On Tuesday, the Antioch City Council voted 3-2 to move forward with an ordinance change of how the police chief is hired, fired and supervised. It also slipped during the meeting the city is a week away from hiring a interim police chief.
With Tuesdays vote, the Antioch City Council, not the city manager, will get to make the decision with its police chief.
Under the ordinance: “The proposed Ordinance changes the organization structure of the city’s administration by transferring, from the City Manager, to the City Council, the authority to appoint, supervise, and remove the Chief of Police.”
Antioch Mayor Lamar Thorpe issued a rant after comments made by Ralph Hernandez who spoke as the opponent to the ordinance change urged the council to not move forward and leave it to the city manager to hire and fire the chief of police.
Hernandez argued no one on the council was qualified enough to make decisions on police matters other than possibly Barbanica– a former cop. He believed it should stay with the city manager.
Hernadez shared he met with Thorpe at his home with Monica Wilson at his home then talking about violations within the Antioch Police Department—he asked to meet in a closed session and it never happened. He shared he came before the council multiple times and outlines of what was occurring since 2008 and the council did nothing–including Thorpe and Wilson.
“You want to take on this job, but you don’t have the background and your history shows you did nothing about those things going on in our community. Do I want you to effectively to become a pseudo-police chief, never! You failed to do anything,” said Hernandez. “You failed when I came before you that I investigated and I came to you. I talked to you personally at your home. What did you guys do. Now you want to become the substitute police chief and supervise them. No, you can’t do it.”
He said let the people of the community vote on this and the direction for the city council to take.
“In the meantime, you have failed,” said Hernandez while saying the city manager is the appropriate person to make the decision.
Hernandez then stated all he heard on the news and press conferences was “black, black black” while one of the victims was an American Indian and another was a Hispanic male while saying “am I black enough for you to care”.
Thorpe then accused past mayors and councilmembers for taking action to supervise the police department, but left out the fact at an April meeting, Concilmemebr Monica Wilson admitting she and members of this council had swept items under the rug.
Prior to council discussion, Thorpe attempted to provide context (his version) of how they got to this point.
“I do want to add some history before we get onto the discussion, so folks understand because I know folks come here and hear this stuff and there is no context around what happened. This was one of the reforms we initiated in early on in 2021 after the death of Angelo Quinto. And so we decided that we wanted an open process to hire the chief of police. We wanted the community involved in that process. Second, we wanted some level of accountability for the chief of police because it was becoming more and more clear to me that the city managers role has a lot to do with the level of accountability that chief of police has over the city council. So they can just take us for granted. That doesn’t mean our role in providing oversight goes away, so when I hear people say you are changing the structure and going to now run the police department. We provide oversight for all of our departments, including the police department. That responsibility will not go away, we will continue to do that.
What has happened in this city, in particular for those who want to come here and point fingers and say oh in the last few years its x, y, and z. Residents like them and city council in the past have failed to provide oversight of the Antioch Police Department. That is why we are in the fiasco we are in today.
Ralph Hernandez was a member of the city council. He failed to provide oversight of the Antioch Police Department because this was decades in the making. When I met with you (pointing to a member of the public in the audience), you asked me who was mayor was when the police beat you up. Don Frietas was the mayor. He failed to provide oversight of the Antioch Police Department.
We are owning our responsibility today to ensure that you as residents have a police department that represents you. That absolutely represents you. So you can come in here and point the finger all you want. I don’ give a damn because the residents in the community have demanded the change that we are making here today if the council continues to go in this direction because for decades residents like you have allowed this council to get away with murder, absolute murder and failed to provide oversight.
So, I will clarify when we got the information back form the city attorney, we just wanted to have a role in saying yay or nay in the contract. He said, you cant do that because we are a General Law city. You either have the chief of people report directly to you, or the chief of police reports directly to the city manager. Those are the only two options that exist for this city. So there is no hybrid approach.
When you were talking Andrew (Becker), I agree with you 100% and I don’t always agree with you but I agree this would be an opportunity for the community to come together and shape a process that works for us. But that is not what government code prescribes then I would be breaking the law like Ralph Hernandez wants me to do about opening up some closed session about some personnel matters that we are not allowed to do. So this is the option that we can do.
What we can do moving from here if we change the structure is enshrine in our ordinance a process that involves the community, similar to San Jose or other big cities. I just wanted to add some clarity about what has been happening here. They don’t like it and they don’t like it when I respond but I don’t care. I have a right too and I have a right to decide what type of city we need to do. That is what the residents elected me to do with the highest number of votes in the history of the 41 people who have served this city.”
Thorpe then called for questions or comments.
During the discussion, Mayor Pro Tem Tamisha Torres-Walker suggested a possible “term” which included the council making the decision until a permanent city manager was hired–or another trigger event.
Walker said she hoped they find the strongest city manager possible to hold the police chief accountable. She would support the ordinance as long as there was an event to “trigger” it to go back to the city manager in the future.
Councilmember Mike Barbanica shared his concern that he didn’t want a police department to become the political arm of this council or future councils and there be a buffer with the police chief evaluated and hired by the city manager—who is hired by the council.
Barbanica said the council in the past had done a poor job holding people accountable so that needed to change.
“We should not get into the business of creating a political arm when we are talking about something as serious as the police department,” said Barbanica while still need to hold officers and the chief accountable for their actions. “Historically, its not occurred at the level it should.”
Councilmember Monica Wilson said she was on the fence on the item prior to the meeting but liked the idea of an “end date” but wanted a further discussion on this while seeking more time to have open discussion with the community—perhaps a study session.
Torres-Walker said she appreciated the process the City of Oakland is going through to recruit the Oakland Police Chief which included an open and public process.
Councilmember Lori Ogorchock agreed with Barbanica that she didn’t want the police department to be a political arm and was not in support. She said the police chief should answer to the city manager. The city manager answers to the council.
Thorpe said 2020 was about police reform and the previous Mayor ran from the press because he didn’t want to answer questions about protests or questions on Michael Mellone—a former San Francisco Police officer now Antioch cop.
Thorpe said they already have oversight over the police department and they failed. The question as instead as to whether or not there should be a buffer between the council and police department.
“I am still for this because I have become frustrated,” said Thorpe. “We have been kept in the dark about an FBI investigation, kept in the dark on officers truly in the dark and who is on disability. We don’t know anything. Because there is in fact a buffer between the police department and an elected body. I don’t agree with that.”
Walker wanted to move forward but have an “end point” to give it back to the city manager–but that was not included in her motion. Walker then made the motion to move forward with the ordinance.
The motion passed in a 3-2 vote with Barbanica and Ogorchock voting against. The ordinance will go into effect 30-days after its second meeting.
After the vote, Thorpe requested a 3-minute break in which they returned where he requested the council reconsider the previous motion. The council voted 5-0 to reconsider.
Thorpe said the city manager is in the process of hiring an interim chief. In that process, he said the ordinance would impact that process. Thorpe requested it take effect 90-days after adoption of the second reading.
The council then approved the ordinance for a second time, with the change of it taking effect 90-days after the second reading.
Check back for full recap
Under Tuesdays action, staff is recommending the following (Staff Report):
It is recommended that the City Council introduce by title only and waive further reading of the ordinance (1) amending section 2-2.06(B)(2) of the Antioch Municipal Code removing the Chief of Police from the City Manager’s appointment, discipline, and removal power, and (2) adding a new Article 4 to Chapter 3 of Title 2 of the Antioch Municipal Code, so that the Chief is appointed by and serves at the pleasure of the City Council, and setting out some general duties and responsibilities of the Police Chief
This move has been telegraphed since 2020 when the City Council first made the suggestion citing accountability and transparency. At the March 30 Press Conference, Mayor Lamar Thorpe announced he had no problem making administrative changes in the City of Antioch, which included the chief of police. At the press conference, it became clear the mayor and police chief we not talking or had any sort of relationship–especially during the media Q&A portion of the press conference.
It was again discussed at its April 2023 meeting (see preview of meeting) where Mayor Lamar Thorpe, Mayor Pro Tem Tamisha Torres-Walker and Councilwoman Monica Wilson all agreed to direct staff to prepare the ordinance. Councilmembers Mike Barbanica and Lori Ogorchock opposed the move.
Under the Antioch City Council, they have not been able to staff the city of Antioch as they have nearly 90-vacant positions within the city–mostly attributed to the Mayor and city council leadership style and micromanaging according to several sources who have left the city.
The item also comes less than a week after a DOJ-FBI investigation resulted in four indictments of Antioch and Pittsburg Police Officers from charges of conspiracy to commit wire fraud, conspiracy against rights, deprivation of rights and falsification or destruction of records. Others were charged with charged with conspiracy to commit wire fraud. Manly-Williams is charged with obstruction, destruction of records, and violation of rights. Anabolic steroids and numerous civil rights violations. It was also announced Contra Costa Costa County District Attorney Charges Antioch and Pittsburg Police Officers with Obstruction of Justice and Bribery.
Staff Report – click here
Previous Stories:
- Aug 18 – Antioch City Council Set to Seek Control Over Police Chief Position
- June 30, 2023: Antioch City Manager Cornelius Johnson Resigns
- June 23, 2023: Kwame Reed Named Acting Antioch City Manager
- June 14, 2023: Acting Antioch City Manager Puts in Notice
- April 7, 2023: Antioch City Council Seeks Power to Hire Fire Police Chief
- Feb 17, 2023: Antioch Assistant City Manager Could Be Headed to Piedmont
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