More for Less in Public Works

It looks like Fullerton is again in the business of paying more for less when it comes to hiring bureaucrats to bureaucrat. One of our newest hires, Mary “Meg” McWade, who is set to replace Don Hoppe is going to be paid $195,000 + bennies. This despite some questions about qualifications.

Being that the Director of Public Works is also the City of Fullerton’s “Civil Engineer” it is preferred that our Director be, well, a certified engineer.

If you look at the qualifications for this Director position you’ll find:

I suppose emphasis on preferred. (more…)

It’s SB1421 Day

Today is the Day.

Today Police records are supposed to become a little more transparent and officers with “sustained” complaints (and a few other issues) get to share with the world their bad deeds by virtue of some Sacramento mandated sunshine disinfectant. With SB1421 to the rescue we might finally get to see what happens behind union closed doors when officers misbehave.

The law changing and becoming effective today, owing to the holiday, convinced some friends to put in a few records requests based on suggestions which we complied and others which were emailed to us after this post dropped.

Thanks to everybody who shared what they knew and pointed us in a few interesting directions. I was copied on the request and it contains over 40 officers both current and former, most of whom we believe to have had sustained findings against them. Because police departments refuse to tell us who has findings against them we had to take quite a few guesses based on the best information we could obtain. That or pay FPD $250+ to maybe compile a list per their Public Information Officer.

Being that we’re volunteers who don’t run ads or try to monetize FFFF we opted against the $250 check to FPD.

With the requests in the virtual mail we should be seeing some interesting things provided that the records aren’t obfuscated, buried and denied. We’ll keep you posted as things come back or don’t.

We’re also always open to suggestions so if we missed anybody let us know the details in the comments or via email. Who did what and where should we look? What officers had sustained findings in other departments? We’ll send requests for those records as well.

(more…)

Who Are the Bad Apples?

Bad Cop

Over the years we here at Friends for Fullerton’s Future have written about what feels like countless stories on the culture of corruption. A lot of facts, some rumors and a lot of annoyance as the city, police department and union goons do everything in their power to keep all of us from knowing anything even slightly negative happening behind the badges of our betters.

Well, on January 1st, 2019 California law changes to allow a little bit of information to eek its way past the Blue Wall of Silence. Thanks to the usually ridiculous California legislature and soon to be former Governor Jerry Brown, we’ll be able to learn about some of the actions perpetuated by some of the officers around the state. Here’s the law in question.

You’ll want to read section C and the bits about lies and dishonesty. I previously had it quoted it here but it’s too much legalese to blockquote. Basically if it’s proven that a cop lies or falsifies a report you can get the records of those findings.

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Ahmad Zahra 1, FitzSilva 0

AhmadZahra

I was pleasantly surprised at Fullerton’s City Council meeting last night and that rarely happens. I was surprised because Ahmad Zahra stood his ground on the principle of Democracy being the preferred way to settle our current council vacancy caused by Jesus Silva. He withstood Fitzgerald’s venom laced claws and boxed Silva in so much that Silva had to contradict himself by claiming to believe voting is important except, you know, with regards to, uh, the vacancy he created in playing musical chairs.

I had heard going into the meeting that Jan Flory had lobbied 2 if not 3 of the current council members to be appointed to the vacant seat. I had also heard and believed that Fitzgerald and Silva were going to push for an appointment process to get the Flory ball in motion. I also knew, just from historical context, that Whitaker would vote no on that because he and Flory are opposites on most items and he gains nothing by supporting her. I did not know how Zahra would act or vote despite allegedly meeting with and being lobbied by Flory. Owing to Zahra’s campaign and his coziness to people I believe to be ethically challenged I didn’t hold out much hope and assumed he might go along to get along.

Then Zahra showed up to play ball and stomped on my assumptions. (more…)

Is the Flory Rumor True?

FergusonDeadWrong-Flory
Except we do, and our own budgets prove it.

Rumor has it that former councilwoman Jan Flory is lobbying to become the appointee to our City Council tonight and has already secured both Jennifer Fitzgerald and Jesus Silva’s votes. This is the same Jan Flory who voted, with Jennifer Fitzgerald and Doug Chaffee, on multiple unbalanced budgets and who helped lead us into our structural deficit. The same Jan Flory who puts City Staff above the very citizens they’re supposed to work for and represent.

Want to know why our roads suck so bad? Blame Jan Flory and her cohorts who think bureaucracy is the true heart of Fullerton. Want to know why Downtown is such a train-wreck? Yeaup. Same cabal of incompetence.

If the council votes to appoint somebody the voting members will own every vote put forward by the new council member. In effect, if they vote for somebody like Jan Flory, who helped sink our budget for years, they will be responsible for both their own votes on the budget (and similar items) as well as hers.

Appointing somebody is bad. Letting Jesus Silva vote on an appointment to the very seat he himself vacated is worse. Having council vote to give themselves the bulletproof majority needed to walk all over the people of Fullerton is downright despicable.

The people should really have a say who in represents them and voting to appoint somebody, especially somebody who will raise our taxes, is the essence of being anti-democratic. Our republic was literally founded against the premise of taxation without representation.

A New Council Member on Tuesday?

18Dec2018 Council Meeting

The agenda is online (HERE) for next Tuesday’s council meeting and the one major item of note, item #3, is the possible appointment of a council member to fill out the remainder of Jesus Silva’s abandoned at-large seat.

Item 3 States:

3. On December 4, 2018, Council Member Silva was sworn in as the District 3 City Council Member. This created a mid-term vacancy in Council Member Silva’s prior at-large City Council seat which expires in December 2020 and requires the City Council to consider the legally available alternatives for filling the vacancy.
Recommendation by the City Clerk’s Office:
  1. Appoint a qualified individual to the fill the vacancy through the remainder of the term, either through direct appointment or following a process for applications and / or interviews and / or other steps as determined by City Council.

  2. Direct Staff to prepare resolutions to call a special election to fill the vacancy for the remainder of the term for consideration at the next City Council meeting.

  3. Continue discussion to the January 15, 2019 City Council meeting.

This agenda item, according to City Manager Domer, was written intentionally vaguely so that council can do whatever they want on Tuesday. If they want to just appoint somebody on Tuesday, solidifying the premise that they’ve already been wheeling and dealing behind closed doors, then they can appoint whomever they want. If they want to take a different path, such as an election, they can direct staff to start that process as well.

This item will be somewhat fun to watch because of how it played out up to this point. It only matters because Silva beat Sebourn. As for the ability to appoint a crony to fill out Silva’s seat, that was passed 3-1-1 with 2 (R)s swinging into the Yes column on 16 October 2018 and again 3-1-1 with Fitzgerald ($R), Whitaker (R) and Silva (D) voting for this move on 06 November (election day) 2018.

Direct Appoint Council Vote

If another liberal (D) ends up on council after Tuesday, the (R)s in Fullerton will have nobody to blame but their own council majority. A council majority that this vote could cost them.

UPDATED: Corrected the 06 November vote. A previous version claimed it was 5-0 when it was the same 3-1-1 as the 16 Oct meeting.

Fullerton Might Just Hate Your Business

Closed for Business

I often laugh when government hacks and bureaucrats claim that a city, body or agency is “open for business” or other such nonsense platitudes. The idea that we’re customers and not captives to their regulatory whims is patently ridiculous. But this idea of being open for business by virtue of stealing from you slightly less, or because you favor one entity over others never seems to fade.

By way of example I’ll offer the last Planning Commission meeting, as written about here, where city staff tried to make the case that because rules and regulations relating to Downtown Fullerton were too onerous and hard to enforce the city needs to do away with them and replace them with rules more favorable to bars pretending to be restaurants. All to be more agreeable with the needs and wishes of our Downtown denizens. Ted White, our Community Development Direct, made this laughable claim and a few others I’m going to be discussing at some length in future posts as I take it all apart. The more I’ve been thinking about this last meeting the one thing that strikes me as most irritating is that the city is only worried about Downtown rules being too onerous and problematic. There are countless parts of our Municipal code which are outdated, unenforced and unenforceable and yet Downtown seems to be the only area of constant focus for nigh onto forever.

The actual issue and thing people need to understand is that Mr. White and his cohorts, who only answer to the City Manager who himself only answers to Council who themselves are owned by special interests and moneyed business owners and don’t really care about we citizens, don’t really care if rules are too onerous or burdensome or just plain ridiculous. Let us turn the wayback machine on and look at the FilmLA sponsored claptrap that made it through the Economic Development Commission (with nary a soul bothering to read the ordinance before voting Aye) and then all the way through to being approved by our anti-business council.

FilmLABullshit

Do you see what I saw when I was on EDC and arguing to take this ordinance apart?

You need a permit to take even still photos ON YOUR OWN PROPERTY if they are “commercial” and nowhere does the city define “commercial”.

Doing some advertising? Photos for Yelp? Pictures on your website? Are you a fashion or beauty vlogger? Taking real estate photos?

Congrats. That might all be “commercial” because the city refused then and still refuses today to define the term commercial for the sake of the ordinance. I know because I asked them to define it and they wouldn’t. Ok, so you need a permit which isn’t too onerous I suppose to most people.

BUT WAIT. THERE’S MORE. (more…)

Chaffee’s Last Crony Grasp on Council

SONY DSC

Just when I was preparing to see a new chapter of shenanigans in Fullerton coming from our new council, instead from the realm of ARE YOU F^&$&ING KIDDING ME comes Doug Chaffee trying to slap Fullerton with one more bit of cronyism before he leaves to play at the county level.

Less than two short weeks ago the council voted, 3-2 (Sebourn, Silva & Whitaker vs Fitzgerald & Chaffee) against an unsolicited bid for a hotel on the parking lot near the train station at Santa Fe and Ponoma. Cooler heads prevailed and a more open, transparent and honest process was suggested.

Now Chaffee, who per the City Manager agendized this item, wants to crush that transparency and openness in his last meeting this coming Tuesday. To make matters more unpalatable the council/staff arranged the agenda to swear in our new council member (Zahra) and say goodbye to the ones leaving (Sebourn & Chaffee) AFTER they vote again on this hotel nonsense. For the uninitiated there is a vendor who wants to build a hotel and Fitzgerald and Chaffee want to hand it off to them without opening a bid process to interested parties. It’s cronyism and backroom dealing 101.

Agenda-NewCouncilHotel

This is truly a slap in the face to both Ahmad Zahra and District 5 as this new development would be in their neighborhood and the first District 5 candidate will have no say on it because the agenda lets Zahra join council mere moments AFTER this hotel’s fate is already decided.

This coming back this quickly means one thing and one thing only – somebody got to Silva* as he’s the likely weak link on this issue.

For reference here’s what Silva said about the ENA at the last meeting at approximately the 3:30:12 mark:

“I think an RFP, or a bidding, would help the city I think, would help us get the best possible product. Competition drives,  brings out the best in you. And I think having that can bring out the best in the current applicant and someone else.”

We’ll see if Silva still believes this on Tuesday or if all of the sudden competition is less important than craven cronyism.  Even if it’s the case that Silva changed his mind, does he really think so little of fellow Democrat Ahmad Zahra that he’ll prevent him from voting on an issue that residents of District 5 have officially elected him to decide on?

This is just dumb, unnecessary, and silly. One can’t help but wonder if this is really Doug Chaffee being that tone deaf or if it’s really retribution for Ahmad Zahra winning a seat his wife coveted in the first place.

Because, and let’s be honest, if Paulette Marshall Chaffee won this election, Doug wouldn’t be preventing her from voting on Tuesday.

cronyism-kills

*it’s possible that Whitaker or Sebourn were flipped but they had stronger arguments than Silva and are more ideologically opposed to cronyism.

City Refuses to Learn from Mistakes

On Tuesday our City Manager, Ken Domer, wants Council to award Acting Chief Dunn with an Interim Chief gig. With this new gig comes a new contract as the new council decides who to put in the role “permanently”. Like all things in government there are already some serious questions in how this is playing out legally. Let’s see if you can spot an obvious problem in the contract.

Ok, I’ll give you a hint (emphasis added):

SECTION 12 – CONFIDENTIALITY AND NON-DISPARAGEMENT
Except as otherwise required by law, in the event the City terminates Employee with or without cause, City and Employee agree that no member of the City Council, the city management staff, nor Employee shall make any written, oral, or electronic statement to any member of the public, the press, or any City employee concerning Employee’s termination except in the form of a joint press release or statement, which is mutually agreeable to City and Employee. The joint press release or statement shall not contain any text or information that is disparaging to either City or Employee. Either City or Employee may verbally repeat the substance of the joint press release or statement in response to any inquiry.

 

What’s the problem, you ask?

Your right to know how the most senior members of Fullerton’s government behave is being voted away, again, by our City Council on Tuesday. Watch it pass 5-0. Bureaucracy Commandment #3: Protect thyself and thy brethren. I’m actually a little surprised this contract wasn’t buried in the Consent Calendar in the hopes nobody would even notice.

Take a look at Fullerton’s track record. Our previous city manager and 2 of our last 3 Police Chiefs resigned in disgrace — City Manager Felz hit a tree allegedly driving drunk, Chief Sellers went on medical leave in the midst of the Kelly Thomas scandal and most recently Chief Hendricks left after allegedly battering an EMT.

With contracts like this one, you have no right to know about any of it.  That of course means you have no right to pressure City Council to do anything about it, either.

See the sickness?

When Hendricks resigned the city lied by omission and gave you nothing but a puff piece about how awesome he was for Fullerton. When I called the City’s Public Information Officer I was told, laughably, that Hendrick’s alleged battery for which he went on admin leave was unrelated to his resignation.

This contract is written so poorly that Dunn could shoot somebody in the face and BY CONTRACT nobody from the council or city could tell the public, media or other city employees why he was fired.

More to come on this outstanding contract at a later date.  In the mean time, remember, your right to know stops where an employee’s paycheck begins.

This is Why Chief Hendricks Resigned

Today the City of Fullerton put out a Press Release stating that Fullerton Police Chief David Hendricks was resigning. They extolled the virtues of his employment and when I called to ask about the resignation I was told that I was making an assumption that the Chief was resigning owing to his current leave of absence and possible criminal prosecution.

Let us clear a few things up here for the record.

First and foremost the City, per their Public Information Officer, agreed to waive the contractual requirement that Hendricks give 45 days notice upon his written resignation. It allowed them to appoint Acting Chief Dunn as…. Interim Chief Dunn, a distinction without a difference, unless you happen to have a pension stored at CalPERS.

Second, despite the Chief being on leave for over 2 months, this was announced on a Friday when City Hall is closed. Want further details? Too bad, you’re gonna have to wait until Monday when everybody is focused on Tuesday’s Mid-Term Election. This is government document-dump obfuscation 101. You don’t release information in this fashion unless you’re trying to bury the news and avoid answering questions.

Why did the City agree to waive the 45 day requirement? Why was this done now being that we already have an acting chief? Why didn’t the city work to fire Hendricks for contract violation owing to the ongoing investigation? What is the status of that investigation?

No clue. No responses. No answers. Gonna have to wait until Monday folks, sorry.

Let this be an abject lesson that City Manager Ken Domer does not believe in transparency contrary to his public and private statements. I had high hopes for Domer, but alas he is proving himself to be just another bureaucrat working to keep the bureaucracy funneling money into his and his cohort’s retirements. Don’t expect our tired and constantly campaigning City Council members to ask any of these questions or work to make things more transparent.

Fret Not Friends!

We want answers and I’m sure you want answers as well and thanks to an anonymous source from the great beyond we have some details that the city will never tell us because reasons.

Here is the redacted (for privacy) and highlighted (by me) highlights of what really happened at that Lady Antebellum concert back in August and why our Chief decided to resign with no notice.

We’ll leave the conclusions to you.