Former Fullerton Police Officers Jay Cicinelli and Joseph Wolfe want their jobs back. More importantly, these two want back pay stemming from their original termination date. On Thursday, the Fullerton City Council will decide if you deserve to have these two upstanding examples of law and order patrolling your streets, and of course if you do deserve the pleasure of Jay and Joe’s company, you’ll be required to pay for wrongfully terminating their ability to roam the city with a badge, a gun, and of course a taser. . . which in a pinch can be used to “smash the face to hell” of any of Fullerton’s malcontent-ed dirty rabble.
Person Suing You #1Person Suing You #2
So, do you? Let’s review what it is exactly you deserve in Fullerton.
Make taxpayers shell out $400,000 or meddle in an ongoing election.
Pick one.
That’s the quandary in front of our city council tonight in the form of agenda item 4:
4. FULLERTON MUNICIPAL CODE AMENDMENT REGARDING CITY COUNCIL VACANCIES
Consideration of an ordinance to repeal Fullerton Municipal Code Section 2.02.020 and follow procedure for filling City Council vacancies as set forth in Government Code Section 36512.
Without getting too much into the weeds the problem the city is trying to address is specific to the costs and ramifications of Jesus Silva winning the race for the District 3 council seat.
The voters in District 3 have 3 choices on their ballots; Greg Sebourn, Jesus Silva & Nickolas Wildstar. If either Sebourn or Wildstar wins this municipal code change does nothing in the foreseeable future.
If Jesus Silva wins then he vacates his current At-Large seat and we, by law, must hold a special election. That special election could cost us between $391,532 – $428,150 per the OC Registrar of Voters.
Silva likely didn’t even know he was risking socking the taxpayers with that hefty bill until somebody else pointed it out to him. Or perhaps he just didn’t care. That his wife was on council when the to be repealed ordinance was passed points more towards didn’t care than didn’t know.
We went through 2017 knowing this was an issue and the City Manager couldn’t be bothered to deal with it. Then most of 2018 came and went. Nothing. Instead of worrying about a near half a million dollar liability Ken Domer had the council worrying about which volunteers to fire from the various boards and committees around town. As a former member, I’m glad the Economic Development Committee is gone but if you’re going to muck with the municipal code perhaps worry about the parts costing us, or potentially costing us, real money before worrying about a committee that rarely met because it rarely had quorum.
Now this issue is on the City Agenda for the coming City Council meeting tonight. During an election.
Yes, the election is on 06 November but absentee ballots are already in the mail and thus the city is asking council to change the rules of elections DURING AN ELECTION. People will have already voted in District 3 BEFORE the council decides what to do tonight.
Quote Silva from 3 days ago: “Absentee ballots are starting to arrive.”
This is ridiculous.
I don’t want the city to have to spend $400,000 to fill a vacated seat if Silva wins in District 3. However – and this is a big however – Jesus Silva decided to run knowing that his run could cost us that much money and he did it anyways. That he did it anyways speaks to his character.
That is a political consideration and changing the rules during the election screams of a partisan fix to a problem Silva could have avoided by not throwing his at-large seat away in the quest for 2022 incumbency. Voters make decisions on issues that cost and matter less than $400k and deserve to judge this issue without council interference after the fact.
It’s junk mail season and time to keep an eye on the nonsense being sent out by and for candidates and issues. One of the best pieces we’ve seen thus far in the cycle is this little nugget from the CADEM’s supporting Sharon Quirk-Silva for Assembly.
But just her?
They believe HER.
The irony and timing on this is pretty great considering that Quirk-Silva herself is being investigated by the State Assembly for political retaliation against Daniel Fierro, by way of trying to pressure fellow (D) Fullerton council candidate Ahmad Zahra into dropping Fierro as a client.
But they believe HER.
If you make a sexual assault claim against an SQS ally she’ll allegedly retaliate against you, as will her husband Council member Jesus Silva.
And yet they believe HER.
Riiiiight.
This is partisan schtick at it’s worst and I almost expect this to backfire spectacularly.
Where was this #IBelieveHer version of Sharon Quirk-Silva when Fullerton Officer Albert Rincon was being accused of sexually assaulting 7 women and costing the taxpayers of Fullerton $350,000?
Where was this #IBelieveHer Quirk-Silva when a judge said of that case:
“At the end of the day, the city put Rincon back onto the streets to continue arresting women despite a pattern of sexual harassment allegations. A reasonable juror could conclude based on these facts, that the city simply did not care what officers did to women during arrest,”.
For those of you wondering about the timeline on all this regarding Rincon and Quirk-Silva – from that same Oct 2011 article:
The Rincon case began in 2008, when Kari Bode and Gina Nastasi accused Rincon of groping them and exposing their breasts. They sued the department in 2009.
So where was #IBelieveHer Sharon Quirk-Silva when Officer Albert Rincon was allegedly molesting women on our city streets?
Oh. She was Mayor.
She was Mayor again in 2012 AFTER that Judge rebuked Fullerton for doing essentially nothing to an officer accused of at least 7 known alleged accounts of sexual assault under the color of authority.
And she seems to have done nothing. Apparently appeasing the police union was more important than Believing those women.
To make matters worse – Sharon Quirk-Silva just 6 short weeks ago, voted AGAINSTSB1421 AND AB748.
After Jerry Brown sided against SQS and signed both of those bills into law, the ACLU stated:
“Together, SB 1421 and AB 748 will shine a much-needed light on police violence and abuse. Specifically, SB 1421 restores the public’s right to know how departments investigate and hold accountable those officers who abuse their power to frame, sexually assault, or kill members of the public. AB 748 will ensure law enforcement agencies throughout the state release police recordings of serious uses of force, including body camera footage, which are valuable tools for civilian oversight at a time of growing concern with police violence.”
SB 1421 is especially problematic for Quirk-Silva’s “#IBelieveHer” narrative in that it will make public some information specific to the powers of police officers, especially regarding sexual assault tied to the abuse of power to coerce a victim into sexual acts.
SB1421 directly addresses the problems with Officer Rincon and how it was handled within FPD and our city. Thus despite her firsthand knowledge of the problems being addressed by these bills from her time as our Mayor she opted to side with those who would abuse their power rather than the victims and the public seeking information about bad actors in uniform.
Yet they believe HER.
This is because Sharon Quirk-Silva apparently only “Believes Her” when the “her” in question can be used as a political cudgel against her opponents or to rally her more rabid base of supporters. When it comes to actually believing victims of sexual assault, in the end Sharon Quirk-Silva’ actions speak louder than her words. She can be counted on to run the gamut of doing nothing to actively, allegedly, trying to silence the victim and ultimately voted to keep information about official misconduct quiet.
Earlier this week, we asked you to consider a version of Fullerton where Doug (Chaffee), (Acting Chief) Dunn & (City Manager) Domer had come to an agreement. That agreement included a plan to protect Pilfering Paulette Marshall Chaffee and to minimize damage to Mayor Doug Chaffee’s campaign for Orange County Supervisor.
Shortly after publishing our leak hypothetical, the City issued a press release stating that the case had been handed over to the District Attorney. A couple things are curiously absent from the City’s Press Release.
There’s no indication of who is being investigated, what is being investigated, how it is being investigated, or when the investigation will be completed. No mention of Paulette, Doug, any citation to the penal code, the investigator or department assigned, all missing.
Why is that?
Is Doug Chaffee under investigation for receiving stolen property?
Consider if you will a version of Fullerton where Doug (Chaffee), (Acting Chief) Dunn & (City Manager) Domer have come to an agreement.
In exchange for not referring the Mayor’s wife to the District Attorney’s Office and not investigating the true extent of just how many signs Paulette stole, the Chaffees agreed to suspend Paulette’s campaign. They’ve agreed that she’ll stay out of the public eye through the election.
Doug will also skip the next Council meeting and the city will make no public statement on the matter until December. All parties agreed this was the best way to minimize impacting Doug’s campaign for Supervisor.
That wouldn’t be so hard to believe. That level of corruption feels about right for these idiots in the town we call home.
Even we have a hard time with the next part.
Apparently, Doug, Dunn, and Domer agreed to send a city vehicle to collect Paulette’s various sign caches. The collection is substantial and the triple alliance can’t decide if they’ll move the signs to the city yard to be reclaimed by their owners or to destroy them.
Keeping a crime quiet is one thing. Using city resources to cover it up? Well. That’s quite another.
How does your version of Fullerton align with this potential reality?
In any case, this clearly needs to be taken up by someone well outside Doug’s reach. It’s clear that Doug has influence over Fullerton’s management, but he may also control the purse strings of county officials soon. That means we can’t trust that favors haven’t already been exchanged with the District Attorney and Sheriff offices.
Stealing signs may be Petty Theft, but using government resources to cover up a crime is not. We hate to make a federal case over something so insane, but if Doug, Dunn & Domer really are colluding to cover up Paulette’s crime to benefit Doug’s campaign, that’s serious business.
In any case, this much is clear: we’re owed an explanation. Has Paulette and Doug’s property been searched? What about their cars where videos show her putting the stolen property? Did Doug, Dunn & Domer meet? If so, when and where? How long did the meeting last?
So far, the city has said nothing. Not one word. Not one iota of acknowledgement. Nothing from PD. Nor the Mayor. Nor the Council. Not even the City Manager. Not a word has been uttered publicly from anybody.
Even for Fullerton, that’s odd.
The County has been equally as silent. Our DA is too busy campaigning to make sure this is handled in an expeditious and honest fashion.
We think that all this silence means that at least part of this leak. . . hypothetical . . . might be true. Here’s why:
In Fullerton we’re accustomed to our city hiding behind disclosure laws to “protect the city from liability” while managing to only protect bad apples from being thrown in the waste bin. We watched it after the Kelly Thomas murder and we watched it again with the Felz Sappy McTree coverup. We’ve seen it countless times before and since.
Our rotating crop of City Council members, City Managers and staff just default to incompetency, lies and dubious readings of the law out of habit. It’s the natural state at City Hall.
Usually POBAR (the Police Officer’s Bill of Rights) can be blamed for a lot of this when a cop is involved.
Sometimes we’re told nothing for no reason whatsoever (How did that Parks & Rec vehicle end up on it’s roof and who was to blame?).
But this time is different.
Just yesterday a City Council candidate, Paulette Marshall Chaffee, dropped out of the race for the District 5 seat on council because she got caught red handed being a thief.
Oops, She Did it Again
Her pity-me-party dropout letter is nonsense and we all know she’d be at the candidate forum tonight were it not for the videos we posted here to FFFF.
This time, there’s no scapegoat. There’s no underling for the Chief of Police to blame, there’s no entry level parks employee to take the heat, and there’s no crazy homeless person to label as the problem.
This time, it’s the very rich Mayor’s wife. The Mayor who’s about to become a County Supervisor and control the very large budgets for some very powerful people.
Maybe we’ll get lucky and somebody at City Hall will do the right and honest thing and tell us what’s happened so far and what’s happening.
Odds are that the Fullerton City Council will vote tonight to fire the Library Board and replace it with themselves in a cynical attempt to steal property to offset some Police & Fire Pensions. Fitzgerald wants to do it, Chaffee wants to do it and it likely won’t take much effort to convince Silva to do it.
Why? Because the city needs to pad the budget to fill holes left by Public Safety Pensions and totally predictable but avoided CALPers issues.
Thus the City is planning, under Ken Domer’s guidance, to take property donated to the library to plug General Fund budget holes.
Donated. As in stealing charity. Love Fullerton, indeed.
This is the brainchild of Councilwoman Fitzgerald despite her original campaign rhetoric about libraries being a “core service”. I guess we can just add this to the long list of lies Jennifer Fitzgerald said to get elected. We’ll put this one right up there with her promise not to take a salary and to desire to implement zero based budgeting.
Remember Jay Cicinelli? The one-eyed officer who was so disabled from LAPD that he took a disability pension but was so-not-disabled that he was able to be a working Fullerton Corporal? Ring any bells?
He’s the guy who in July 2011 used his taser on Kelly Thomas to “beat him probably twenty times in the face” because Thomas had the audacity to not just sit still while former officer Manual Ramos played games and threatened him. Don’t remember that part?
Cicinelli was fired from the Fullerton Police Department in July 2012 (and the decision was later upheld by the Council). As we told you a while back, Cicinelli is trying to get his job back and in a “we told you so” moment it looks like he may get his wish.
How? Well, a Judge here in OC thinks the Council was mean to poor old Jay when they fired him and upheld his firing because something something bias.
On 14 September 2018, Judge David Chaffee (no relation to Council member and Supervisor Candidate Doug) made a Judgement that Bruce Whitaker and Greg Sebourn should recuse themselves from Cicinelli’s due process violation hearing. His reasoning? Whitaker and Sebourn had the audacity to think we rabble had a right to know what had happened to Kelly Thomas and a right to the evidence.
Judge Chaffee seems to think that because POBAR (the Police Officer’s Bill of Rights) and other as-terrible laws preclude the public from getting basic information about officer actions and alleged crimes that our elected officials shouldn’t be allowed to talk about the things our officers do on duty and under the color of authority.
Judge Chaffee made the point, several times, that Bruce Whitaker spoke out as a council member on items that had not been agendized. Because apparently Judge Chaffee doesn’t understand the Brown Act and that it would have been illegal for Whitaker to speak on those items in the public square had they been agendized.
What all of this leads up to is that this judge wants our current council to re-hear Cicinelli’s bias complaint and he goes so far as to say that not only should Whitaker and Sebourn recuse themselves, he actually recommends that the council wait until AFTER the next council is seated after the November election. He wants a 2019 Council to hear a case from 2011, because of alleged bias.
This is utter nonsense. The council now is Whitaker, Sebourn, Chaffee, Fitzgerald and Silva. Silva, mind you, who is the husband of Sharon Quick-Silva who was on council during the Kelly Thomas incident.
In November Silva is competing with Sebourn for District 3’s seat and Chaffee is running for Supervisor and will be off of council. Chaffee’s wife is the most well financed candidate in District 5. Thus the “very likely probability” is that Sebourn will beat Silva and Silva will stay on council until 2020 when his term expires. So one seat will change which could just end up swapping one Chaffee for another. This is hardly a reason to delay an action in front of our council – especially regarding something so important.
Here is the general premise of Cinicelli’s complaint and Judge Chaffee’s beef with the council and how it handled the case:
The argument against Sebourn and his alleged bias is just laughable. From the judgement:
Golly gee. Sebourn wanted a jury trial and for people to be able to know what happens and for people to not be forced to make decisions in a vacuum. The horrors. If this was the sole thing I knew about Greg Sebourn he’d get my vote every election. That the court thinks this is a problem would be hilarious if it wasn’t so tragic.
The worst thing you can impugn Whitaker for after reading this judgement is his being too willing to talk to the public and help us know what was happening, which is something to be celebrated. He worried about a cover-up and the argument against that is that it’s legal for officers to cover-up things per POBAR. Don’t believe me? Then why are officers allowed to view evidence up to and including videos of their own actions before writing their statements? You, as a citizen, are not allowed such a privilege as that would taint your memory and allow you to change your story to coincide with the evidence. The officers who beat Thomas did in fact write their reports while watching the video and all subsequent testimony is tainted by that fact despite complaints to the contrary.
I submit as evidence a quote from the Gennaco special investigation report regarding this fact:So Whitaker asked questions the people of Fullerton, arguably the world, wanted answered and he’s being painted as a biased figure against this poor officer who wasn’t physically qualified for the job he had, while double dipping a pension, and who showed no remorse for his actions.
I guess Judge Chaffee missed the video evidence from that night. So HERE IT IS.
If that’s too much maybe this will suffice:
This ins’t inhumane, Judge Chaffee?
Is that inhumane and brutal?
What about in the context of having done nothing wrong beyond being an annoyance to a Slidebar Rock ‘N Roll Cafe employee (with a direct line to Police Dispatch)?
How about Judge Chaffee walk a mile in Kelly Thomas’ shoes instead of demanding that our City Council walks a mile in Cicinelli’s? After all, asking our council to walk a mile in Cicinelli’s shoes is asking them to walk a mile in the shoes of a sociopath (also from the Gennaco report):This is why we need police reform. This is why we need oversight. If you didn’t think the deck was stacked against you just keep in mind that a judge just ruled that Jay “Savage Person” Cicinelli was unfairly fired because a councilperson dared to ask questions and demand answers of our corrupt police force.
Unfair? Don’t forget that one of our officers WAS JUST INDICTED for a cover-up with the Joe Felz incident. This is the legacy of former Untouchable Police Chief Danny Hughes.
My hope is that the council tells Judge Chaffee to kick rocks. They should address this bias nonsense straight out and immediately, list all of the policy violations and problems with Cicnelli’s conduct on the fateful night Kelly Thomas was killed and then vote to uphold Cicinelli’s firing.
Word has reached me that Fullerton might have leak problem – and that problem is that City Manager Ken Domer is quite mad that people would dare tell the public the things he intends to hide from us.
Such things as our Chief of Police and a Captain being caught up alleged Felony Battery on an EMT charges.
Or that one of our now former officers is being indicted for his cover-up work on the Joe Felz DUI incident.
When I first heard the rumors that Domer was hopping mad about the “leaks” coming out I brushed it off as hearsay. Then I heard it again from a different source. And again. And again still.
At this juncture I’m willing to chalk this rumor up as “Credible but without citation”.
If our city management would worry more about what their own staff is doing and the corruption therein and would be honest about it we wouldn’t need to rely on leaks from anonymous sources. And without those leaks, Domer would have nothing to be mad about in the first place.
Ultimately if he is mad it’s because he believes himself to be a part of the Ruling Elite above we the chattel and is more worried about appearances than solving problems.
The funny part for me is that I’ve tried to cultivate leaks within the city to no avail. All of the people who know me in City Hall are smart enough to not tell me anything for fear of guilt by association.
Yet here we are breaking stories of corruption and malfeasance and we get these leaks at FFFF because enough employees are fed up with the nonsense happening in Fullerton and FPD.
I salute the people who have sent us information because one of the last things Fullerton needs these days is a continuing culture of cover-ups. We respect your privacy and value the contribution to improving accountable, intelligent, and responsible leadership in our town’s government.
For those of you playing along at home we know that two of Fullerton’s Finest (Chief Hendricks & Captain Oliveras) have been put on a paid stay-cation (costing us approximately $1,955/day) for their conduct at a Lady Antebellum concert in Irvine. With City Manager Ken Domer putting Captain Bob Dunn in charge of FPD we are now being run by… Dunn & Domer.
It’s too bad this isn’t a comedy. Instead we’re finding ourselves in more typical Fullerton drama that a little transparency might have avoided. Alas instead of openness and honesty City Manager Ken Domer couldn’t be bothered to let anybody outside of the police department know what was happening in our town at the time, the next day or even the day after that.
In fact per a statement to the OC Register by Jennifer Fitzgerald it took Domer at least 3 days to inform his employers (City Council) of any details (if they have gotten any) and it has taken him 4 days to bother to release information to our fair city by way of a press release. It’s almost like he doesn’t know who he works for anymore.
Fullerton Councilwoman Jennifer Fitzgerald said she knows little about the incident, but “what I know of Chief Hendricks and Captain Oliveras is that they are fantastic guys and fantastic public servants and I look forward to the investigation being complete.”
Let us peruse this fascinating bit of PR garbage:
That’s quite a few words to say almost nothing of substance. What happened? How long is the leave? Was it criminal? Who’s investigating the case?
The City will not provide further information at this time, out of respect for the integrity of the ongoing investigations.
In other words “F U. You don’t have a right to know anything at all because integrity of an ongoing case”.
Except no.
We already know from an email from the City of Irvine there is plenty to see here and we deserve details. I’m tired of this mentality that it’s okay to publicly and loudly (Instgram?!) shame societal nobodies when they screw up but when our overlords do the same all of the sudden we need to worry about “integrity” and bury the details behind a wall of BS.
The first bit of BS that we need to knock down here is that this isn’t just some boilerplate investigation that “related entirely to allegations of off-duty conduct”.
This is an allegation of battery against an EMT. By possibly armed off-duty officers. The alleged battery alone falls under CA Penal Code 243(c)(1) unless the injury was serious and then it elevates.
(c) (1) When a battery is committed against a[n][…] emergency medical technician […] engaged in the performance of his or her duties, whether on or off duty, […] and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
Next we have to ask who will oversee this investigation? Why were no arrests made for this alleged battery?
How is the District Attorney involved? Which internal investigator are we planning to hire? Is Irvine being allowed to investigate this case?
These are all pertinent questions especially considering the incestuous relationships we have with other departments. Remember that Irvine’s Chief of Police, Mike Hamel, is married to Katherine Hamel who herself is a Lieutenant under Captain Oliveras and Chief Hendricks.
Is Irvine’s Chief Hamel really going to investigate his wife’s boss? Is this why no arrests were made?
Regarding the “ongoing investigation” angle – that’s the same claptrap the city is still throwing at us over the Joe Felz accident and cover-up that happened 657 days ago. #SorryNotSorry that we can’t trust you and your comrades in obfuscation in the City Attorney’s office to come clean Mr. Domer.
If Fullerton’s City Manager Ken Domer really cared about transparency and “integrity” he wouldn’t hide behind subterfuge and lies of omission. He would tell we the citizenry about what is happening, how it is happening and how we can be assured that another Danny Hughes Felzian cover-up isn’t taking place in our city.
Domer would do well to read his own interview with the OC Register when he said;
You cannot operate local government without partnerships, without collaboration, without openness, transparency.
(Photo by Brian Whitehead, Orange County Register/SCNG)
I’ll be on with John & Ken during the 3pm hour (1500) discussing this issue. You can listen live on KFI’s website or on your radio at AM640.
As you may have heard, once again Fullerton has a police chief in hot water. First we had Mike Sellers run away from his post after bungling the Kelly Thomas case, then Danny Hughes decided to give Joe Felz a pass on drunk driving & alleged hit and run and now Chief Hendricks is in trouble for unspecified reasons.
There is no official word on what’s going on from the City because City Manager Ken Domer doesn’t think we have a right to know who’s running our police department and what is happening in our city. However, thanks to a diligent city employee who shall remain nameless reaching out to several of us we know that Hendricks is on a paid vacation (with the benefit of not needing to use his vacation time) for his bad behavior and Captain Bob Dunn is now acting Police Chief.
But who is Bob Dunn?
We wrote about Dunn back in January when he came to our fair city from Anaheim. He was a Lieutenant there and somehow promoted to the position of Captain in Fullerton without much fanfare.
Now he’s been moved to acting Chief. That’s one heck of a jump in 7 months time. Is he really the best man for the job? Is he up to the task? What will he be doing and for how long? Who’s investigating Hendricks? Is Dunn overseeing an IA whitewash or has another agency been called in?
Nobody knows because Ken Domer doesn’t think you have the right to know and the city council can’t be bothered to make him talk.