Score: +8 (12/5/4)

Contra Costa County Grand Jury • 2023-2024

A Report of The 2023 – 2024 Contra Costa County Civil Grand Jury

Published: June 12, 2024 19 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 15 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.

No recommendations for this finding

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.

No recommendations for this finding

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.

No recommendations for this finding

F4

There has been a lack of continuity in City Managers in Antioch, with six City Managers or Acting City Managers since December 2013.

No recommendations for this finding

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).

No recommendations for this finding

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).

Related Recommendations (1)

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.

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).

Related Recommendations (1)

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.

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.

Related Recommendations (1)

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.

F9

In the absence of a permanent City Manager since March 2023, the city has deferred hiring new department heads when openings occur.

Related Recommendations (1)

R1

The Mayor and City Council should follow through on the ongoing process of hiring an experienced and qualified City Manager.

F10

The Police, Public Works and Community Development departments currently are without permanent department heads.

Related Recommendations (1)

R3

The new City Manager should, of their appointment to the position of City Manager, recruit and appoint permanent department heads to fill current department head vacancies.

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).

Related Recommendations (1)

R3

The new City Manager should, of their appointment to the position of City Manager, recruit and appoint permanent department heads to fill current department head vacancies.

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.

Related Recommendations (2)

R3

The new City Manager should, 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.

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.

Related Recommendations (1)

R1

The Mayor and City Council should follow through on the ongoing process of hiring an experienced and qualified City Manager.

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.

Related Recommendations (1)

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.

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.

Related Recommendations (1)

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.

Agency Responses 2

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

City of Antioch

September 11, 2024 • 6 pages • 15 responses • Score: +4 (+7, 5, -3) View Details ▾

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15 responses to findings and recommendations

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.

Response: Agree Score: +1

operation of the city, including supervision of an approximately $100 million general fund budget and an authorized staff of over 400 employees. The City agrees with this finding. The City's overall budget including general operations and capital improvements is $146 million. The city began the process of recruiting a new permanent City Manager in January

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.

Response: Agree Score: +1

2024. As of June 10, 2024, no hiring decision has been announced. The City agrees with this finding. www.antiochca.gov antiochisopportunity.com

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.

Response: Agree Score: +1

As outlined in both the City Manager job description and in city recruitment materials, the City Manager position requires a qualified and experienced individual. The City agrees with this finding.

F4

There has been a lack of continuity in City Managers in Antioch, with six City Managers or Acting City Managers since December 2013.

Response: Disagree Partially Score: 0

There has been a lack of continuity in City Managers in Antioch, with six City Managers or Acting City Managers since December 2013. The City partially disagrees with the finding. The Antioch City Council has appointed five (5) city managers since December 2013. Human Resources Director, Ana Cortez, was delegated the authority and responsibilities of the city manager position by a former city manager prior to him being placed on administrative leave. Ms. Cortez fulfilled those responsibilities for a period of two (2) days bridging the period between the city manager being placed on administrat...

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).

Response: Agree Score: +1

direct authority to direct, supervise, hire, or fire any city employees, other than the City Manager and City Attorney (Ordinance 246-A). The City agrees with this finding. The Mayor and City Council members have on occasion overstepped their

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).

Response: Disagree Score: -1

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). The City disagrees with this finding.

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).

Response: Disagree Score: -1

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). The City disagrees with this finding. Staff is under the direction from the City Manager to always inform him of these conversations once they have occurred. There has been a history of Council working with staff on topics including Measure W, salary studies, ad hoc committees and standing committees. Committee topics have included matters such as cannabis businesses, social equity and...

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.

Response: Agree Score: +1

February 2024, roughly four-times the national average for government agencies. The City agrees with this finding. As of February 15, 2024, the City-wide vacancy rate was 21% (Acting City Manager).

F9

In the absence of a permanent City Manager since March 2023, the city has deferred hiring new department heads when openings occur.

Response: Disagree Partially Score: 0

In the absence of a permanent City Manager since March 2023, the city has deferred hiring new department heads when openings occur. The City agrees with this finding. The Police, Public Works and Community Development departments F10. currently are without permanent department heads. The City agrees with this finding. Seven of the eleven most senior positions in Antioch city government are F11. 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 ...

F10

The Police, Public Works and Community Development departments currently are without permanent department heads.

Response: Disagree Partially Score: 0

currently are without permanent department heads. The City agrees with this finding. Seven of the eleven most senior positions in Antioch city government are F11. 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). The City agrees with this finding. The Economic Development Director is currently serving as Acting City Manager. He is not performing "part-time" duties for the Economic Developm...

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).

Response: Disagree Partially Score: 0

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). The City agrees with this finding. The Economic Development Director is currently serving as Acting City Manager. He is not performing "part-time" duties for the Economic Development Department. The role of the Acting City Manager does not allow for any instance of not performing those duties at 100% of the time. F12. The employee vacancy r...

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.

Response: Disagree Partially Score: 0

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. The City partially disagrees with this finding. Not knowing when the Grand Jury sourced the staffing information for the abovementioned departments, the City cannot verify the information. As of June 30, 2024, the Public Works Department had a 17% vacancy rate and the Community Development Department had a 25% vacancy rate (Acting City Manager). Recruitment and retention of st...

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.

Response: Disagree Score: -1

permanent City Manager and the lack of permanent department heads in multiple city departments. The City disagrees with this finding. The Contra Costa County District Attorney's Office conducted an F14. 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. The City agrees with this finding. The District Attorney's Office noted serious concerns that noncompliance F15. with the Brown Act may have occurred, however, there was insufficient evidence to prove beyond a rea...

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.

Response: Agree Score: +1

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. The City agrees with this finding. The District Attorney's Office noted serious concerns that noncompliance F15. with the Brown Act may have occurred, however, there was insufficient evidence to prove beyond a reasonable doubt intentional violations of the statute occurred. The City agrees with this finding. RECOMMENDATIONS The Grand Jury recommends that:

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.

Response: Agree Score: +1

with the Brown Act may have occurred, however, there was insufficient evidence to prove beyond a reasonable doubt intentional violations of the statute occurred. The City agrees with this finding. RECOMMENDATIONS The Grand Jury recommends that:

City of Antioch - Addendum

December 17, 2024 • 8 pages • 6 responses • Score: +4 (+5, 0, -1) View Details ▾

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6 responses to findings and recommendations

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.

Response: Agree Score: +1

The Mayor and City Council should follow through on the ongoing process of The second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second of the second o . . hiring an experienced and qualified City Manager. The response to this Recommendation is as follows: The City agrees with this recommendation. A new City Manager was hired and began on October 7, 2024. A detailed summary of the process will be provided to you in a separate communication as the ...

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.

Response: Agree Score: +1

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. The response to this Recommendation is as follows: The City agrees with this recommendation. Again, we note that included in the City of Antioch's Municipal Code under Title 2: Administration is § 2-2.10 Council Interference, which states that the Council must work solely with the City Manager to deal with administrative services, and the Council commits to abide by this and to refrain from int...

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.

Response: Agree Score: +1

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. The response to this Recommendation is as follows: The City agrees with this recommendation. The City Manager was hired and began on October 7, 2024. One of the priorities that we have set for her is to address the recruitment and appointment of permanent department heads to fill current department head vacancies. She will need time to assess the current issues and will work to have permanent department head...

F4

There has been a lack of continuity in City Managers in Antioch, with six City Managers or Acting City Managers since December 2013.

Response: Agree Score: +1

study to determine the factors leading to the city's high employee turnover and vacancy rates. The response to this Recommendation is as follows: The City agrees with this recommendation. The Council has instructed the City Manager to complete a comprehensive operational assessment for each department over the next year, and to report back to Council on the findings and recommendations and interventions needed which come out of this undertaking.

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).

Response: Agree Score: +1

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. The response to this Recommendation is as follows: The City agrees with this recommendation. The City Manager will work with the City Attorney to hold a series of training session on the Brown Act requirements no later than the end of Quarter 1, 2025 for the Mayor, City Council members and relevant cit...

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).

Response: Disagree Score: -1

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). The response to this Finding is as follows: The City disagrees with this finding. The Mayor and certain City Council members do not believe that they have overstepped their authority regarding personnel matters which are under the purview of the City Manager and Human Resources. We have instructed the City Manager to send a ...