County Counsel Fires Shot Across Fair Board Bow; Will Ackerman Get Hit?

Nothing beats money and influence...
Heh, heh. Nothing beats money and influence...

We’ve been tracking the Sell the Fair (To Us) Movement recently and noted that Dick Ackerman had already admitted to being hired by an insider Board cabal whose intent was to get the State to sell the Fair – to themselves.

A couple days ago word leaked out that the County had gotten into the act, possibly to forestall the sale of the Fair, and to own it themselves.

Attached is a copy of letter sent by the County’s top lawyer, Nick Chrisos, to the local Attorney General representative. You’ll notice that Chrisos spends no time fingering the Board and it’s lobbyist, Dick Ackerman. Chrisos wants the AGs office to open an investigation. Why? Because by the time the Board got around to hiring Ackerman’s law firm on July 29th 2009, to help pull and persuade the RFP, they had already hired them to create their non-profit “Foundation,” with the intent of buying the fair themselves. Apart from the evident open meeting and conflicts of interest, Chrisos wants to know about what public expenditures were made by the Fair Board to hire lawyers to work for the benefit of their own foundation.

POST UPDATE: Click here to download the Chrisos letter.

Gee, this looks awfully official...
Gee, this looks awfully official...
Page 2 - the plot thickens...
Page 2 - the plot thickens...

As they say: hilarity ensued. We’ve been told that the AG tossed the issue into the lap of the OC District Attorney. Why? Because the State AG represents the Fair Board! DA Tony Rackaukas has been signally dilatory in going after criminals who don’t have gang tatoos so we will have to wait to see what, if anything happens.

In the meantime, here are the Fair Board minutes of the meeting in question:

Who's minding the store?
Who's minding the store?
Ah, there's more!
Ah, there's more!
Climax and Denoument?
Climax and Denoument?

Check out the language of the motion: go hire “consultants” (Ackerman) to carry out the intent of the Governor and Legislation. What noble public servants! Let’s not fight it. Let’s work with the State!

But let’s not forget the troublesome little problem that Dick Ackerman himself has admitted: being involved with developing the enabling language in the budget bill in the first place. Whose idea was that? And who paid him for that? Hmm.

It’s very difficult to conceive of a scenario in which Ackerman is not involved in this little cabal right up to his eyeballs. Did he lobby the legislature first, and then the Governor’s office regarding the specifics of the RFP? If he did he broke the law since he hadn’t been out of the Legislature for a full year as State law requires. Ah, those pesky laws! Enforceable? Again that’s up to the DA to determine. We are not encouraged.

On the Agenda: November 17th, 2009

The Fullerton City Council has just released their agenda for November 17, 2009.

Fullerton City Council AgendaLet’s start off with agenda item #8. At a glance it looks like a little book keeping business. Upon closer inspection it appears that the Feds gave the County a grant for the City to purchase 35 tasers. The proposed cost is shown as “None.” I guess training is free?? According to the Chief, each and every patrol officer should have one. I have never seen 35 patrol officers in Fullerton at one time. I think the most patrol officers I have ever seen at one time in Fullerton numbered 7. How about one in each car/bike/motorcycle and a few in the station. Do they need to take the tasers home? And back on the training… According to taser.com, training runs about $395 per person. That doesn’t sound too bad until we remember that we will be paying the patrol officer to sit in a classroom for 6 hours or more rather than patrol the City. Unless there is grant funding to cover the overtime for training, I think the Chief might be mistaken about the proposed costs being “None.” And what about the liability of injury or death which may be less than striking someone with a baton or shooting them with beanbags?

Item #9 is over 100 pages long! From my brief reading it appears to allow the City to take over residential properties to avert abandonment and blight. That sounds a lot like federally subsidized redevelopment without having to declare blight. It’s like a preemptive condemnation. Are we really feeding the machine? This is on the consent calendar as “routine” and is to be lumped together with the tasers and some traffic-related items. The most interesting part is that this agreement will lock us in with Costa Mesa , La Habra , and MHC NSP LLC. Who is MHC NSP LLC? The program cost is shown as $1,369,854. Chump change?

Council is supposed to discuss the appointment process for commissioner. See item #10.

Item #11 is a pay cut for certain personnel. It also pushes the current 2% @ 55 to 2% @ 60. Sounds like a good idea.

Item #12 is the shocker! The City Council is proposing a program whereby they “…may contribute back to the City a portion of their salary.” There is a little more to it than a pay cut. It seems to be voluntary. The Attorney General wrote an opinion on this and noted that State law requires that pay increases begin when an official takes office. The same appears to be true with decreases in pay. So, in an effort to give back a portion of their pay, ±7.5%, they need to pass this resolution. Ok, it gets my vote.

I hope you will take a minute to read the supporting documents which are linked from the posted agenda. If I missed anything, please let us know so we can discuss.

Keep your eyes open for the December 1st meeting. Tentatively scheduled are a few hot-button issues. They include everyone’s favorite, West Coyote Hills, the North Orange County Transportation Partnership MOU, and a public hearing on the landscape ordinance.

Business Ackerwoman and the MWD Board

I know all about water. We fly over a bunch of it on the way to Hawaii!
I know all about water. We fly over a bunch of it on the way to Hawaii!

We have thoroughly and comprehensively debunked the campaign blather about Linda Ackerman being some sort of businesswoman. She’s not, of course. That’s just a lie, and almost as bad as her claim to be living in Fullerton. The sum and substance of her business experience seems to be calling up lobbyists to raise moolah for her husband Dick’s campaigns.

She doesn’t mention that in her resume, of course, because that wouldn’t look too good. Intead she shares the fact that she is on the board of a collection agency. And her campaign propaganda never fails to mention that she sits on the board of the Metropolitan Water District, an appointment no doubt orchestrated by her husband.

But let us reflect upon the MWD, a giant government entity that acts like a public utility but that in reality is an association of governments. We have already shared how Loophole Linda voted for a massive water rate hike last spring (oh no, not a tax, heaven forfend!).  A recent editorial by the San Diego Union Tribune raises questions about the complete lack of leadership at the MWD – leadership the Ackerwoman is pitching as hard as she can. The SDUT notes that during the run -up to the now abandoned pension spike the MWD authorized a $100,000 contract with an operation called Marathon Communications to push the contract through; and a $300,000 contract with Agreement Dynamics to craft an agreement that would fly.

Think of it: $400,000 spent on consultants to create a deal and PR-ram it through. All at the expense of everybody at the end of the shower nozzle. And all wasted. Who agreed to all this? Good question. If the Board didn’t, then why didn’t they? If they did…

Did Ackerman Break State Lobbying Law?

Heh-heh. If it's not done in a backroom it's not a real deal!
Heh-heh. If it's not done in a backroom it's not a real deal!

Acting as an agent for a group of OC Fairboard members that wants to purchase the OC Fairgrounds, Dick Ackerman lobbied to pass legislation last summer that would enable the sale. At least that’s what is being asserted at the OC Progressive blog, here. Apart from the dubious gain to the citizens of the State and Orange County, there is another problem. State law prohibits former Legislators from lobbying in Sacto for a year after they leave office. And Ackerman had only been out of office for six months. Here’s the awkard bit:

87406.  (a) This section shall be known, and may be cited, as the Milton Marks Postgovernment Employment Restrictions Act of 1990.
(b) No Member of the Legislature, for a period of one year afterleaving office, shall, for compensation, act as agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before the Legislature, any committee or subcommittee thereof, any present Member of the Legislature, or any officer or employee thereof, if the appearance or communication is made for the purpose of influencing legislative action
.

Hmm. As a law and order Repuglican Dick ought to know better. But maybe this is another one of those pesky rules that the ‘Pugs just like to call “unenforceable” or anti-free speech, or some other nonsense. It’s also worth noting that Ackerman’s clients on the Fair board are now accused of violating open meeting laws in order to orchestrate the insider scam.

Over at the OJ blog the irrepressible Vern Nelson is publicizing a protest meeting in Costa Mesa, and actually gives props to Mike Duvall for opposing the sale. Odd, if true, because you can bet Dick lobbied his political godson hard. Coincidentally, Duvall is now gone, and Ackerman’s wife, Ackerwoman, is running to replace him on a strong ethics platform.

Well, that platform just got another couple of its legs kicked out from under it. And remember, Dick “speaks for his wife.”

More Phony Hand Wringing From the Skipper of the Yellowing Submarine

Ahoy there, reality - unable to surface...
Ahoy there, reality - unable to surface...

A new month, the same old weeping by the Fullerton Observer about how the good ol’ boys are keeping poor Pam Keller from her entitlement to be mayor when the next term starts. It’s not fair! Not fair!

(Ed. – Never a word about Keller’s dismal votes on massive projects or her unique working relationship with FSD/Fullerton Collaborative, but that’s another story.)

We’ve said it before and we’ll say it again: the person who is entitled to be mayor is the council person who can get two other people on the council to vote for him. Pretty simple. Nothing else really matters.

The author of this indignant drivel lays out a conspiracy tale of events behind the scenes to keep a Democrat out of the presiding chair; and as usual the plot centers around Shawn Nelson, without whom the Observer would have a lot less to natter on about. Ironically the tangled web includes Observer favorite Don Bankhead and by necessity another Observer endorsement recipient – Dick Jones! Observer chickens coming home to roost? God, let’s hope so!

Politics might be going on. The horror! Of course despite the Observer trying to emphasize the ceremonial (i.e. non-political) aspects of the mayorship, the fact is it is a very coveted title when re-election time rolls around – as it does for Pam Keller, next year. Aha! Politics!

So is a scheme being worked out to elect somebody else mayor for 2010? Possibly. Quite likely, although since none of the supposed principles would be likely to talk to Sharon Kennedy about it, it seems much more likely to be a pure guess on her part. Our congressman Ed Royce loves to meddle in these affairs; to him it seems easier than simply turning on the light and opening the closet door to discover that there really is no monster in there. Just some mops and brooms.

And speaking of politics, maybe The Observer should quit endorsing Ed Royce puppets like the chowderhead Jones and focus on somebody who could actually be counted on to support Keller for mayor. Oh no! More politics.

On the Agenda: November 3rd, 2009

This might become a regular feature: an FFFF reader just sent in a quick summary of interesting items up for discussion/vote at tonight’s Fullerton City Council meeting.

If there is anything else that needs to be brought up before tonight’s meeting, this is place to discuss it.

——————–

Fullerton City Council AgendaNothing too exciting for the open session.

FFFF and Tony make the #2 Closed Session Agenda for tomorrow night’s meeting. Oh, to be a fly on that wall!

Heads up on Item #15 of the Open Session Agenda. Is management taking a pay cut? Great idea, take one for the team!

Item #16 looks like a ban on cell phone use. This matter concerns the use of cell phones and other electronic communication devices by Council Members and staff during Council meetings. One can only wonder what would be so important that it needed immediate attention by staff and council. Maybe it’s to deter all out secret bidding/bribing? Who knows! Sounds like a good idea to me.

Aside from the MILLIONS of dollars being allocated and reallocated into various projects, it looks like a quiet night…

Respectfully Submitted,
Christian

Not Quite Gone and Hardly Forgotten: Steve Greenhut Goes After Ackerman, Inc.

Our old amigo Steve Greenhut has taken a job up north in Sacramento to untangle some of the worst of California’s governmental pathologies, but he still writes an occasional piece for the OC Register. It obviously has not been lost on Steve that the current battle for the 72nd Assembly District is a pretty good symbol of an attempt by the entrenched GOP old guard to hold on to their influence and money apparatus – and that ties directly to the mess in Sacramento.

Over the week-end Greenhut dropped a devastating editorial scud on the Ackerman, Inc. machine that was both informative and entertaining. Read Steve’s piece here.

It first appeared as a small shadow from overhead...
It first appeared as a small shadow from overhead...

The OC Repugs don’t like the antiseptic light of day shining on their doings, so one can only imagine the consternation Greenhut’s editorial has caused. And they also don’t like their ideology questioned by anybody. Ideology is their purview, see, by which they whip up the stupider ranks of the rank and file and get them mobilized. But that’s mostly window dressing. When in office the ‘Pugs like to settle in and start milking their cash cow for all it’s worth.

It's so beautiful it just brings a tear to Dick's eye...
It's so beautiful it just brings a tear to Dick's eye...

Chris Meyer; Local Hero? Hardly.

If you don't watch out, I'll take the credit...
If you don't watch out, I may take your wallet, too!

In case any of you Friends happened to come across this 10/12/09 blog post in The Register, by Teri Sforza, you might have come away with the idea that Fullerton City Manager Chris Meyer was the white knight who came to Fullerton taxpayer’s rescue last year when the unions proposed to increase their retirement formula.

The usually healthy skepticism of  Ms. Sforza seems to have been suspended in her conversations with Chris Meyer. He fooled her into thinking that he was the fiscally responsible official who put a stop to the craziness.

Wrong! That person was Councilman Shawn Nelson – who the blew the whistle on Meyer & Co., who had been trying for months to push the deal through quietly, behind closed doors. The poor public suckers who are ultimately on the hook weren’t supposed to know what was going on, so the agenda items were not described. It was only after Nelson went public with the news that a pension spike was on the way, and Steve Greenhut of the Register brought wider scrutiny to the secret plan, that it was ultimately dropped. The fact that the market had really tanked by then helped.

For Meyer to try to grab the credit a year later is pretty low. Especially when he was one of the prime architects of the plan. He must think we have real short memories. Here’s your real hero:

shawn-nelson
Shawn Nelson

Ultimately the credit goes to Nelson for the fortunate turn of events. For Meyer to take credit for any of this is just laughable.

“Loophole” Linda Ackerman Dives Headfirst Into Political “Slush Funds”

GO ahead! Jump in!
Go ahead! Jump in!

Yesterday Rogue Elephant posted this over at the Orange Juice blog. The gist of the post is that a loophole in state campaign finance laws permits politicos like Repuglicans Jim Brulte and Dick Ackerman to cook up “putative” campaign committees for future office in order to transfer existing campaign balances, raise tons of money from lobbyists for these supposed campaigns, and then distribute the proceeds to exert influence in other elections across the State.

Rogue Elephant notes that Loophole Linda’s 72nd Assembly power grab has received $3900 from Brulte’s 2014(!) Board of Equalization Committee. What he doesn’t mention is that she also received the same amount (the limit) from her husband Dick’s similar committee, also for the BoE. Ackerman set up his “2010” BoE committee in as far back as 2006 according an article in the Oakland Tribune that describes the practice.

You should see me in my swim trunks...
You should see me in my swim trunks...

Why the BoE? Because these useless barnacles have been scraped off the legislature – termed out, but haven’t finished working the system, not by a long shot. They need a plausible office to “run” for, even if they have no intention of actually running. In the meantime Brulte actually works as a lobbyist for an outfit called California Strategies –  a collection of former electeds and appointeds working their contacts.So when he gives Mrs. Ackerman money, he can kill two birds with one stone!

Rogue Elephant sums up his take on this pungent mess:

While Linda Ackerman’s campaign funding smells of Sacramento’s bipartisan Culture of Corruption, it also reeks of a Culture of Creepiness.  Voters and taxpayers should find it creepy to see former politicians and lobbyists using political slush funds to pull the strings of candidates like Linda Ackerman.

Sacramento Swim Meet
Sacramento Swim Meet - the Crawl

MWD Abandons Pension Spike; Jim Blake Off The Hook

aqueduct

Yesterday the MWD General Manager abandoned the proposed pension jump for employees that would have raised their retirement formula. Here’s the story. He conceded that the votes weren’t there. Which means, of course, that a vote was held, only not in public. Somehow that seems like it should be illegal – Brown Act-wise, but of course government bureaucracies are legally incapable of committing any sort of crime.

We’re disappointed because a public vote would have put our MWD Board Appointee-for-life, Jim Blake on the spot.

The time was not ripe...
There to make the tough decisions, right?

All of his public employee lovin’ instincts would have pointed Blake in the direction of approval; under normal circumstances his pension-spiking Council overlords (and ladies) Bankhead, Quirk-Silva, Keller, and Jones would no doubt have backed him up. Who cares if water rates go up, right?

But these are not normal times, what with militant Republicans agitating for tax revolt and special elections putting the spotlight on people like MWD Boardmember Linda Ackerman – who also gets to dodge the responsibility of the vote. Very convenient! 

Back in August it looked like a real good idea...
Back in August it looked like a real good idea...

And the union members will never have the opportunity to know how their buddies would have voted.

With the light of public scrutiny shining on the usually opaque doings of the MWD, the whole thing has collapsed like a house of cards.

Better luck next time...
Better luck next time...