Buried in the Antioch City Council Agenda is approval of a $38,744 payment for legal fees incurred under an invalid contract.
According to the agenda, the contract was dated November 4, 2022 with Haight Brown & Bonesteel LLP for legal fees and that once paid no further work shall be performed pursuant to this contract.
The contract was signed by City Manager Cornelius Johnson to provide legal services to the City of Antioch concerning its internal investigation procedures and was signed without the knowledge of the city attorney and was not approved by the city attorney as required by Antioch Resolution 2021/26. The staff report calls the agreement “procedurally invalid”.
According to its October 13, 2022 letter to Johnson (within the staff report), the scope was for General Counsel Services but could expand in the future–which stated it required a $50k retainer cost.
Since that time, Haight has billed the city $38,744.52 for services purportedly pursuant to the agreement–including a line item stating they had a conversation with Antioch Mayor Lamar Thorpe on Feb 2, 2023.
According to the Agenda:
The City cannot lawfully provide Haight with any compensation pursuant to a procedurally invalid contract. However, any failure to pay Haight for services rendered to the City could result in a claim for payment by Haight, further litigation expenses to the City, and potentially legal liability to the City.
Therefore, in order to avoid the risk of a legal claim by Haight – and corresponding litigation costs and potential liability – the City may lawfully provide Haight with payment for its legal services to the City pursuant to the Agreement, provided such payments are duly ratified by the City Council. If the City ratifies this payment, the City should also declare that no further work shall be undertaken under the invalid Agreement.
UPDATED INVOICES
- 3261063 – includes a 2.90 hr meeting with Mayor & Vice Mayor on Jan 10, 2023
- 3262024
- 3260098 – several items from Oct 2022 – Dec 29, 2022 including power of authority of City Attorney
- 042523.02o
Within the agenda, it provides an invoice which includes a conversation with the Mayor
Questions to Antioch City Clerk:
- Why was no work product included in the staff report?
- Why is this item placed under Consent Calendar and not an actual discussion item?
- What did this attorney do for the City of Antioch?
- What was the work performed?
- Did City Attorney Thomas Smith have an opportunity to even review the contract before signature of Con Johnson?
- Was this contract signed at the direction of the mayor or city council? Or did Mr. Johnson go rogue?
- Given Antioch has a city attorney, why did Mr. Johnson feel the need for outside attorney to provide general counsel?
It is also unclear if this was the reason (or one of them) as to why Mr. Johnson was placed on administrative leave. It is also unclear if any other contracts were signed by Mr. Johnson without the knowledge of the Antioch City Attorney or approval of the city council.
Editors Note
City Manager Performance Evaluation (11x)
- June 14, 2022
- June 28, 2022
- July 26, 2022
- 27, 2022 – Public employee appointment
- 13, 2022 – Public Employee appointment
- 27, 2022 – Public Employee appointment
- Oct 25, 2022
- Nov 22, 2022
- Jan 24, 2023
- March 17, 2023 (Con Johnson placed on leave)
- April 25, 2023 – acting city manager
City Attorney Performance Evaluation (9x)
- Feb 22, 2022
- Feb 25, 2022
- April 12, 2022
- Oct 11, 2022
- 25, 2022
- Nov 22, 2022
- Jan 24, 2023
- Feb 14, 2023
- April 25, 2023
Other Items of Interest
RESOLUTION TO APPROVE AN INCREASE TO THE PURCHASE ORDER FOR LOWE’S AND TO ADD LOWE’S TO THE RECURRING PURCHASE ORDER LIST
Approving the increase to purchase order for Lowe’s Company in the amount of $25,000 for a total of $75,000 for invoices and purchases through the end of Fiscal Year 2022/23. They will also look to Approving the addition of Lowe’s Company to the Recurring Purchase Order list in the budget document in the amount of $75,000 for Fiscal Year 2022/23 and as needed moving forward.
PROPOSED ORDINANCE AMENDING SECTION 6-8.14 OF THE ANTIOCH MUNICIPAL CODE REGARDING RESTRICTIONS ON THE SALE OF TOBACCO PRODUCTS
The proposed changes would:
• Remove restrictions on tobacco products based on package size or price; and
• Amend restriction on sale of tobacco products with characterizing flavor to clarify that restriction applies to any product containing a constituent that imparts characterizing flavor
Staff has included an additional revision that would conform the text of the prohibition on flavored tobacco products to the original intent, and current interpretation, of the City’s prohibition. Additionally, this amendment will align the City’s prohibition with the State prohibition of the sale of tobacco products, which avoids potential confusion by local retailers and enforcement officials.
This revision clarifies that the City prohibition applies to products containing a constituent or additive, other than tobacco, that imparts a characterizing flavor. To the extent the current prohibition is understood to apply to tobacco products with added flavors, this amendment does not substantively change the prohibition
Tim McCall, an Antioch Economic Development Commissioner speaks during Tuesdays Council Meeting
FORMATION OF AN AD HOC COMMITTEE FOR THE RESTRUCTURING OF THE ECONOMIC DEVELOPMENT COMMISSION
- Determine if the City Council wishes to form an Ad HocCommittee for the Restructuring of the Economic DevelopmentCommission for the purposes described in the resolution;
- Confirm the appointment of two (2) members for the Ad HocCommittee for the Restructuring of the Economic DevelopmentCommission;
- Confirm the duration of the Ad Hoc Committee for theRestructuring of the Economic Development Commission;
- Editors Note – March 29, 2023: Antioch to “Reimagine” Economic Development Commission
Antioch City Council Meeting
- April 25, 2023
- 6:00 pm – Closed Session
- 7:00 pm – Regular Meeting
- 200 H Street, Antioch CA
- Full Agenda, click here
7 comments
Antioch appears to be lacking in adult supervision.
Looks like it is time to subpoena the bank records of the city council, just saying.
Further evidence that a wholesale housecleaning of Antioch’s city government is badly needed. But watch out: if you question the actions of the current council, you are a “dog whistle racist”!
Whenever I see the City of Antioch logo “opportunity lives here” I am still trying to figure it out!!
Is it any wonder why our next fiscal year budget is expected to run a deficit ??!? We need to clean house with most of our council members and definitely dump our inept mayor.
Antioch is the poster child, the model and unrivaled standard of transparency in government at any level… but I don’t think they know the definition of transparency! Hint: it doesn’t mean invisibility or hidden agendas in this context guys. I think the term is deceiving, it should be called government visibility. Quit hiding, all of you!
Remember when Antioch wasn’t a sh@thole? Ya, me neither.
Oakley and Brentwood already becoming the same.
Comments are closed.