Where’s Whitaker?

 

Lost in plain sight…
FFFF has been busy detailing the ridiculous waste of public money that is poured into a PR outlet pretending journalism called Behind the Badge. This on-line enterprise provides happy, pro-cop stories that are meant to put the police in a good light by sharing feel good stories of philanthropy, charity, empathy, blah, blah blah. The editor, Bill Rams, says his business is necessary because the innocent and naive cops are just so doggone rotten at tooting their own horns. So we pay to have our own force shoved back at us as veritable paragons of virtue. Is there a single person in Fullerton taken in by this claptrap?

Anyway, a few weeks ago I posted a letter that had been sent to our mayor, Bruce Whitaker, about the Back the Badge contract, an irresponsible, staff-driven, no-bid, fixed-fee arrangement that has no intelligible scope of work, no way to measure effectiveness, and the management of which had been badly bungled by former City Manager Wild Ride Joe Felz.

Could greatness be thrust upon him?
Well, two City Council meetings have passed and nothing has been agendized by our mayor to discuss this $4000 per month mess, a waste made particularly acute by last week’s doom-and-gloom budget forecast. Does Mr. Whitaker condone this insulting $50,000 a year boondoggle while Fullerton’s ship keeps taking on oceans of red ink? How does he condone not even talking about it? I don’t know, but maybe somebody will go to the next meeting and ask him.

How Fitzcal Irresponsibility Drove Us Over the Cliff

“Hey, it was balanced for a few seconds!” Jennifer Fitzgerald, probably

 

Now that the City of Fullerton is finally admitting that our budget is not balanced!, contrary to Jennifer Fitzgerald’s campaign claims, this would be a good time to revisit how we got here in the first place.

The City of Fullerton website includes links for the minutes and agenda for the last four years of city council meetings and beyond and can be found here.  You’ll find that on October 20, 2015, Fitzgerald voted for the Memorandum of Agreement with the Fullerton Municipal Employees Federation 1200 (resolution 2015-52), which provided increased costs of $5,595,576 over the next four years, and then voted for the contract at the second reading on November 3, 2015. The resolution passed 3-2.

But that’s not all, not by a long shot.

On November 3, 2015, Fitzgerald voted for the Memorandum of Agreement with the Fullerton Police Officers’ Association – Safety and Dispatcher Units (resolution 2015-59), which provided increased costs of $9,502,904 over the next four years, and then voted for the contract at the second reading on November 17, 2015. The resolution passed 3-2.

Fitzcal responsibility.

On February 16, 2016, Fitzgerald voted for the Memorandum of Agreement with the Fullerton Firefighters’ Association (resolution 2016-16), which provided increased costs to the city of $1,959,821 over the next two years, and then voted for the contract at the second reading on March 1, 2016. The resolution passed 3-2.

On April 5, 2016, Fitzgerald voted for the Memorandum of Agreement with the Fullerton Management Association (resolution 2016-23), which increased costs to the city of $1,175,030 over the next four years, and then voted for the contract at the second reading on April 19, 2016. The resolution passed 3-2.

Also on April 5, and again on April 19, 2016, Fitzgerald voted for a revised resolution providing for raises to confidential non-represented employees (resolution 2016-24), which increased costs to the city of $391,857 over the next four years. The resolution passed 3-2.

And on December 6, 2016, Fitzgerald voted for the Memorandum of Agreement with the Fullerton Police Management Association, which increased costs to the city of $882,492 over the next four years. The resolution passed 3-2. Oh, and if you’re interested, this was the meeting where outgoing councilmember Jan Flory berated Josh Ferguson for having the temerity to claim our budget wasn’t balanced and we were exhausting our reserves (starting at around 1:21:00).

Over the course of her first term in office (the December 6 hearing was a lame duck session), Jennifer Fitzgerald voted for pay increases totaling nineteen million five hundred and seven thousand nine hundred and fifty three dollars ($19,507,953) over a four year span – or almost five million dollars per year. And Fitzgerald’s vote was crucial for the passage of each and every one of these pay increases.

And let’s not forget the numerous “side letters” Fitzgerald approved over the years as well – including one for $500,000 on November 5, 2013, for $450,000 on March 4, 2014, for $60,000 per year on April 15, 2014 (to “adjust” Fullerton Fire Management’s pay to bring it into parity with Brea’s), and for $202,00 on November 14, 2014, plus several other agreements for less than $100,000. Oh, and let’s not also forget the $4.9 million settlement of Ron Thomas’s lawsuit which Fitzgerald also voted to authorize, which will be indirectly paid for by the city through increased insurance premiums for decades to come.

So Jennifer Fitzerald didn’t just mislead voters about our supposedly balanced! budget. – she was one of the architect of our current fiscal mess in the first place.

The Liar

The new, official City Bird

We are used to politicians lying to us, especially when they are running for office. Sometimes the lies are more or less fuzzy, but once in a while the lies are staggeringly blatant. So blatant, in fact, that we must assume the politician believes the electorate are idiots.

Bored and angry. Accountability? It was never on the agenda.

And so it was last year with then-lobbyist-mayor and humble vessel of God, Jennifer Fitzgerald, whose campaign rhetoric deliberately misled the public into believing everything was just fine with Fullerton’s financial state of affairs. Here are a couple of pearls from her little chest of jewels:

BALANCED BUDGET

While other cities in Orange County are trying to raise sales taxes to prevent insolvency, in Fullerton, our budget is balanced!  Our five-year financial forecast shows a balanced budget to 2020.  We’ve done this by making the most of our assets and minimizing our liabilities.  

REDUCED UNFUNDED PENSION LIABILITY

With conservative fiscal management and successful revenue strategies, Fullerton has been able to reduce its unfunded liabilities. This is a long-term strategy, with a short-term goal to achieve what is a generally accepted adequate level of funding of 80% of liabilities.

It didn’t take long for that hot-air balloon of happy talk to sail away. Barely three months after Fitzgerald’s re-election she had to listen as the Director of Administrative Services, Julia James, at last week’s budget workshop, tell the exact opposite story. Due to continuing unbalanced budgets and exploding pension costs, the City is following in the footsteps of Stanton and Westminster with a built-in, structural budget deficit. Naturally the cops and the “fire fighters” bloated salaries and pensions are the principle cause of the impending disaster.

James mentioned taxes as a solution. Any takers?

How long will it be before our temporary City Manager, who has absolutely nothing to lose, begins crisis public meetings meant to gin up support for a Fullerton sales tax increase? And how long will it be before the people who voted for her realize that “SparkyFitz” Fitzgerald would have said, and did say anything to get re-elected?

 

 

 

 

Red Ink Tsunami

Last night’s budget workshop showed some pretty dire forecasting. Due to exploding pension costs, especially for our good friends in “public safety” Fullerton is going to deplete its reserve funds in five years, just like other standout OC cities such as Westminster and Garden Grove and Stanton.

The “unfunded pension liability” issue has been around for years, despite the public employee union’s efforts to minimize it, but here our Director of Administrative Services, Julia James, informs the Council that the California Public Employee Retirement System (PERS) is still using happy-talk return projections. The City’s cost to pay for our fire and police Heroes is expected to double.

Hmm. Did you catch our lobbyist-councilwoman Jennifer Fitzgerald interrupt Ms. James at the 4:25 mark in a sneering attempt to downplay the crisis as bureaucratic alarmism? Fitzgerald has all sorts of selfish reasons to avoid talking doom-and-gloom, namely, she has been right there over the past four years as the S.S. Fullerton was taking on water and rather than try to plug the holes was happily drilling more. Naturally her pals in the police and fire unions are not going to want to share the pain. And James’s talk about possible revenue sources to staunch the bleeding includes a tax, which would be a likely coffin nail in SparkyFitz’s already dubious political future.

Boozing, Schmoozing and Being Lobbied. Check, Please…

 

Man, there’s a lot of bottles back there!

Let’s say you’re the mayor of a City that is chugging red ink like a drunk city manager slurping booze in a cheap downtown Fullerton bar. Would you be sensitive to the appearance of wasting taxpayer’s money on a footling trip to Sacramento, ostensibly to “advocate” for something? Well, not if you’re crooked, and very confident. And nobody has accused our 2016 mayor, Jennifer “sparkyfitz” Fitzgerald of honesty, or lack of confidence about not having it.

Last year the Orange County Business Council, the twisted brain child of grifters Curt Pringle and Lucy Dunn (whose purpose is to rob public agency coffers) teamed up (once again!) with the Association of California Cities – OC another twisted brain child of Curt pringle and Lucy Dunn (whose purpose is to rob public agency coffers). Why? The teamwork was meant to throw a big, out-of-town lobbyist party. In Sacramento. Naturally, our then mayor-for-hire Jennifer “sparkyfitz” Fitzgerald had to attend. And so did our then-City Manager Joe Felz. Wild Ride Joe knew which side of his bread was buttered and who was buttering it. And then there was all that liquor – paid for by somebody or other.

Of course “advocacy” means lobbying, but surprise! It turns out that the would-be lobbyists were not going to Sacto to lobby, but to be lobbied! And we paid for it.The politicos who went were there to lobbied by other ACC-OC/OCBC members! That’s the cozy, incestuous little world inhabited by the Fitzgerald family. That’s the ACC-OC/OCBC formula for success.

Wow. Even Doug “Bud” Chaffee went to this expensive non-event. And while certain stuff that couldn’t be easily laid on the public – like Chaffee’s wife’s plane ticket – was reimbursed by the party-goers – the rest of it was on our dime. And at the very same time Fitzgerald was lying about Fullerton having a balanced budget. Here are the numbers:

 

What sort of idiot pays almost $500 for airfare to Sacramento? The sort of person who is playing with house’s money. I wonder if a single mutual legislative goal was achieved. I bet not. Any takers?

The Enduring Legacy of Manny Ramos, Danny Hughes, and the Culture of Corruption

 

The gift that keeps giving…

Okay, Friends, here’s a blast from the past.

Back on the first day of summer in 2011 Fullerton cop Manny Ramos allegedly roughed up a handicapped dude in an Albertsons parking lot and threw him into the Fullerton clink. Mark Edwin Walker was charged with all sorts of nastiness like resisting arrest and public intoxication.

Manny’s badge of honor awaits a band aid.

FFFF wrote about this back in 2012. We noted that the phony charges dreamed up by the supremely fat and lazy Ramos were thrown out by a judge. Ramos was lucky. He didn’t even have to commit perjury (like several of his colleagues have done) to back up his story.

And now, our perusal of recent City settlements shows that Walker got paid $20,000 in nuisance money – given the happy fact that twisted cops in OC can pretty much do any goddamn thing they want with impunity.

Ya see, it’s all about perception. That’s why I hired a PR guy…and always pose in front of a flag.

Of course 20 grand is chump change and the Fullerton taxpayers are a lot luckier than they deserve to be, if you think about it. Unfortunately, the real cost to Fullerton happened a few weeks later when Ramos harassed, intimidated and instigated the activity that led to the death of Kelly Thomas. That one was caught on video and cost $5,900,000 (if you don’t count hundreds of thousand in legal fees). And who was in charge of the walrus with the bad attitude, and who later insisted that those of us who observed a Culture of Corruption in the FPD were misinformed? Why none other than former PoChief Danny “Gallahad” Hughes.

 

Walker v Fullerton Complaint

Walker settlement agreement

Behind the Bullshit: Poor, Poor Pitiful Me

It was only a matter of time before the laughable pro-cop PR outlet called Behind the Badge (that we pay for) went from trying to impress us with Fullerton cops’ good works to putting the poor lads on the psychiatrist’s couch.

Service pistol concealed in robes…

A typical BtB “article” reads like a veritable life of Saint Francis of Assisi, in which the sick are healed, the hungry are fed, and the homeless housed. But not the piece I’m writing about today. It was crayoned by a well-pensioned Anaheim former cop called Joe Vargas, and it refers to a Pew Research Center report about a survey that allegedly proves how tough and dangerous cops say their work is, what with all those suspicious black folks and noisy critics doing all that complaining. Why, Good Heavens! They are almost afraid to go out on the streets, seemingly.

Off course Mr. Vargas fails to inform his readers that the survey is all about impressions and opinions and doesn’t provide a nickle’s worth of statistical information about the real risk involved in being a police officer. It’s all about feelings.

And now let’s enjoy the self-serving takeaway provided by Fullerton’s police union:

I have a different question…

Oooh. Scary stuff!

Here’s an alternative question: does the cops’ ability to be shielded from the consequences of their own illegal behavior by POBAR, and by a justice system and by union-elected politicians that coddle and protect them at the price of justice itself, impact public safety? Of course we all know the answer to that.

By the way, it’s too bad Vargas doesn’t cite results shared in the entire Pew article, which paints a much less dire picture of how cops view their  jobs. But Behind the Badge is  pure for-profit propaganda, so expecting an honest essay from Officer Joe is a lot like expecting a good reason for someone to end up in the Fullerton jail.

 

 

Behind the Badge: The No-Bid No No and An Email to the Council

I rescued a cat. The beat down on that kid never happened.

FFFF has tracked the obscene waste of taxpayer money – $200,000 so far – on a vacuous, pro-cop PR outlet run by Cornerstone Communication called “Back the Badge.” We have noted a supremely fuzzy contract, approved only by a bureaucrat and managed in the most slip-shod fashion.

On February 2nd, Mr. Travis Kiger sent a communication about it to Mayor Bruce Whitaker. We faithfully reproduce it, here:

Mayor Whitaker,

After reviewing the contract, purchase orders and payments to Cornerstone Communications, along with the communication from the city below, it is clear that the City Manager issued the contract and payments improperly.

City code 2.64.050 and city policy requires a Formal Bid Procedure be followed for awards over $50,000. On 3/28/2013, the City Manager signed a contract with Cornerstone Communications not to exceed $40,000 with no evidence of a Formal Bid Procedure. On 5/20/13, less than 2 months later, the city issued a purchase order extending the contract by 6 months and $23,000. This PO brought the total contract value to $63,000 in the first year. This maneuvering suggests that the City Manager intentionally bypassed the city’s requirement for a formal bid procedure.

This issue is even more alarming considering that City Manager and the Chief of Police had an existing relationship with Bill Rams, the proprietor of Cornerstone Communications, prior to the initial contract issuance.

Additionally, there were $32,000 of payments to Cornerstone Communications from 4/1/14 through 11/1/14 that were made without an active contract or purchase order. This is an egregious error that is further complicated by city management’s pre-existing relationship with the vendor.

There are other problems with this vendor relationship. Purchase orders were issued in excess of the contracted amounts and term without an updated contract. The contract is open ended, vague and does not provide for specific performance. The contract does not require the vendor to deliver performance reporting, nor is there evidence that the vendor provided evidence of effectiveness of deliverables, which is customary in online marketing agreements.

Given the improper nature of the issuance of the contract, which was renewed over four consecutive years without the approval of the City Council, and the sudden departure of the City Manager who oversaw this contract, I strongly believe the council should review the contract and payments to Cornerstone Communications at a public meeting immediately.

Thank you,

Travis Kiger

Email re Cornerstone Communications

Cornerstone Communications Contract and Invoices

Now let’s see what Mr. Whitaker and the City will do with it, if anything.

Get Run Over, Get Paid

Remember David Tovar, the bike rider guy who got rammed from behind by an unmarked Fullerton police vehicle? In case you don’t, here’s an interview from 2012:

Tovar later filed a civil rights suit against the city of Fullerton, claiming that officer Bryan Bybee intentionally used the vehicle as a deadly weapon.

The city predictably responded by denying all claims.

Well, we went spelunking through settlement agreements approved by City Hall and discovered that the taxpayers up coughed up $20,000 to David Tovar for one of our cops chasing, and crashing into him.