It’s very disturbing that two of the council members didn’t know about this and found out about it through the press. That’s completely inappropriate,” Johnson added.

Efforts to reach the former police chief for comment were unsuccessful prior to publication time.

Questions for City Staff, Mayor, Two Council Members Go Unanswered

Questions were sent Tuesday morning to City Manager Bess Scott, City Attorney Thomas L. Smith, Human Resources Director Ana Chavez and the five current council members. They were asked to whom the internal email dated Nov. 27 referenced in the article was sent, and if it was Cortez and Smith. They were also asked who is conducting the administrative investigation into the allegations against Ford.

They were asked if the council members were sent the email or informed of it before the article was published and if so, which council members.

They were also asked if they know who leaked the email to the Times’ reporter, if any of them had done so and if an investigation has been commenced to determine who leaked it.

A copy of the email was also requested to be sent to the Herald.

No responses from the city staff members were received prior to publication time.

Two Council Members Say They Didn’t Receive Email

Asked if they received the email both District 3 Councilwoman Lori Ogorchock and District 2 Councilman Mike Barbanica said they did not nor know about it before the article was published.

“Nor have I seen the email,” Barbanica added.

However, both of them said it was a personnel matter, and they shouldn’t have been apprised of a former employee.

“Since it’s a former employee and an HR issue I shouldn’t have notification. Unless there was legal action,” Ogorchock responded.

Ford is “an ex-employee who doesn’t and never did answer to the council,” Barbanica stated. “We’re not apprised of every internal investigation that occurs.”

Hernandez-Thorpe and Councilwomen Torres-Walker and Monica Wilson were also contacted separately with the same questions. Additionally, Torres-Walker was asked about the email she received from Julia Ford. But the mayor and two other council members did not respond prior to publication time.

Hernandez-Thorpe Questioned Without Response

Hernandez-Thorpe was asked separately why he found it necessary to send the city manager’s email about the matter to the media and if it was to derail Ford’s chance to return as police chief. The mayor was also asked if it was a revenge move of payback against Ford and what had happened between the two of them since the mayor had heaped praise on him during his grandiose oath of office ceremony when Ford was first appointed as Antioch’s interim police chief.

During that ceremony, Hernandez-Thorpe said about Ford, “Today, marks a new day for the Antioch Police Department and for our city, Chief Ford is Mr. Police Reform, and I look forward to his leadership getting us past our small divisions and towards a collective and shared vision for our future as a city. So, congratulations, Chief Ford for joining us in the City of Antioch.” (See related article)

Finally, the current mayor, who was recently soundly defeated for re-election and whose last day in the position is next Tuesday, was asked, “Doesn’t your action now expose you and the City to a lawsuit by Steve potentially costing the City taxpayer dollars to pay for outside legal counsel?” and “Is this how you want to leave your position?”

He did not respond to the additional questions prior to publication time.

Public Records Act Requests

A Public Records Act request was made by the Herald for any and all emails from Nov. 27 through Tuesday, December 3, 2024, by and between Scott, Smith, Cortez and Interim Police Chief Brian Addington, any other City of Antioch staff member and any council member, and any email communication by any city council and/or staff member with anyone at the East Bay Times or San Jose Mercury News regarding the allegations against Ford.

They were also asked on Wednesday, Dec. 4 to include any and all emails from council and City staff members to their own personal email accounts and to anyone else about the matter with Ford.

Finally, the four were asked if the release of the email by someone on the council or city staff to the media or anyone else about a former city employee, especially a sworn police officer expose the city and that individual to litigation by Ford.

Investigations of Police Misconduct Required by State Law

According to an article on the Police Officers Research Association of California (PORAC) Legal Defense Fund website by Mike Rains, of law firm Rains, Lucia, Stern, St. Phalle & Silver, California state law, known as Senate Bill 2 (SB-2), requires the reporting and investigation of accusations about police misconduct. Rains serves as the attorney for the Antioch Police Officers Association, of which police chiefs are not allowed to be members.

The “new law establishes a requirement that peace officers in California be ‘certified’ by POST, to serve in that capacity, and provides a new mechanism by which POST may review an officer’s alleged commission of ‘serious misconduct.’ Of major significance is the ability of POST to now make a determination on whether to suspend or revoke the officer’s certification,” he wrote.

“Beginning January 1, 2023, pursuant to section 13510.8(c)(1), law enforcement agencies are responsible for the completion of investigations of “serious misconduct” even if the officer has resigned employment,” Rains’ article continues.

The article further shares, “Penal Code section 13510.9(a)(2) requires an officer’s employing agency to report to the Commission any complaintorallegation made against an officer that could result in suspension or revocation of an officer’s certification…any findingorrecommendation by a civilian oversight entity, including a civilian review board, civilian police commission, police chief or civilian inspector general, that an officer engaged in conduct subject to suspension or revocation” and “the final disposition of an investigation that determines an officer engaged in conduct that could result in suspension or revocation of certification, regardless of the discipline imposed.”

Please check back later for any updates to this report.