Antioch city attorney resigns

ANTIOCH — Antioch City Attorney Thomas Lloyd Smith resigned Jan. 17 following a special city council meeting held on the same day.

Replacing Smith on an interim basis will be Derek Cole of Cole Huber LLP, the city said Tuesday in a news release. Cole will fill that role until a permanent replacement is appointed.

“The City Council would like to express its gratitude to Mr. Smith for his service and dedication to our city over the past five and a half years and wish him well in his future endeavors,” the city said in the release.

Prior to Tuesday’s announcement, the Antioch City Council held a special closed-door meeting on Jan. 17 with one agenda item that simply indicated that a “public employee performance discipline or dismissal or release” would be discussed. Councilmember Tamisha Torres-Walker was absent.

While it was unclear at the time which employee was involved, a small group of residents and activists showed up at City Hall in support of Smith following rumors of his possible dismissal by the council.

Members of the public brought placards in support of city staff, and some showed their displeasure against council members such as Donald P. Freitas. Among others, some of the signs stated, “Don the con, our racism is showing,” “Recall Elon Freitas,” and “We won’t go back.”

Freitas confirmed to this news organization that the closed meeting centered on Smith’s role as city attorney. He said he spoke with Smith following the Nov. 5 general election, adding it was best for the newly elected city council to move forward and appoint a city attorney.

“I’m sure he saw the possibility of this decision and acted accordingly,” Freitas said.

In December, Freitas publicly called for the termination of Smith as one of his five requests submitted to the mayor.

“I realize this may be controversial, but when I talk about developing the team between the council, city manager, and city attorney, I believe that Mr. Smith has served the city well for six years, but I would recommend that we terminate the city manager and go out and recruit and hire a city manager that all five of us have the (a) say in,” said Freitas in the meeting on Dec. 10.

Freitas said Tuesday that some of the “speculations and accusations” voiced by the public last week were inaccurate. According to Freitas, the results of the Nov. 5 election made it clear that voters wanted a new direction for the city.

Smith, a Harvard law graduate, was the first African-American city attorney appointed in Antioch. He previously worked for the city of San Leandro as an assistant city attorney before being hired for his role in Antioch in 2019.

Antioch, a city of about 115,000, has had its fair share of racial tension. Over the past 20 years, the city’s Black population has doubled, while the White population has dropped to just over one-third of total residents.

During public comment last Friday, residents urged the council to be transparent and disclose its reasoning for acting against Smith. Many said the move showed that racism was still ever-present in the city.

Nichole Latrese Gardner, a resident and founder of the nonprofit Facing Homelessness, said Smith inspired her to jumpstart her advocacy work.

“I watched a city council meeting, and I heard you speak, ‘We don’t want to criminalize homelessness,’” said Gardner. “It was the first time I heard the term homelessness. You jumpstarted my advocacy work then.”

Gardner said Smith has always been professional and courteous to residents, especially those who had to meet him for related litigation matters involving the city.

“Be transparent and let the community know what’s going on because this (move to terminate Smith) looks like it’s just racism,” said Gardner.

Kathryn Wade thanked Smith for doing his job to support those “who have been victimized by the Antioch Police Department” and for handling the city’s legal matters.

Wade said it was a “shame” that some have called for Smith’s termination despite his efforts with the city.

“You know you didn’t create that mess. You didn’t have to sit in this position to clean up their mess because this is their mess. It’s not yours,” said Wade. “Your position is different from theirs. And for them to attack you like that. It hurts my feelings because you shouldn’t even have to be signing checks of people who have been victimized by a police department in this city.”

Smith, unable to speak before the session was adjourned, could be seen wiping away tears. After hours of closed-door discussion, the council resumed with Smith no longer present in the room. Mayor Ron Bernal noted that no reportable action was taken.