“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

Quick investigative work results in two arrests within 48 hours

By Steve Hill, PIO, Con Fire

CONCORD, CALIF., Mar. 23, 2022 – Contra Costa County Fire Protection District (Con Fire) today announced its fire investigators made arrests in the last 48 hours in two separate, intentionally set fires in Antioch and Bay Point.

On March 21, a Con Fire investigator responded to an exterior fire burning in brush along the soundwall near Larkspur Drive and Hillcrest Avenue in Antioch. Nearby, Jason McGee, 27, a transient living in Antioch, who had been seen in the area of the fire, was identified as a suspect.

During questioning, McGee admitted to lighting this fire and a witness in the area further identified the suspect as having been seen lighting another fire the previous Friday. McGee was subsequently arrested for both fires and transported to the Martinez Detention Facility for booking on two charges of Arson of a Structure or Forest Land (PC § 451(c)).

On March 22, Con Fire investigators arrested Emanuel Serrano, 25, a transient, in the vicinity of two vegetation fires burning along Highway Four near Evora and Willow Pass Roads in Bay Point. The two separate fires originated along the walking trail next to westbound Highway 4.

As crews were arriving, a witness pointed out a subject who they had observed starting the fires. Investigators checked the area and observed Serrano running through a nearby field. Searching the area on foot and from above with an Unmanned Aerial Vehicle (UAV), investigators located the suspect hiding in tall vegetation on a nearby hill where he was taken into custody.

Witnesses positively identified Serrano as the individual seen starting the fires. Investigators conducted an “origin and cause” investigation, which did not reveal ignition sources other than human activity in the area of the fires. Serrano was transported to and booked into the Martinez Detention Facility, charged with two counts of Arson of a Structure or Forest Land (PC § 451(c)).

Con Fire’s Fire Investigation Unit asks residents to help them fight the crime of arson by calling the Arson Tip Line at 1-866-50-ARSON. They caution residents not to hesitate on information that seems too little or unimportant, adding some of the most valuable tips come from residents who were not aware what they saw was very important to the investigation of an incident. Residents can leave a recorded message on the tip line about fire-related criminal activity in English or Spanish. Tips can be anonymous, and all tips are treated confidentially. But investigators sometimes need additional information, so contact information is encouraged.

Some 50 fire personnel conduct rare, complex and risky rescue to free man in 30’s from where he had been trapped for up to two days

By Steve Hill, PIO, Con Fire

Contra Costa County Fire Protection District (Con Fire) led a three-and-a-half-hour, nearly 50-person rescue effort Sunday evening that freed a man in his thirties from an underground storm water pipe where he had been stuck for up to two days.

The rescue took place after passersby heard cries for help coming from underground and reported this to 911. Con Fire was notified at 5:37 p.m. Sunday of someone possibly stuck in a drainage pipe near the 3100 block of Buchanan Road in Antioch. Arriving on scene moments later, firefighters quickly determined someone was trapped and launched the rescue effort.

The complex, high risk, and rare “confined space” rescue was conducted by specially trained firefighter technicians from Con Fire and East Contra Costa Fire with support from City of Antioch Public Works and Antioch PD. Four Con Fire firefighters, connected by umbilical cords for breathing air and underground communications, made entry into the storm water infrastructure, locating the victim, clearing considerable debris blocking his path, and bringing him to the surface shortly before 9 p.m.

“As an all-risk fire agency, we train for rare rescues such as this,” said Contra Costa County Fire Protection District Fire Chief Lewis Broschard. “Still, this was a complex and high-risk rescue effort that required extensive specialized resources and the skill and experience of many professionals from across the District to successfully complete.”

Confined space rescues are both uncommon and high risk. They are highly complex for many reasons including oftentimes the unknown location and condition of the victim and the potential risks to both victim and rescuers. Confined spaces such as these are not intended for humans to occupy, consequently, they may be an oxygen-deficient environment not capable of supporting human life.

In this case, uncertain of how to successfully reach the man through several potential access points, the incident commander ordered two simultaneous rescue attempts from opposite sides of the drainage pipe. The first, which eventually proved successful, involved sending rescue firefighters into a nearby underground vault to make their way to and free the victim. At the same time, City of Antioch Public Works responders were directed to use a backhoe to dig down to the underground pipe on the opposite side of the victim’s location in case it became necessary to break it open to affect a rescue from that direction.

Con Fire firefighters routinely train to conduct restricted space and a wide variety of other rescue types at our Training Division on Treat Boulevard in Concord. In addition to academic training facilities, the Con Fire training campus has many sophisticated training props designed to allow firefighters to train in the most realistic environments possible for rescues such as this.

Rescuers were unable to determine the man’s motivation for entering the stormwater drainage system or his exact entry point, which is believed to have been some distance from the rescue location.

Once brought to the surface, the victim was evaluated at the scene, determined to be uninjured, and transported to Sutter Delta for further evaluation.

Contracts with Meeting Minutes Clerk, council not approving them, special meetings

“My office cannot produce what we do not have in our possession” – Householder

Annotated minutes and video are posted within 24-48 hours after meeting

Former City Clerk Simonsen wanted full-time position, quicker type of minutes; says “no legal time limit for approving minutes of a meeting.”

By Allen D. Payton

Complaints have been made to Antioch City Clerk Ellie Householder, who is facing possible recall, for not posting the city council meeting minutes on the city’s website in a timely manner. She and former City Clerk Arne Simonsen say they are typed up by the city’s contracted Meeting Minutes Clerk, which has been the process for at least 20 years. The delay is due to too many special council meetings and the council not approving past meeting minutes.

Householder did point out that the Annotated Minutes of the council meetings are posted on the city’s website within 24-48 hours. But they only show the votes by the council members on each agenda item and aren’t posted on the City Council Agendas and Minutes page of the city’s website. Instead, they’re posted below the video of that meeting on a different page, which she pointed out also posted within 24-48 hours, as well. But that requires clicking on the video link for that council meeting on the City Council Agendas and Minutes page and watching the meeting in order to know what the council members said and did. Or clicking on the date of that meeting on the City Council Meetings page of the website where the agendas and minutes aren’t posted.

The following email message and questions were sent to Householder and Deputy City Clerk Christina Garcia on Friday, March 18: “As of today, the minutes for the Antioch City Council meetings from 1/25 through 3/11/22 are not yet posted on the city’s website. The minutes for the meetings of Jan. 25, Feb. 4, 8, and 22 were all on the March 8 meeting agenda. Why weren’t they approved then and are again on next Tuesday’s meeting agenda along with the March 8 and 11 meeting minutes?”

In addition, they were asked, “what is the process for the minutes once they’ve been approved by the council to be uploaded to the website? Can’t you upload the Annotated Minutes until they’re approved? And then replace those with the approved minutes once they have been?”

Householder responded, “Our office contracts with a Meeting Minutes Clerk to provide summary minutes for each Council Meeting. When she completes her task and provides our office with the ‘draft’ Meeting Minutes, they are then placed onto the Council Meeting Agenda for Council to approve.  Once approved by Council, the Meeting Minutes are then uploaded onto our City’s Website.

“My office cannot produce what we do not have in our possession,” she continued. “And as you know, Meeting Minutes are approved by Council.”

“The reason for the one-page staff report is merely requesting Council to ‘Continue’ the Meeting Minutes to a future Council Meeting.  This means we have not received the ‘draft’ Meeting Minutes from our Minutes Clerk,” Householder added. “The Council Meeting video is posted onto our City’s Website within 24 hours of each Council Meeting though.”

Garcia pointed out the special meetings the council has been holding as one reason for the delay in receiving the minutes back from the Meeting Minutes Clerk.

Additional Questions for Householder Go Unanswered

Additional questions were then sent Monday afternoon March 21 to Householder, copying Garcia, asking, “how long has the city clerk’s office been contracting out the minutes? Why can’t you or the Deputy Clerk handle that responsibility? If it’s taking the outside contractor too long to provide the minutes in a timely manner, have you considered bringing that responsibility back in house or contracting with someone else to get them done in time for the next council meeting? Is there a legal time limit within which the clerk’s office is supposed to have the draft minutes prepared for the city council to adopt?”

But no response was received as of Wednesday, March 23.

Former City Clerk Simonsen Wanted Quicker Type of Minutes and Full-Time City Clerk

Similar questions were also sent to former City Clerk Arne Simonsen, as well.

He responded, “The City Clerk’s Office has contracted a Minutes Clerk for over the past 20+ years. Not just for the City Council meetings, but also the Planning Commission, Police Commission and the Sales Tax Citizens Oversight Committee. Most cities contract for a Minutes Clerk, unless the Council has approved what are known as ‘Action Minutes’. I tried to get Antioch to use ‘Action Minutes’ which are simple to produce and look similar to the ‘Annotated Minutes’ that I used to produce and post the next day to the City Website.”

“The logic of using Action Minutes is that the DVD of a meeting would be preserved and considered the actual full minutes of a meeting,” Simonsen explained. “Summary Minutes, which Antioch uses take much longer to produce and contain names and comments made not only by council members, but also by the public. And we all know how some in the public like to see their names in those minutes.”

“There is no legal time limit for approving minutes of a meeting. When you have a Council meeting every two weeks, plus throw in any Special Meetings in between, it does take some time,” he pointed out. “Kitty Eiden does a great job with the minutes, and I have absolutely no complaints.  If a Council only met once a month, getting the minutes of the previous meeting on the next agenda would be easy. But every two weeks (and sometimes three a month, plus Special meeting) it does take longer.”

“Would you trust Householder doing the minutes?” Simonsen asked. “The full time Deputy City Clerk has her hands full running all the many other functions of the Clerk’s Office. I tried to get the City Clerk to be full time, as it was from 1872 up until 2010, but my staff reports were turned down every time and never made the agenda.”

“When Kitty was on vacation and the Planning Commission needed a Clerk for the meeting and to produce the minutes, I stepped in to do it and did not receive any extra compensation for doing it,” he added. “Since I had been a Russian linguist for 24 years in the Navy, I routinely transcribed intercepted communications, so taking minutes for me was easy.”

Asked if he remembered ever being five meetings behind when he was city clerk, Simonsen responded, “Only when we had a meeting every week for five weeks in a row.”