6 face possible permanent decertification as peace officers

There have been no arbitrations that have occurred to date according to City staff

“Virtually all will get their jobs back.” – APOA & defense attorney Mike Rains. May call mayor, councilwoman to testify.

“…we are pleased to see that the investigation into these incidents has concluded.” – APOA VP Sgt. Loren Bledsoe

By Allen D. Payton

A report in the East Bay Times on Monday, June 17, 2024, provided information that’s been sought for months by local media about the number of Antioch Police Officers who have been terminated as a result of both the FBI and text scandal investigations over the past two years. According to the report, 10 officers have been fired and the information was based on “recently obtained emails department commanders sent to city officials.”

In the report he cited three more officers who had quit because they, “knew that harsh discipline was imminent, city documents say.” The Times also reported, “six officers were given unpaid suspensions…one received a written reprimand” and “One officer was cleared of wrongdoing.” That doesn’t include former Officer Matthew Nutt who was acquitted by a jury last Thursday of assault against a man he arrested two years ago.

That information was confirmed by Antioch District 2 Councilman Mike Barbanica on Monday which he had just confirmed that with City staff and was given authorization to share it with the media. He said, “10 officers were terminated, three resigned prior to any discipline being implemented, two were demoted, six were suspended and one was cleared of all charges from an independent investigation, not including Matthew Nut.”

The Times’ report claimed, “city officials attempted to fire or discipline several more officers who ultimately won arbitration hearings and got the decisions reversed or reduced, according to multiple officials with firsthand knowledge.”

However, asked about the arbitrations Barbanica said, “I am not aware of any arbitrations that have yet occurred. It doesn’t mean they haven’t.”

Following a call to City staff, in a brief, follow up conversation Barbanica clarified saying firmly, “There have been no arbitrations that have occurred to date.”

Of the 10 officers who were terminated, six also face decertification as peace officers.

APOA Attorney Confident Officers “Will Get Their Jobs Back”

When asked about the 10 terminations, defense attorney Mike Rains, who also represents the Antioch Police Officers Association (APOA), said, “I am confident they will get their jobs back. There were terminations who were charged criminally and those who sent the text messages. We (his law firm) conflicted out of the criminal cases.”

“Nutt wasn’t involved at all in the text case,” he added, referring to former Officer Matthew Nutt who was acquitted by a jury last Thursday of assault for punching and kicking a man who was handcuffs during a traffic stop in 2022. Nutt was fired last June. (See related articles here and here)

“Virtually all will get their jobs back,” Rains stated. “Six cases are pending right now for the texting that were terminated that we represent, that I’m confident they’ll get their jobs back.”

“This is a way overreaction for the text messages on their personal cell phones,” the attorney continued. “The guys who just received them or sent the message back that the City thought was not a condemnation, the City claimed Biased-Based Policing. They threw that out in most of these cases, which is ridiculous. That’s based on officers targeting individuals in the community, that they’re going to get them because of their race and wouldn’t consider targeting people of other races.”

Bias-Based Policing is also known as profiling. According to civilrightspolicing.org, is “Profiling is presuming that someone is involved in criminal activity based on who they are rather than what they have done.”

“The City said, ‘you used a bad word we don’t like, that we think is a racist term and we’re going to fire you for them,’” Rains continued. “Amiri and Rombough had texts that were really offensive. But many of them they were sending they were putting out on chains including 15 people. Some of the officers said they weren’t even reading them.”

As previously reported, Mayor Lamar Hernandez-Thorpe called for the firing of all the officers investigated for the text scandal in May 2023 and again the following month. In May 2023, District 1 Councilwoman Tamisha Torres-Waker also called for the immediate firing of “officers involved in the racist texting scandal.”.

Asked if that tcould affect the officers’ efforts to regain their jobs Rains said, “I’ll probably subpoena Thorpe to testify. I may call her, too.”

“The mayor’s comments about the entire department are completely misleading,” he added.

APOA Responds

In response to the information released about the 10 terminated officers, APOA Vice President Sgt. Loren Bledsoe wrote, “We acknowledge the recent developments regarding the disciplinary actions taken against several Antioch officers. As a union, we are committed to upholding the highest standards of professionalism and integrity within our ranks.

It is important to note that the APOA cannot comment on ongoing personnel matters. However, we are pleased to see that the investigation into these incidents has concluded.

Moving forward, our focus will be on rebuilding relationships with the community and restoring public trust. We understand the significance of fostering positive connections between law enforcement and the people we serve. We are dedicated to working collaboratively with community leaders, organizations, and residents to ensure public safety and promote a sense of security for all.

We remain committed to continuous improvement, education, and training within our department. We will strive to create an inclusive and equitable environment that reflects the values and expectations of the diverse Antioch community.”

6 Face Possible Permanent Decertification

Beyond being terminated from their positions, six former Antioch Police officers face possible decertification. According to the California Commission on Police Officers Standards and Training (POST) police officers can face decertification for Serious Misconduct. That is defined by the Commission as follows:

1. Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer.
2. Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest.
3. Physical abuse, including, but not limited to, the excessive or unreasonable use of force.
4. Sexual assault as described in subdivision (b) of Penal Code §832.7, and shall extend to acts committed amongst members of any law enforcement agency.
5. Demonstrating bias on the basis of actual or perceived race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner.
6. Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public.
7. Participation in a law enforcement gang.
8. Failure to cooperate with an investigation into potential police misconduct.
9. Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances.

Five Types of Decertification

The commission publishes the names of any peace officer whose certification is suspended or revoked and the basis for the suspension or revocation. There are five types of decertification:

Ineligible – An individual has been disqualified from eligibility to be a peace officer based on a disqualifying event as set forth in Government Code section 1029.

Revoked – The peace officer has been decertified and may not exercise the duties and powers of a peace officer. A revocation is permanent, and the certification shall not be reactivated.

Voluntary Surrender or Surrender – A person who holds a certificate issued by the commission, knowingly and willingly, returns the certificate to the commission, forfeiting all rights and privileges associated with that certificate. A “surrender” has the same effect of a revocation in that it cannot be reactivated.

Immediate Temporary Suspension or Temporary Suspension – The immediate suspension of a peace officer’s certification, pending the outcome of an investigation related to allegations of serious misconduct, pursuant to Penal Code section 13510.8(d). The “temporary suspension” may be issued under the following circumstances:

• When a peace officer is arrested or indicted for a felony or other crime listed in GC§ 1029,
• When a peace officer is discharged from a law enforcement agency for serious misconduct, or
• When a peace officer has separated from employment as a peace officer during a pending investigation into allegations of serious misconduct.

The temporary suspension remains in effect until either a final determination is made by the Commission or the Executive Director withdraws the “temporary suspension” if a withdrawal is deemed to be warranted

Suspension – a disciplinary action of the Commission wherein a peace officer certification has been suspended for a specified period of time, not to exceed three years. A peace officer whose certification has been suspended may not be assigned duties which include the exercise of peace officer powers.

The six officers have all been fired from their positions with the Antioch Police Department but each of their certifications as police officers are currently under Temporary Suspension as of Monday, June 17, 2024. The list is updated weekly on Monday mornings:

Current APD Staffing

Interim Antioch Police Chief Brian Addington reported earlier this month to the Police Oversight Commission the names of all the sworn officers currently on the force, including 17 currently on paid leave. As of yesterday, there are now 76 sworn officers in the department out of 115 in the budget approved by the city council and additional officers will be sworn in next week.