Funny plastic handcuffs graphic borrowed from Voice of OCOnce in a while news from the County is so pregnant with consequences for us in Fullerton that we here at FFFF feel obliged to share it with the Friends.
Yes. I did that. Didn’t think you would remember.In case you weren’t following the weird story: on Good Friday, 2015 3rd District Supervisor Todd “Super Victim” Spitzer got scared of a Christian proselytizer in a Foothill Ranch Wahoos, went out to his car and returned with handcuffs and a loaded pistol. He “hooked up” this poor sap and waited for the deputies to arrive. Of course nothing came of it. Mr. Bible was released from bondage and everybody went his own way.
Pretty weird, in a “dress up like a cop and play” sort of way. I mean, who drives around with handcuffs in his trunk, right?
Unfortunately for Spitzer, news of the bizarre incident was finally leaked to The OC Register who reported on it in August 2015, much to the merriment of the pistol-packin’ supervisor’s numerous detractors. But the story gets better – or worse – depending on your point of view.
Todd Spitzer gets emotional.
Photo by MINDY SCHAUER, THE ORANGE COUNTY REGISTER –
Apparently Spitzer couldn’t leave the depiction of himself as a nutcase, alone. Sort of like obsessively picking at a scab. So he enlisted the help of Jean Pasco, the County’s press release writer to write some sort of clarifying/absolving press release. Although this document never saw the light of publication, the Voice of OC got wind of it and did a PRA request for all related docs. Hilariously, the County refused, claiming that unfinished documents don’t constitute “records.” The Voice sued the County for release of the relevant material. The County fought back.
It got worse. Under Spitzer’s guidance County Counsel demanded to depose Voice publisher Norberto Santana, ridiculously suggesting that conversations between him and Spitzer were relevant to the matter. Voice objected to the blatant harassment attempt.
On December 12, Judge Walter Schwarm “quashed” the depostion of the journalist . In legalese that means the judge shoved the matter right up Spitzer’s sorry ass. The County’s effort to intimidate a journalist was met with a stinging rebuke by the jurist.
Downhill racer…Meantime, the completely unnecessary lawsuit drags on, the costs of which, when the County inevitably fails, will be borne by you and me. And where is our own Supervisor Shawn Nelson during all this? Nowhere to be seen or heard as far as I can tell. Evidently, he, too, believes that we peons are only to know things when he and his pals at the County feel like sharing, and that it is right and proper that we pay the costs of them keeping public information from the public.
The investigation was late, but it sure was unconvincing…
An alert Friend sent in this image of a guy recognized as Orange County District Attorney investigator, Abraham Santos, at the scene of the Memorial Joe Felz Crash Site. Well, now we know that the DA is indeed involved in this mess. What sort of crime he might be investigating and how he is investigating it, are far from clear. No one was ever arrested, or charged. We aren’t even sure if anybody got a traffic citation for reckless driving. Could the DA be investigating the behavior of the Fullerton cops? For some reason that idea provides no consolation. But the sooner the deal is whitewashed, the sooner we can get the video recordings made by the cop cams.
Also please note that Sappy McTree has been removed.
We may have bid a fond adios to former City Manager, Joe Felz, but the mess he leaves behind still needs to be attended to.
The most timely issue is Fullerton Police Department personnel conduct in the Case of the Missing City Manager. The police on the scene of Joe’s Big Crash drove him home sans Breathalyzer test, and despite the fact that his vehicle had careened out of control and run over a parkway tree; and this after an evening of fun DTF libations and despite the fact that a cop on the scene smelled alcohol emanating from Joe. Did the cops follow their own rules? Or did they help their boss boss get away with a couple of crimes? From here, it looks pretty bad.
It’s been six weeks and nobody knows what’s being investigated. Or even if there’s any investigation at all.
What’s happening now? Certainly there’s no evidence of an internal investigation. Nothing more about the hiring of the mysterious “independent person.” And who really knows if anything got sent to the DA? Our city council (at least certain members) is in the dark, and so are we.
When the perps are about to get away, you gotta do what you gotta do. Filing a personnel complaint initiates an internal investigation, or at least a pretend investigation, into the events of election night, just in case one doesn’t already exist. So one of the Friends decided to do just that.
When the investigation is complete, this complaint entitles the filer to a letter from the Chief of Police indicating whether the finding was sustained or not sustained. That’s not much, but something is better than nothing.
The sad part about Joe Felz’ retirement is that running over a tree, while likely under the influence of alcohol, might have actually improved his legacy as City Manager. How is that possible? Easy. The tree incident is a convenient distraction at an optimal time. Except for the anonymous letter penned by City employees a couple weeks ago, few people are talking about his actual job performance which deserves just as much scrutiny.
One of his biggest failures is that he not only tolerated, but actively participated in deceiving the public through various means, be it omission, obfuscation, or just outright lying to people. He wasn’t crafty about concealing it either – agenda letters and staff reports sent to the City Council and others were chock full of half-truths, non-truths, and other nonsense designed to mislead the public.
I think we ought to be forgiving in the case of legitimate mistakes or typos. None of us are perfect, so transposed digits, or maybe a missing word here or there, isn’t the end of the world provided it doesn’t materially influence a decision. The point where it ceases to be a “mistake” or “typo” and, thus, becomes completely unacceptable, is when people offering up this information stick to their guns and defiantly defend such errors as being gospel.
In case you missed the last installment of the Brea Dam fiasco, one point of contention concerning the golf course was converting the Lease to a Management Agreement with American Golf.
Parks and Recreation Administrative Manager Alice Loya went before the City Council in November 2010 and said American Golf would receive a $500,000 “Management Fee” with 1% annual increases. Minus payment to a couple American Golf managers, this constitutes guaranteed profit to American Golf, a perk they never enjoyed in the past.
I have a thought experiment for those of you who work in the private sector.
Let’s suppose you are accused of some misdeed by your employer. It could something minor like rudeness to a customer, or something potentially criminal such as embezzlement, assault or even potentially murder or manslaughter.
Hypothetically
Let’s further suppose your employer comes to you and asks you about certain accusations. What do you suppose would happen if you refused to answer any questions about that incident unless you had an attorney present? And if you did speak to speak to your employer what are the chances they would agree to not use your statement against you in a criminal action? Could you refuse a polygraph test under any circumstance? And could you insist your employer never disclose the results of their investigation upon pain of criminal prosecution?
The answer in the private sector is clear cut: while you have constitutional rights in criminal proceedings (including the right to have an attorney present and against self incrimination) if you refuse to cooperate with an employer you can be fired on the spot.
Not so for many of our public employees. Thanks to the Police Officer’s Bill of Rights (Government Code §3300-3311) many of the rights afforded to all of us in criminal prosecutions are also afforded to officers in administrative actions. For example, pursuant to Government Code §3303(f), statements made under duress, coercion “or threats of punitive action” are inadmissible in civil proceedings as well as criminal. Thanks to the decision in Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822, an officer can be disciplined for refusing to answer questions in an administrative hearing, but only if they are first told that the statements cannot be used against him in any criminal matter. An officer also has a right to have council present during any administrative proceedings relating to their conduct. And if there is a violation of any of these or other rights, there is no requirement to exhaust administrative remedies first (like the rest of us have to); the officer can immediately sue in Superior Court.
The combination of the protections in POBAR and the Supreme Court decision in Copley Press, Inc. v. Superior Court (39 Cal.4th 1272) have combined to essentially make our public safety employees above the law. Copley guarantees that any complaints against officers that are handled through the police department will be investigated at the sole discretion of that department, since the public is typically not told how the department ruled or why. Or even whether they looked into the matter at all. Remember, Chief Dan Hughes once admitted that many complaints against officers were simply tossed into the wastepaper basket, since there was no ramification for the department for doing so.
“After careful deliberation, we have concluded that no evidence exists to warrant disciplinary action. At least, not anymore.”
This does not mean that there are no good officers in Fullerton, but it does mean that there are no meaningful external check on the conduct of officers that are a problem, so long as the conduct is not so shocking it winds up becoming a national story. And even then, the protections afforded by POBAR makes firing for even the most shocking crime difficult. See for example Kenton Hampton, who is still employed by the Fullerton Police Department (and pulling in $175,958.90 in total pay and benefits as of 2015, according to Transparent California) despite his involvement in the beating death of Kelly Thomas and the beating/ false imprisonment of Veth Mam (video here) and the fact that even Joseph Wolfe may actually be reinstated despite his role in Thomas’s death.
Since we cannot rely on transparency (state law prohibits it), and we cannot rely on officers within the department to come forward (don’t forget, Copley makes disclosure of internal personnel records a criminal offense, and as Paul Irish has recently learned, even mild, non-specific criticism of department policy can get you in more trouble with your employer than standing around doing nothing while your fellow officers beat a man to death), I concluded several years ago that an effective independent Civilian Oversight Commission was the best method of placing some check on our public employees. Rather than simply advocate for the civilian oversight, those of us who were advocating it decided to prepare their own proposed ordinance, which Matt Leslie has been hosting on his Fullerton Rag blog ever since (it can be found here, although the transfer does appear to have altered the subsections in a way that makes it a bit confusing).
The specifics of and the benefits of the proposed ordinance, and the means in which this City Council could implement it, will be discussed in Part 2.
Enjoy as our Lobbyist-Mayor reads outgoing City Manager Joe Felz’s out-of-a can valediction.
Heartwarming, huh? There is no doubt Ms. Fitzgerald is sorry to see Joe go, but the reasons may have more to do with exercising authority in Fullerton than in any heartfelt sentiment. The important part of this speech, however, is in her description of Felz’s contributions to Fullerton and his legacy. These are important matters to Fitzgerald, as re-writing history always is to politicians.
Note how she credits Felz with bringing Chief Danny on board to “reform” the police department. And how he has masterfully handled the West Coyote Hills shambles, wherein a City government just gives its resident a big fuck you. Even his role in the everlasting Hillcrest Park embarrassment is embellished as some sort of grand victory.
Some people may be forgiven for refusing to accept this self-congratulatory nonsense as they address themselves to some obdurate facts. Such as refusing to reduce personnel, even as Redevelopment was shut down. For outsourcing graffiti removal but keeping the employees on the payroll. For four years of red ink baths to backfill an unbalanced budget. Hiring “Chief Danny?” The man who denied the obvious Culture of Corruption in the FPD. The man who claims to have watched the Kelly Thomas video 400 times, and who let the goons who killed him compare notes and re-write their reports? The man who promoted the only target of the Gennaco report – Goodrich. The man who covered up Felz’s Wild Ride Home on his next to last day of work? Is this supposed to be some sort of sick joke?
And yet for us citizens, no word on what really happened in the early morning of November 9th 2016; no word on what sort of “ongoing criminal investigation” is being pursued, if any; no word on what, if anything the DA has been asked to review.
Well, don’t worry Friends. We will be pursuing the details of Felz’s departure to see what sort of specifics may have been memorialized. And we will not give up getting those cop video records of the night when our former City Manager drove off the road, tried to get away from the scene of an accident, was stopped by the cops, and then given both a pass and a free ride home.
One of our well-placed sources in the City administration has informed us that on-leave City Manager, Joe Felz will be quitting permanently soon, even as conversations now spin around who will replace Felz. Is this true? It has the ring of truth to it.
Speaking of spinning, Felz spun off the Glenwood Avenue in the early morning hours of November 9th, ran over a tree and tried to drive away. The cops on hand smelled alcohol but for reasons that have not yet been revealed, administered no breathalyzer test and instead drove Felz home.
The voice wasn’t soothing, but the words weren’t clear.
The City Attorney has been trying to protect Felz with illegal bogus claims of “personnel matters,” so that excuse would soon be gone if Felz flees the scene. Then there’s the matter of the rather bizarre “ongoing criminal investigation,” that some folks reasonably think is nothing but another dodge to avoid releasing incriminating video and audio records that were made when the cops arrived at the crash scene. No one has even bothered to explain to the public what possible crimes were committed, or who may have committed them. And of course our City Council members have not expressed any curiosity about that, either. Sooner or later our mush-mouth City Attorney is going to have to admit a big problem with his “criminal investigation” yarn, to wit: nobody was arrested that night. No evidence of drunk driving was collected. We don’t even know if a citation was issued.
When Felz goes, he will save the the taxpayers the cost of that so-called “independent person investigation” that the City Attorney thoughtfully cooked up to stall and obfuscate the matter. If so, it will be the one and only time Felz ever saved the taxpayers anything, and that going out the door.
Of course the open question is this: what sort of windfall will be offered by our ever-helpful council to grease the skids of Felz’s departure? If he quits he won’t get his guaranteed payola, but the circumstances of his Wild Ride may make that a moot point.
Whatever happens, rest assured, we will told as little as possible, as late as possible.
It is often said that nature abhors a vacuum. I think government ineptitude and corruption does, too. For a void created in the latter case attracts all sorts of opportunists looking to get ahead. Just consider the Gennaco affair for a moment: an out-of-control police department and a city government that wanted it to stay that way, called on the “professional” services of Michael Gennaco to make sure nothing was done at all.
Class in the morning…
The other day our crack team of investigators discovered that a fellow named Gregg Hanour had made public records requests for police calls to two of downtown Fullerton’s fine dining establishments night clubs – Bourbon Street and our old friends at Slidebar Rock ‘N Roll Something-or-other. Mr. Hanour is a former bar owner who now makes it his business to explore ways in which bars can quit annoying the municipalities in which they are located, abide by the permits that let them operate, and control their rowdy and inebriated customers, etc. Apparently, one of the main strategies offered by Mr. Hanour is to get bartenders to quit serving alcohol to drunks.
Downtown Fullerton must occupy a bunch of Hanour’s business development resources, given the completely out-of-control booze and barf culture that appertains. Good God! Just look at these two rap sheets:
Slidebar Police VisitsBourbon Street Police Visits
Of course we are all familiar with the Slidebar and its checkered history. What most people in Fullerton don’t realize is that Slidebar is currently operating illegally as a night club. That’s right. This establishment has no conditional use permit, and every time something untoward goes on there a tremor of fear should pass through the City’s Risk Management Department. That’s because the City has intentionally looked the other way while Slidebar and it’s politically connected owner Jeremy Popoff keep the doors open and the drink flowing.
The real possibility of injury or assault or worse is evident in the long list of police calls to this bar. Can the City be held responsible for the consequences of letting this place run without the necessary permits? I don’t know. Shall we ask the City Attorney?
Friends, for the past couple weeks I’ve been out in the lonely salt flats and rocky wastes of the great Mojave searching for new zinc veins; so now I belatedly bring you the final installment of Professor J.H Habermeyer’s entertaining essay on the means and methods local government deploys to do what it wants, to get what it desires, and to abuse those who oppose it. Here is the Seventh and final wall.
The Seventh Wall
We have reviewed the myriad ways that local governments obfuscate what they do and then defend their actions against the very citizenry that has placed its faith in the charming swindle known as participatory democracy. The process is one of systematically winnowing out ever smaller numbers of remaining opposition through all sorts of clever tactics that include preying upon citizen apathy, bamboozling the public with unfathomable pseudo-technical jargon, delaying, temporizing, and even legal hair splitting that would make any Philadelphia lawyer proud.
Finally we come to the seventh and final wall that the bureaucracies of local government have erected about themselves and that provides the ultimate protection of the citadel, the sanctum sanctorum, the Holy of Holies. This final palisade is constituted of the legal and practical insulation in which the government functionaries have enveloped themselves.
It is well-known that government employees are cocooned in the protections afforded the “civil service.” This insulation provides great protection and engenders great arrogance. While politicians are theoretically answerable to the public, public employees, practically, answer to nobody. Practice and law provides effective shields to these denizens of the citadel.
The police structure can be counted upon to cover up, obscure, and ultimately exonerate instances of corruption and physical brutalization of perpetrators and innocent, alike. How? Because sham investigations are performed by other police like “Internal Affairs” and the local District Attorney – fellow members of the law enforcement fraternity who use each other symbiotically.
Likewise the urban renewal bureaucrats and land planners who devise titanic fiascoes affecting the lives and livelihoods of hundreds if not thousands of people are protected from public wrath and disapprobation. Their mantra is to look forward not backward; that hindsight is eagle-eyed; that lessons learned will provide a guide for the future; and most comically, that their projects would have worked but for lack of adequate funding. The vehicle known as local government has no rear view mirror, and no matter how rickety the contraption is, its operators will never cast a backwards glance. Thus the great open air civic center mausoleums and dysfunctional ghetto-creating human warehouse projects that should have worked in theory but that failed in practice dot the urban landscape while the perpetrators thereof suffer no rebuke for their manifest failures. In fact they are apt to give each other self-congratulatory awards and accolades!
Layer upon layer of onerous regulations will be promulgated by compliant politicians and then used, and abused, by the bureaucracy with an autocratic arrogance against which the citizenry has little effective recourse; for the guardians of the citadel cannot be held accountable.
In the last analysis, the agents of local authority take their decisions with impunity. They have invested nothing in the expensive mistakes that will cost the taxpayers plenty. There being no practical difference for the bureaucracy between success and failure, we may be sure that strategies based on arbitrary whims, and not sound financial or economic judgment will be propounded. The consequent failures and municipal catastrophes will result in no opprobrium, let alone fiscal detriment, falling upon the decision makers.
Inside the seventh wall the air is rarefied, indeed. Those securely ensconced within its sacred precincts look down upon those outside the citadel with the resigned noblesse and disdain of the mandarin. They are from the government and they are here to help.
Have you ever woken up in the middle of the night and said to yourself, hey, I’m going to take out a new mortgage to pay for sprinklers on property I don’t even own? Yeah, me neither.
Joe Felz, circa 2010
That’s exactly what the City of Fullerton cooked up in 2010 with one minor difference. Instead of a mortgage, they sold municipal revenue bonds, but that distinction is, for the most part, a moot point. Debt is debt.
You see, the Fullerton Golf Course, located northeast of Harbor Blvd. and Bastanchury Rd. (near St. Jude) sits on nearly 75 acres of land owned by the Federal government. The City of Fullerton is simply the lessee on a long-term lease granted by the US Army Corps of Engineers.
American Golf (and it’s predecessor) was the contract operator of the Fullerton Golf Course beginning in 1979. They operated the course as if they owned it outright, and gave the City of Fullerton 20% of the golf and 8% of the concession revenue. This was not a bad arrangement for the City considering it was in American Golf’s best interest to run a lean operation and generate as much revenue as possible. They also assumed responsibility for golf course operating costs, liability, and capital improvements.
