Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Contra Costa County provides payment details for out-of-court settlement in Thorpe sexual harassment case

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By Susan Shiu, PIO, Contra Costa County Office of Communications & Media

Former LMCHD executive director and Antioch Mayor Lamar Thorpe.

(Martinez, CA) – Sept. 19, 2022 – The Contra Costa County Board of Supervisors, in its capacity as successor agency to the Los Medanos Community Healthcare District (“District”), has approved an out-of-court settlement relating to claims submitted by Jasmine Cisneros and Jocelyn Munoz against the District and its former executive director, Lamar Thorpe.  (See related article)

The liability insurance carrier for the former District, RSUI Group Inc, handled this matter and provided counsel to defend the claims.  Following a mediation session among the parties, a settlement was reached.  The settlement was fully executed on August 23, 2022.

The total amount of the settlement of both claims was $350,000, inclusive of attorneys’ fees and costs. Of the settlement amount, $321,000 was paid by the former District’s liability insurance carrier. The remaining settlement amount of $29,000 was paid from the Los Medanos Community Healthcare fund, as an insurance deductible payment.

The Board of Supervisors approved the settlement solely in its capacity as the successor agency to the District. As the successor agency, the County was required to assume all liabilities of the District, including any claims filed against it. The settlement includes a release and waiver of all claims by Cisneros and Munoz against the District, the former executive director, and the County.  The settlement also avoids potentially expensive federal court litigation relating to the claims.

Contra Costa supervisors vote 5-0 to settle sexual harassment claims against Antioch Mayor Thorpe

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Former LMCHD executive director and Antioch Mayor Lamar Thorpe.

While executive director at now-defunct healthcare district for $350K; he denies accusations

Mayor pro tem, councilwoman call for his resignation

By Allen D. Payton

On Tuesday, Sept. 13, 2022, the Contra Costa County Board of Supervisors voted unanimously to settle claims against Antioch Mayor Lamar Thorpe by two former female employees for $350,000 from when he was executive director of the now-defunct Los Medanos Community Healthcare District. Then in a press conference held Thursday afternoon, Mayor Pro Tem Mike Barbanica and District 3 Councilwoman Lori Ogorchock called for Thorpe to resign as mayor.

The healthcare district was disbanded, earlier this year, the county acts as the successor agency and now, receives the annual revenue estimated at $1.1 million.  (See related article)

The women, whose names were provided in the documents as Bay Point resident Jasmine Cisneros and Antioch resident Jocelyn Munoz, filed their claims on February 22, 2022. The two made multiple accusations against Thorpe both on formal government forms and in a resignation letter from Munoz to healthcare district board president, Patt Young, including inappropriate touching and an incident of groping Cisneros while at a California Special Districts Association conference in Monterey.

Formal Claims

Cisneros claimed she worked for the healthcare district “as a Community Outreach Specialist from approximately early 2020 to November 4, 2021, when she was forced to resign her employment. Ms. Cisneros resigned due to sexual harassment, unwanted sexual advances, hostile working conditions, and other unlawful actions resulting from Executive Director Lamar Thorpe’s misconduct, and the District’s inaction, despite having knowledge of that misconduct. Ms. Cisneros has been injured as a result of Thorpe’s misconduct and the District’s inaction. Thorpe’s unwanted sexual advances, harassment, and other unlawful behavior continued until Ms. Cisneros resigned. Ms. Cisneros was forced to resign her employment as a result of Thorpe’s misconduct and the District’s inaction and has been harmed economically in the form of lost wages and emotional distress damages.”

Munoz claims she worked for the district “for approximately eight months, from early 2021 to September 2, 2021, when she was forced to resign her position. Ms. Munoz’s [sic] resigned due to sexual harassment, unwanted sexual advances, hostile working conditions, and other unlawful actions resulting from Executive Director Lamar Thorpe’s misconduct, and the District’s inaction, despite having knowledge of that misconduct. See Exhibit A (Resignation letter). Thorpe’s unwanted sexual advances, harassment, and other unlawful behavior continued until Ms. Munoz resigned on September 2, 2021. Ms. Munoz has been injured as a result of Thorpe’s misconduct and the District’s inaction. Moreover, Ms. Munoz was forced to resign her employment as a result of Thorpe’s misconduct and the District’s inaction and has been harmed economically in the form of lost wages and emotional distress damages.”

Both claims show the amount of compensation sought “Exceeds $10,000”.

Munoz’s Resignation Letter Provides Details

In her resignation letter dated Sept. 3, 2021, Munoz provided details of two incidents involving Thorpe, including one at an Antioch restaurant and another during an out-of-town conference at both ladies, one of their partners and Thorpe stayed the night in a hotel. It also mentions “many levels of harassment and very high levels of hostile working conditions from board members and management. LMCHD has a culture of disrespect, bullying and harassment,” including “board members berating staff during public meetings”.

“In the season of the AB 903 celebration in early July 2021, my partner and I met with the executive director for LMCHD, Lamar Thorpe at La Plazuela in Antioch, CA to socialize and celebrate the win,” she wrote. “While we were seated, Lamar came between my partner and I, looked down at my leg and grabbed my leg; specifically my calf. While still holding my calf, he acknowledged the act and said, ‘this is sexual harassment, should I stop’ and let go. In that same instance, my partner and I agreed to his statement and said, ‘yeah what are you doing?!’ Being fearful of my job, status and Lamars [sic] social status as Mayor of Antioch and executive director I felt his simple acknowledgement was sufficient and I physically moved on, but mentally I still felt trapped.”

“Following the traumatizing experience, I witnessed another horrifying act on August 30, 2021 at the CSDA conference where I saw Lamar inappropriately grope my colleague when we (my partner, my colleague and executive director) were out socializing and walking back to our hotel,” her letter continued. “Immediately following the grope, my colleague got my undivided attention, looked me in the eyes and said, ‘PLEASE walk me back to my room’. My partner and I escorted my colleague to her room, and Lamar opened his hotel room door to check on us and gave us a sinister look. At that moment, my partner and I left to our hotel room.”

“The next day on August 31, 2021 my colleague, my partner and I went to lunch and were discussing what other seminars to attend, that’s where Lamar joked about attending the ‘sexual harassment training and prevention’ and also joked about the inappropriate grope that happened the night before,” Munoz wrote. “Later that evening of August 31, 2021 my colleague, my partner and I were having dinner and Lamar texted us ‘are y’all coming to this reception?’ referring to the conference networking mix and mingle. We did not respond and saw Lamar walk by our table and he ignored us. A few minutes later Lamar approached our table and said ‘hey haters!’ and made two inappropriate hand gestures, showing his middle fingers and walked away.”

On the “evening of September 1, 2021 Lamar texted my colleague and I ‘yo, ya’ll wanna go to Rolando’s house’. I politely declined, and then I heard a knock at my hotel room door. I did not answer fearing that it was Lamar. A few seconds later Lamar called and asked if I was in my room, confirming that the knock was him. He requested to meet with me to have a discussion,” the letter continued. “During the discussion he acknowledged the level of discomfort that he was feeling about the conversation and also stated that he didn’t want to have it. He opened with ‘are we cool?’ At that moment I felt cornered, trapped, triggered and manipulated into having to relive the events that happened on Monday night. The conversation went on for 15 minutes to which he was trying to get a temperature check on the situation at hand. At the end of the conversation, he asked what he could do to make things better. We met up with my partner inside the restaurant where he then approached my partner apologized to him, shook his hand and excused himself.”

“The final day, September 2, 2021 as we were all exiting the conferenced, I approached Lamar…he then proceeded to walk with me and said, ‘you still don’t seem ok’ referring to the events from Monday and the conversation we had the night before…I quickly made an excuse to try to avoid anymore discussion regarding Monday night, but that didn’t help and I ended the conversation by stating I wouldn’t be comfortable with anymore continued unwanted advances,” Munoz added.

“I hope this reveals the level of unprofessionalism at LMCHD, and I hope that this matter gets resolved in the best and most appropriate way. These past events have severely hindered my efficiency at work, my mental health and I don’t know how I can support LMCHD as an employee,” the letter concluded.

No Admissions in Settlement Agreement

The settlement agreement signed in August by the two women and a representative of the county’s Risk Management, includes a “No Admissions” clause. That reads, “It is understood and agreed by the PARTIES that the promises and payments and consideration of this Agreement shall not be construed to be an admission of any liability or obligation by any Party to another Party, the District, the County, Thorpe, or any other person, and the Releasees expressly deny that they have breached any duty, obligation or agreement, or engaged in any tortious or wrongful activity, or that they are liable to the Claimants or any other person or party in any way, or that any injuries, damages or harms of any kind have been sustained by the Claimants.”

Supervisors Explain Their Votes

Each of the county supervisors were asked why they voted to settle the claims. Board Chair Karen Mitchoff responded via email writing, “An independent investigation was performed and concluded it was likely the plaintiffs would prevail in litigation.  As with all such claims, the Board was presented with this information, discussed the matter and concluded it was best to settle the matter, thus saving litigation costs and a potentially higher jury award.”

Both Districts 2 and 3 Supervisors Candace Andersen and Diane Burgis issued the same response, writing, “the insurance carrier for the former Los Medanos Community Healthcare District, RSUI Group Inc, handled this case and provided counsel to defend the claims against the former District.  Following a mediation session among the parties, a settlement was reached. The Board of Supervisors approved the settlement solely in its capacity as the successor agency to the District. As the successor agency, the County was required to assume all liabilities of the former District, including the claims filed against the District.”

“I really don’t have any additional comments about the specifics of the case,” Andersen added.

Neither Supervisors John Gioia (District 1) nor Federal Glover (District 5) who represents portions of Antioch, responded prior to publication time.

Past Accusation Against Thorpe for Sexual Misconduct

It’s not the first time a woman has accused Thorpe of inappropriate sexual activity. As previously reported, while in college, Thorpe was found guilty of disorderly conduct for “lewd and indecent behavior” against a female student by Student Judicial Services at George Washington University, but he was acquitted of sexual harassment. Thorpe later lost an appeal to overturn the disorderly conduct charge. He has denied the incident ever occurred. In 2016, this reporter chose to believe him, and the Herald endorsed him for city council. (See related articles here and here)

Barbanica, Ogorchock Call for Thorpe’s Resignation

Barbanica and Ogorchock hold press conference Thursday afternoon, Sept. 15, 2022. Facebook Live video screenshot.

During a press conference held Thursday afternoon, at Barbanica’s business office, both he and Ogorchock called for Thorpe’s resignation. The mayor pro tem said he had sent a letter to Thorpe earlier in the day asking him to resign but had not yet heard back.

“This is a distraction for our city. We have a city of 114,000 people and the council has very serious business to do, yet we are sidetracked in these meetings by these types of issues,” Barbanica stated. “I do not believe that the behavior that is suspected, not convicted, but suspected, here is not indicative of a leader within our community; our council and our mayor should be held to a higher standard.”

He should “step aside, resign and allow the council to move forward. That’s what we’re asking him to do,” he added.

Asked if they had read the documents, Ogorchock responded, “I did. I read them all, from their statements, the filings, their release.”

“As did I,” Barbanica added.

Asked for their analysis of what they read he said, “Very concerning.”

Ogorchock responded, “As a woman I felt, that’s why I’m asking for his resignation. This is inexcusable. We can’t behave in this manner and be in a leadership position. You just can’t do that.”

“I’m very disappointed in what I read…in the court documents,” Barbanica later said. “This is not what the citizens want in a leader.”

Questions for Thorpe Go Unanswered, Denies Allegations

Thorpe was asked Friday morning to respond to both the settlement and the calls for his resignation. He was also asked if anything included in the complaints from your two former female employees, true, if they both worked directly for him and how many employees worked at the district when he was executive director.

Thorpe was also asked if he had found a new job and what he is doing for work. He was also asked about a severance that he and the other district employees were each provided, and how long did or will it last.

Finally, Thorpe was asked if he hired the two women, approved their hiring or compensation, or involved in any way in their hiring process and if so, how.

He did not respond as of publication time Friday afternoon. However, according to an East Bay Times report

On Thursday, Thorpe issued a statement denying the allegations.

“I am wholeheartedly heart-broken by these allegations, as they are completely false. When I served as the executive director of the Los Medanos Community Healthcare District (LMCHD), I worked to create an environment that gave opportunities to members of our community that were historically marginalized, as I have always sought to make change through empowerment.

“As the members of my team at the LMCHD can attest, the environment that I created was one of positivity and respect. Although saddened by the allegations, I will not be making any comment about the individuals involved, as I want to continue believing in the good in people, and not allow for this moment to shut down my spirit of community.”

Former Board Chair Patt Young Also Denies Allegations Against Thorpe

When reached for comment about the allegations against Thorpe, former LMCHD Board Chair Patt Young, now a member of the Contra Costa Water District board, said, “I actually, reviewed the allegations, and it just wasn’t credible. He had and has my full support. I found the allegations to be unfounded.”

Asked what she did when she received Munoz’s letter in September, Young responded, “I forwarded, I always forward to our legal counsel. It had to go there, first.”

When asked if she was at the CSDA conference where one of the incidents is alleged to have occurred, Young said, “I was, but I wasn’t with them that evening.”

Asked if she or anyone from the board reached out to the two women, Young stated, “we couldn’t. It would be a violation of the law.

Efforts to reach both Cisneros and Munoz for responses to the denials by Thorpe and Young were unsuccessful prior to publication time.

Wilson Labels Calls for Resignation “Racially Divisive Grandstanding”

In that same Times article, District 4 Councilwoman Monica Wilson claimed calls for Thorpe’s resignation by Barbanica and Ogorchock to be “racially divisive grandstanding”. Ogorchock is one of Wilson’s three challengers in this year’s council election, after Wilson, Thorpe and District 1 Councilwoman Tamisha Torres-Walker drew and then approved a gerrymandered redistricting map, moving Ogorchock into District 4. (See related article)

Ogorchock Responds to Wilson’s Comments

In a post on her official Facebook page Friday morning, Ogorchock wrote, “After reading remarks made by Councilwoman Wilson in response to the press conference held yesterday with Mayor Pro Tem Barbanica and myself requesting Mayor Thorpe to resign appear to be a deflection of the real issues.

Councilwoman Wilson is ignoring that two women presented valid claims of sexual harassment, unwanted sexual advances, hostile working conditions and other unlawful actions. The real issue is the detailed actions of Mayor Thorpe as outlined by the two women under his direction as the executive director.

In speaking with County Supervisor Mitchoff this morning she said, and I quote “after the completion of the investigation and based on credible facts we settled the case”. The county, who took control of the defunct healthcare district, settled the case for $350k.

I stand by my statements made yesterday, and believe that Mayor Thorpe should resign.”

Former Councilwoman Supports Thorpe’s Resignation

“He ought to step down. Enough is enough. First drunk driving, arrested for that. Now, this. Come on. We deserve better in the city of Antioch. Get out,” stated former Antioch Councilwoman Norma Hernandez. “I’m very suspicious of all these allegations that have happened, way in the past and now, if they are true, and this is the mayor representing all of us in the city of Antioch.”

Please check back later for any updates to this report.

Danville student named local 2022 Congressional Art Competition winner

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2022 District CA-11 Congressional Art Competition winner, “Growing Up” by Menglin Cai. Source: Office of Congressman Mark DeSaulnier

Winner’s art will be displayed in U.S. Capitol; second and third place finisher’s art will be displayed in Congressman DeSaulnier’s Walnut Creek and Richmond offices, respectively

Walnut Creek, CA – Today, Tuesday, May 24, 2022, Congressman Mark DeSaulnier (CA-11) announced that Monte Vista High School Sophomore Menglin Cai is the winner of the 2022 Congressional Art Competition for California’s 11th Congressional District. Her watercolor painting entitled “Growing Up” will be displayed in the United States Capitol. The art competition is open to all high school students residing in California’s 11th Congressional District.

“It was a joy to host the Congressional Art Competition again this year and to see the incredible talent demonstrated by our community’s young artists,” said DeSaulnier. “I’m excited to congratulate Menglin and all of the other students who participated in the 2022 competition. I am inspired by the creativity of every artist who submitted a piece this year and look forward to seeing Menglin’s art representing Contra Costa County in the halls of Congress.”

2022 District CA-11 Congressional Art Competition virtual reception with Rep. DeSaulnier (top left) and winner Menglin Cai (top center). Source: Office of Congressman Mark DeSaulnier

Second place was awarded to Joseph Pak from the College Preparatory School in Oakland for his charcoal piece, “Uprising” and third place was awarded to Concord High School Senior Amelia Porter for her quilted fabric collage, “I’m Not Okay.” Their art will be displayed in Congressman DeSaulnier’s Walnut Creek office and Richmond office, respectively.

Twenty-three pieces were submitted from various high schools across CA-11. The pieces were evaluated by a panel of judges from the Contra Costa Community College District, Los Medanos College, and Contra Costa College. Since 1982, more than 650,000 high school students around the country have participated in the Congressional Art Competition, allowing Members of Congress to recognize the artistic talents of their young constituents.

 

Contra Costa Water board Division 1 vacancy to be filled by appointment, application deadline May 19

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CONCORD – The Contra Costa Water District (District) Board of Directors has decided to fill a vacancy on its Board by appointment, as provided under state law. The vacancy is due to the resignation of Division 1 President Lisa M. Borba. Division 1 includes the District’s service area in the cities and communities of Concord, Pacheco, Clyde, Bay Point, and Pittsburg. All applicants must reside within the boundaries of Division 1. (See related article) 

The Board set up a process that includes:

  • Confirming 5:00 p.m. Thursday, May 19 as the deadline for interested parties to submit an application (applications are now available at District offices and on the District’s website,ccwater.com/907).
  • Eligible candidates will be notified on Friday, May 27 if selected for the interview process.
  • Candidates selected will be provided the opportunity to present their qualifications at a regular meeting on Wednesday, June 1.
  • The Board intends to appoint the new Director at either the Board meeting of June 1 or June 15.

The Division 1 Director’s seat will be placed on the ballot for the November 8, 2022 general election. The newly appointed Director will hold the office until the general election results are certified.

To be eligible, applicants must live within the boundaries of Division 1 and be registered to vote. A map of Division 1 is available on the website at www.ccwater.com or applicants may contact the District Secretary at 925-688-8024 to confirm residency within the Division.

Applications must be received by the District Secretary, either through the website at www.ccwater.com/907 or at the District Center Building located at 1331 Concord Avenue, Concord, CA 94520 by 5:00 p.m. on Thursday, May 19, 2022.

CCWD Board President Lisa Borba announces resignation from Board of Directors effective April 22

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Lisa Borba. Source: LinkedIn

Concord – During the Board meeting on April 6, Contra Costa Water District’s Board President, Lisa M. Borba, announced that she will resign from the Board effective April 22, 2022, after 12 years representing the community on water issues.

Lisa M. Borba, AICP, was first appointed to the Contra Costa Water District’s Board of Directors in April 2010 and has successfully been elected to the office since. She represents Division 1, which includes the cities and communities of Concord, Pacheco, Clyde, Bay Point, and Pittsburg. She has served as Board President since 2016.

Borba’s professional experience put her in close contact with public agencies, and she has used that experience to set policies that prioritize customer interests, basing decisions on the present needs of community now and for the future. Borba worked as a Land Planner for Blackhawk Services in Danville for 13 years and for Brookfield Homes or the past two years.

In her tenure on the Board, her highest priorities have been the responsible management of public money and providing quality customer service.

As Board President, Borba facilitated robust and thoughtful discussions on future infrastructure investments to improve the Contra Costa Canal and complete the next phase of expanding Los Vaqueros Reservoir. She noted that “transparency in how public dollars are being spent is paramount when looking at investing millions in infrastructure for safe and reliable water service for the future.”

“Over the past 12 years, this Board has worked together cooperatively and productively to make tough decisions in the interest of our customers,” said Borba. “It has been my honor to represent the customers of Contra Costa Water District.”

When asked about the timing of her retirement, Borba responded, “This was a tough decision, but the District is in good hands with this Board and this staff. I am excited about the initiatives underway to advance the good work serving the needs of our customers.”

Borba’s last day will be April 22, and the Board will need to decide to fill the vacancy for Division 1 by appointment or election.

Allen D. Payton contributed to this report

Contra Costa Elections office to test Dominion Voting Systems equipment for accuracy Friday, March 25

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Dominion’s Image Cast X equipment. From company brochure.

Public test of Vote-by-Mail counting equipment

The April 5, 2022 Special Election for the California Assembly District 11 office is underway in California. The Contra Costa County Elections Division will perform the county’s official logic and accuracy testing on central ballot counting and processing equipment at 10:00 am Friday, March 25, 2022 at the Elections Office, located at 555 Escobar Street in Martinez and the public is invited to observe.

According to Helen Nolan, Assistant Registrar, “Contra Costa County purchased its ballot counting and processing equipment from Dominion Voting Systems. We originally purchased this ballot tabulation system in March 2018 and will be conducting our 11th election with the system in April using the Dominion Democracy Suite 5.10a.  Brand names used in the system include Dell, Canon, InoTec, OKI, AValue, and HP.” (See related article)

Logic and accuracy testing is a standard pre-election procedure. The test will confirm that all central count equipment is in working order and functioning properly. A set of test ballots will be run through each scanner to ensure they are properly programmed and operating as expected.

Visitors are asked to check-in at the Elections lobby.  For more information, call 925-335-7800.

During redistricting process BART Director Simon removed from board after moving outside of current district last year

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2011 BART District 7 Map, shaded in yellow, showng area of Simon’s residence (in red circle) near the MacArthur Station, just outside the district. Source: BART.gov. Circle and arrow added by The Herald.

Says she was assured by district staff her new Oakland residence was within District 7; seat now vacant

“advice Director Simon…was provided was from individuals that report directly to the BART Board…not the General Manager’s Office.  It appears bad advice may have been given…The residency issue was reported to my Office last Thursday, March 3, 2022.” – GM Powers

Director Dufty, Board VP Li want to bring back Simon or be appointed by the Board

Lateefah Simon. Source: Akonadi Foundation website

By Allen D. Payton

Following the BART board’s adoption of new redistricting maps on Thursday, March 10, 2022, BART announced it was determined as of Wednesday, the BART District 7 Board of Director seat is vacant. BART staff has confirmed Lateefah Simon has moved outside the boundaries of District 7.  Based on state law, this move disqualifies her from serving as a BART Director of District 7 which includes Hercules, Pinole, Richmond, San Pablo and a portion of El Cerrito in western Contra Costa County, and parts of Alameda and San Francisco counties.

A mother of two daughters and legally blind, Simon moved last year from her home in Richmond to an apartment complex adjacent to the MacArthur BART station.

According to a report by Bay City News, “Simon said in a statement to supporters that she moved from her previous residence last year due to threats her family received as a result of her support for police reform” and that she was assured by district staff that her new residence was within the District 7 boundaries.

Simon was first elected to the BART Board of Directors on November 8, 2016 and was reelected in 2020. She served as President of the BART Board in 2020.

Efforts to reach Simon for comment were unsuccessful Friday.

According to the BART press release issued on Friday, BART will now follow the procedures for filling a board vacancy including a public application process. The BART Board of Directors has 60 days to appoint someone to fill the vacancy. Ultimately, voters will choose a permanent successor. BART staff will post complete details outlining the process, qualifications, and application in the coming days here on our website.

Questions for BART Staff, Directors

An email was sent early Friday afternoon to the BART Communications Department asking, “Why did it take the district’s staff a year to determine that Ms. Simon had moved outside of District 7?  Did she provide her new address to staff at that time? If so, did staff check the boundary lines to ensure Ms. Simon’s new residence was within the boundary of her district? She’s now claiming district staff assured her that her new residence in Oakland…adjacent to the MacArthur Station was inside her district. Is that true? Was this a result of the latest redistricting process and staff discovered they had made a mistake last year?”

In addition, BART staff was asked, “If Ms. Simon wasn’t legally allowed to be on the board as the District 7 member, are all the votes she took since she moved to her new residence voided? Were there any 5-4 votes in which she was in the majority? If so, what were they and might those have to be voided and new votes taken?”

Finally, they were asked to provide a more detailed map for District 7 which was adopted in 2011 that identifies the exact boundary lines between District 7 and District 3.

BART Media Relations Manager James Allison responded, “The extent of the information we are able to provide at this time is contained in this website article,” the information from which is included above.

The same questions were then emailed to the remaining eight members of the Board of Directors.

General Manager Issues Comments on District 7 BART Board Vacancy

However, BART General Manager Bob Powers issued the following statement about the issue early Friday evening:

“Lateefah Simon has been a champion for BART and our riders. The determination that her seat had to be vacated is horribly unfortunate.

I understand there are many questions about how this situation could have occurred.  I have some of the same questions.  While I know that Director Simon was open, honest, and proud about her home at the MacArthur Transit Oriented Development, I am not able to speculate about any advice she was provided by BART’s board-appointed District Secretary.

According to BART’s Legal Department, state law requires BART Board Members to live in the district they represent, and if a Director moves outside of the district, the seat is vacated.

To prevent this situation from occurring in the future I’m committed to working with the District Secretary’s Office to ensure that when a director chooses to relocate, they will know if the new address falls within their existing district boundaries.

If I had the ability to return Lateefah to the BART Board, I would immediately.

As the leader of this organization, I understand that any issues regarding BART’s performance ultimately falls to me.  However, the advice Director Simon indicated she was provided was from individuals that report directly to the BART Board, and not the General Manager’s Office.  It appears bad advice may have been given to Director Simon, and on behalf of the District, I wholeheartedly apologize for that.

The residency issue was reported to my Office last Thursday, March 3, 2022.  Upon being notified, we immediately reported the concern to the General Counsel’s Office and the District Secretary’s Office.  The General Counsel’s Office then confirmed Director Simon’s address and made the determination that the District 7 seat was vacant.

BART needs more voices like Lateefah and I am saddened she is no longer a board member.  I will follow the Board’s direction and assist however needed to fill the District 7 seat.”

BART Director Foley Asks Legal  Counsel to Answer Questions

District 2 Director Mark Foley responded by saying, “I forwarded the questions to BART’s legal counsel and District Secretary’s Office to work together to answer them. Does it invalidate or does it not? We won’t know until an election expert looks it.”

Director Dufty, Board VP Li Ask GM About Returning Simon or Appointing to Board

District 9 Director Bevan Dufty responded by sharing a letter he and District 8 Director and Board Vice President Janice Li sent to GM Powers on Friday writing, “Happy to share this letter on behalf of myself and Director Li.”

In the letter they ask Powers to enlist the help of expert outside legal counsel to determine either Simon’s “legal right to return or her ability to be appointed by the Board of Directors.”

“Dear GM Powers:

We have seen an outpouring of dismay, anger, and disappointment that Director Lateefah Simon was vacated from her seat without an acknowledgement of multiple specific points of failure that led to absolutely believe she was moving into a residence that was within BART District 7.

We recognize that there is a 60-day window for BART’s Board of Directors to appoint a Director for District 7, but we cannot support moving forward a fair and just appointments process unless and until we have pursued all legal remedies and options that would allow the person who was elected by the people of District 7 to continue representing those constituents.

For the sake of transparency and good faith, we believe that expert outside counsel should be enlisted immediately to help BART and the public determine either her legal right to return or her ability to be appointed by the Board of Directors. We also urge BART to develop a plan to determine and address the points of failure.

We unequivocally support Director Simon and we, therefore, support every legal avenue she has to retain her seat and serve her constituents and the entirety of the BART District.”

Dufty was asked via email late Friday night if they sent the letter to Powers before he issued his comments. He responded on Monday afternoon March 14, “I believe our letter was first.”

Please check back later for any updates to this report.

East Contra Costa Fire District annexation to Con Fire approved

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Will provide improved fire and emergency response throughout county, particularly in East County

When complete, CCCFPD will absorb the firefighting staff, support staff, facilities, equipment of ECCFPD

By Steve Aubert, Fire Marshal and PIO, East Contra Costa Fire Protection District

MARTINEZ, CALIF., March 11, 2022 — On March 9, 2022, the Contra Costa County Local Area Formation Commission (LAFCo) unanimously approved the annexation of East Contra Costa Fire Protection District (ECCFPD) to the Contra Costa County Fire Protection District (CCCFPD) and the dissolution of ECCFPD. The LAFCo action is the final step in the long-planned, collaborative effort to consolidate fire services in eastern Contra Costa County.

Benefits of annexation for residents are expected to enhance and expand fire and emergency medical services to East Contra Costa County while improving the efficiency, effectiveness, and economy of fire protection services in the region.

“The annexation of East Contra Costa Fire into Contra Costa County Fire, together with the allocation of Measure X funds, will double the number of stations serving East County residents, with additional stations opening as soon as this summer,” said Contra Costa County Board of Supervisors District 3 Supervisor Diane Burgis. “This has rightly been characterized as a historic achievement, resolving service deficits that have plagued East County for decades. When I had the opportunity to attend the graduation ceremony of 27 Con Fire recruits last week, I was overwhelmed with gratitude for the brave firefighters that serve us every day, the many community leaders who worked long hours to achieve this outcome, and the residents who entrusted us with the resources to improve services.”

“Today is a day for celebration,” said Brian J. Oftedal, President of the ECCFPD Board of Directors. “The cooperation and collaboration of so many individuals has made this annexation a reality. Residents in East Contra Costa will now receive the services they deserve. Response times will improve, fire apparatus will arrive with a paramedic on board, and slowly but surely, improved ISO rating will help residents and businesses save money on annual fire insurance bills. For everyone that has been a part of improving public safety in our county, thank you.”

Finally bringing this decades-long concept of annexation to reality for our two fire districts will improve fire, rescue, and emergency medical service delivery and improve safety for our firefighters throughout the many communities we serve in the eastern portions of our county,” said Lewis Broschard, Fire Chief, Contra Costa County Fire Protection District. “As we move ahead to implementing the changes that will see the benefits of annexation become reality, I am grateful to our board of directors, labor organizations, and our fire district staff for their support.”

“On behalf of the ECCFPD, we are pleased that this monumental day has come in joining our two agencies to improve emergency services throughout East County,” said East Contra Costa Fire Protection District Fire Chief Brian Helmick. “Thank you to Supervisor Burgis and to all those who have supported us to reach this historical day.”

With LAFCo’s actions, CCCFPD will complete the operational and administrative consolidation of the two entities. When complete, CCCFPD will absorb the firefighting staff, support staff, facilities, and equipment of the ECCFPD, and the newly merged organization will provide improved fire and emergency services to the more than 128,000 residents of eastern Contra Costa County.

While both fire districts already work very closely on mutual aid assignments across current borders, each maintains separate operations, training, and administrative functions, annexation will allow for achieving economies of scale by bringing the separate operational entities under one administrative structure.

Annexation is also expected to reduce current burdens on the agencies’ busiest stations by increasing resources within the current footprint of East Contra Costa Fire District in East County.

About Contra Costa County Fire Protection District (Con Fire) — A recognized fire service Leader – Con Fire provides fire and emergency medical services to some 625,000 residents in 14 cities and unincorporated areas across our 304 square-mile jurisdiction. And, through our unique ambulance Alliance, we provide EMS and ambulance transport services to much of the remainder of Contra Costa County, California. With few exceptions, county emergency ambulance transport services are provided by Con Fire through its unique sub-contractor Alliance model across the District and beyond to include some 520 square miles of the County. In 2021, the District responded to more than 141,000 incidents of all types, including some 55,000 fire and EMS emergencies, and dispatched nearly 100,000 ambulances, providing expert medical care on more than 75,000 ambulance transports.The District, with 26 fire stations and more than 400 employees, is dedicated to preserving life, property, and the environment.

About East Contra Costa Fire Protection District — The East Contra Costa Fire Protection District (ECCFPD) is a rural-funded fire district that currently operates three fire stations and has a three-station deficit. The District protects a population of more than 128,000 across its 249 square-mile service area. ECCFPD provides firefighting personnel, emergency medical services (basic life support), and fire prevention to the residents and businesses of the cities of Brentwood and Oakley, and unincorporated communities of Discovery Bay, Bethel Island, Knightsen, Byron, Marsh Creek, and Morgan Territory. Learn more at www.eccfpd.org or on social media via Facebook (East Contra Costa Fire Protection District), Instagram(@east_contra_costa_fire), Twitter (@ECCFPD ) or our YouTube channel (East Contra Costa Fire Protection District).

Contra Costa, 9 other Bay Area and Santa Cruz county health officers to lift most indoor mask mandates for vaccinated Feb. 16

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Matching state’s order one day prior; order comes one day after Contra Costa Supervisors appoint new county health officer; state continues to require masking in K-12 school settings

In alignment with the State, the Bay Area counties of Contra Costa, Alameda, Marin, Monterey, Napa, San Francisco, San Mateo, Solano, Sonoma, the City of Berkeley, and Santa Cruz County will lift universal mask requirements for vaccinated individuals in most indoor public settings beginning Wednesday, February 16. The change comes one day after Contra Costa Supervisors appointed Dr. Orli Tzvieli as the county’s new health officer. (See related article)

The change aligns with the California Department of Public Health’s (CDPH) decision to let expire the statewide indoor mask requirement, which was instated on December 15 during the latest COVID-19 surge, in spite of scientific evidence masks don’t work in preventing the spread of the virus. That’s because the size of the COVID molecule is much smaller than the gaps in the fabric of most if not all masks being used. In addition, a 2021 study (that has not yet been peer-reviewed), conducted using data from the CDC covering multiple seasons, reports that “mask mandates and use are not associated with lower SARS-CoV-2 spread among US states.” That study also shows “case growth was not significantly different between mandate and non-mandate states at low or high transmission rates, and surges were equivocal.”

Yet, unvaccinated individuals over age 2 will continue to be required to wear masks in all indoor public settings. Businesses, venue operators and hosts may determine their own paths forward to protect staff and patrons and may choose to require all patrons to wear masks.

Plus, indoor masking is still required by the State for everyone, regardless of vaccination status, in public transportation; health care settings; congregate settings like correctional facilities and homeless shelters; long term care facilities; and in K-12 schools and childcare settings.

Bay Area health officers, in alignment with CDPH, continue to strongly recommend masks be used as an effective tool to prevent the spread of the virus especially when case rates are high, or when additional personal protection is needed. Continuing to mask in indoor public settings, especially crowded or poorly ventilated spaces, remains the safest choice for an individual and protects those who are medically vulnerable or are not able to get vaccinated, like our youngest children. As evidence continues to show, vaccinations and boosters remain the best defense against the virus.

The highly contagious Omicron variant brought on a new stage of the pandemic with a high number of new infections, but significantly fewer cases of life-threatening illnesses, especially for those who are vaccinated and boosted. While relaxing indoor masking requirements is part of a population-level shift toward a “new normal” of living with the disease, the Health Officers recognize that essential workers and communities of color continue to be highly impacted by COVID-19 and will need additional support to limit widening health disparities. Changes to health orders and recommendations may be updated as Health Officers follow the science and the data to evaluate whether additional protective measures may be needed as the virus evolves and if future surges occur.

People should continue to choose layered prevention strategies, such as wearing well-fitted masks (N95 or double layer cloth over surgical are best); staying home and testing when symptomatic; testing before gatherings; and improving indoor ventilation in situations where these strategies can add protection for themselves and others. Staying “up to date” on vaccinations, meaning primary series and boosters when eligible, remains the most important way to prevent severe illness, hospitalization, and death.

After reaching a high on January 9 of 2,835 new cases per day, Contra Costa’s case rates have rapidly declined to a 7-day average of 958 on February 1 and continue to drop. Meanwhile, hospitalizations, a lagging indicator of disease, have begun to drop and never exceeded local capacity during this latest surge because of the county’s overall high rates of vaccinations (80%) and boosters (49% of those eligible). Contra Costa’s universal mask mandate has been in place since August 2 when cases began climbing from the Delta variant.

A combination of preventative strategies, along with the community’s cooperation helped get the Bay Area through this last surge together as a stronger community.

“We are able to take this next major step of removing the universal indoor mask requirement because we have laid a strong foundation in good public health protections..and know we can reduce severe illness, hospitalizations and deaths,” said Dr. Ori Tzvieli, health officer for Contra Costa County.

By aligning with the state masking rules, the participating Bay Area counties will not need to meet previously established criteria for lifting local masking orders, which were devised at a different point in the pandemic.

CDPH continues to require masking in K-12 school settings but has indicated adjustments to the state’s policies will be shared in the coming weeks. In the meantime, there is work to be done in closing the remaining gaps in vaccinations and boosters among children with a particular focus on equity gaps within the most highly impacted communities.

For early education programs, such as preschool and childcare settings, CDPH continues to require masking for children older than age two. Vaccinations for children under 5 are currently undergoing federal review. Workplaces will continue to follow the COVID-19 prevention standards set by CalOSHA.

Some people may understandably feel anxious about these changes to masking requirements in the county. People can continue to choose to wear face coverings around others whether it’s mandated or not and should respect people’s choices around their health. Community members who are vaccinated and choose not to mask should respect the choices of those who continue to mask. Officials ask residents and visitors to be kind and respectful as people evaluate their risks and make choices to protect themselves and those around them.

Allen D. Payton contributed to this report.