ANTIOCH — The Antioch City Council last week rejected several proposed changes to the city’s Police Oversight Commission, including background and social media checks for commissioners.
Pushback and concerns were centered on three recommendations: background checks and fingerprinting, which include information from social media reviews during the selection process for new applicants to become a commissioner; the City Council’s authority over a temporary pause on meetings; and allowing officers from law enforcement agencies to serve on the commission.
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Councilmember Donald Freitas opposed background checks and fingerprinting, adding it was not appropriate for the commission. He said the commission was held to a different standard compared to other boards and commissions in the city, adding there should be consistent standards for all.
“I don’t think it’s appropriate in this commission. I don’t think it’s appropriate in any commission,” said Freitas, adding that the process can bring in prejudice and bias.
Susan Kennedy, a member of the oversight commission, urged caution on background checks and social media reviews, adding that such rigorous requirements “potentially sends a message of exclusion.”
“It also begs the question, why just APOC? A review of social media creates concern in the current climate of cancel culture. It seems to be everywhere we turn,” said Kennedy.
The recommendation followed the appointment of Joseph Mitchell as the city’s newest member of the commission in May.
His appointment drew objections from residents over his alleged racist, anti-LBGTQ+, and anti-immigrant social media postings.
Mitchell defended some of his posts and called himself a “moderate conservative.”
Residents were also concerned with having current or former police officers or their spouses as members of the commission, likening it to “the fox guarding the hen house.”
Assistant City Attorney Kevin Kundinger said a commissioner with a background in law enforcement would help bring a different perspective to issues discussed. Referring to the police commission in Seattle, Kundinger said there were two police officers who were appointed to serve.
“Seattle just exited their consent decree recently that they had with the U.S. government, so this is something that isn’t unprecedented, and something that has been endorsed by the U.S Department of Justice in the past,” said Kundinger.
A new addition to the proposed recommendation was allowing the City Council to have the authority to temporarily pause the oversight commission itself.
It noted that such action may only be approved by a majority vote of the council, based on factors such as “the commission’s effectiveness, compliance with legal obligations, budget constraints, or shifts in city priorities.”
The temporary suspension should not exceed three months within a rolling 12-month period. The oversight commission also would not have the authority to pause without getting the green light from the City Council.
The recommendation stems from a request in February by Mayor Ron Bernal to pause the oversight commission while the city found a replacement for Commissioner Leslie May. Her exit left the commission with only four members.
Bernal said he was told the City Council could not pause the commission as it did not have the authority to do so. City staff were directed to work on a plan to address the recommendation.
Councilmember Monica Wilson felt a temporary pause was a “slippery slope.”
“To me, there has to be an extreme circumstance and valid reasoning,” said Wilson.
Councilmembers Louie Rocha, Wilson, and Freitas believed that any changes to pauses should apply consistently to all boards and commissions, not just the oversight commission.
“I know some people have conspiracy theories that the City Council, future city councils, are going to, you know, start pausing and try to destroy APOC,” said Freitas. “I doubt that will ever happen, particularly with some of the audience we have here today. I just don’t think publicly it would work.”
Other proposed changes to the commission included requiring each commissioner to complete a police ride-along within 90 days of appointment, rather than within the first 30 days.
Councilmembers also asked staff to look for alternative training, such as sitting in with a dispatcher rather than a ride-along, and to include certain exceptions for commissioners who may not be able to participate in such training.
The recommendations, however, are not finalized as city staff will prepare a detailed ordinance with the suggestions and bring it back for subsequent review.
After that, the ordinance could be adopted at a future meeting.