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Supports cutting gas taxes, opposes facemask mandates for school children, announces endorsements; district includes all of Antioch

Erik Elness, a 25-year Brentwood resident and business owner, filed paperwork with the Contra Costa County Elections Department on Friday, March 18, 2022, and was certified as an official ‘Write-In Candidate’ for the April 5, 2022 Assembly District 11 Special Election. The AD-11 seat was vacated when former Assemblyman Jim Frazier resigned on December 31st.

“I decided to run as a write-in candidate, because I wanted to give the hard-working voters of our Contra Costa and Solano district a choice of who they want to vote for in this special election,” Elness stated. “Government has grown bigger and more controlling, and individual liberty has been gradually taken from us.”

A Republican, he is challenging Democrat Suisun City Mayor Lori Wilson who is the only candidate to file in the race. While her name will appear on the ballot, voters must write in Elness’ name to vote for him.  The winner will serve out the remainder of the term through the end of the year, in the current district which includes Antioch, Brentwood, Oakley, Discovery Bay, Bethel Island, Byron, Knightsen and portions of Pittsburg in the Contra Costa County part of the district.

Within several days of announcing his candidacy, Elness was unanimously endorsed by the Solano County Republican Central Committee and endorsed by CD-8 Congressional Candidate, Major Rudy Recile (U.S. Army, retired), former CD-9 Congressional candidate Antonio Amador, and former AD-11 Assembly candidate Dave Miller. In addition, former AD-11 candidate Lisa Romero has endorsed him, as well.

Elness said he was shocked to learn the Assembly Democrats recently voted against temporarily suspending 50 cents per gallon off the state gasoline taxes. He agreed with the bill to cut state gas prices, adding, “the people of California need relief, now from increasing gas prices, impacting their budgets and our economy. That bill was one simple way to help accomplish that.”

Elness also stated, “I’m ‘pro-choice’ when it comes to COVID vaccines and masks. I don’t believe our children should be forced to wear masks at school.”

“Sacramento politicians are out of touch with the needs of the people who live and work in our neighborhoods. I worked corporate jobs for 23 years and I’ve been a small business owner for nearly 13 years, running a successful family business with my wife,” Elness shared. “We deserve a representative in Sacramento in tune with the issues, concerns, and challenges facing families in our community.”

“I support equal opportunity in education, with every child in every neighborhood receiving a quality education,” he stated. “I applaud successful public schools (my kids had a lot of great teachers in public schools.) But I believe families should have choices when it comes to home school, private or charter schools.’

“I strongly support the U.S. Constitution and I will strongly oppose any new State laws that infringe on our Civil Rights, including our Second Amendment right to bear arms,” Elness continued. “I support our firefighters, local law enforcement officers and deputy district attorneys who work tirelessly to protect our Constitutional liberty and keep our neighborhoods safe.”

To learn more follow his campaign on Facebook at Erik Elness for CA Assembly, District 11 and Instagram at erikelnessforassembly.

To vote for Elness in the April 5 Special Election, simply fill in the ‘bubble’ in the write in section and neatly print his name, “Erik Elness” on the write in line.

Allen D. Payton contributed to this report.

 

Before new chief on staff leaving city without a police chief during that time; violated Morefield’s rights as a city employee and police officer; still police chief as of Friday, March 25

By Allen D. Payton

It was reported earlier this month by multiple sources who all chose to not be identified, and now confirmed with copies received anonymously on Thursday, March 24, 2022, that on Thursday, February 24, 2022, at 8:49 AM, Interim Antioch City Manager Con Johnson sent a letter by email to current Interim Police Chief Tony Morefield, that Morefield had been terminated. Johnson copied all five city council members, plus City Attorney Thomas Lloyd Smith, the president of the Antioch Police Officers Association Corporal Steve Aiello and Dr. Steve Ford.

It was the day after Mayor Lamar Thorpe announced the hiring of Ford as the city’s new interim police chief, but who was not on city staff at the time, as he had not yet passed his background check. That left the city without a police chief for a little more than an hour and possibly longer as it’s been reported that Johnson met with Morefield earlier that morning to inform him of the decision. (See related article)

According to the reports, immediately after receiving the email, Smith went to Johnson’s office and told him he needed to retract it. That is assumed what Johnson did in a following email at 10:05 AM the same day. But it is unclear because in that second email the interim city manager wrote he was “tracking” the letter of termination, not retracting it.

Because Johnson included Ford in the emails, they no longer have protection as a personnel matter according to an outside attorney consulted by the Herald. Yet, Smith has refused to release them to the media, even after multiple Public Records Act requests were submitted.

Also, according to the reports, the announcement of Morefield’s termination quickly spread throughout the Antioch Police Department and had also been previously announced to other department heads by Johnson.

Questions for Johnson Go Unanswered

An email was sent on Monday, March 7, 2022, to Johnson, copying the city council members, City Attorney, Morefield, Assistant City Manager Roseanna Bayon Moore and city Public Information Officer Rolando Bonilla with the following: “I’ve been informed that an email was sent out by you, as the interim city manager to council members and city staff in which you announced you had fired Interim Police Chief Tony Morefield and a follow up email in which you wrote that you were tracking those emails. Please provide copies of those emails.

Did that mean you’re tracking where those emails are sent and to whom by those who received it? Or did you intend to write that you’re ‘retracting’ the previous email? If the latter, was your action retracted? If not, what day did you fire the interim chief? (That last question has been answered as Morefield continued in his position as of Thursday, March 24).

Why did you believe it was necessary to send out such an email? Had Dr. Ford already passed his background check by then? Or were your emails sent out prior to Lamar making the announcement of Dr. Ford’s hiring at the press conference, to which at least three of the other four council members weren’t invited and who also knew nothing about the appointment? (It wasn’t clear at the time if Johnson’s emails were sent on Feb. 23 or 24).

Is that the normal procedure and standard practice for how things were handled in the City of San Francisco and/or in the SFPD while you worked there? Send out an email blast announcing an interim department head has been fired?

Why did you retract it, assuming that’s what you intended to write in your second email? Was it because it wasn’t true? Or because you had changed your mind? Did someone ask or tell you to do that?

If Dr. Ford hadn’t yet passed his background check by then, has he passed it, yet? If so, when is his start date? Also, won’t Interim Chief Morefield simply return to his role and title as a captain within the department once Dr. Ford starts?

If one of you doesn’t provide copies of the emails to me by Tuesday, March 8, 2022, at noon, please consider this is a formal Public Records Act request for copies of the two emails.

Then once I receive them, I’m sure I will have more questions.

Thomas, did Con violate personnel protections for Tony by sending out that email to others on city staff and Dr. Ford who was not yet on staff at that time?  Are you the one who directed Con to retract his first email?

How could Tony be fired without due process? Isn’t he protected by the Peace Officer Bill of Rights and as a city employee? AB301

Con, shouldn’t you have known that as a former police manager? When did you inform Tony of your decision to terminate him? Was it before you sent out the email? At what time was his termination effective? Was it announced to anyone else prior to the first email being sent out? Was another leader in the APD given the position of interim police chief between the time of the first email and the second one retracting the first? If so, when did that occur? Who was assigned that role? Was it Captain Trevor Schnitzius?”

No responses were received as of Friday, March 25 at 5:00 p.m.

Outside Attorney Says Emails Are Not Privileged

The Herald sought legal advice on the matter from an attorney who wrote the following, which was also shared via email with City Attorney Smith, Johnson, the city council members, Morefield, Bayon Moore and Bonilla shortly after 5:00 p.m. Thursday, March 17:

“In a case entitled City of San Jose v. Superior Court (2017) 2 Ccal.th 608, the California Supreme Court said that emails sent by City Officials (in that case, they were emails generated by City Council members) which relate in any way to ‘the conduct of public business’ are required to be disclosed under the Public Records Act (specifically, Government Code Section 6252(e)) even if they are sent from the public official’s personal cell phone.  There is no doubt that the email to Acting Chief Morefield from the Interim City Manager Con Johnson concerned ‘the conduct of public business.’  Moreover, there cannot possibly be a privilege attached to the email, as it was not sent to seek advice from the City Attorney, but was essentially ‘blasted’ to a bunch of people, including the person who was supposedly replacing Morefield, who was not even a City employee at the time, and others, who had no legal right to know about this ‘personnel matter’ which should have been confidential under penal code section 832.7.  Since Johnson sent it to people with whom he shared no legal privilege of confidentiality, and who otherwise had no legal right to know what was happening to Morefield, any claim that the email was ‘privileged’ is total nonsense.”

The Herald wrote smith that the emails were expected to be received on Friday, March 18. They were not.

City Attorney Fails to Respond to PRA Request Within 10-Day Legal Limit

Government agencies are required to respond to Public Records Act requests within 10 business days. The city attorney was required to respond to the Herald’s PRA request dated March 8 by Tuesday, March 23. But no response was received from Smith even as of Friday afternoon at close of business.

Councilmembers Refuse to Share Letter, Email

Mayor Pro Tem Mike Barbanica and District 3 Councilwoman Lori Ogorchock each said they would not release the emails to the Herald. However, earlier this week, Barbanica posted a video about Johnson’s letter and email. But that has since been removed.

Copies of Letter and Email Received by Herald March 24

On Thursday afternoon, March 24 copies of Johnson’s letter and his follow up email were received by the Herald from someone who chose to remain anonymous. The letter reads as follows:

“To: Tony Morefield

Captain of Police

FR: Cornelius H. Johnson

Interim City Manager

Date: February 24, 2022

Subject: Letter of Termination

Confidential

Captain Morefield,

Effective immediately, your employment with the Antioch Police Department as the Interim Chief of Police has been terminated. Please cease and desists [sic] with any further duties or responsibilities that are associated with the Interim Chief of Police position.

I want to thank you for your service while serving as the City of Antioch Interim Chief of Police. I wish you the best in your future professional endeavors.”

Johnson’s Follow-Up Email “Tracking” Termination Letter

In an email to Morefield, copying the same individuals, received at 10:05 a.m. the same day Johnson wrote:

“Subject: Letter of Termination

To All concern [sic]

Due to the personnel sensitivity, I am immediately tracking the letter of termination to Captain Tony Morefield.

Cornelius H. Johnson

Interim City Manager

Morefield Still Interim Chief

Asked Friday, March 25 if he was still Antioch’s interim police chief, Morefield said, “I am still the interim chief of police until such time as the city manager hires a new one.”

“conduct that shocks the public conscience, or which does not fall within the moral standards held by the community” – LegalDictionary.com

Will evaluate whether cases involving officers are now compromised

UPDATE: Pittsburg PD issues statement, 3 officers placed on paid leave

By Allen D. Payton

Late Friday afternoon, the Contra Costa County District Attorney’s Office announced that on Wednesday, March 23, 2022, the FBI and the DA’s Office conducted court-authorized law enforcement activity at multiple locations. The criminal investigation pertains to 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. A review of both active and closed cases involving these officers will be necessary to evaluate whether those cases are now compromised. Due to the ongoing nature of the investigation, no additional details will be released at this time.

The involved police departments and cities have cooperated with the investigation to ensure minimal disruption to their respective communities. The District Attorney’s Office will continue to work in conjunction with federal authorities along with the cities of Antioch and Pittsburg to ensure public trust and public safety.

According to LegalDictionary.com moral turpitude means, “Conduct that is believed to be contrary to community standards of honesty, good morals, or justice.” In addition, that website reads, “Moral turpitude is a legal concept that refers to any conduct that is believed to be contrary to the community standards of honesty, justice, or good moral values. While there is no one exact definition of acts that are considered under moral turpitude, they are typically described as any acts of vileness or depravity, or of sexual immorality, whether in a private or social context.  The word turpitude is defined as a shameful, vile, or corrupt character or acts. Moral turpitude refers to conduct that shocks the public conscience, or which does not fall within the moral standards held by the community. The law concerning moral turpitude is constantly changing and evolving, as the moral standards of society in general change.”

UPDATE: Pittsburg PD Places 3 Officers on Paid Leave

The Pittsburg PD issued the following statement on their social media accounts early Friday evening:

“The Pittsburg Police Department is aware of a joint criminal investigation being conducted by the Contra Costa County District Attorney’s Office along with the FBI. The investigation involves several local police officers, including three current Pittsburg Police Officers. Anytime there is any allegation of criminal misconduct, that is something our organization takes extremely seriously.

In September of 2021, the department received information that a Pittsburg Officer was involved in illegal activity. The tip also indicated that other law enforcement officers were involved, but did not go into further details. When we learned of the allegations, we immediately contacted the District Attorney’s Office and asked them to conduct an independent criminal investigation.

This past Wednesday, the FBI and the District Attorney’s Office met with three current Pittsburg Police Officers as part of this investigation. After the meetings, all three Pittsburg Police Officers were placed on paid administrative leave. This is still an active criminal investigation being conducted by two outside law enforcement agencies, so we do not have further details into the alleged misconduct. The Pittsburg Police Department will continue to cooperate with the DA’s Office and the FBI. We will also be conducting our own internal investigation that will be completed by an independent, outside investigator.

Please know that the women and men at our Department remain committed to serving our community. Any officer who has violated their oath of office by engaging in illegal or unethical conduct will be held accountable.”

No Response from City of Antioch, Yet

A copy of the DA’s release was sent, Friday at 4:36 p.m., to Interim Antioch Police Chief Tony Morefield, copying Captain Trevor Schnitzius asking if they can provide any information about the investigation. Morefield said any inquiries about the matter must be made to the City of Antioch public information officer (PIO).

An email was then sent to Antioch’s PIO Rolando Bonilla after business hours on Friday asking for the response from the city.

A question was also sent to Assistant DA Simon O’Connell after hours Friday asking for his office’s legal definition of “crimes of moral turpitude”.

Please check back later for any updates to this report.

Last seen in Antioch

Organizers of the Alexis Gabe search effort and the KlaasKids Foundation are asking farmers, ranchers, real estate agents and other citizens with access to unoccupied out buildings, unoccupied residences, structures, or fields to check those locations for signs of missing Alexis Gabe this coming weekend, March 26-27. (See related articles here and here)

The search for a missing loved one is a long, arduous task that requires the help and assistance of countless people. Law Enforcement and our volunteers have done an incredible job at searching public locations and lands, but we need your help to cover accessible privately owned property. For this reason, we are asking individuals with access to out buildings, unoccupied residences, and other structures to please search for any signs of missing Alexis Gabe. This effort will go far toward eliminating possible locations where she may be kept against her will, or other evidence of her current whereabouts.

If any suspicious items are located or if you have any information related to the disappearance of Alexis Gabe, please contact the Oakley Police Department at (925) 625-8855

We want to take this opportunity to thank the Oakley Police Department, Contra Costa Sheriff’s Search & Rescue and the selfless volunteers who have searched for Alexis, or otherwise supported the search effort. Another volunteer search will be scheduled and conducted on Saturday, April 2, 2022

$24 million for clean water program

Money to restore San Francisco Bay and address impacts from climate change received a $24 million boost via the federal omnibus spending bill signed into law this week by President Biden.

The Consolidated Appropriations Act of 2022 provides funds to implement the priority actions identified in the San Francisco Estuary Partnership’s Blueprint. Specifically, the money will go toward the U.S. EPA’s San Francisco Bay Area Water Quality Improvement Fund, which has focused work on removing pollutants, improving wetlands and reducing runoff.

The $24 million annual earmark is the biggest increase to the fund since it began in 2008, with a push from Sen. Dianne Feinstein. The Water Quality Improvement Fund currently receives about $5 million annually to advance wetland restoration, water quality improvement and green urban development projects.

“Thanks to the efforts of Rep. Jackie Speier and our members of Congress, the new law provides funds to implement the priority actions identified in the Estuary Blueprint,” said Caitlin Sweeney, Director of the Estuary Partnership. “This is a huge development and is critical for the long-term health of San Francisco Bay.”

With the support from the Appropriations Act, federal funding for San Francisco Bay will be on par with regional funding from sources like the Bay Area’s Measure AA, which passed in 2016 and dedicates $25 million annually to fund multi-benefit shoreline projects that protect and restore the bay.

The new law also provides a bump in funding for the National Estuary Program, bringing the San Francisco’s Estuary Partnership appropriation this year to $750,000, a $50,000 increase.

Enactment of the omnibus spending bill augments the Bipartisan Infrastructure Law passed by Congress in November 2021, which allocates approximately $5 million annually over the next five years to the Water Quality Improvement Fund and dedicates about $4.5 million over the same period to the Estuary Partnership for implementation of the Estuary Blueprint.

The San Francisco Estuary Blueprint — being updated for 2022-2027 and due out later this year — is a five-year roadmap for restoring the estuary’s chemical, physical, biological, and social-ecological processes to health. The Blueprint identifies the top actions needed for thriving habitats and wildlife, improved water quality for animals and people, increased scale and pace of climate change adaptation and planning, and healthier human and wildlife communities.

Hosted by the Association of Bay Area Governments (ABAG), the San Francisco Estuary Partnership is a collaboration of local, state and federal agencies; non-governmental organizations; and academic and business leaders working to protect and restore the San Francisco Bay-Delta Estuary. The Estuary Partnership was established in 1988 by the state of California and the U.S. Environmental Protection Agency under the Clean Water Act’s National Estuary Program when the San Francisco Estuary was designated as an estuary of national significance.

Public test of Vote-by-Mail counting equipment

The April 5, 2022 Special Election for the California Assembly District 11 office is underway in California. The Contra Costa County Elections Division will perform the county’s official logic and accuracy testing on central ballot counting and processing equipment at 10:00 am Friday, March 25, 2022 at the Elections Office, located at 555 Escobar Street in Martinez and the public is invited to observe.

According to Helen Nolan, Assistant Registrar, “Contra Costa County purchased its ballot counting and processing equipment from Dominion Voting Systems. We originally purchased this ballot tabulation system in March 2018 and will be conducting our 11th election with the system in April using the Dominion Democracy Suite 5.10a.  Brand names used in the system include Dell, Canon, InoTec, OKI, AValue, and HP.” (See related article)

Logic and accuracy testing is a standard pre-election procedure. The test will confirm that all central count equipment is in working order and functioning properly. A set of test ballots will be run through each scanner to ensure they are properly programmed and operating as expected.

Visitors are asked to check-in at the Elections lobby.  For more information, call 925-335-7800.

 

The deadline to apply for the first round of recruitment is Thursday, March 31st.

💰To fill out an Economic Development Commission application:  https://forms.gle/iuBrckzUsUHfVprV7

🏞 To fill out a Parks and Recreation Commission: https://forms.gle/waw5SSozpDpgXkmk8

🧾 To fill out a Sales Tax Citizens’ Oversight Committee application: https://forms.gle/4Ro5buKSXAhtsCsx9