The Sea Turtle Strategy

Their odds didn't look too good.

Some creatures in Nature’s realm need to mass produce their potential offspring. It’s a numbers game. Sea turtles lay thousands upon thousands of eggs in desperate hope that at least a few will return to the sea and grow up to be happy sea turtles.

In politics, the act of desperation is reflected in blind mailings to all voters in the vain hope that a few voters will respond. Yes, it sure is desperate. In the reptilian campaign to save the scaly hides of the Three Dithering Dinosaurs desperation has set in, all right. You might call it a last gasp.

Here’s a very expensive mailer they just sent out to everybody, anybody, trying to get folks to rescind their signature on the pro-recall petition. But they have zero idea who has signed the petitions. Talk about desperation! Just to show how inept the Three Sluggish Sloths’ handlers are, they even sent one to – Tony Bushala!

If you happen to get one of these in the mail you can do the Recall a favor. Write in: Go Screw Yourself, Ackerman, and mail it in. See, Pat McPension, the kook who hired all those crooked Fullerton cops, and who makes almost $20,000 a month in retirement, has to pay for the postage!

Recall Reply Mail Contest!

Show the anti-recall committee your creative writing skills by scratching something fun onto their reply cards. Take a picture, upload it to www.tinypic.com and post it in the comments before you mail it away!

 

WHERE’S OUR MONEY?

For years and years the City of Fullerton has been adding ten percent to the cost you and I pay for our water and re-directing this money to Fullerton’s General Fund; the fund that pays for City Councilmen Jones’ and Bankhead’s pay and perks, and that also pays for Fullerton’s pensions, including the mammoth pension pulled in by Councilmember and former Police Chief Pat McKinley.

Forget for a moment the fact that California’s Constitution prohibits governments from charging more  for services than they really cost, and consider Proposition 218, passed by the voters in 1996. It says that the government can’t dress up taxes and call them fees. It requires justification of such charges and public transparency. Justification and transparency, two commodities in real short supply in Fullerton.

The 10% “in-lieu fee” that the City has been adding (and hiding) in your water bill total is, and always was a fraud, and illegal.

Who wants to put lipstick on the pig?

Coincidentally, our asinine councilmember,  F “Dick”  Jones was first elected in 1996. And that means for every year of his rude, loud-mouthed tenure on the Fullerton City Council he has been approving this rip-off. Of course his sleepy pal Don Bankhead was trudging right along side him every crooked mile of the way.

They ain't very smart, but they sure is slow...

Since the gross rater revenue runs into the tens of millions every year, the  10% rip off has sure piled up. I estimate the total to be somewhere between $25,000,000 and $30,000,000 since 1997 alone. That’s a lot of dough, and I really have to wonder, will Jones, Bankhead and now McKinley offer the water ratepayers of Fullerton a refund of this misdirected money?

Why not?

You Said What You Said

Politicians are forever saying asinine things and then denying they said them. Small time politicians like our own mutton head Don Bankhead have been getting away with this sort of thing for years. Televised council meetings have helped expose the intra-noggin confusion that exists in minds like Bankhead’s, but youtube has really been invaluable.

A while back we ran a post that highlighted Bruce Whitaker rightfully taking Bankhead to task for sharing his opinion that Fullerton would be ghost town without Redevelopment. No, no said Bankhead, testy-like. He really said “downtown Fullerton.” Forget that neither would be a ghost town without Redevelopment – that’s just Big Gummint Bankhead passing along all the lies he’s swallowed over the years, and of course his own campaign literature year after dreary year – taking credit for “revitalizing” DTF over and over and over and over and over again.

Here’s what Bankhead really said, verbatim, an insult to the hundreds of businesses in DTF and in the rest of the city that never took a nickel of Bankhead’s largess:

Or, to put it another way:

Howard Jarvis Will Challenge Fullerton’s Illegal Water Tax

It looks like our city may be in for another lawsuit. Check out this letter that was sent from the Howard Jarvis Taxpayers Association just before Turkey Day (emphasis mine):

Mr. Joe Felz, City Manager
City of Fullerton
303 W Commonwealth Avenue
Fullerton,CA 92832

Re:  Water Department “In Lieu Fees”

Jack Dean, a friend of the Howard Jarvis Taxpayers Association, has brought to our attention that the City of Fullerton pads the rates charged to water customers in order to transfer funds from the Water Fund to the General Fund.  These transfers appear in the City’s Budget under Water Fund expenses and General Fund revenue as a 10% in-lieu franchise fee.  We believe the fee and revenue transfers are illegal.

If a private company provided water service to the residents of Fullerton, the City could charge the private company a negotiated franchise fee for occupying public rights of way with its pipelines.  That is not the case in Fullerton, however, as the City operates its own municipal water utility.  The rates the City may charge are governed by the California Constitution, which limits rates to just the amount required to provide service, and prohibits transferring rate revenue for use elsewhere.

California Constitution article XIII D § 6(b) states in relevant part: “(1) Revenues derived from the fee or charge shall not exceed the funds required to provide the property related service. (2) Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed.”

We successfully litigated this issue several years ago in lawsuits against the cities of Roseville and Fresno.  The courts in those two cases ruled that a city’s utility enterprise can reimburse the General Fund for actual, documented expenditures incurred on behalf of the utility, such as the utility’s use of the City Attorney’s services, or the utility’s share of a common insurance fund.  However, the utility cannot serve as a supplemental source of revenue for the General Fund.  As the court in the Roseville case said:

“[T]he in-lieu fee violates section 6(b) of Proposition 218 in a more direct way. Roseville concedes that ‘[r]evenue from the in [-]lieu franchise fee is placed in [Roseville’s] general fund to pay for general governmental services. It has not been pledged, formally or informally[,] for any specific purpose.’ This concession runs afoul of section 6(b)(2) that ‘[r]evenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed.’ It also contravenes section 6(b)(5) that ‘[n]o fee or charge may be imposed for general governmental services.’”Howard Jarvis Taxpayers Assn. v. City of Roseville (2002) 97 Cal.App.4th 637, 650.

By this letter we are formally requesting the City of Fullerton to stop charging the 10% in-lieu franchise fee, and to adjust its customers’ water rates accordingly.

If the City believes its 10% in-lieu franchise fee is legally defensible, then please consider this letter a request under the California Public Records Act for copies of the study(s) and/or accounting(s) that itemize General Fund costs on behalf of the Water Fund totaling exactly 10% each year.

Your response by December 10, 2011, would be appreciated.

Sincerely,

Timothy A. Bittle
Director of Legal Affairs

The tax became a big issue back in July, when a guy named Jack Dean from the Fullerton Association of Concerned Taxpayers pointed out the illegality of this water tax to the council (during an attempt to double water rates.)

Well, it’s been four months now, and Fullerton residents are STILL PAYING that illegal tax on every water bill.

Of course Bankhead, Jones and McKinley are waiting for the city attorney to find a way to squeeze that tax through a legal loophole, instead of rescinding it and refunding the money they’ve been helping the city steal from taxpayers since Prop 218 passed fifteen years ago.

How about a refund?

SHAME. SHAME. SHAME.

The City's eyes were badly "bloused." Again.

The OC Weekly’s Marisa Gerber has just written a detailed and painful catalog of offenses perpetrated by the Fullerton Police Department over a period of many years. It’s on the cover of this week’s edition.

No reasonable person can read this litany of arrogant terror and error, without concluding that the FPD sank deep into a Culture of Corruption under former chief and current councilmember, Pat McKinley; and that McKinley’s diseased poultry is still coming home to roost – two and a half years after his retirement.

But, as they say, where there is a will, there is way, and the anti-recall clowns will never acknowledge any of this scandal. They have far too much at stake – financially and emotionally.

Well, they can bury their heads in the sands, but the denial isn’t going to help. Their “esteemed” councilmen have dozed away, and looked the other way when all this was happening. It seems they thought their job was to attend ribbon cuttings, enjoy free drinks at Chamber of Commerce mixers, and give away millions of dollars worth of property to their campaign contributors.

And having everyone kiss your pale, withered butt means never having to say you’re sorry.

For Bankhead, Jones, and now McKinley, there has never been a thin dime’s worth of accountability.

Until now. And that’s the Recall!

 

 

Suicide in Fullerton Jail Should Raise Questions

He checked in, but he din't check out.

Last spring Dean Francis Gochenour, 52, was arrested in Fullerton for suspicion of drunk driving and was taken to the Fullerton jail. He never left. Not alive, anyway.

In the early morning hours of April 15, 2011  Gochenour was discovered in a holding cell, dead. Death by apparent “hanging” was passed out by the cops to the media, although what he was hanging from and by what means wasn’t elaborated. Here’s the brief news clip.

Almost immediately, however, stories began to emanate from the basement of the police HQ to the effect that Gochenour had been demeaned and taunted by the arresting officer; that he had been admonished by the cop to kill himself; that the cop’s behavior had been witnessed and or overheard by a jail employee and reported to his bosses; that a superior had confronted the officer in question, whereupon the latter tried to smash his DAR to destroy evidence; but that said evidence was retrieved.

He was not like you Rotarians. I mean he was not a credible witness. And now he's dead. I guess we could do another one of those "in-house" investigations we excel at.

It would not be entirely out of character for a Fullerton cop to urge an arrestee to commit suicide, given what we’ve seen of the thuggish behavior of our police lately. Is that what happened? Exactly how Gochenour died is not clear. In April it seemed a lot less suspicious than it does now, especially since FPD spokesmen have been shown to play fast and loose with the truth.

All of which begs the questions: who was the cop involved and what is his current employment status? In Fullerton, such things are shrouded behind a nearly impenetrable curtain.

We will try to pull it back and find out.

Cicinelli LAPD Pension Safe; Too Bad Fullerton Wasn’t Safe From Cicinelli

The guy who pounded Kelly Thomas’ face to bloody jelly (right after he got done torturing him with multiple Taser shocks) won’t lose his disability pension from the LAPD. In fact, the board that oversees such things won’t even review the case. Marisa Gerber relates the story in the OC Weekly, here.

What case is that? It stems from Cicinelli’s getting all shot to hell a few weeks out of the chute back in the mid-90’s. Among other injuries, one of his eyes was shot out. At the time, the pension board granted him a lifetime disability, but of course that decision didn’t contemplate Cicinelli going back to work as a one-eyed cop, which he did in Fullerton a little while later. And apparently nobody from Fullerton bothered to inform anybody in LA of Cicinelli’s new employment status.

So Cicinelli was making $40K a year from LAPD and made about $90K from Fullerton on that hot, sultry night of July 5th, 2011. Equitable? You decide.

Speaking of getting two pensions, I now roll around to the main point of this post. Which is Pat McKinley, the double barreled pension grabber who, as chief of the Fullerton Police Department hired Cicinelli and deployed the one-eyed cop on the streets of Fullerton. It was a favor for an old LAPD crony. In so doing, he placed Cicinelli, the public, and the taxpaying citizenry at dire risk.

He also hired the rest of the FPD gallery of rogues that has made the news lately: the druggies, pickpockets, perjurers, thugs, sex offenders and killers.

McKinley still insists he is proud of all these people (except for “the two!”) and has nothing to apologize for.

See, in Pat’s weird world mistakes are never admitted, responsibility for failure is never taken, and of course, accountability is utterly absent. McKinley won’t acknowledge what everybody else already knows: during his tenure as the head of the Fullerton Police Department his leadership failure created an obvious Culture of Corruption that culminated with the death of Kelly Thomas and the subsequent attempt to hush it up.

Well, I guess since McKinley won’t man up to his own failures, we’re going to have to do it for him

 

 

15 Years Later….Doc Foghorn Still Has No Clue

Yes, it’s been 15 long years of listening to this bully push people around – always people he doesn’t think will push back.

Enjoy this clip of our own Doc Cornpone as he screams at his constituents and tries to have a public speaker ejected from the City Council Chamber. His offense? He didn’t fill out a speaker card.

Did Jones even have a clue that what he did was illegal and could have ended up with another embarrassing lawsuit? Guess not.

Should we at least be thankful this asinine buffoon apologized at the end?

How To Blow $17,000

 

The good old days...

Item #3 on yesterday’s agenda was a request by Acting Chief-Until-Mike-Sellers-Pulls-His-Head-Out-and-Comes-Back-to-Work Hamilton to buy some spiffy raincoats for his lads. 200 to be precise, at a cost of $17,000. That’s $85 bucks a pop, and presumably Hamilton got a great discount for quantity.

These uber-raincoats meet some sort of Federal guideline for work in “federal-aid” highways right-of-ways (weren’t you losing sleep worrying about that?). And naturally the current coats are old and only “water resistant.” Typical. in government resource mismanagement is always used as an excuse for big, new, outlays.

But consider this: right now Fullerton’s entire police force numbers about 140 (give or take, depending on how many are on paid or unpaid administrative leave and can’t work on any highway, federal-aid or otherwise. Then there’s the fact that not all 140 are on duty at any one time. Then there’s the fact that only a fraction of the force will actually be on patrol when it’s actually raining and might be needed to stand around after a car crash. Finally there’s the obvious fact that these people really ought to  be able to share a few dozen of the same infrequently used garments.

Oh, it's raining all right.

Please note that because the money is from asset seizure and not General Fund, the requestor is unashamed to make such a profligate request.

So how did our esteemed city council vote? Apparently it passed on the Consent Calendar nod 5-0.

“Dick” Ackerman Moral Weathervane of the Anti-recall Team. Part 3.

Heh, heh. When nobody was looking the collection plate went missing.

When you are a moral vacuum like Dick Ackerman, you really don’t stand for much of anything except your own well-being. Public service? Hell, no! It’s all about personal service. Everything else is just platitudes and bull shit.

An indication of Mr. Ackerman’s future career path was clearly established with the creation of a fake charity by his wife that was simply a mechanism to get state legislators (one of whom was Mr. Ackerman) alone on Maui with lobbyists for big corporate interests who actually paid for the whole junket. Ackerman is hilariously quoted as saying how beneficial these get togethers were, as if being lobbied in Sacramento (instead of Hawaii by the same cast of characters) was somehow just so much more darned inefficient. FFFF posted all about the utterly phony Pacific Policy Research Foundation, here.

I don't even know how I got into the room...

That was just the start of Mr. Ackerman exploiting Mrs. Ackerman for family gain. And it wasn’t enough that The Dickster got the missus on the Metropolitan Water Board where she naturally supported huge water rate increases (true, that bar was already set really, really low).

In the summer of 2009, while The Dick was illegally lobbying the State Legislature in the sordid the OC Fair Swindle, his protege, 72nd  District Assemblyman Mike Duvall was caught bragging of nasty sexual accomplishments with a lobbyist; maybe the idea of nasty accomplishments with lobbyists ignited a fire in Dick’s political loins. By the end of September his wife, Linda Ackerwoman was running to replace the disgraced Duvall!

Now people endowed with a normal dose of shame would have simply receded into the background after the man they promoted was busted for moral turpitude. But the Ackermans are not so endowed. Dick’s immediate impulse was to promote the candidacy of the wife, a woman who had, apparently, never even held a job except as a “consultant” raiding her husband’s campaign accounts.

Well, okay. Lot’s of unqualified dimwits run for the Legislature. The real problem was that the Ackermans didn’t even live in the district. The Ackermans live in a top-secret gated community in Irvine! The State Constitution says you have to live in a district a year, but what the Hell, the State Constitution is for losers!

So Dick and Linda cooked up a fake address in the rumpus room of a Fullerton stooge. Well, technically they were carpetbaggers; but since nobody really believed they spent a night living in Fullerton a better word applies: fraud.

You mean they never really lived here. I guess I slept through that. Again.

As expected, Mrs. Ackerwoman got the endorsements of the Three Deteriorating Dinosaurs, all the statewide Redevelopment money, and the big corporate interest lobbyists. They ran one of the slimiest campaign anybody could remember. It hardly mattered. The Ackermans still lost to Chris Norby by a whopping 20 points in the Republican Primary. Within a few weeks they had reregistered to vote in the leafy precincts where their Irvine mini-McMansion is located. How’s that for a big F-you, Fullerton?

The point of the story is simple:  there is no basement so low that Dick Ackerman & Co. won’t crawl into it in order to pull a string or make a buck. And if you don’t recognize Dick as the moral barometer of the anti-recall campaign, you don’t know Dick.