MARTINEZ — It is undisputed that three members of the Antioch City Council met at the least twice in private, without informing or inviting the general public.
It stays unclear whether official government matters were discussed at these secret meetings in 2021 and 2022 and whether the elected politicians influenced their decisions on hiring, internal procedures or the reorganization of constituencies in the following discussions.
Last 12 months, corruption watchdogs in Contra Costa County received recommendations on potentially confidential conversations between Antioch Mayor Lamar Hernandez-Thorpe and council members Tamisha Torres-Walker and Monica Wilson – allegations that, if true, could be blatant violations of California's open meetings law. The meetings allegedly covered the hiring of former city manager Cornelius Johnson, the restructuring of the constructing department, the hiring of a city engineer and the reapportionment of city council districts.
But two independent investigations led by the Contra Costa District Attorney and Grand Civil Jury of the County This 12 months, it couldn’t be proven beyond doubt that the town administration had violated state law.
“The grand jury found evidence that the meetings alleged by the district attorney took place … (but) the grand jury was unable to independently confirm the content of those meetings,” the 19-page Grand Jury report published on Tuesday, it said.
Despite interviews with several unnamed witnesses and native government experts, the report said there was insufficient evidence to substantiate allegations of intentional illegal conduct. But each district attorneys and volunteer jurors agreed that the likelihood that Hernandez-Thorpe, Torres-Walker and Wilson discussed city matters behind closed doors was enough to lift “serious concerns” that the three Antioch officials didn’t fully comply with the Brown Act.
The grand jury report was based on a letter signed in January by Contra Costa County District Attorney Diana Becton, which stressed the importance of complying with the state's public assembly law – even when no specific charges of wrongdoing were brought.
Signed in 1953, the Brown Act was designed to be certain that government business was handled publicly and without undue influence. It provides a blueprint for a way local government officials should conduct themselves. One of a very powerful provisions is that a majority of an elected government body cannot meet to rearrange a closed-door vote. However, for this to be considered a criminal offense, there have to be sufficient evidence that a confidential meeting was held, municipal business was discussed, and a collective motion was taken with the intent to withhold information from the general public.
“Any similar meeting on matters affecting the city could subject council members to criminal prosecution,” the attorney general's letter to Antioch's acting city manager Kwame Reed said. “As the Brown Act makes clear, the deliberations and actions of our government officials must be open and subject to public scrutiny.”
In a phone conversation Wednesday, Hernandez-Thorpe said that “the (grand jury report) speaks for itself,” no matter how someone “tries to use this as an opportunity for political machinations.”
“I and Councilmembers Torres-Walker and Wilson were elected as progressive Democrats,” Hernandez-Thorpe said. “We think alike, we agree on many things, and we don't need secret meetings to understand what we believe in.”
He added: “These investigations continue to show that we did nothing.”
But David Snyder, executive director of the First Amendment Coalition, disagreed, saying the work of the prosecutor and grand jury was in vain. Even with no “clear conclusion” concerning the conduct of Antioch's council members, Snyder said, the following investigations were enough to wreck public trust in elected politicians and the fundamental principles of democracy.
“It's a public service to bring these facts to light,” Snyder said, adding that secret meetings are inherently difficult to prove. “It helps to put public agencies on notice that they are being watched and that they need to be accountable and follow these government transparency laws.”
Shortly after the grand jury report was released, Antioch City Councilman Mike Barbanica called on Hernandez-Thorpe, Torres-Walker and Wilson to “do the right thing” and resign from their positions.
Barbanica, who’s currently vying for the county supervisor seat for Contra Costa County's fifth District, said the evidence supporting the allegations of secret meetings was enough to wreck city operations.
“This is not how cities should operate – this should be public, fair and transparent,” Barbanica said in a YouTube video on Tuesday. “I call on District Attorney Diana Becton to reopen criminal proceedings and investigate this matter to the fullest extent of the law.”
Staff author Nate Gartrell contributed to this report.
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