On Tuesday, the Contra Costa County Grand Jury confirmed what many have said is going on with the majority City Council for years.
Under the leadership of Mayor Lamar Thorpe, along with Mayor Pro Tem Monica Wilson and Councilwoman Tamisha Torres-Walker, the Grand Jury found Brown Act Violations have likely occurred, the council has overstepped its authority, and the city has a hiring and retention problem.
The Grand Jury says in the course of numerous interviews, they learned that turnover in the City Manager position and high employee vacancy rates are both related to a failure, at times, by the Mayor and City Council to respect the City Manager’s operating authority. They also found Antioch’s Mayor and City Council have on occasion overstepped their authority in seeking to implement personnel and other changes that are the responsibility of the City Manager.
The Grand Jury also noted the City of Antioch has a vacancy rate of 21.6% as of February 2024 while the national average for state and local governments is 5.3%.
Brown Act Compliance:
Although the Brown Act Violations have been brought up several times over the years, District Attorney Diana Becton has ignored them on two known occasions—first, when Antioch Police submitted a Share Order, again with the Public Works Director and hiring of City Manager—along with meeting in private to discuss redistricting.
In the Grand Jury Report released Tuesday, the Grand Jury confirmed they discovered evidence that one or more Brown Act violations may have occurred—while also noting the hiring of former city manager Cornelius Johnson may have been discussed in a private meeting with Hernandez-Thorpe and councilmembers Wilson and Torres-Walker. The Grand Jury also found evidence of a Brown Act violation for redistricting,
Grand Jury Tells Antioch Hire Qualified City Manager
Per the grand jury, who confirmed media reports, over the past ten years, Antioch has had six permanent or acting city managers, with an average tenure of less than two. At least two of the city’s last three permanent city managers were terminated by the Mayor and City Council or resigned under threat of termination. According to data from the California City Managers Foundation, the average tenure of a City Manager in California is slightly over 4.5 years. This compares to the average in Antioch of less than 2 years.
As a result of having no permanent City Manager for over a year, the city has delayed appointing permanent department heads who supervise day-to-day operations in such critical departments as Public Works, Community Development and the Police Department. In addition, the Directors of the Economic Development and Recreation Departments are currently serving as Acting City Manager and Acting Assistant City Manager, respectively. Accordingly, these departments do not have full-time Directors. As a result, more than half of the city departments are headed by acting or part-time directors.
Appointing a qualified and effective permanent City Manager is an important first step for Antioch in addressing current challenges, including filling key department head vacancies, reducing the employee vacancy rate, and managing a large and complex organization.
High Employee Vacancy Rates
While the city council has disputed high vacancy rates, the Grand Jury confirmed media reports of high turnover and vacancy.
The Grand Jury confirms, in the absence of a permanent City Manager, three department head positions have not been filled permanently. The Community Development and Public Works Departments have not had permanent Directors for over a year. This has delayed the hiring process for staff members within these departments.
Since July 1, 2022, the city has hired 102 new employees (out of a total authorized staff of approximately 409). Over the same period, 98 employees have departed. (a net gain of just 4 employees)
Between 2012 and 2023 the vacancy rate in Antioch city government positions has averaged roughly 12% each year. This has spiked to over 21% in the past two years, with a vacancy rate of 21.6% as of February 2024. For comparison purposes according to the U.S. Bureau of Labor Statistics, the employee vacancy rate for all U.S. employers as of February 2024 was 5.3%. The vacancy rate for state and local governments (excluding education) was also 5.3%
Job vacancies in Antioch’s city government are broad-based, covering most departments. The police department has engaged in proactive recruiting efforts (including a current $30,000 recruitment bonus and other incentives for Police Officer positions) which has helped reduce the vacancy rate in that department. Nevertheless, the department still has approximately 30 open positions. The vacancy rates in the Community Development and Public Works departments, the other two departments without permanent heads, exceed the city-wide average vacancy rate.
Vacancy rates for government agencies tend to be higher in the San Francisco Bay Area than the nation overall3. This is a function of a tight local labor market and high local cost of living, among other factors. For example, the vacancy rate (as of 2023, the most recently available data) for San Francisco was 14%, Concord 11%, Richmond 19%, and Oakland 12% (excluding unfunded and frozen positions). While all these cities have rates well above the national average, Antioch’s 21% rate stands out at nearly four-times the national average.
In the course of numerous interviews, the Grand Jury learned that turnover in the City Manager position and high employee vacancy rates are both related to a failure, at times, by the Mayor and City Council to respect the City Manager’s operating authority. As previously noted, Antioch’s government structure calls for the City Manager to make hiring decisions (with the exception of City Attorney) and oversee day-to-day operations of the city. However, Antioch’s Mayor and City Council have on occasion overstepped their authority in seeking to implement personnel and other changes that are the responsibility of the City Manager.
Examples over the last three years include:
- efforts by certain Council Members to direct the City Manager to fire then Public Works Director John Samuelson in December 2022. Mr. Samuelson was terminated, but subsequently received a settlement and severance totaling $244,000.
- Other examples include pressure to hire Gregory Rolen as a consulting attorney in November 2022. Mr. Rolen was hired without prior approval of his contract, as required by Antioch Resolution #2021/26 (adopted 2/26/21). Mr. Rolen’s contract was subsequently terminated after payment of a $39,000 fee.
- Finally, the Grand Jury learned of instances of Council Members setting up meetings with City Staff without the approval or involvement of the City Manager, as required by city ordinance (Antioch City Code § 2-2.10). The Grand Jury found evidence that Council
FINDINGS
- F1. Antioch’s City Manager has broad responsibility to ensure the efficient operation of the city, including supervision of an approximately $100 million general fund budget and an authorized staff of over 400 employees.
- F2. The city began the process of recruiting a new permanent City Manager in January 2024. As of June 10, 2024, no hiring decision has been announced.
- F3. As outlined in both the City Manager job description and in city recruitment materials, the City Manager position requires a qualified and experienced individual.
- F4. There has been a lack of continuity in City Managers in Antioch, with six City Managers or Acting City Managers since December 2013
- F5. Under city ordinances the City Council, including the Mayor, has no direct authority to direct, supervise, hire, or fire any city employees, other than the City Manager and City Attorney (Ordinance 246-A).
- F6. The Mayor and City Council members have on occasion overstepped their authority in seeking to make personnel decisions, including terminating the then Public Works Director in December 2022, in ways not permitted by city ordinance (Antioch City Code § 2-2.06 and § 2-2.10).
- F7. The Mayor and City Council members have on occasion sought to conduct meetings with City Staff without the approval or involvement of the City Manager, as required by city ordinance (Antioch City Code § 2-2.10).
- F8. Antioch’s city government had a 21.6% employee vacancy rate as of February 2024, roughly four-times the national average for government agencies.
- F9. In the absence of a permanent City Manager since March 2023, the city has deferred hiring new department heads when openings occur.
- F10. The Police, Public Works and Community Development departments currently are without permanent department heads.
- F11. Seven of the eleven most senior positions in Antioch city government are currently held by acting or part-time personnel, including City Manager, Assistant City Manager, Directors of Community Development, Police Services, and Public Works (all acting) and the Directors of Economic Development and Recreation (both part-time).
- F12. The employee vacancy rate is above the city-wide average in the Public Works Department (26% vacancy rate) and Community Development Department (35% vacancy rate), both of which currently do not have permanent directors.
- F13. Recruitment and retention of staff has been impacted by the absence of a permanent City Manager and the lack of permanent department heads in multiple city departments.
- F14. The Contra Costa County District Attorney’s Office conducted an investigation into alleged Brown Act violations by Mayor Lamar Hernandez-Thorpe and Council Members Tamisha Torres-Walker and Monica Wilson, which was forwarded to the Grand Jury.
- F15. The District Attorney’s Office noted serious concerns that noncompliance with the Brown Act may have occurred, however, there was insufficient evidence to prove beyond a reasonable doubt intentional violations of the statute occurred
RECOMMENDATIONS
- R1. The Mayor and City Council should follow through on the ongoing process of hiring an experienced and qualified City Manager.
- R2. The Mayor and City Council should abide by city regulations (Antioch City Code § 2-2.06 and § 2-2.10) that preclude the Mayor and City Council from having any direct authority to direct, supervise, hire or fire any city employee, other than the City Manager and City Attorney.
- R3. The new City Manager should, within 6 months of their appointment to the position of City Manager, recruit and appoint permanent department heads to fill current department head vacancies.
- R4. By 1/1/2025 the City Council should direct the City Manager to undertake a study to determine the factors leading to the city’s high employee turnover and vacancy rates.
- R5. By 1/1/2025 the Mayor and City Council should consider directing the City Manager and City Attorney to organize an annual training session focused on Brown Act requirements and compliance for the Mayor, City Council members, relevant city employees and members of city boards and commissions.
Grand Jury Report – Click Here
District Attorney to Antioch
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