“all charges against Hamel, including charges relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness were never resolved or proven because there was no Skelly hearing or opportunity for appeal and, accordingly, are not sustained.”
If you’re wondering what a “Skelly” hearing is I’ll let the city of Fullerton’s own city attorney Jones & Mayer lay it out:
Due process requires that any deprivation of life, liberty, or property be preceded by notice and opportunity for hearing appropriate to the nature of the case. In California, this is referred to as a Skelly hearing or conference, after the California Supreme Court decision in Skelly v. State Personnel Board, 15 Cal. 3d 194 (1975).
The Ninth Circuit held that, at a minimum, these pre-removal safeguards must include notice of the proposed action, the reasons therefore, a copy of the charges and materials upon which the action is based, and the right to respond, either orally or in writing, to the authority initially imposing discipline.
Basically you don’t schedule a skelly hearing unless you’re going to discipline somebody and take something away from them – usually their job. (more…)
As hinted yesterday, we received an anonymous piece of correspondence with a copy of the separation agreement between “Lieutenant” Kathryn Hamel and the City of Fullerton.
It is quite an interesting read. We aren’t the only outlet to receive this so we’re curious to see what coverage, if any, this receives in the press.
From what we have gathered Officer Hamel had at least two internal affairs investigations into her actions. It is alleged that one of them was for giving false statements.
These internal investigations were dropped as a condition of this settlement specifically to avoid disclosure under the law known as SB1421.
To quote the agreement (bold emphasis added, caps lock in original):
“The City will revise its Notice of Intent to Discipline Hamel to remove allegations relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness.The Interim Police Chief will place a notice in the file indicating that, pursuant to settlement, all charges against Hamel, including charges relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness were never resolved or proven because there was no Skelly hearing or opportunity for appeal and, accordingly, are not sustained. The IA investigation, and related materials including the revised Notice of Intent to Discipline,will be sealed and maintained in the Human Resources Department, and only in the Human Resources Department, with a notice reading:“THIS IS A SEALED FILE AND SHOULD NOT BE DISCLOSED OR OTHERWISE PRODUCED WITHOUT WRITTEN PERMISSION FROM THE CITY MANAGER, AND ONLY AFTER RECEIVING A WRITTEN OPINION FROM THE CITY ATTORNEY THAT SAID RELEASE OF INFORMATION IS REQUIRED UNDER APPLICABLE LAW.”
“The City asserts, based on a “not sustained” finding of all charges, that any and all records relating to this investigation are not subject to release under Senate Bill 1421.The City further asserts that any challenge to this legal opinion by any entity will be defended by the City – in court if necessary – to the fullest extent.”
Since Jerry Brown made it possible to find out when police lie, sexually assault people and cause great bodily harm through SB1421 the police and local governments in CA have been scrambling to find ways to block it’s implementation or ways to work around it and here we see one of those ways.
We citizens should fully expect that this is going to be the new normal.
Lacking consequences the police will continue closing cases and ending investigations to protect their own. Watch as the councils and mayors of our city and state do nothing for fear of union funded reprisals at the ballot box.
This is what happens when there is no objective civilian oversight and departments are allowed to handle their own investigations into the wrongdoing of their friends, family and co-workers. (more…)
The Fullerton Firefighters are pushing a narrative that they’re understaffed and underpaid on social media, so let’s talk about it.
We constantly hear about how underfunded, unpaid, underappreciated, undereverything our Police and Fire Depts are from the “Hero Deserve” crowd and the opposite side likes to point to pay rates, pension spiking, double dipping, medical presumptive, lies about early death, OT abuse, CalPERS costs and other fiscal rebuttals.
But what we almost never talk about is how we actually implement service and if we do things in a smart, fiscally sound or even common sense way in our departments. Our City Council won’t touch these issues because they’re petrified of the unions spending campaign money against them or they’re colluding with the unions in order to get those sweet, sweet endorsements.
Since council won’t discuss these things openly I figured we can do it ourselves before dropping numerous records requests.
Therefore for the sake of starting discussions I’ll drop two topics;
If our fire engines, with a crew of 4, have a max of 2 Paramedics on board and 85% (per their statements) of their calls are medical then what do the other 2+ crew members do during the majority of these calls? Are they glorified Uber just taxiing the paramedics around? What do they do at the hospital? How much time do these non-paramedics spend doing crowd control and the like?
Every time I see a police stop or call where the police department is at a scene I see multiple vehicles on scene. To the casual observer it seems that there are multiple units at every stop seen. I understand the premise of needing or wanting backup but why not drive around in pairs so you have backup with you at all times instead of needing to wait for it and waste the resources (gas, etc) on another vehicle?
Does anybody have stats on these things? How many calls for FFD are actually medical? How many calls does each crew actually respond to and what do they do on scene? How much OT is accumulated for passive activities?
How many calls does FPD respond to and how many of those calls require backup? How much backup typically responds? What’s the response time for this backup? How is this different for traffic stops versus calls for service?
I think as the city prepares for budget meetings with so much of our budget going towards salaries and pensions these numbers should be discussed and be as transparent as possible. If we need to pay people more to retain them we need to make sure we’re getting the most bang for our buck and the best, most logical and fiscally sound, service possible.
We’ve received, via a Public Records Request, some of Community Development Director Ted White’s text messages with downtown bar owner Joe Florentine. It looks like Mr. White is working for Florentine which explains a lot:
To clear this up, those “issues” that Mr. Florentine is talking about include all of his violations of the municipal code and his Conditional Use Permit – specifically his illegal refusal to install fire sprinklers.
Florentine is in gross violation and Ted White is pushing a big change to the municipal code through council in order to facilitate Florentine’s bad behavior.
While Mr. White likes to talk about how hard his job is, how impossible enforcement is and how outdated it is to look at “lumens” regarding lighting – he doesn’t admit that fire safety isn’t on his list of priorities – nor is actually doing his job.
Florentine’s properties on the corner of Harbor and Commonwealth, the largest bar / nightclub in all of Downtown Fullerton, as far as we can tell, is the ONLY business given a pass on fire and life safety issues.
We also have it on good authority that Mr. White tried to illegally INCREASE the occupancy at Florentine’s properties, in violation of the law, while ignoring the fire sprinkler issue that has been ignored by staff for 10+ years. Why? Why potentially put more people at risk?
And Mr. White isn’t alone in his belief that one man is above the rules and laws in Fullerton.
Every single year the Fullerton Police Chief, currently Robert Dunn, issues Florentine a Live Entertainment Permit threatening to enforce the applicable laws/permits. And every year the Chief does nothing but wield his rubber stamp for downtown law breakers. This is worse than the old joke of the UN saying “Stop! Or we’ll yell ‘Stop!’ again!” because our Chief can’t even be bothered to use the “S” word. (more…)
We here at FFFF over the years have pointed out the Florentine sidewalk theft and more recently the sham of city oversight in Florentine’s decade+ refusal to install fire sprinklers.
Those stories led a reader to send us a video that may make that fire sprinkler issue way worse in context. It’s a story about what allegedly happened at Florentine’s Melody Inn back in 1989 in Downtown Fullerton.
Those of us in the cheap seats out in Podunk have noticed something odd and can’t quite figure it out and we’re hoping that some of you friends have some answers.
The problem is that Joe Florentine operates a night club in clear violation of the Fullerton Municipal Code and possibly CA Law if not just CA building codes. How so? His nightclubs located at 100-104 N Harbor Blvd, and which have a combined occupancy of over 300 people, are lacking fire sprinklers. Feel free to check for the permits yourself to verify.
The CUP from 2008 on this issue fully states (our emphasis):
“12. The 2008 Building Code requires that restaurants and drinking establishments with a fire occupancy of 100 persons or more are required to install fire sprinklers. As a result, the business owner is required to add fire sprinklers as a matter of approval. Because this is a Building Code requirement, the Planning Commission does not have discretion to waive this requirement. Staff has recommended a condition to assure that the work be performed within a specified timeframe of the use approval, or else the CUP will be brought back to the Planning Commission for revocation.”
Here’s the California Building Code for those who are curious, keep in mind that Florentine’s is said to be about 8,000 sqf:
His business qualifies as requiring fire sprinklers. His conditional use permit requires him to have fire sprinklers. Yet he has no fire sprinklers.
Why are there no fire sprinklers?
Why hasn’t his Conditional Use Permit been revoked as required by law?
For 10+ years Florentine has been operating the largest restaurant / night club against the law and for 10+ years our staff has done nothing about it. Even though Fire and Life Safety are the issues at hand.
OK, that’s not fair to staff. They have done something. They’ve willfully ignored fire codes, building codes and public safety. We’ve got to give credit where credit is due and nothing in this case certainly is something.
Despite that 2008 Conditional Use Permit threatening a mandatory revocation, the city has never once enforced the issue of fire sprinklers let alone considered bringing his CUP back for possible revocation. Not Once. In all that time our useless Planning Commission has been too inept to ask tough questions of staff or for a list of gross violators to even notice this glaring slap against their preening authority.
But wait for it, it gets better.
Each year like clockwork the ever rotating Fullerton Police Chief signs off on Florentine’s Live Entertainment Permit making FPD complicit in this glaring life safety fail. Here’s an example from 2016/17:
“7. The C.U.P (if applicable) shall be strictly enforced.”
The Chief of Police is signing off on Live Entertainment Permits and claiming that conditions of use, such as fire sprinklers, will be enforced while NEVER ONCE ENFORCING THEM in well over a decade.
While Community Development Director Ted White likes to talk about needed changes to the municipal code, specifically Title 15 which passed our clueless Planning Commission, he mentions lights and lumens and outdated technology. It sure is curious that he never bothered to mention Fire Safety and how he, his staff, nor any staff across Fullerton, can be bothered to enforce those issues and laws either. Nevermind flagrant violations of state law, HOLY CRAP LOOK AT THOSE LUMENS! We just can’t measure those time to change the codes!
While he’s baffling our clueless leaders and representatives on the dais with bullshit, he’s letting guys like Florentine violate safety concerns because… why exactly?
No seriously, why? Why are we tolerating staff, our Planning Commission, and our City Council blatantly ignoring the law while they spoon feed us nonsense about lumen measurement?
This is an endemic problem. That Live Entertainment Permit as seen on the Fullerton website actually needs to be signed off on by multiple departments:
How is that nobody in the Building, Code Enforcement or the Fire Department has a problem with such a large venue with such a large civilian capacity each weekend being in clear violation of fire codes?
Joe Florentine actually made the case in front of the Planning Commission recently that the Live Entertainment Permit process was too arduous. Let that sink in. The dude who’s breaking the law and putting people’s lives at risk has the sadz because the process, that is letting him slip by with his lawlessness, wants the process to be easier!
Maybe you can figure out why right now, this weekend of St. Paddy’s Day which is one of the heaviest drinking days of the year, the city is going to continue to put hundreds of people at risk in Florentine’s night clubs.
The city knows Joe Florentine operates his bars outside the law. He is legally required to protect the public he allows in his doors, but refuses to do so. We know it, we tolerate it, and we even sign off on it at least once a year.
Why is this important? Why should you care that your city staff ignores the law and signs off on Florentine’s shenanigans?
Because this means YOU, the taxpayers of Fullerton, are on the hook for an accident in Florentine’s bars.
You, through the Police Chief & Fire Department, signed off on his entertainment permits to pack his bars.
You, through your Council, Staff and City Manager, told him he was safe, every year. You told him he’s a good operator despite obvious evidence to the contrary.
So what happens when, God forbid, there’s a fire like the Ghost Ship in Oakland where fire sprinklers were also lacking?
Who pays restitution? Little ol’ Joe with his big house and big pool up on the hill?
NO! You do! You pay! Just like you always pay when staff and council refuse to do their jobs. You signed the dotted line that blessed all his illegal bullshit and then you did nothing about it.
You get what you vote for, Fullerton. This weekend your vote will be used again to tolerate putting hundreds of people at risk. You voted for people to not enforce life safety laws, you voted to not enforce alcohol service laws, and you voted to not enforce zoning laws.
There’s an old rumored study that is often referenced, but not in detail, that says that Downtown Fullerton costs the city about $1million/year in a general fund subsidy.
Meaning that according to the available data we have the city subsidizes the bar scene out of money that could be doing things for us such as fixing our roads. But how much is downtown actually costing us?
No clue. This study is only ever referenced in passing and no numbers are ever presented.
Back in Oct 2017, when City Staff was selling council on a “Downtown Parking Plan”, which is nothing more than handing over our free city owned parking to bar owners at night so they can charge people and profit, they referenced this subsidy:
Then again in Feb 2019, when staff was pitching the same parking nonsense they used the same allusion to a subsidy:
To sort this out we asked how this subsidy is calculated because there is no way our City Staff, Manager and Council are so lazy as to rely on a years old, and disputed, study to determine new and current costs associated with how we run our city’s finances. Today the city got back to us.
Here’s the response in full from the city’s Administrative Services Director:
The comment was meant as a general comment and to briefly mention that future items would come before the Council. More specifically, this comment is based upon my understanding that a report was produced several years ago that demonstrated that there was an approximately $900K-$1M general fund subsidy for the Downtown area at the time the report was produced. There isn’t a more recent calculation of the subsidy that I am aware of.
Whoops. Turns out that we don’t know what Downtown costs. And yes, we are relying on a year’s old study to justify offsetting costs without know those very costs. Actually it might not even be a study. It could just be a guess, because we don’t know.
This answer is worse than it seems as it actually implies that the city has no idea what taxes we get from downtown and how those relate to what we spend to maintain and patrol said downtown. It also means that they don’t even know if there is or is not a subsidy and what it might be in [current year]. Heck, we could be throwing $xMil/year into downtown with police/fire costs (and the associated pensions) alone and not even know it. Or care to know it.
The city should know the costs of police, fire, maintenance and the potential lost business opportunities. Should.
What does Downtown Fullerton cost us as a city? We don’t have a clear idea.
Not a damn clue, actually. The city doesn’t know and hasn’t cared enough to find out in years. They’ll talk about taxes and selling capital assets and making plans to charge for parking and raising the noise levels – pretty much anything to benefit the bar scene, the very businesses that might be costing the city more money to maintain than they bring in in tax revenue. Why?
If you want to know why we have a structural deficit, why our roads suck, why our parks are often left to rot — This is why. We elect people who are too lazy to care about such basic government issues like costs and they in turn hire people who only care about costs or risks when it benefits the newest, shiniest 5 Year Plan they’re selling to that same council that hired them.
This is why things can’t get better until we stop letting council get away with polishing the brass on the Titanic while it sinks.
When Jan Flory came back to council she extolled her virtue of no scandals – and then her son Mike clearly decided – Challenge Accepted.
We really don’t want to write about this issue but it’s one which points to a pattern of problematic behavior that needs to be addressed. A pattern of behavior by a man who works around minors for the OC DA’s office and was recently convicted of PC 415(2) – Disturbing the Peace – in a case that originally involved a battery charge, PC M242, allegedly against a minor.
This new story is pretty simple. Somebody wanted a photo of Tickle from the show Moonshiners and that somebody asked the question of the wrong Mike. Instead of sending the message to Mike [Redacted] they sent it to Mike Flory. And instead of getting a photo of Tickle they got a photo of Flory’s junk.
To make this news it needs to be stated that that somebody – was Mike Flory’s niece.
Our victim’s own 8yo daughter was sitting with her when the offending message came in and she quickly deleted it so no, we will not be showing the photo here on FFFF but to satiate your dirty bird desires here is a stunt cock:
When his niece, who we should clarify was a flower girl in his wedding, got upset he doubled down claiming to want to “get up in those guts”. To his niece.
Now we’re no prudes and we normally don’t care who sends what to whom consensually – but this was an unsolicited genital pick sent to a family member. All from a man works for the DA’s office in the Juvenile justice department.
How do we know this happened absent the photo? We had to verify a few things.
First we have the messages that came after the offending photo:
You’ll notice on that first screenshot that the phone # is 714-305-5648. How do we know that’s Mike Flory?
Well, that was a small problem. As many of us have to remain anonymous here on FFFF due to retaliation and threats we didn’t exactly want to call a Deputy DA so we punched the number into the internet and up camethe State Bar of California website with:
The allegation then is that Mr. Flory is sending unsolicited dick pics from the phone # he has registered with the State Bar of California. Before people start complaining that this is Doxxing, no it isn’t as Mr. Flory has provided this to the State Bar as public information and it is easily searchable as just demonstrated.
But there’s no photo so how do we know one was sent? That’s what call logs are for:
We wanted to make sure there was a “there” there before running this piece and after some due diligence have every reason to believe that this happened as described to us based on the phone calls and texts we have had with Mr. Flory’s niece as well as the supplied evidence and a few character witnesses we have spoken to in the last few weeks.
This is an issue of integrity and ethics but also one of propriety in a District Attorney’s office which has been plagued with years of scandals, cover-ups and bad actors. This is a chance for our new District Attorney, Todd Spitzer, to show us that he doesn’t tolerate such behavior in his ranks and that he expects his staff to be better examples to the public they serve. To be humble and apologetic instead of sickos with no sense of shame.
We offer this as a challenge. The ball is in your court Mr. Spitzer. Are you going to continue the sordid legacy of Tony Rackauckas and stand behind such behavior or are you going to try to finally bring some dignity to the OC DA’s office? We and many others will be watching.