ANTIOCH — Mayor Ron Bernal’s previously proposed halt for meetings of the Antioch police oversight commission hit a snag as the city ordinance does not allow the council to direct the committee to do so, according to Assistant City Attorney Kevin Kundinger.
Kundinger told the Antioch City Council on Tuesday that the committee was established as an independent commission. Because of this, the council only has the authority to “request that they consider taking a pause.”
“In my discussion with the interim city attorney, we both believe that if they (oversight commission) were to vote themselves to give themselves a temporary pause, that would be acceptable,” said Kundinger. “The council can direct APOC to consider certain actions, but they do not have the authority to direct APOC to take certain actions.”
Kundinger said police oversight commission members will need to unanimously vote on any changes. He also said the city would have to amend its ordinance to include such directives.
The council could instruct city staff to do more research on the matter, bring it back to future meetings, and go through the normal process of changing an ordinance.
Kundinger said that while commission members are appointed by the city council, it is the commissioners themselves who decide “in their own power” whether it would be in their best interest to take a pause.
Bernal had proposed pausing the oversight commission’s meetings until at least June while the city finds a replacement for Commissioner Leslie May. Her resignation left the commission with only four members.
Bernal wanted a pause to ensure the commission complies with the 25-page memorandum of understanding between Antioch and the U.S. Department of Justice. The agreement requires at least five out of the seven oversight commission members to serve continuously for two years to fulfill mandated reforms.
The agreement was established following scandals and alleged criminal activities that rocked the Antioch Police Department.
According to a staff report, apart from filling vacant seats on the oversight commission, the pause was meant to ensure there was enough funding to equip the commission with needed tools, provide members with comprehensive training, develop rules of decorum, and establish a commissioner onboarding process. It also would have allowed the city to review and refine the current ordinance and ensure it aligns with best practices and the agreement with the Department of Justice.
Councilmember Tamisha Torres-Walker said the commission was established so that it would be independent of “outside of political influence.”
“This isn’t the strongest civilian oversight commission you can have, even in the country. It’s probably the most limited civilian oversight body we could have,” said Torres-Walker, noting that Antioch is a general law city.
Torres-Walker said she agreed with recommendations provided by city staff to ensure the long-term success of the oversight commission. However, some residents were unhappy with Bernal’s proposed pause.
Resident Erika Raulston said the community fought hard for the oversight commission.
“We asked for changes, and we got it, now you’re trying to stifle us,” said Raulston. “You want us as a community to sit back and let you guys play this little puppet game, and we’re supposed to sit around and be like, ‘Oh, OK, it’s good for us.’ No, it’s not. This community has suffered at the hands of the police.”
Resident Kirsten Johnson Bell said she has seen changes in the community since the formation of the committee. A temporary pause now, she said, would put the commission under scrutiny.
“It would be seen like it’s unfavorable by the community. Why would you guys put a pause on it unless maybe you’re in agreement with the things that were taking place before,” said Bell.
Bernal said ad hoc committees would continue working on related initiatives.
“Bottom line is we want to make APOC as good of a commission as it can be. We want well-trained (people) to represent the community,” said Bernal. “We want to make sure people know what the commission can and cannot do, what their roles and responsibilities are.”
He added it is pertinent to have a well-functioning commission to work on the settlement agreement with the Department of Justice.
“So the intention behind this was never to create division, never to create conflict, and never to take up two and a half hours of people’s lives,” said Bernal.
He said the intent is to direct city staff to work on a plan that addresses the recommendations for the pause to ensure the city can have a commission that will serve the community well.
“It’s going to serve the police department well, and it’s going to serve the Department of Justice, and potentially, the California Department of Justice as well as we work forward with this,” said Bernal.
Porsche Taylor, chairperson of the police oversight commission, said commissioners agreed that training is important for them.
“So while we didn’t oppose the pause, we want to make sure this time is used productively,” said Taylor in a text message to this news organization. “I’ll be requesting that the City Council provide a clear and thorough timeline of what’s expected to happen during this period so there’s transparency and direction. This also gives my fellow Commissioners the space to vote as they truly feel when the time comes.”