Behind Closed Doors Archives - Page 28 of 84 - Friends For Fullerton's Future

June 26, 2019September 9, 2020Behind Closed Doors

Fitzgerald Targeted Restaurant D’Vine

While it shouldn’t come as a surprise to anybody paying attention that the government, at all levels, only works for those who are well connected and make the correct donations. Usually proving this truism is often difficult but we came across an example here in Fullerton that seemed noteworthy.

It appears that Mayor Pro-Tem, and Curt Pringle & Associates VP, Jennifer Fitzgerald decided to weaponize our city government to go after the business “D/Vine” for “word on the street” indicating that they had a promoter in violation of the municipal code.

That seems innocuous and even reasonable from a law and order and agency perspective. After all, what’s the problem with a council member & Mayor Pro-Tem being worried about a business running afoul of local law?

Nothing if the local laws were applied equally and in a just manner. But we know that to not be the case.

While Fitzgerald is super worried about public safety over who promotes what music at D’Vine she gleefully ignores other violators of our municipal code when it benefits her. As an example of such would be when she holds events and parties at The Slidebar.

FitzSlidebarParty

The Slidebar which for years has violated local amplified sound ordinances while operating without so much as a Condition Use Permit or even an Administrative Restaurant Use Permit (ARUP).

For those new to these issues – in this city you cannot operate a restaurant without an ARUP and you can’t sell alcohol and have live entertainment with a CUP and a Live Entertainment Permit. The following screenshot is from the City Staff’s own presentation to City Council on April 16th, 2019:

Title 15 Change - ARUP CUP

The Slidebar only has the Live Entertainment Permit despite not legally qualified to have one thanks to their just ignoring the law regarding the ARUP/CUP. Nearly every other business is required to have these permits and for 7 years Fitzgerald has said bupkss about it.

Fitzgerald, like so many others on the dais before and still, has no problem holding fundraisers and heaping praise on some businesses in clear violation of the most basic of rules required to run a bar in downtown but when the wrong promoter plans the wrong type of music – now there’s a need for a call to action. Rally the troops! Tally-Ho! The scourge of banda music must be stopped… because Banda music is… bad?

Let’s look at that. Banda music is what exactly? From Wikipedia:

“Banda is a term to designate a style of Mexican music and the musical ensemble in which wind instruments, mostly of brass and percussion, are performed.”

This is something Fullertonians have complained about before it seems but I didn’t realize it was such a problem. I sort of expect to hear this music at places like Revolucion Cantina and in fact they have a “Banda Wednesday”. This negates the idea that the music itself is a problem.

The shooting is a cause for concern if you’re worried about what CAUSED the shooting… but if it isn’t the music causing people to be shot (because the shooting happened during a “Purge” themed Halloween party playing Hip-Hop) then Fitzgerald must blame the promoter?

Can a promoter rationally be blamed for the wrong people showing up to a show? Fullerton doens’t seem to blame the local bars for bringing in undesirables who urinate, vomit, fight and graffiti all over downtown. Hell, Fitzgerald herself recently blamed “Pre-Gaming” in the parking lots for much of the mayhem and DUIs around town.

Thus using Fitzgerald’s own local logic let us dispense with the idea that the promoter caused the shooting in Riverside. After all, it might have been “pre-gaming” in a parking structure that led to the shooting. To do otherwise would be an especially comical problem when we have a fire & life safety issue in downtown related to a business owner whose family is alleged to have burned one of their own previous businesses to the ground.

Because city staff works at the behest of the City Manager and the City Manager works at the whim of the City Council, when the council says “Jump!” or “Look Away!” that’s exactly what happens. No need to apply the law evenly or justly – just do what the bought and paid for council demands.

It’s sickening that the city can look into D’Vine for their banda/promoter problem while simultaneously Community Development Director Ted White was exchanging text messages with Joe Florentine and emails with Jeremy Popoff, local bar owners, in the build up to municipal code changes of how Florentine’s & Popoff’s businesses, and all bars, would be regulated despite their own flaunting of the laws.

Ted White - Jeremy Slidebar

While Ted White was looking into the ARUP/CUP status of D’Vine he was ignoring the very real problems regarding Florentine being, for over a decade, in violation of life safety requirements. To recap – Florentine has refused to follow his own Conditional Use Permit (CUP) requiring fire sprinklers and the city has refused to enforce that CUP up to and including the Chief of Police rubber stamping Florentine’s Live Entertainment Permits year in and year out despite those permits also requiring adherence to the CUP.

Florentines-LE-Permit-2016

“The C.U.P. (if applicable) shall be strictly enforced.”

It’s nice to have a clear cut example of the city picking and choosing winners and losers. This email from Fitzgerald about D’Vine shows us clearly that our city responds to issues immediately when the council says jump all the while turning a blind eye to worse problems from similar businesses in the same neighborhood. I guess it really does pay to own the right council members.

June 25, 2019September 9, 2020Bad Cops

What Happened to Officer Christopher Chiu?

by Lonnie Machin17 Comments

Chiu-FPD-Awards-Promotion

The City of Fullerton has, belatedly and selectively, released some police misconduct records. Despite the law changing on January 1st, 2019 and it now being the end of June, we have a whopping three files to look at on the city website.

The first of these files is regarding former Officer Chistopher Chiu.

What did Officer Chiu allegedly do?

He allegedly sexually assaulted a woman in a downtown parking structure, that’s what:

But not just any woman – the 19yo daughter of a fellow police officer.

After the alleged sexual assault, Officer Chiu also allegedly had the audacity to ask the victim out on a date:

No criminal charges came out of this case as by disabling his Body Worn Camera (BWC) there was little evidence of the alleged acts outside of victim and witness statements. Chiu was proven to have been in the parking structure at the time of the alleged incident, outside of his own patrol zone. However the victim was initially afraid of how her dad would respond and ultimately seems to have refused to press charges leading the District Attorney to drop the case.

If this happened as described she was brave to come forward especially without audio/video evidence of the allegations. If it didn’t happen then Chiu should have had his BWC activated to prove his innocence.

Ultimately the allegations against Chiu were sustained which was enough for administrative action but not for a criminal case.

Instead of a termination Chiu was allowed to resign via a settlement agreement where the city agreed to a no-fault, no-liability agreement allowing Chiu the freedom from the stigma of his actions which at a minimum include policy violations and at worse alleged sexual assault under the color of authority.

Were it not for SB1421 the public wouldn’t be allowed to know any of this information and so much more that is coming which is precisely the way the Police Unions want it.

We’ll continue to keep you posted as we learn more.

June 20, 2019September 9, 2020Behind Closed Doors

Parks Employee Cost Fullerton 40K

by Lonnie Machin15 Comments

We finally know more of the story of that overturned Parks and Recreation vehicle from 2016 that the city has been so suspiciously tightlipped about.

Turns out the Parks & Rec employee driving the vehicle was at fault and it cost the city at least $43,000 in claims.

Parks and Wreck Claim

Parks and Wreck Fault

The city has never, not once, commented on this story or what happened nor how much it has cost the taxpayers. As far as we know the employee(s) at fault are still on the job.

June 19, 2019September 9, 2020Bad Cops

A Hamel Timeline and Conflict Problem

by Lonnie Machin4 Comments

Chief Hamel and Wife

Was Kathryn Hamel’s Settlement Agreement, to bypass disclosure laws, the byproduct or possibly even the direct result of inter-departmental nepotism and favoritism?

The following email shows that the Internal Affairs investigation into Lieutenant Katheryn Hamel started on or around August 02, 2018.

This smells of a conflict considering the date of that fateful Lady Antebellum concert (August 24, 2018) in which Chief Hendricks, Hamel’s then-boss, allegedly committed battery against an EMT.

Hamel-IA-August2018

This means that Katheryn Hamel was actively being investigated by Fullerton PD’s Internal Affairs division while her husband, Irvine Police Chief Mike Hamel, was overseeing the investigation of Katheryn Hamel’s supervisor Captain Oliveras and boss Chief Hendricks.

This information forces us to at least consider a conflict of interest between departments which was kept from the public both at the time and since. We knew of the Hamel connection between departments but not that Fullerton’s Hamel was under investigation at the direction of then-Chief Hendricks.

Instead of sending the Chief Hendricks battery case immediately to an outside agency, Irvine PD appears to have been allowed to complete their investigation.

Wait Wut

Will our own City Council publicly ask the new Chief of Police, Robert Dunn, who was in charge during this fiasco, why this was allowed to play out in such a suspicious way? Don’t count on it. After all, they hired Dunn as permanent Chief last night and tried to do it on the Consent Calendar with zero public input.

June 18, 2019June 18, 2019Behind Closed Doors

Meet Mr. Palmer

by Joe Sipowicz17 Comments

Friends, here’s a fun post from two-and-a-half years ago introduction you to the egregious Gregory Palmer, Esq., who is employed to hassle citizens, ignore legal PRA requests, and most importantly, to investigate and stop kinky sex in the municipality that employ Dick Jones as City Attorney. Enjoy.

A few days ago Joshua Ferguson told us the story of how one of the lawyers working for our City Attorneys, Gregory Palmer, gave him a big Fuck Off when he made a reasonable, and as it turns out LEGAL, request for the video recordings from FPD cops the night they possibly gave the City Manager a skate on a DUI, gave him a ride home and tucked him into bed. Mr. Palmer got tired of talking to one of the people who pay his retainer and basically said: if you don’t like it, sue.

Now I don’t care for this kind of assholery on the part of people who are supposed to be working for me, so I thought I’d check out Mr. Palmer and share some information, gleaned from the Jones and Mayer website. It’s always nice to know who and what you’re dealing with.

Apart from his alleged expertise dealing with “sexually-oriented business,” – whatever that means, this bit caught my eye:

Mr. Palmer has handled several high profile cases. In 1997, he prosecuted the First Southern Baptist Church and its pastor for illegally housing the homeless on its grounds.

So Mr. Palmer and Dick Jones actually brag about about shutting down a church engaged in an act of Christian charity.

June 17, 2019September 9, 2020Bad Cops

What Happened to School Resource Officer Jose Paez

by Lonnie Machin35 Comments

Paez

Something untoward may have been happening at Fullerton High School and the entire community appears to have been once again kept in the dark. Your children may have had their privacy invaded & may be the victims of somebody they were told to trust.

We’ve received what looks like part of a Body Worn Camera audit and it shows some very questionable information.

Highlights are as follows (emphasis added):

Father reporting his 13 year old daughter having inappropriate relationship with 16 yr old boy. Paez takes photos of text messages from father’s phone with an iPhone.
Returned to a home, asked teenage boy and girl if he could get their mother’s phone number. He wrote it on an envelope he was holding with name “***”.
Texting on freeway while driving to CHOC with a suicidal teenage girl in backseat.
With an iPhone he takes 13 photographs of text messages between 422 victim and suspect from victim’s phone using an iPhone. Unsure if his own or PDs.
While investigating Snapchat Hacking report, he takes picture with iPhone of victim girl’s phone screen that has text messages and what appears to the girl in the shower. Girl is 17 years old. At 8m 30s he asks the girl to take screenshots of the conversation (presumably the one he had just photographed) and send it to his work email so he can add it to the case. Why did he take photos with phone?
Talking with an 18 year old woman – about some sort of sex crime involving her ex-boyfriend . He tells her there was mention of a sex video. She said it was deleted. He asked to see her phone to confirm the video was not there. She tells him she has “inappropriate” pictures of herself on her camera roll. He takes her phone and scrolls through the pictures. He spends 4 minutes 20 seconds scrolling through her phone.
Talking to teenage boy about oral sex video on his phone. Stops recording before interview is over. Next video is 2 hours later with boy’s mother in the room.
Talking to girl who took videos and pictures of herself and her boyfriend having sex. Paez pulled the video from his own iPhone to show her. (Not sure if work phone)
Takes picture of a teenage boy he is interviewing at a school. Appears Paez adds a caption to the image and sends it to multiple recipients.
Takes photos of juveniles phone text messages. Unk if work phone or personal.
(17-68541) Paez investigating one juvi with another juvi’s nude pictures on phone. On this case he called CSI to take photos of the images he discovered on the phone.
Interviewed a female teacher wearing a skirt. Had his BWC on his belt. Of the 200+ videos I watched of his, this was the only time I’ve seen footage with BWC on belt. Had pretty clear view, under the table they were sitting at, of her knees to hips. Fortunately, nothing “candid” was captured on his BWC. I checked audit trail and discovered he watched the video only once about a month later. Interestingly, the video that preceeded this one was deleted. The deletion occurred because the category was changed, by Paez, from “Arrest” to “Radio Calls”, which changed the deletion schedule from August 29, 2019 to March 04, 2018. Attached is the audit trail for the deleted video.

Make of all of that what you will but quite a bit of it seems like questionable behavior at best.

It is interesting that Officer Paez was able to delete files from the system by changing categories. It would be enlightening to know how often this happens at FPD. That there seems to have been no oversight on this process up this point is problematic to say the least.

Fullerton Officer Jose Paez may or may not be with the Fullerton Police Department anymore, we’ve seen no confirmation either way, but we do know that he was a School Resource Officer (SRO) at Fullerton High School.

This is confirmed though an March 2, 2017 article in the Fullerton Union High School Tribe Tribune.

Paez Tribe Article

We also know that this status as an SRO is no longer current based on FPD’s website about the School Resource Officer program.

FPD SROs 2019

I understand the premise of innocent until proven guilty, but unfortunately, Fullerton PD does not — as they parade names and faces on social media to brag about their arrests while they themselves hide behind the Police Officers Bill of Rights and other such laws. I’d love to give officers the benefit of the doubt but they, through their unions, fight tooth and nail to stop disclosure of criminal acts amongst their brothers and sisters in blue, and enough is enough.

It’s possible that Officer Paez did nothing wrong and I’ll leave that up to the readers to demand answers from City Hall, Fullerton High School and FPD. It seems inappropriate at best to be using a Body Worn Camera to potentially video record under a teacher’s skirt, under a table, or taking screenshots and photos of underage nudity on a phone that might not even be department-issued.

It should be remembered that just a few days ago I showed Christopher Wren was terminated, partially, for having a nude photo of himself on a department-issued phone. Now square that with the above. I’ll share more as I know it and hopefully somebody can demand and get answers as to what is going on over at FPD and City Hall.

June 14, 2019September 9, 2020Bad Cops

No Public Input on the Police Chief

by Lonnie Machin4 Comments

Well folks, Fullerton is at it again. On Tuesday, without any public input, the City Council is slated to appoint Interim Police Chief Robert Dunn as the “Permanent” Chief for the Fullerton Police Department.

I put “Permanent” in quotes because Chiefs tend to leave in disgrace often around these parts.

The position of Police Chief wasn’t put out for applicants despite 5 people applying the last time around. Nope, this time not only is the city not looking to recruit from outside of the city, or even open it up to other in-city employees – they’re shoving it onto the consent calendar.

Dunn - Consent Calender Hire

For the uninitiated I’ll quote a previous post on this very blog about such items.

A typical definition of a consent calendar would be as follows:

Under parliamentary rules governing City Council meetings, Consent Calendar items are reserved for items that are deemed to be non-controversial. They allow a City Council to save the bulk of it’s meeting time for issues in which there is a need for a serious public debate.

So that means that Fullerton’s council thinks that hiring somebody for the position of the Chief of Police for between 5-11 years is non-controversial and not worth discussing.

They don’t even want to have a token discussion on this issue. Not only do we never get oversight, we don’t even get The Performance wall of local government.

Based on some recent stories we’ve seen we might beg to differ about this being something that should be vetted in public. But alas, we at FFFF actually care about transparency and integrity from our government officials which are things this council is adamantly against.

While this doesn’t come as a surprise, it’s actually worse than the last time we hired a new “permanent” Chief. That time city staff actually wrote the questions for council to ask in closed session.

Let us not kid ourselves, even if this was a public hearing our bootlicking council would never a tough question or make demands that would upset their union benefactors.

As per usual, this group of “public servants” just wants to do everything in the dark. Maybe some day we’ll get some openness, honesty and transparency in the city of Fullerton. But don’t count on it.

Nothing to See Here

June 13, 2019September 9, 2020Bad Cops

So What Did Lieutenant Kathryn Hamel Do?

by Lonnie Machin38 Comments

Sgt. Kathryn Hamel

By now you’ve likely seen that the City of Fullerton and the Fullerton Police Department cut a deal with Lieutenant Kathryn Hamel and in doing so bypassed CA’s disclosure law known as SB1421.

We just received a tip which gives us some context into this whole Hamel ordeal. Most of the details are buried but a diligent anonymous soul divulged some of it.

First it appears that Lieutenant Hamel was the subject of two internal affairs investigations and at least one of them was completed. This first image shows this much.

Hamel-IA

We know, thanks to Transparent California, that Fullerton at the time only had 6 Lieutenants.

But to narrow it down more we were also sent the following:

This arrest of Rock Wagner resulted in a lawsuit against the City of Fullerton which we believe is still pending.

Finally we have this image which was sent along to show that even the settlement agreement was written to omit certain facts.

Hamel-Skelly

It would seem that Hamel wasn’t innocent of the charges that led to the internal affairs investigations because they rescheduled a “Skelly” hearing against her.

Now let us put that in context with our earlier post:

“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…)

June 12, 2019June 12, 2019Behind Closed Doors

Your Voice Means Nothing to City Hall

by Joshua3 Comments

Nextdoor Water Rate Increase Notice

Last month Fullerton requested feedback via Nextdoor and elsewhere from citizens regarding the raising of our water rates because our city is incompetent and decided not to repair infrastructure over the last several decades and now the bill is coming due by way of broken and rotting pipes.

So what we paid for already we need to pay for again and this time they pinky swear they mean to fix things. For realsies.

Those of you familiar with this blog should know about the “7 Walls of Local Government” which is quite possibly one of the best series of posts on local government ever committed to words in the modern era. If you’re unfamiliar go give it a read and then come back.

The 7 Walls, to many people, is simply theoretical so I wanted to offer this Fullerton water rate issue as an example of the walls in practice.

So here we have a form of Local Government Wall #3 –The Performance.

With the current rate hike under consideration the city claimed that they wanted feedback and in order for your “protest” to be counted you needed to sign a letter and email or send it in to the city. One person per household or parcel so hopefully you weren’t a renter or had more than one opinion in your domicile.

Just emails wouldn’t count, social media posts wouldn’t count and ACTUALLY SPEAKING AGAINST the increase at council wouldn’t count. To quote the city’s own FAQ:

“However, oral comments at the Public Hearing will not qualify as a formal protest of the proposed rate action unless accompanied by a written protest setting forth the required information.”

Gee, it’s almost like they wanted to limit it as much as possible all while claiming to be doing far beyond the bare minimum that’s legally required by law.

But they totally cared about your opinions or so they’d like you to believe and even told council.

Being one to not trust bureaucrats I challenged them on the premise and requested what they did with the “protests” they received up to and during the council meeting in question.

Here is the response:

Water Rate Increase Protests

They “were received, recorded and read by Public Works” and council only got a “response letter”.

That “response letter” was prepared early in order to be included in the agenda packet for the city council meeting on 04 June 2019 and was released to the public at approximately 6:15pm on 30 May 2019.

What this means is that council never received your protest prior to voting and thus those making the decision to raise your rates never heard what you had to say before voting.

Better yet – staff RESPONDED TO your “protest” possibly before you even made it. Any protest that came in after 30 May 2019 and before the item closed on Tuesday was just totally ignored. (more…)

June 11, 2019September 9, 2020Bad Cops

Fullerton Police Cut a Deal to Bypass the Law

by Lonnie Machin30 Comments

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…)