Archive for the ‘News’ Category

While facing weakening of his powers Mayor Thorpe takes trip to Mexico

Tuesday, May 30th, 2023
Mayor Thorpe’s post on his official Instagram page showing he was in Mexico on Sunday, May 28, 2023 with the comment in both Spanish and the partially redacted English translation. Herald redaction.

Posts message on his official Instagram account with vulgar translation; claims it was mistranslated, later adds his intended meaning of “Don’t mess around”; but Hispanic college board president says phrase is “almost…intimidation”; 6/1/23 UPDATE: Thorpe says he informed Torres-Walker he would be out of town for Tuesday night’s meeting

By Allen D. Payton

While facing the limiting of his powers by three of his fellow councilmembers, on Sunday, while in Ensenada, Mexico, Antioch Mayor Lamar Thorpe posted a photo of himself with a vulgar message on his official Instagram account. It reads, “antioch_mayor No chingen” which translated into English means “antioch_mayor Don’t give a f—“. The post comes three days after the agenda was made public for Tuesday night’s special council meeting, called by District 2 Councilman Mike Barbanica at the end of last week’s meeting, and supported by Mayor Pro Tem Tamisha Torres-Walker and District 3 Councilwoman Lori Ogorchock. The two items would both weaken one of the two powers of the mayor, to set meeting agendas, and completely change the position from being directly elected for four years to an annually rotated position among all five council members. (See related articles here and here)

Above the photo in which Thorpe appears serious and pensive, it reads “Valle de Guadalupe, Ruta del Vino, Ensenada” which is in Mexico.

He was sent questions via email late Monday night asking what he was referring to in his Instagram post on Sunday and specifically, “Why don’t you ‘give a f – – -‘?”

The mayor was asked if he is upset about what the three council members are attempting to do to weaken one of the powers of the mayor regarding setting meeting agendas and switching to an annually rotated instead of a directly elected mayor.

Thorpe was also asked, “as an elected representative, do you think it’s appropriate to use that kind of language in Spanish or English, especially on one of your official social media accounts?”

He was also asked about the trip and it’s timing: “Why are you in Mexico? How long have you had this trip planned? When did you book your flight? Or did you drive there and if so, when did you leave Antioch? If it was planned before last Tuesday night, why didn’t you mention that during the council meeting when Councilman Barbanica called for the special meeting for this Tuesday night, May 30 and it received the support from two other council members? Or will you be back from Mexico in time to attend the meeting?”

Finally, he was asked if he has anything else to share about the Instagram post or the two items on the special council meeting agenda.

Barbanica Didn’t Know Thorpe Would Miss Meeting

When asked about Thorpe being in Mexico, Barbanica said, “Had I known at the time when I called for the meeting that he was going to be out of town I would have moved it to another time. I would have loved to have everybody there. But at the time I didn’t know he was going to be out of town.”

Thorpe Claims Mistranslation by Instagram But Won’t See What He Meant

In response to the questions, Thorpe wrote the following via email Tuesday morning:

“So that I’m clear, if I had a public statement to make I’d make it. Right now, I have no statement regarding an issue that’s a non starter. I don’t send subliminal messages. You’re suggesting I’m on vacation not because it’s Memorial Day weekend (one of the busiest travel weekends in the nation) but instead because of a special meeting…after 6 years in elected office, I’ve never sent a ‘subliminal message’ as you’re suggesting.”

Thorpe then made the same claim of mistranslation about another post on his official Instagram page showing him standing in front of a painting of multi-colored wings.

“In case you wanted more examples of Meta broken translator: ‘Pintate de colores y buela como superman’ is also translated incorrectly,” he wrote.

That translated on his Instagram account to “Paint colors and grumble like Superman”.

He later provided his own translation of “Get outta here”.

More Questions Go Unanswered

Thorpe was pressed further asking him to explain what he meant since he claims it’s not intended to be a subliminal message and it’s been mistranslated. He was also asked, “if, as you claim, the Meta translator is broken and it’s an incorrect translation, what is the correct translation of ‘no chingen’?”

He was informed that the word in Spanish appears to be misspelled as the word found on SpeakLatino.com is “chinguen” which is conjugated from the word chingar meaning either: 1. to importune, disturb; 2. to have sex (offensive); or 3. to frequently have wine or drinks (colloquial)

Thorpe was then asked, if “no chinguen” is what he meant to write and if so, which of those meanings did he intend by his post. “Did you mean you don’t want to be disturbed? Or that you’re not drinking? Since that’s supposedly colloquial, and if the latter meaning is what you intended, wouldn’t a better word to use be ‘no beben’?”

He was also asked, “If ‘don’t give a f—-‘ is not what you intended to write, but is translated that way, why haven’t you yet corrected or deleted the comment or post?”

The mayor was asked what “Pintate de colores y buela como superman” translates to in English. Google Translator shows the meaning to be, “Paint yourself colors and ox like superman”.

Thorpe was asked again, if he will return in time for tonight’s council meeting and if not, when did he plan his trip and if planned before last Tuesday night’s meeting, why didn’t he mention it when Councilman Barbanica called for the special meeting to be scheduled for tonight.

Because of a concern that Thorpe intentionally misses certain meetings and the Public Comments portion of meetings he was reminded of being an hour late to the May 9th council meeting for which he missed the Public Comments period. Thorpe was asked if it was true that he was in the mayor’s office upstairs inside City Hall taking his online DUI class at the time.

Thorpe Continues to Refuse to Say What He Meant

The mayor replied, “Again, the issue is a none starter [sic]. So, I can’t ‘send’ a message, directly or indirectly, about something that does not impact the role of the elected mayor.”

One Last Attempt to Get Answers

Thorpe was then sent additional and some of the same questions once more asking, “since what you wrote in Spanish is clearly not understood by most of your constituents and you claim it was mistranslated how can they know it has nothing to do with your role as the elected mayor? What did you intend to write in Spanish that you claim was mistranslated into English? Did you check the translation before finalizing your post?”

He was informed that the SpanishDictionary.com shows the phrase he posted means “don’t f—” with a related phrase of “No chinguen conmigo o se van a arrepentir. – Don’t f— with me, or you’ll regret it.”

Thorpe was also informed that someone whose family is from Mexico and spends a lot of time there said it could mean, “I don’t care” or it’s a warning meaning “don’t mess with me”, “don’t say anything on this” or “you better let this go”.

He was then asked if one of those were the meaning he intended to send.

Thorpe was also asked to support his claim of mistranslation to provide the correct translation of his other post of him standing in front of a painting of angel wings and mentioning Superman. He was also asked now that he’s aware of the vulgar “mistranslation”, as he claims, why he hadn’t deleted the comment.

Again, the mayor was asked, “when did you plan your trip to Mexico? Did you just go for the weekend? Will you be back in town in time for tonight’s meeting? If not, is the trip to avoid attending tonight’s council meeting? Finally, again, if you planned the trip before last Tuesday night, why didn’t you mention it during the council meeting?”

He was also asked again about his hour-long absence at the beginning of the May 9th meeting, where he was, what he was doing and why.

Screenshot of the edit and redacted English translation of Thorpe’s Instagram post on Wed., May 20, 2023 at about 4:45 p.m. Herald redaction

Translation of Thorpe’s Post Changed, Finally Provides His Intended Meaning

Redacted change in translation to Thorpe’s Instagram post on Wed., May 30, 2023 at about 2:00 p.m. Herald redaction

At about 2:00 p.m. on Tuesday, the translation to English of Thorpe’s post was changed to read simply, “Don’t f—.”

Thorpe was asked if he had changed the translation or if the system had done that.

He responded, “I changed ‘chingen’ to ‘chinguen’. You said I misspelled it so I changed it. How it translates I don’t control.” Then Thorpe wrote, “Let me see if I can manually fix it.”

He was then asked once more what he meant by his post.

As of about 4:45 p.m. his post had been edited but still read, “No chingen” and translated to “Don’t give a f—-”.

Thorpe then wrote, “Looks like there’s a translate area in settings but can’t figure out how to turn off. I already told you the meaning in a previous email— don’t mess around.” 

“Can’t fix but added my translation at the bottom on both posts,” he added.

The final version of his post now includes the words, “Don’t mess around.”

Thorpe was asked again when he had planned his trip, if he is back in town and if he will be attending the meeting. The mayor did not respond.

Screenshot of Thorpe’s translation to his Instagram post on Wednesday afternoon, May 30, 2023.

Hispanic College Board President Says Phrase is “Almost…Intimidation”

Asked the meaning of the phrase Thorpe posted, Contra Costa Community College Board President Fernando Sandoval, who represents Antioch, said the meaning of the phrase is “don’t f— with me”.

“It’s almost a level of intimidation, especially being posted on there,” he added.

Thorpe Said He Informed Torres-Walker He Would be Out of Town During Special Meeting

6/1/23 UPDATE: After returning from Mexico, Thorpe said he had informed Torres-Walker after the meeting on Tuesday, May 23 that he would be out of town, this week and would not be attending this past Tuesday night’s meeting, and asked her to inform Barbanica.

The special council meeting begins at 7:00 p.m. in the Council Chambers and can be viewed livestream on the City’s website.

Unprecedented special Antioch Council meeting on setting future agendas, switching to annually rotated mayor, May 30

Friday, May 26th, 2023

Change in how mayor is chosen requires vote of people, would result in redistricting to five council districts

First ever special meeting called by three council members not the mayor set for Tuesday at 7:00 p.m.

By Allen D. Payton

At the request of District 2 Councilman Mike Barbanica, with the support of Mayor Pro Tem Tamisha Torres-Walker and District 3 Councilwoman Lori Ogorchock at the end of Tuesday night’s meeting, the Antioch City Council will have an unprecedented special meeting next Tuesday, May 30 at 7:00 p.m. to discuss two matters. It will be the first not called by the mayor. (See related article and May 30th agenda)

The first item, specifically requested by Barbanica at the end of the Tuesday, May 23rd council meeting, is a discussion on a proposed agenda setting process for future city council meetings. Currently the mayor sets the agenda with input from the city manager, and placing requests by other council members when he chooses. That is supposed to be done within six months of the request based on the council policy adopted during former Mayor Wade Harper’s term. However, it hasn’t always been followed.

Barbanica said he and Torres-Walker held two meetings on the matter and developed a seven-point plan which they will present during the meeting.

Proposed Switch to Rotated Mayor

The second matter for discussion, also proposed by Barbanica, is the consideration of a process to transition the city from four to five election districts and to change the process from designating the mayor from being elected directly, citywide for a four-year term to a mayor serving a one-year term on a rotating basis, as is currently done for the position of mayor pro tem.

Asked if the second proposal was his, Barbanica said, “I called for the special meeting on the one item. Afterwards, I was thinking about it and I added the second item about switching to a rotated mayor.”

“I called Tamisha to ask her thoughts about it and she said, ‘yes, let’s add it,’” he continued. “I called (City Attorney) Thomas (Smith). He got a third person to agree, and I spoke to him later in the afternoon so, he said we’re going to place it on the agenda.”

“We just agreed to place it on the agenda. No one has approved anything at this point,” Barbanica stated. “It would have to go to the voters, of course.”

“I initially brought this to her (Torres-Walker) on Saturday afternoon when I was sharing with her about the need for the EOC,” the councilman shared. “We came to an agreement on that. We also spoke about the MRAP. What I proposed is, we need to replace it, anyways, let’s get rid of it, but not now. Then why don’t we bring in a police department-based vehicle. The police department wanted it anyway. I reached out to the department, and they said we’re 100 percent on board.”

“I’m very appreciative of the time she and I spent discussing ideas. This was hours that we spent going over things,” Barbanica continued. “We came up with the seven-point plan together. We bounced ideas off each other.”

“She initially reached out to me to talk about the agenda. That turned into conversations about the EOC, the MRAP and how the agenda was put together,” he explained. “I was appreciative that we spent hours on this, together.”

“I don’t want to take full credit for this. It’s something we worked together on. She was very receptive to my ideas. It was a back-and-forth thing,” Barbanica wanted to make clear.

“This was very much a collaborative effort with both of us being willing to compromise,” he added.

If approved at a future council meeting switching to a rotated mayor would require a vote by the public and the city undergoing another redistricting process for future council elections with three seats up one year and the other two seats two years later. That’s how the process is handled in most of the 19 cities in Contra Costa County. Besides Antioch, only Richmond, San Ramon, Martinez and Brentwood have directly elected mayors.

“We’re consulting an elections attorney, right now to make sure we understand the process and determine the next steps if the council majority agrees we want to look into it further,” Barbanica added.

Powers and Duties of the Mayor

The mayor has only two powers that the other city council members don’t, which are to set council meeting agendas and nominate council members and residents to committees, commissions and boards. The appointments still require the support of at least two other council members. The mayor also gets to sign ordinances, resolutions and proclamations and represent the City at the monthly county Mayor’s Conference.

Attempts to reach Torres-Walker for comment on this were unsuccessful prior to publication time. Please check later for any updates to this report.

Antioch letter carrier robbed, U.S. Postal Inspection Service offers up to $50K reward

Friday, May 26th, 2023
Source: USPIS

By Allen D. Payton

According to the U.S. Postal Inspection Service, on May 4, 2023, a letter carrier was robbed at approximately 3:23 p.m. on Kendree Street in Antioch.

The U.S. Postal Inspection Service is offering a reward of up to $50,000 for information leading to the arrest and conviction of the suspects (pictured).

Take no action to apprehend these persons yourself. If you have any information about this incident, please call 1-877-876-2455 (say “Law Enforcement”). Reference Case No. 4030903-ROBB. All information will be kept strictly confidential.

Efforts to reach Antioch Police Department PIO, Corporal Price Kendall for additional details were unsuccessful prior to publication time.

Please check back later for any updates to this report.

Couple shot, female dies in Antioch Thursday night, police seek suspect

Friday, May 26th, 2023

Possibly domestic violence related; City’s second homicide this month

By Lt. John Fortner, Antioch Police Investigations Bureau

On Thursday, May 25, 2023, at approximately 8:45 PM, the Antioch Police Department Dispatch Center started receiving numerous 9-1-1 calls reporting multiple gunshots being fired at the 4400 block of Delta Fair Boulevard.

As officers were responding, witnesses called to report two victims were down on the ground and yelling for help. When officers arrived at the scene, they located two victims outside. One male victim was suffering from at least two gunshot wounds to his legs, and one female victim was suffering from what appeared to be two gunshot wounds to the head. Evidence at the scene indicated the incident occurred outdoors in front of several residences. Officers immediately began administering first aid and called for fire department and AMR paramedics. The 43-year-old male victim was transported to a local area hospital, and the 39-year-old female victim ultimately succumbed to her injuries at the scene.

Prior to police arrival, the suspect fled the area in a vehicle and has not been contacted by police. During the preliminary investigation, it appears the victims and the suspect knew each other, and this homicide is likely domestic (violence) in nature.

Antioch Police Department’s Investigations Bureau responded to the scene and took over the investigation. Currently, detectives are interviewing witnesses and residents in the area and are working to identify any suspects or persons of interest. The investigation is still active, and evidence is being collected.

This is the City’s second homicide of the month.

Anyone with information is asked to contact Detective Duffy, aduffy@antiochca.gov at (925) 779-6884, or Detective Gragg, rgragg@antiochca.gov at (925) 779-6889. You may also text-a-tip anonymously to 274637 (CRIMES) using the key word ANTIOCH.

Allen D. Payton contributed to this report.

Antioch Mayor Thorpe accuses Councilwoman Ogorchock of a past “white privileged outburst”

Thursday, May 25th, 2023
Mayor Thorpe chastises and points his finger at Councilwoman Ogorchock during discussion of the previous meeting minutes at the council meeting on Tuesday, May 23, 2023. Video screenshot

During discussion of previous council meeting vote on minutes; says he’s “not here to…appease white fragility”

By Allen D. Payton

After calling for the firing of the Antioch Police Officers involved in the racist text scandal last Friday, at Tuesday night’s Antioch City Council meeting, May 23, 2023, during discussion of Item A, which Mayor Lamar Thorpe removed from the Consent Calendar agenda, he requested the council reverse its previous 3-0 vote by Councilmembers Lori Ogorchock, Mike Barbanica and Monica Wilson, to have the city clerk add more details to the minutes with his verbatim comments during the April 11th council meeting. That was the night he yelled at a resident during public comments. The minutes described the mayor’s comments as, “Mayor Thorpe expressed his frustration with previous public comments and declared a recess at 7:55 P.M.” (See related article)

During the Consent Calendar at the beginning of the May 9th council meeting, for which Thorpe arrived an hour late and Torres-Walker was absent, Ogorchock said there were three people who had reached out to her saying, “the minutes did not reflect what was stated exactly under the mayor’s comments and his response. So, I’m asking that the comments come back with an accurate statement of what was said.”

“And I also received similar feedback from the public and that’s no reflection on the Clerk’s Office, at all,” Barbanica said. “But several people from the district that reached out to me requesting the same thing.”

Wilson, who was running the meeting as the ranking member, asked City Attorney Thomas L. Smith, “do you have anything to say on that point? Or we can just go ahead…”

“If that’s the wish of the council then the Clerk’s Office can make that adjustment,” he responded.

“Make that adjustment and bring those minutes back. OK,” Wilson stated.

“So, is that direction?” Smith asked.

“Yes,” Wilson responded.

The council then voted 3-0 to bring back the minutes from the April 9th meeting with the adjustment to Thorpe’s comments.

During last Tuesday night’s meeting, Thorpe objected and made a motion to rescind the previous vote to have the City Clerk’s Office change the April 9th meeting minutes. (See 46-minute mark of May 23rd council meeting video)

“The reason I’m doing this is because we typically do summary minutes. We have not gone outside of that,” he said. “If we’re going to start picking and choosing what we’re going to put in the minutes that are verbatim, then I’d ask that all the minutes come back and we review them and an put outbursts by Councilmember Ogorchock, we can put other things in there when I had to use the gavel.”

“So, if people want to play games, that’s fine. I’m not participating,” Thorpe added. “That’s my motion.”

“I don’t think we should do that. I think we should stick to the summary minutes format,” he later said in explaining his motion to Torres-Walker who seconded his motion.

Ogorchock then said, “This is not just a Councilmember Ogorchock thing, there were three votes, Mr. Mayor.”

“No, I’m pointing out your outburst,” Thorpe shot back.

“I didn’t have an outburst,” she responded.

“When you had your white privileged outburst and had your finger in my face,” he stated while pointing his finger at the councilwoman.

“I didn’t have a white privileged…” Ogorchock said as Thorpe continued by saying, “like (Arizona Governor) Jan Brewer did with Barack Obama, you absolutely did.”

When you had your finger in my face,” he repeated while again pointing his finger at her. “So…”

“Keep going,” she responded.

“No, I’m done. Now you’re turn,” the mayor said.

“I’m surprised you’re giving me time to talk. You gave me the floor and keep going,” Ogorchock retorted. “It was not just me. It was a 3-0 vote.”

“I didn’t say it was just you,” Thorpe stated.

“It was a 3-0 vote,” she repeated.

“OK,” he said.

“And the vote passed,” Ogorchock pointed out.

“And my motion was to rescind it,” Thorpe said.

In response to another question by Torres-Walker the mayor who became increasingly heated said, “this motion is to undo the political game they’re trying to play, here. That’s it. If it’s a no, then you want to play this game and have the minutes reflect the verbatim transcript which is more work on the Clerk’s Office, and unfair and unnecessary.”

“Because,” Thorpe continued while looking at and gesturing toward Ogorchock, “when you had your white privileged outburst I didn’t request that.”

She denied the accusation again and he repeated it, once more.

“So, I’m sorry. I’m not playing this game,” the mayor repeated. “So, please cast your votes.”

Following the 3-2 vote, with Wilson switching her position, to keep the summary of the incident in the council meeting minutes with Ogorchock and District 2 Councilman Mike Barbanica voting no, Thorpe added, “Alright and just so we’re clear, I’m not here to cave or to, you know, appease white fragility. I’m not.”

The meeting then continued.

Antioch councilman calls for special meeting on setting future council agendas

Thursday, May 25th, 2023
District 2 Councilman Mike Barbanica called for a special meeting as Mayor Pro Tem Tamisha Torres-Walker looks on during their meeting on Tuesday, May 23, 2023. Video screenshot.

Garners support of two councilwomen

Barbanica says he and Torres-Walker developed 7-point plan

By Allen D. Payton

At the end of the Antioch City Council meeting, Tuesday, May 23, 2023, during Council Communications, District 2 Councilman Mike Barbanica called for a special meeting to discuss when and how things are placed by the mayor onto a council agenda. He garnered the support of Mayor Pro Tem Tamisha Torres-Walker and District 3 Councilwoman Lori Ogorchock. (See 3:43:43 mark of the meeting video)

Barbanica said, “last council meeting I asked for the tobacco ordinance to come back to this meeting. It did not. Mayor Pro Tem Torres-Walker and I had two meetings. I’m calling for a special meeting on Tuesday, 5-30-23 at 7 p.m.

As the councilman was speaking, Mayor Lamar Thorpe left his seat at the dais.

Barbanica continued to speak saying he wanted the meeting in order “to revamp how our agenda is handled for council to give all council members much more say in what is placed on the final agenda. We’ve put together a seven-point plan.”

Currently, the mayor sets each council meeting agenda working with the city manager.

“I agree with the special meeting to discuss the agenda,” Torres-Walker stated. “Since I’ve been on this council, I’ve had an issue with the six-month timeline for items being placed on the agenda.”

Ogorchock then said, “I’ll support that.”

“In terms of the agenda, I’ve been pretty transparent about delaying things,” Antioch Mayor Lamar Thorpe responded. “One of the biggest challenges is the budget. What we’ll start seeing is I was planning on calling a special meeting for a six-month review. I’ve asked the city attorney what’s a realistic timeline for staff. I’ve heard some of the concerns that staff has. So, I get it from staff, and I hear what they say with their concerns we’re frontloading items. Then we lost Con Johnson. So, I’ve been very clear I’ve slowed things down.”

“We now contract out a lot of these ordinances,” he added.

“And I understand your comments. But I made a simple request at the last meeting. The council majority supported it, but it didn’t happen,” Barbanica stated. “So, my request for a special meeting, stands, and we’re going to completely revamp how this agenda is developed so that the council majority has a greater say.”

“I’ll say, again, the ordinance is coming back,” Thorpe responded. “But I’ve got to work with staff.”

With three councilmembers supporting the call for a special meeting, it must occur, according to past advice from City Attorney Thomas L. Smith.

The special meeting has been set for next Tuesday.

College District makes Interim President Dr. Pamela Ralston of Los Medanos College permanent

Wednesday, May 24th, 2023

By Marisa Greenberg, Marketing & Communications Coordinator, 4CD

Dr. Pamela Ralston

The Contra Costa Community College District (4CD) has selected Dr. Pamela Ralston as the seventh permanent president of Los Medanos College (LMC). The 4CD Governing Board will vote on ratification of her contract at their June 14, 2023, meeting. The announcement was made following a search that began in February 2023.

“Dr. Ralston brings tremendous experience and commitment to improving student success and student equity by working collaboratively with faculty, staff, and administrators,” said Interim Chancellor Mojdeh Mehdizadeh. “Through the development and support of strong, innovative programs, and in designing a supportive environment where both students and staff feel respected and appreciated, I am confident we have chosen a leader who is a great fit for 4CD, Los Medanos College, and the East County community.”

Over the course of a two-decade career in public higher education, Dr. Ralston has served as the Interim President at Los Medanos College, President at Santiago Canyon College, and Executive Vice President of Educational Programs at Santa Barbara City College, where she led the academic and student services programs. A passionate advocate for diversity, equity, and inclusion in education, Dr. Ralston has worked to create a welcoming and inclusive environment for all students, with special attention to the strengths that their cultural backgrounds and ethnic identities bring to their college experiences.

Dr. Ralston earned a bachelor’s degree in English from the University of Oregon and Master of Arts and doctoral degrees from the University of Washington in Comparative Literature.
“I am honored to be selected to lead this incredible higher education institution,” said Dr. Ralston. “I am eager to help maintain and expand LMC’s legacy of educational excellence, promote community college as a great choice for our students, while building stronger connections and partnerships with our community.”

The Contra Costa Community College District (4CD) is one of the largest multi-college community college districts in California. The 4CD serves a population of 1,200,997 people, and its boundaries encompass all but 48 of the 734-square-mile land area of Contra Costa County. 4CD is home to Contra Costa College in San Pablo, Diablo Valley College in Pleasant Hill, Los Medanos College in Pittsburg, as well as educational centers in Brentwood and San Ramon. The District headquarters is located in downtown Martinez. For more information visit www.4cd.edu.

Antioch council majority agrees to revise policy on hiring outside attorneys so it doesn’t apply to them

Wednesday, May 24th, 2023

Torres-Walker, Thorpe repeatedly interrupt city attorney during discussion

By Allen D. Payton

During Tuesday night’s Antioch Council meeting agenda on May 23, 2023, the council reviewed the City policy, for all of its departments, regarding the selection of contracted attorneys and the review, authorization and execution of all agreements for legal services and services to be provided by attorneys to the City. But the focus was revising the policy so that the council is not included.

Currently City Attorney Thomas L. Smith is charged with that responsibility based on the policy approved by the city council two years ago. But, last fall, the council, on a 3-2 vote, directed City Manager Con Johnson to hire an outside attorney for them on an invalid contract after Smith warned them three times not to, according to District 1 Councilman Mike Barbanica. That cost the city $39,000. (See related article)

According to the city staff report on the item, the Antioch City Council on February 26, 2021 approved the following:

“1. The City Attorney shall exercise discretion over the selection of all attorneys providing Legal Services, as defined herein, for the City including all of its departments.

2. [A]ll agreements for the provision of Legal Services, as defined herein, to the City, including all of its departments, or on behalf of the City that are to be paid by the City shall be submitted to the City Attorney for review and approval, and the City Attorney shall have the discretion to approve and execute all such agreements on behalf of the City when the City Attorney determines the agreement is consistent with Antioch Municipal Code, Title 3, Chapter 4, Article II. Any agreements for Legal Services to the City or on behalf of the City that are not approved by the City Attorney in writing shall be void.

3. [A]ll invoices for Legal Services, as defined herein, shall be required to be submitted to the City Attorney for review and payment through the City Attorney’s Office. No payment shall be made for Legal Services pursuant to existing or future agreements unless approved in writing by the City Attorney. Therefore, the budgeted amount for the City Attorney’ s Office shall include the amounts necessary for the payment of such invoices.”

“I think that pretty sums it all up,” said resident Andrew Becker during public comments on the item. “We approve ordinances in this city which are the law then we come to meetings, brazenly and we try to find a way to work around them. Whatever those determinations are you still have to live inside what the law is. You open us up…and you so brazenly do it. I voted for it with the understanding you would follow the laws in this city. Sometimes the law…means fixing it. But fixing it doesn’t mean circumventing it. Every time something comes to a vote we hear what the mayor says how he wants it to go and we take it. But for you to say we’re going to take our current policies and throw them out the window? For you to go on record and so brazenly say, we’ll figure out. The law? That’s how the healthcare district dissolved.”

“This item is being brought because this is a new policy. We adopted it as part of our police reform,” Thorpe said. “We wanted the city attorney to review the hiring of attorneys. In the past the police department just went and hired their own attorney. As has happened often, this policy binded us as a city council. But we’re the governing board.

“The California government code says the city attorney shall advise the council on all legal matters,” Smith interjected.

“We heard you the first time, thank you,” Thorpe responded. “This policy didn’t allow us to go get a second opinion. As a governing board…we should be able to do that.”

“The very same reason we created this policy is because the community is saying the police department’s internal affairs. Police shouldn’t review themselves,” Torres-Walker stated. “If we don’t trust what the city attorney is giving to us, we should have the right to get a second opinion without the city attorney. Our city attorney shouldn’t be able to hire an attorney to look into themselves.”

“Yes, it was a good policy in hindsight. But the council shouldn’t be included,” she added.

“I’d like to address that. If you don’t trust the people you’ve hired…” City Attorney Smith began saying.

“I don’t think we’re here for the council to get into a back and forth with the city attorney,” Torres-Walker said speaking over him. “I didn’t ask a question of the city attorney.”

Thorpe then allowed him to speak.

“I think it’s important what you said. If you don’t trust your city attorney, you have the ability to hire any city attorney you want. It only takes three votes,” Smith stated.

Torres-Walker interrupted him, again.

Thorpe stopped her and said, “I don’t want to get into a back and forth.”

“I just have to say is if there is a trust issue you can hire…” Smith began saying before being cut off, again.

“I think we’re all aware of that,” Thorpe responded.

“Perhaps the proper terminology isn’t a lack of trust but a disagreement with the advice being offered,” Torres-Walker clarified. “We should be able to seek outside counsel.”

“If we want a second opinion, we should be able to get a second opinion,” Thorpe said asking to have the policy revised.

“I went back and looked….I did not vote for it originally,” Ogorchock said. “I’m not in favor of this, now. He’s just reviewing the contract.”

“No. He would select the attorney,” Thorpe responded. “And we wanted this, and it included us. But I don’t think we should have to get a permission slip.”

“There has to be a city out there similar to ours,” Wilson said. “I can’t imagine there’s not a process that we can take to hire an attorney not of your choosing.”

“Before this policy, that was the case,” Thorpe responded. “If we wanted a second opinion, we could give direction to the city manager to hire an outside attorney. There are different examples. But I don’t want to go down that road. I’m just saying we shouldn’t be a part of this policy. All I’m asking is for that modification to this policy which I still think is a good policy.”

“I think we should go back and revise it,” Torres-Walker said. “There’s never been an instance when I didn’t trust our city attorney. So, I didn’t use the right language. But there was an instance when I didn’t trust the process. City Attorney, this isn’t me saying I don’t trust you. I should have used different language.”

Barbanica then said, “initially I was not for this. I’m fine with the policy the way it is, today.”

Ogorchock simply said, “no.”

Wilson supported revising the policy, agreeing with Thorpe and Torres-Walker that it should not apply to the city council. A revised policy will return for a future vote.