Another DA Whitewash. Rackauckas A Bit of An Artist.

Lay it on thick, boy. Then add some more.

A cynical person said the other day that when he was born, OC District Attorney Tony Rackauckas’ mom pushed him out along with a can of white paint and a four inch bristle brush.

It’s common knowledge around town that T-Rack, as he is fondly known, rarely, if ever, pursues political miscreants, but in the case of the OC Fair Board and its odd behavior in the summer of 2009 he had no choice. See, the State AG refused to handle the issue due to a conflict of interest and dumped the investigation back to OC, where Rackauckas was waiting with paint and brush to work on his next masterpiece.

Don't look at that guy over there. He says he didn't do anything wrong.

After almost a year the DA coughed up a 50 page recitation of the facts. Or to be more precise he regurgitated what was told to him by the individuals involved and subsequently passed it along as Gospel. Of course there were no depositions, no testimony under oath, or any other annoying and time consuming probative truth-getting-at devices.

According to OC’s own Picasso, the Create-Your-Own Board crew exercised poor judgment, but, since they obviously had nothing to gain from the sale except for a few miserable tix, no harm done, get it? After all, the fact that the real estate could be worth nobody-knows-how-many millions to people behind the scenes was not an issue to the DA because the new Board was to have served without compensation. And after all the DA isn’t a mind-reader, right?

So nobody did anything wrong – even though the Fair Board members clandestinely created their own non-profit to buy the Fair with the help of former State Senator Dick Ackerman, paid for The Flack with public money (later reimbursed after the fact) and also hired Ackerman, not to lobby the Legislature, oh, no for that would be illegal, but rather as a mere “consultant” to go up to Sacramento to feel out the Governor on his seriousness to sell the OC Fair property. Just talking to the Guv’s crew ain’t lobbying per the Government Code, and the Dickster is home and dry, right?

Here is the DA’s report, on page 15, quoting The Dickster:

Mr. Ackerman stated that he and the OCFEC “had absolutely no input into the language [of the bill] whatsoever.”

Um, yeah, right, T-Rack. But then there’s the problem of some acutely embarrassing words right out of Ackerman’s own mouth. Here he is in an October 23, 2009 article in the Daily Pilot in which Mr. Consultant tries to explain away his activities:

“In order for the fair to be sold, it would require budget language to authorize the state to sell it,” he said. “I did some preliminary work to get the language in the budget.”

Well that’s just swell, Dick. That language sure wasn’t going to write itself and then jump into the bill on its own, now was it? Working to get language into legislation is exactly what lobbyists do. In fact, that behavior may well serve as the very definition of lobbying. And it certainly doesn’t square with what the DA says Ackerman later claimed was his job.

And finally, note that in the report Ackerman says he had “no input.” Strike as non-responsive, Dickie-boy.

The issue isn’t whether you are a failed lobbyist, but rather that you were doing it in the first place!

I love it. Everybody keeps calling me "Honorable."

I also wonder if the DA’s investigators even bothered to ask OC legislators like Assemblyman Jim Silva, just who it was was lobbying him heavily, as he indicated to OJ Blogger Vern Nelson, last year. Did he talk to Mike Duvall, who also opposed the sale? Naw, why bother.

Aw, Hell, who really cares anymore? It’s not like anybody expected Rackauckas to actually look into a case where the principals didn’t sport gang tats.

Personally, I think  you have admire the certain peculiar of skill set required to be able to define something by describing all the negative space around it, and coming to the conclusion that there was really never anything there in the first place.

BIG SIDHU SUPPORTER IN DEEP FECAL MATTER WITH FEDS?

Last December we posted about a character named Ajit Mithaiwala who had built a heavily subsidized low income housing fustercluck project in Fullerton in the 1990s that epitomized the futility and incompetence of Fullerton Redevelopment Agency.

Remember? His name popped up on a host committee list for a fund raiser thrown by high speed rail impresario  and con man Curt Pringle, in honor of his boy, Hide and Seek Harry Sidhu. Since the name appeared to be mispelled we had fun with the notion that it might be somebody else.

Oh, no, no, no! That is another guy, I tell you. There are hundreds of them. Thousands of them.

In the post we wondered aloud what had become of Mithaiwala, and what he had been up to the past ten years.

It turns out we weren’t alone. Federal government auditors, prosecutors, and the FBI have been wondering too, according to an L.A. Times article forwarded to us by an alert Friend.

All sorts of misbehavin’ have been attributed to this guy and his development company that found a niche building subsidized, low-income housing projects, including fraud, failure to report income, and building shoddy, unsafe buildings. His politcal contributions have been scrutinized, too.

Here are a few choice morsels in the article from the Federal investigator:

“virtually no financial records,” no general ledger, no balance sheet and no bank reconciliations. Working with forensic accountants, he said he had discovered “potential fraud and criminal activity.”

On Tuesday, he told the court he was still trying to gain control of company assets and had identified 400 bank accounts, as well as $600,000 in gold bullion and three cars, including a Bentley.

It transpires that besides Fullerton, Mithaiwala has left a trail of tears behind him in cities across Southern California, including our neighbor to the south, Anaheim,  where the Mayor Pro Tem is none other than Hide and Seek Harry Sidhu.

I know nothing. Nothing!

Yikes. You don’t mess with the Treasury Department, boys. Even Al Capone could tell you that.

CalPERS Delays Scary Pension Reports Until After the Election

A senior CalPERS attorney just told me that the annual pension liability reports for local agencies, which are normally distributed every October, have now been delayed until after the November elections. The delays are allegedly due to furloughs, but conveniently prevent local pension watchdogs from using the data to promote fiscally conservative candidates and pension reform leading up to the November 2nd.

I bury'd it.

This year’s reports would be the first to calculate pension liabilities after the disastrous market crash of 2008/2009 which caused CalPERS to loose a large portion of its holdings, which in turn has caused cities’ unfunded liability and annual contributions to skyrocket. But the damage to each city is unknown until the individual reports are released.

How bad will it be? Here’s one example: rough calculations show Fullerton’s “non-smoothed” unfunded liability for itspublic safety plan will soar past $100,000,000 this year, nearly three times the amount presented last year. Throughout the state, the debts shown in these report are likely to be shocking compared to previous filings.

The data would have undoubtedly been used to draw more attention to the dire pension situation in cities throughout California. The reports would have come just in time for local elections, which makes CalPERS’ stated cause for the delay extremely suspect.

Ouch

The annual “Actuarial Valuation” reports are prepared by CalPERS actuaries for each participating agency to justify annual increases in required contributions. Here is a example of Fullerton’s public safety report for 2008, which is the most recent year available.

Rodent Emerges From Hole

Those guys punched a big hole in my credibility!

I was just informed that in a Red County post my old punching bag Matthew J. Cunningham wrote a post about some jackoffs down in Mission Viejo. Why he cares about that is his own business, but in this post he threw out this precious and completely gratuitous nugget:

I realize that sounds juvenile and stupid, but that’s how these types think (kind of like how a Fullerton council candidate disliked by a gadfly faction there had a hole punched in his truck’s gas tank).

Okay, we gotta cut this piece of shit some slack. After all, we were the ones that pulled back the rancid curtain and exposed to OC Republicans the fact that their wordsmith was wordsmithing hard for $200 an hour on behalf of meathead Rob Reiner’s tax-and-redistribute, whole-village rearing Children and Families Commission.

And of course we nailed him for supporting the stillborn supervisorial campaign of Democrat and serial miscreant, Tom Daly.

Still, insinuating that FFFF had something to do with Kevlar Cueball’s gas tank puncture is pure chickenshit. And of course it is couched in all the craven wordsmithing words that will keep you out of court and maybe even avoid serious physical rebuke.

Cops Love us!

Well, some cops, anyway, and not in Fullerton!

That is bee-u-tee-ful.

It transpires that the police union in the beautiful and high-toned town of Santa Barbra are unhappy with their city manager. “Joe” sez you, “so what?”

A man discovers his true vocation...

Well, it turns out that the City Manager of Santa Barbara is none other than James L. Armstrong, who used to occupy that job description here in Fullerton. The union has discovered our humble blog and shared some of our history lessons.

Although this stuff occurred a few years before my time, this blog has had some great fun recounting the myriad disasters that occurred during the reign of King James I. Things like Redevelopment boondoggles, general unaccountability, high-handed behavior, and the sort of arrogant bullshit that is normally reserved for those who can pull of the Divine Right of Kings gig.

Nice trousers...

Here’s the post on the website, just in case you’re interested in enjoying the SBPD union’s take on their beloved leader.

Well, we got rid of him, at least.

Update – the link is broken. Here is a back up copy.

The Sad Barnacle on the S.S. Pringle’s Bottom

Why is everybody always pickin' on me?

As he slithers off into sad irrelevance, the former blog proprietor, now blog wage slave, Matthew J. Cunningham, is looking for any sugar daddy he can latch onto. After we blew his cover as a hyper-liberal nanny state teat sucker, he clearly needs work, and scribbling out press releases for the campaigns of Curt Pringle puppets may not even pay the rent.

Cynthia Ward, one of a diminishing breed of honest Anaheimers recently posted on the Red County blog about complaints to the State Attorney General about the incompatible offices held by Anaheim’s Mayor-for-Hire, Curt Pringle, who also holds the esteemed positions of OCTA Board member and California High Speed Rail Authority Chairman.

Right on cue, Cunningham attacked me, personally, instead of explaining why Pringle has been using his chairmanship of the CHRA swindle to try to move state taxpayer resources into his OCTA subsidized Anaheim ARTIC boondoggle.

It's in my interest and that means it's good for everybody...

Oh, yeah, that one. The one that has already misdirected $140,000,000 of County-wide transit tax dollars for the immediate benefit of Pringle’s useless glass Taj Mahal. And let’s not forget the biz the soon-to-be termed out Pringle will be passing to himself when his “consulting” business really gets to some serious greasin.’

A deep thought or a hard stool?

Cunningham has always congratulated himself on his self-perceived powers of thought and argumentation and “credibility,” a credibility that certainly took a shot in the mauve speedos when folks found out he was making $200 an hour passing out toothbrushes for Rob Reiner’s tax-and-redistribute First Five program. Well, lets take a gander at what Mr. Credibility has to say about yours truly. He begins his comments:

You neglected to mention the central in this drama being played by Tony Bushala, who has developed a habit of filing complaints against political enemies — or, at least, against those he perceives to be antagonistic to politicians he supports. Does anyone believe he would have filed a complaint if the Mayor in question wasn’t Curt Pringle? Or more to the point, if Curt Pringle had supported Shawn Nelson for supervisor?

Huh? A habit of complaints against political enemies? Oh yeah, like the serial perjuries of Harry Sidhu? Right well, that was one complaint. A habit?  And what does Pringle’s behavior have to do with Shawn Nelson? That’s right, nothing.

This is an attempt to criminalize a policy dispute. Even if a conflict exists — which is flimsy possibility, at best — it will be obviated in two months when Curt ceases being both the Mayor of Anaheim and a member of the OCTA Board.

Attempt to criminalize? Who said anything about “criminals” beside The Jerb? Oops, a Freudian slip? But really: “a policy dispute?! Like fraudulently bamboozling the public into a deal the perpetrators of which knew or suspected was based on cooked up rideship numbers? No, not fraud, merely a policy dispute!

I know, says Cunningham. Let’s look the other way (obviate – there’s an awful big word for such a small boy) just like Jerbal did by exclaiming that Sidhu didn’t commit perjury because his supposed stay at the Calabria Apartments was a lie of such short duration.

But wait, then there’s this gem:

Bushala’s call? Cynthia, his involvement is hugely relevant. I’m not going into CARRD’s motives — other than trying to remove an effective opponent before mayoral term limits renders the complaint moot — but Bushala has been actively trying to inflict harm on Curt, so his motives ought to be suspect.

Wrong. Pringle is responsible for his own behavior. We’re just shining a light on it. If illumination of Pringle’s activities is harmful, that ‘s his fault! But, come to think of it, why should an honest politician worry about citizens bringing attention to his activities?

Bushala is a land speculator. It’s my understanding he’s trying to get the city to re-zone properties he has so he can develop them.

Oh no! An evil land speculator! Heaven forfend! Free enterprise is breaking out all over and Cunningham’s scared! The facts are wrong, and not relevant to anything he’s talking about but let’s try to whip up a little anti-capitalist hysteria, shall we, comrade, as we try out our old distraction trick.

It’s also my understanding he and his brother are coming into somewhere in the neighborhood of $13 million in an “eminent domain” action by the OCTA. I use quotes when local governments seeking to purchase property for some public purpose, the property owners often want the city to eminent domain them, instead, because of the tax advantages.

“Using quotes” – the humorless Jerb is getting all ironical on us here, and inserting more irrelevant information about which he knows nothing, but weasels his way around that fact by saying it is his “understanding.” Why didn’t he say misunderstanding and at least tell the truth?

Finally, this is an opinion from the Leg Counsel. Opinion. I take it you believe every legal opinion rendered by the Anaheim City Attorney to hold the force of law?

Holy Shit! Now the poor loser has really his rock bottom. Well almost. This motormouth’s not done making a fool of himself, now using numbered paragraphs to give his nonsense the color of authority:

1. Bushala’s motives are absolutely fair game, and it ought to have been noted in the post that one of the filers of the complaint is not only an avowed political enemy of Curt Pringle but someone whose honesty is questionable.

How does he know I am an “avowed” anything? And what in the world do my motives have to do with Pringle’s behavior, including his career of influence peddling under the guise of “lobbying?” My honesty is questionable? Ha! See next item, below.

2. At the end of the day, what Bushala and CARRD have is an opinion of about the applicability of an opinion. Which a far sight sight from Bushala’s claim that Curt is “breaking the law.”

And now an outright lie from Mr. Credibility. I never said that. Here’s what I said: “The credibility of the California High Speed Rail Authority program, and more importantly, both the appearance and substance of fair, open and honest government in California, demand it.” Hmm. Pringle a law breaker? Another Freudian slip by Cunningham?

3. Curt has been on CHSRC for three years. It wasn’t exactly a secret he was also Anaheim Mayor and an OCTA Director. Why only file a complaint now, when he’ll be leaving office in two months and the alleged incompatibility would be a moot point — assuming it even exists?

The fact that I became aware of the Legislative Counsel’s finding only week ago seems irrelevant to Cunningham, but not to me. There’s still a month for this miscreant to call meetings and cast votes. Cunningham, who loves to put time limits on honesty when it comes to his patrons and political clients just doesn’t seem to get it.

Oh, well, the facts clearly mean nothing to Cunningham, assuming he can even grasp them through the waves of desperation that make him cling to a creep like Pringle like a drowning man clings to a rock in the ocean. And I honestly wonder if Pringle sent him a check for that string of drivel.

Get in line, boy. And stay there.

Well, folks, there you have the very essence of repuglicanism: turn looking the other way into a full time business; in fact, try to make some green off of it. Perv priests, Church cover-ups, bogus consulting contracts doled out to fellow ‘pugs, “privatization” of unnecessary functions that benefit only yourself and your pals; ignore the facts; hell, forget your own party and its supposed principles when your crime boss tells you to.

Firefighters Lose. How Much Do They Make, Anyway?

Here’s a fun repeat-post from last spring – featuring two of 4SD Observer’s favorite idols: emergency service providers and the dim-witted Pam Keller. For sheer fat-headedness, selfishness, and fiscal irresponsibility, you just can’t beat the ESP union.

– Joe Sipowicz

Pam Keller was the only city council member who did not have the guts to impose a %5 pay reduction on members of the Fullerton firefighter’s union after negotiations failed on Tuesday. The union refused to accept a deal similar to those offered to all other Fullerton employees.

The union says the pay cut is unfair. Is that true? Let’s see what firefighters actually took home last year:

View the 2009 Fullerton Fire Dept payroll

In addition to the gross pay numbers above, firefighters receive the following estimated benefits at the city’s expense:

Pension contribution: ~30% of base salary. Ranges from $15,000 to 28,000/yr, not including unfunded liabilities
Medical: $5,460 to $14,748/yr
Dental: $588 to $1,128/yr

Not a bad gig. It’s no wonder there are hundreds of applicants whenever a position opens up.

Does Keller really think that asking this highly compensated group of public employees to take the same pay cut as everyone else was “unfair?’

Us public employees gotta watch out for each other.

Or perhaps Pam is just sticking to what Pam does best: Helping folks suck as much as possible out of the public trough. By any means, at any cost.

And Now for Nothing Really Different: Yellowing Observer Bemoans Loss of Fox Block Boondoggle

Dive! Dive!

The folks who write stuff for the Fullerton Observer are either really dumb, or really….

Aw, Hell I can stop right there.

Here’s a bit from page 5 of the recent edition of the bird cage liner noting the reconstruction of the McDonald’s outlet on Chapman and noting that the Council’s failure to blow six million bucks to move it a couple hundred feet has caused the Fox Block project to go belly up and implies that somehow this put the renovation of the Fox Theater in jeopardy.

Wrong! The council finally acted responsibly last summer when they pulled the plug on an emergent disaster of their own creation. And wrong about the “renovation” bullshit, too. Notice how the Observer casually insinuates the idea of “renovation” into the “Fox Block.” Apart from the theater there is nothing to renovate, of course. But the two things were never tied together – except to manipulate the under intelligent.

The whole monstrosity was tied to the Fox Theater restoration to tap into the emotional support for that and gin up support for another downtown monstrosity of corporate welfare. Of course the crew of the S.S. Observer is devoted to the idea that keeping Redevelopment bureaucrats and parasites employed is job one, and common sense be damned.

What? I can't hear you.

Added to the unintentional high-larity is the writer’s assertion that the developer “spent hours” designing a new Mickey D’s that matched the FHS architecture. Well, he may very well have spent a few hours. The product looked like it.

Instead of bewailing the loss of a sure-fire failure, the Observer should be asking what sort of accountability is going to be demanded of the idiots who cooked up the Fox Block mess in the first place – bureaucrats and electeds, alike.

Spitzer For Supervisor?

The laugh's on you!

The dynamics of OC politics may have changed when DA Tony Rackaukas fired his supposed successor, Todd Spitzer, last week.

The guy with a million bucks in the bank had the DA heir apparent rug pulled out from under him, and now may be contemplating something that a lot of people will very well fear. And loathe. Another coupla Spitzer terms as an Orange County Supervisor.

Yes, indeedy, Spitzer was the Third District Supe from1995 through 2002 and drove everybody bonkers. Well, he may figure that controlling the DA’s budget and jerking the DA around at every opportunity is much more fun than being DA.

Of course this would be a major bummer for the Lewis/Pringle/Campbell troika that is grooming Orange’s dishwater mayor, Carolyn Cavecche to replace Uncle Bill.

Which is which?

Spitzer for Supe in 2012? Stranger things have happened!