We’re getting used to things like a City Manager involved in a crash getting a free ride home and no questions asked; for years downtown bars and night clubs have been masquerading as restaurants; Hell, we even had one club owner build a room addition on a public sidewalk and get away with it. How many FPD crimes large and small have been hushed up, made to go away? Who really knows?
But if ever a Fullerton resident wanted to find an example of how there are two sets of standards that apply to folks in our town, he need look no farther than a greasy institution called The Slidebar Rock-N-Roll Kitchen.
When it comes to double standards, no one quite succeeds like Jeremy Popoff, proprietor of the Slidebar.
Even if you are not a boozed up troublemaker from Norco, you may have heard of this place and its owner. This was the establishment from whence came the phony call that eventually cost Kelly Thomas his life five years ago. But this isn’t the story of a bar that wanted to get rid of a “nuisance.” No, this post is about a nuisance. A big one.
See, the Slidebar transforms into an entertainment venue at various times during the day, and every night. But the Slidebar has no Conditional Use Permit to so operate as required by the Fullerton Municipal Code. Why is that? Most likely because such a CUP would formally require noise monitoring. And there’s the problem.
Here’s a noise sampling from just outside this venerable establishment:
The Slidebar has been violating both the City’s noise ordinances and the noise levels established in the Transportation Center Specific Plan for years. The cops won’t do anything about it and neither, apparently, will the people paid to enforce the city’s code.
How come?
Stories have been circulating for years that the Slidebar treated Fullerton cops to free food and drink. Is this true? I don’t know, but it certainly gives pause – for a lot of reasons, maybe the least of which is an FPD lack of appetite for clamping down on this public nuisance.
And consider this: Mr. Popoff has made it his business to grease the political gears in Fullerton via campaign contributions. Big time. And is it any surprise that this fine establishment regularly hosts election night parties for incumbent city councilmembers?
Here’s a fun story from the Orange Juice Blog about our lobbyist-councilperson, Jennifer Fitzgerald, partying it up with the Slidebar proprietor, perhaps star-struck by Mr. Popoff’s low-grade celebrity and other mysterious charms. This was at precisely the same time that Mr. Popoff became such an expert at demographics and cartography that his districting map was chosen at the last minute by our feeble city council – unanimously. The sole purpose of that map was to illegally carve up downtown Fullerton – an indisputable “community of interest” – into five districts, thus ensuring that the downtown residents would never have a say in the governance of the open air saloon where they live. And the completely nonsensical ballot statement in favor of this gerrymandered embarrassment was written by none other than…Fitzgerald.
But back to the CUP and noise issues: would it be too cynical to suppose that Popoff’s connections to Ms. Fitzgerald is one of of the reasons this business continues to break the law with impunity?
Magicians have been making things disappear for a long time. In fact it’s a staple of the repertoire. Making a public employee position come and go is harder. That’s because in a public agency budgeted positions, like money, have to be approved by the governing board in the first place. And once budgeted they never go away.
And yet somehow, during the year of her re-election bid, lobbyist-mayor Jennifer Fitzgerald demanded, and got, a special assistant from Joe Felz to help her with her mayoral chores, without getting any authorization from the city council to create a new position.
The individual in question is called Gladys Blankenship, who is probably a very nice person. Here she describes the scope of her “official” position on Linkedin. Check out the second bullet point. The rest is ginned up bureaucratic nonsense.
Experience
-
Executive Assistant, Assistant to Mayor of Fullerton, Assistant to Economic Development Manager
City of Fullerton
• Participate in special projects to develop and implement new processes, develop and standardize practices, assist in streamlining methods for improving existing ordinance and procedures
• Schedule and prepare all appointments and meetings for the Mayor of Fullerton
• Provide office support for Mayor, City Manager and Economic Development Manager
• Provide research for ongoing projects being presented to City Council
• Provide knowledge and personal opinions on subject matters being presented in City Council and Economic Development Commission meetings
• Perform clerical duties requiring the application of subject matter knowledge and interpretation of policies, rules and procedures
• Provide assistance in preparation of draft and/or final form of material such as, memoranda, letters, reports, requests, etc., as assigned
• Check, compile and assemble records information in preparation for City Council meetings
• Assist in preparing and distributing agendas and related materials to various committees
• Maintain and update ongoing projects, records and office filing systems for both the Economic Development Department and Commission
• Provide information, including explanation of policies, procedures, rules and regulations, to City personnel and general public
• Copy, file and appropriately dispose of sensitive documents
• Record actions of meetings attended and transcribe taped records into minute format
• Maintain subject matter files and records
• Proficient in Microsoft Word, Excel, PowerPoint and Outlook
Looks like the deal was supposed to be that once Fitzgerald was safely re-elected, Ms. Blankenship would be quietly moved to another department where, presumably, a vacant budgeted slot existed to receive her tab. And we may safely infer that deal, since that is precisely what has happened; and Ms. Blankenship’s previous job has not been filled, nor will it be under new mayor, Bruce Whitaker.
Ms. Fitzgerald spent a lot of time during the election year lying about Fullerton’s allegedly balanced budget. It isn’t balanced, and hasn’t been for five years – ever since she came on to the city council. And now we discover that while the tide of red ink was rising ever higher, Fitzgerald demanded, and got, an employee all to herself.
Well, the short answer is that if they don’t get a call from the Chief of Police telling you to drive the dude home, they’ve got their man. And if they’re lucky they get to keep his impounded his car.
Ironic use of photo by Bill Alkofer, OC Register
Seriously, though, the virtually useless OC Register ran another one of its slanted, pro cop pieces yesterday about the evils of mary-j-wanna, and I wouldn’t even bother posting about it except that it featured the images and words of Fullerton’s expert dope detecting cops.
The extreme irony of Fullerton cops being set up as exemplars in the detection of impaired drivers seems to have escaped the writers and editors at the Register, given the department’s behavior in the case of the Missing Maniacal Motorist, former City Manager, Joe Felz, who was apprehended after jumping a Glenwood Avenue curb, uprooting a tree, and trying to drive off. Despite emitting an odor of alcohol strong enough to be detected by a cop on the scene, the boyz in blue gave Joe a pass and a ride home. I’m not sure, but he may have been tucked into bed, and gotten a glass of warm milk and a cookie, too.
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.
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.
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.