Category Archives: Chronic Failure

Former Deputy DA & CHP Opinion Slaps Fullerton

Joshua by Spencer

Trying to look passed all of the bullshit the city has thrown at me

A quick catch up for those of you who might not know. The City of Fullerton is suing this blog, myself and David Curlee. We’re being sued for allegedly clicking on links on the internet and for this blog then allegedly publishing things from those links.

Things such as police misconduct, employee theft, city malfeasance and police cover-ups and so on and so forth.

The city’s argument is, essentially, that we didn’t have permission to click links.

In discussing this issue lately I was reminded about a case from here in California from back when Arnold Schwarzenegger was Governor. What happened was somebody accidentally put an audio file online on the governor’s website that wasn’t supposed to be there and somebody from the Phil Angelides for Governor campaign found it and sent it to the press.

It was known at the time as “TapeGate“.

Immediately the California Highway Patrol (the CHP had authority) sprung into action to see if anybody had violated the CA Penal Code – the same section (502) that we’re accused of having violated.

A 38-page report was submitted and that was the end of the story.

Until now. To see if there were any parallels I put in a California Public Records Act request and got the 38-page report from 2007 and it’s findings are quite illuminating in context. Continue reading

And So It Begins…

We all knew that we were going to be bombarded with political mail in support of the City Council’s proposed 17% sales tax hike on this November’s ballot. And we all knew that the City Council hired a PR outfit to blow our money to educate us about the beauty of the thing – to the tune of $130,000. Of course none of this is legal, but this is Fullerton where everything is legal that the deplorable City Attorney “Dick” Jones says is legal.

Some of the Friends have already received pro-tax propaganda from our masters in City Hall and here is a sample:

Like it? You paid for it.

Tap dancing around the edge of the truth…

As usual, government tries to con us into bailing it out after it has failed so spectacularly the past decade to maintain reserves, balance budgets and pushing back against never-ending salary and pension demands from the public employee unionistas. Care about the homeless? Vote for our tax; Want potholes fixed? Tax! Youth programs? Who doesn’t love ’em – vote for our tax. Seniors? Ditto. Emergency services? They’re really getting hungry. A usual, the propaganda is larded up with misleading information and scare tactics and, gosh, we should be scared.

You will not be asked to reflect upon the reality that this same operation has dismally failed to fix roads in the past; that this bureaucracy has no intention of starting now. A Culture of Corruption in the Fullerton Police Department? Oh, we fixed that years ago – no, don’t look at that body over there, we have no idea how it got there. You’ll have to sue us to find out!

This crew has burned through tens of millions in reserve funds while its spokeholes on the council Jennifer Fitzgerald and Jan Flory lied about balancing the budget.

Ken Domer

Domer. There’s a lot less there than meets the eye.

Good luck, passing this obscentiy, boys n’ girls. The public is hurting badly at the moment and your first recourse was to try to harness us oxen with the yoke of a new and regressive tax. Well, guess what? The yokes on you, City Hall, and you’d better have a Plan B stuffed into one of Domer’s desk drawers if you know what’s good for you.

Ballot Argument Against The New Sales Tax

Leaving Fullerton City hall a lot worse off than she found it…

Pulled from the City of Fullerton’s website, here is the official ballot statement of opposition to the new sales tax proposed by our Mayor-for-hire. Jennifer Fitzgerald. If you think about it the tax proposal is a monumental indictment of the tenure of Fitzgerald and her yes vote, Jan Flory, on the city council. Employee pay raise after pay raise, unbalanced budget after unbalanced budget.

VOTE NO!
Ask yourself: Does the City of Fullerton need even more money from me? If this tax
passes, every time you make a purchase, you will pay 9% sales tax in Fullerton, the
second highest sales tax in Orange County.
The ballot measure title is deceitful. This massive tax increase is not dedicated to fix
Fullerton streets, which are rated the worst in Orange County by OCTA. Rather, the
money would go into the General Fund and could be used for anything.
This 1.25% sales tax increase would be permanent. It is general, not specific, meaning
the City Council could spend this money on salaries and pension benefits for City
Administrators and other City employees.
Over the past decade, Fullerton’s failed leadership spent nearly all revenue increases on
salaries and pension benefits:
Since 2011, sales tax revenue grew by 51%, property tax revenues increased 52%.
Between 2015-16, Council majority approved $19.5 million in pay increases.
Since 2011, the Council raised its two largest department budgets 41% and 55%.
In 2019 alone, according to Transparent California: 146 City of Fullerton employees
received over $200,000 in total compensation, while 51 employees received over
249,000 in total compensation. Fullerton pension recipients collected over $43 million.
The City has already increased water rates by a whopping 29% since June 2019, and is
scheduled to increase rates again by another 11% next July 1st.
The facts are: the City had plenty of money to repair our roads many years ago had it
adopted sensible reforms and reasonable, balanced budgets. Fullerton should already
have smooth streets and water pipes that do not routinely burst.
Vote NO on higher sales taxes!

If You Weren’t So Dumb You’d Know The Right Thing To Do

Accountability? It was never on the agenda.

And so education is the key. To that end our esteemed City Council voted 4-1 last week to pay some sort of “consultant” $129,000 between now and the November election to educate us all about why we need to vote for a new 16% increase in city sales taxes.

That’s right. A few minutes earlier, in the wee small hours, the council voted 4-1 to put a sales tax increase on the ballot. Then they added their little Maraschino cherry right on the top.

The government is not allowed to promote a ballot issue. Of course this prohibition never stopped agencies and school districts in the past. In fact they do it all the time. Wasting $129,000 gives them cover, they believe to promote their shake down. Well, we already know the “educational” pitch:

Lookit all the goodies we will get! Of course we should be getting all this stuff anyhow, if our city government were capable and honest instead of feeble, self-defensive, and in too many instance just corrupt. For years as our reserves were eroded every year Jennifer Fitzgerald and Jan Flory and their feel-good choir insisted that the budgets were balanced, projects were well-run, and infrastructure was prioritized. We all knew those were lies and now that we are scraping the bottom of the proverbial barrel it’s obvious to even the most oblivious observer.

For years Fitzgerald and company kept pouring money into the “public safety” sack, a move that endeared them to their union supporters but that jacked up payroll and pension costs while delivering zero increase in public safety. Our famous police department continued to nurture illegal behavior in its ranks and the City did its utmost to cover it all up.

Well these worthies have a tough row to hoe given the mood of the public and the ongoing Covid 19 pandemic. They’d better have a back-up plan because there’s little chance the electorate is going to want to protect the business-as-usual gang in City Hall. The completely hollow and cynical promise of oversight and audits isn’t going to persuade anybody.

 

Zahra and Silva Think A Pot Shop Next to Your House Is Okay

Last night’s City Council hearing on moving ahead with a marijuana ordinance produced the usual incoherent blather from our distinguished electeds, none of whom seemed to know what they were talking about, and two, in particular, who seemed to have been coached by representatives of the legal pot lobby. Of course we learned that the previous outreach didn’t reach anybody not looking to make a buck in the weed biz.

Somehow in its latest incarnation, staff’s proposed framework for allowing these uses, particularly dispensaries. reduced the “buffer zone” at schools and parks from 1000 feet to only 600, and eliminated the buffer for residential zones altogether. Why? Pretty obviously to increase the opportunities for locating dispensaries.

Councilmembers Zahra and Silva, who gave every appearance of repeating “consultant” talking points expressed concern that workers in these places be unionized and that to proceeds go to kiddie social programs, but they were more interested in increasing parcels available for development than they were about the impacts on residential neighbors. The bumbling Silva in particular made a big deal about having most permissible zoning in order that the burden of hosting these facilities would be shared by rich folks up in the hills, an idiotic pretext since a majority of the council spent a good deal of time extolling the virtues and minimal impacts of licensed shops.

Councilmembers Whitaker, Flory and Fitzgerald indicated their desire for a 1000 foot buffer, and the inclusion of residential use as a “sensitive receptor” requiring a buffer. So good for them. However, Fitzgerald and Whitaker both voted against going forward with more “outreach” and a future ordinance anyhow, meaning that either Zahra, Silva or Flory somebody is going to have to change their support for a residental buffer, ultimately, in a final ordinance. I leave it to the Friends to guess who that might be. On the other hand it’s hard to see how this can make it back to the Council before the election and both Flory and Fitzgerald will be gone, meaning that we may get lucky in Districts 1 and 2 and get a level-headed council majority who can make a decision that isn’t bogged down by fake concern, verbal gas, and union stoogery.

 

Boarded Up City Hall

Fullerton’s New Art Exhibit?

Board Up City Hall 2

Fullerton’s Newest Art Installation

Now that the Fullerton City Council has shuttered the museum for the rest of 2020 in order to pay the cops more… in the middle of a national discussion on police mind you… what are we to do for art & culture in Fullerton?

Is this why they boarded up City Hall this weekend? Are these simply new canvases to spread the messages to “Outsource the FPD” or to fight back against higher taxes with slogans like “One Cent = One Term”?

What clever art do you think the City is hoping will adorn these newly installed canvasses?

Boarded Up City Hall

It’s so nice to have this much room to work

Keep Protesting All the Way to November

Photo Courtesy of Voice of OC

There was a protest today in Fullerton, like many cities around the country, sparked by the George Floyd murder in Minneapolis. People are justifiably angry about the actions of the officers involved who killed Mr. Floyd.

This blog has long stood against police misconduct and abuses of authority from the Pre-Kelly Thomas days to my ongoing lawsuit trying to expose the ongoing Culture of Corruption within the City of Fullerton.

We’re allies on the issues of abuses of authority and unaccountable police.

That said I implore you to focus your anger.

Police abuse people not for such a simple issue as wrongthink. Manual Ramos threatening Kelly Thomas with his balled up fists wasn’t a Black vs. White issue. When 50% of the Officers fired for the murder of George Floyd are POCs it breaks the lazy narrative.

Police do terrible things because we as a society let them. We tell them it’s okay. We condone and support their actions. We give them endless benefits in their checks and qualified immunity in the courts.

We do it every election at the ballot box.

In 2016 Jennifer Fitzgerald, our current Mayor, won election with more votes than any candidate has ever received in the city of Fullerton. She won with these numbers despite being the biggest bootlicker on council since the 3 council members we recalled.

During her tenure, this woman has caused our budget to be absolutely CONSUMED by police pay and benefits. Public safety currently accounts for more than $7 out of every $10 we spend in our general fund. This is ridiculous but it has no end in sight and we’re getting less and less for it.

Our city cannot afford to fix our roads because she and those like her have never seen a police pension or pay raise she didn’t adamantly support.

Meanwhile she has fought, tooth and nail, against any meaningful reform of the Fullerton Police Department from her seat on council. She glad hands police and supports their militarization at every opportunity. She has supported asset seizures which is when the city steals your property to pad their budgets. She has gone so far as to support hiding records from the public by not demanding the City follow basic public records laws. Hell, this blog got sued for showing that FPD is RIGHT NOW doing everything they can to AVOID publicly disclosing wrongdoing by their officers.

This blog exposed a pervert cop who was caught filming up a 16 year old’s skirt while assigned to Fullerton High School and her solution was to vote, multiple times, to SUE US. Oversight? Accountability? Assurances that there is chain of custody and accountability? That FPD won’t turn more of our kids into victims of sex crimes? She’s been as quiet as a church mouse on those issues because she puts bad cops over our kids & our city as a whole.

Did she demand accountability after the Fullerton PD put their friend & then City Manager Joe Felz above the drunk driving laws? Nope. She cried that she’d miss her friend.

Did you know that Fullerton purchased 160 AR-15s? That’s more than one PER officer. Why? Why does FPD need that kind of firepower? It certainly isn’t to protect you. And if it’s not to protect you, it’s to protect the very police that our elected officials refuse to hold accountable from you.

Fitzgerald eagerly supported this purchase and militarization without hesitation. As did Jesus Silva & County Supervisor Doug Chaffee.

They do the bidding of the Fullerton Police Officer’s Association and the FPOA cares about one thing and one thing only – keeping cops with fat wallets above the law at your expense. Remember that the less accountable they are, the more you pay when they screw up. Those millions that Fullerton paid Ron Thomas certainly didn’t come out of any police pensions or FPOA bake sale.

In the near decade since Kelly Thomas was murdered we have seen no meaningful reform of the Fullerton Police Department. No transparency. No real oversight. Jennifer Fitzgerald has now been Mayor twice in that time. She was put onto council in the election months after the recall resulting from the Kelly Thomas murder – she even ran on exploring changes to the police department and it was all bullshit to placate you. She allegedly refused to even watch the Kelly Thomas video unless her buddy, Chief Danny Hughes, was there to guide her opinion. Imagine somebody saying that about the George Floyd video – that they wouldn’t watch it without the Commander in charge to guide them through it? That’s our Mayor.

If you care about police accountability. If you care about justice. If you care about any of the things the protesters claim to care about in this moment of national outrage – make your voice heard at the ballot box AND the in the streets.

Don’t forget. Don’t get complacent. Vote against anybody who puts the FPOA above we the people. Kick the Jennifer Fitzgeralds with their constant bootlicking to the curb. Be a part of the change that stops the platitudes.

Joshua by Spencer

The Cost of Suing Us

Yes, that is the answer!

Fullerton just “separated from employment” 150+ non-union part-time staff. Why? Because despite years of Mayor Jennifer Fitzgerald’s lies about a “Balanced Budget” and our mythical reserve fund – we had no plan for a rainy day.

During meetings, myself, David and others warned the City Council that a downturn was likely in the future and with CalPERS continually raising our pension costs we needed to be smarter financially.

Fitzy & Flory wanted none of that and spent like floozies in Vegas throwing every dollar we had at every uniform in sight with Silva, Chaffee and so on along for the ride.

Now here are we looking at a month of limited tax revenue and 150+ people lost their jobs with the city. 150+ positions aren’t being eliminated – no no no, they’ll tax us more to fill those again later and cry about not being to staff the libraries and parks to justify the new taxes/fees and whatever added costs to us they can cook up along the way. But 150+ people are now wondering how they’ll pay their bills.

But let me drive this home for you some more – the city is suing myself, David and this blog because we allegedly clicked some Dropbox links in an account they sent us and told the world about in PRRs. Remember, according to Kimberly Hall Barlow this isn’t about publishing or the 1st Amendment – this is about alleged theft and “hacking” because we allegedly clicked some Dropbox links.

In the process of investigating that alleged crime, the city found out that their network (which has fuckall to do with Dropbox) was incompetently setup and they hired an outside firm to fix it. This was the reason they claimed they waited to sue us for months on end – that they had to secure their network – which again has fuckall to do with Dropbox.

Glass Box Discussion

The firm they hired, Glass Box Technology, has a contract with the city for $60k/month not to exceed $500k.

Glass Box Contract

So far, according to the City Council approved Check Register, they’ve paid Glass Box $541,451.25 to date which is $41,451.25 over their “not to exceed” limit.

Glass Box Checks

That’s over half of a million dollars SO FAR because the City found out that they suck at running their own network as a BYPRODUCT of suing us which has nothing to do with what they allege we did. This was an unnecessary expense that has to come out of next year’s General Fund because it’s yet another major cockup for which nobody will be held accountable.

How many of those 150+ people wouldn’t need to be unemployed right now were it not for sheer incompetence in City Hall? Seems that $500k+ would have covered quite a few part timers.

Then we have the expense of our idiotic City Attorneys, Jones & Mayer. Since this nonsense started back in June with their Cease & Desist letters, the city has paid Jones & Mayer $891,074.49. We have no way to know how to split that up or what to attribute to the lawsuit against us because City Hall has a long history of lying about funding and hiding expenses in the wrong accounts. Just because something is coded to the Library, might not mean it has anything to do with the Library.

J&M Checks 2020

But if we assume that just 5% of their work product can be attributed to the lawsuit against us, and considering the reams of paper they keep filing with the courts we know their billable hours are stacking mile high, we can attribute approximately $44,553 to this stupid lawsuit. Seems to me that’s a few more part timers who could still be employed were it not for the malicious lawsuit being pursued by Fitzgerald, Flory, Silva and Zahra.

We don’t know how much the city has paid their other experts or consultants in their pursuit of the evil “hackers” who allegedly clicked Dropbox links – some with my name on them – but so far we know it’s pushing $500k+.

Where there’s smoke…

Remember this come election time & demand answers from these idiots on council who would rather spend your money, and it is your money, attacking us over their own stupidity than spend it providing the very services they’re elected to oversee in our city.

Shame on Fullerton. Shame on Mayor Fitzgerald. Shame on the City Council for always squandering your money pursuing their egos instead of your best interests. Sure, they’ll blame the need to “separate from employment” those 150+ people on this “global pandemic” – but that’s only because they constantly spend all of your money elsewhere while lying to you about our “balanced budget”.

Complaint Filed With DA Over More Pro Measure K Shenanigans

Always game day in Fullerton…

Anti Measure K activist Tony Bushala has lodged a formal request to OC District Attorney Todd Spitzer to investigate whether Fullerton Joint Union High School personnel illegally campaigned for the March 3rd bond effort.

Okay, do something…we dare ya.

According to State law, it is impermissible to expend public resources on behalf of an election. It’s a crime. Public agencies do it all the time, of course, and generally do it with impunity. Sometimes it’s subtle, sometimes it’s flagrant. Yet rarely does anybody challenge the behavior. But Mr. Bushala has. Below is a facsimile of an e-mail he sent to Spitzer today.

FFFF has already noted the school district personnel intimately involved in the K scam, and the idea that no district resources were used in the campaign is laughable. The District has already been caught using graduation tickets to bribe kids into “volunteering” for the campaign. Likewise school fences were used for pro-K banners. It’s easily conceivable that the people listed in the campaign reports used District communication networks and even physical space to try to foist K on the taxpayers.

Well, good luck Tony in your endeavor. You’ve already helped save home owners hundreds of million on the K and J grabs.

Joshua by Spencer

Appeals Court Slaps Fullerton… Again

Joshua by Spencer

Trying to look passed all of the bullshit the city has thrown at us

Twice now the City of Fullerton has managed to baffle a judge with bullshit and get the judge to issue a prior restraint against myself, David and this blog stopping us from publishing “secret city hall documents”.

Twice now the city has boasted of their win only to be slapped down by the CA Appellate Court.

First they spiked the football during a 05 November 2019 City Council meeting where hack & pretend-an-intellect Ahmad Zahra threw softballs at City Attorney Kimberly Barlow to support their lies & defamation. This was the meeting where they tacitly admitted to violating disclosure laws (The Brown Act) by not properly voting & disclosing said vote to sue us prior.

A week later the Appellate Court sided with us on the publishing gag & slapped it down.

The second time a judge granted a prior restraint the city ran to the North Orange County Chamber of Commerce who pretended to care about the newsworthiness of the case & they issued a Press Release. Said PR was basically just a hit-piece against us with a laughable lie by City Manager Ken Domer who hasn’t once tried to settle this case despite his bullshit postering about wanting to work with us to “bring it to a close”.

That time it took the Appellate Court 10 days to slap the publishing gag down. Not only did they stay the prior restraint – they took over the case entirely by accepting our appeal.

Now we’ll wait to see what happens next as the Appellate Court hears both sides & makes a ruling. Will they side with Fullerton who claims we “plundered” their public, widely available, known about & non-password protected Dropbox Account by virtue of allegedly clicking links that even literally had my name on them? Or will the Appellate Court laugh at Fullerton for trying to bury us with litigation, fees and threats all to cover the incompetence they’ve admitted to in their own arguments?

Time will tell and we’ll keep you updated.