Some poor dopes think that history repeats itself, and yet there are times when it’s hard to argue the point, as when the City Deciders of Fullerton wade out into the same quicksand again and again and again.
I’m referring to the tedious habit of entering into lame exclusive agreements for stupid projects involving public property – which are then renewed and extended year after dismal year. We’ve seen this sorry practice with the massively moronic massive Amerige Court/Commons/Whatever mess; and again with the Transportation Center Master development fiasco, both of which were kept on life support for years and years by a city staff and city council who just couldn’t admit a bad idea had somehow festered forth from City Hall.
Enhanced with genuine brick veneer!
The latest in the string is the unsolicited proposal for a “boutique” hotel in the train station parking lot, an idea so stupid that only our city council could embrace it. FFFF has posted about it twice.
The train of thought was weak but it sure was short…
First we noted that some sort of pressure or promise was made to Weakest Link Jesus Quirk Silva to get him to change his vote and approve an exclusive negotiating agreement with some guy calling himself Park West Contractors and Westpark Investors. That was a year ago.
Davis, meet Bacon…
And then a few weeks ago FFFF shared the story of local union goons popping up at some dog and pony show to promote the project.
I know who I work for, and it isn’t you!
Anyway, the year term of exclusivity given to Mr. Parkwest Westpark has come and gone and so naturally the City has decided to give him another year, rather than to actually put the property on the market for alternative ideas. The November 19 vote was 4-1 with Bruce Whitaker opposing. We also learned that Ms. Jan Flory, true to form, strongly backs this concept, which is pretty ironic, given her past support of time extensions to the “developer” given the exclusive right to negotiate on the Transportation Center cock-up, a plan whose key component is the site of the proposed boutique hotel.
Yes, Friends, FFFF still has some catching up to do, what with being sued by the legal beagles at the crack I Can’t believe It’s a Law Firm of Jones & Mayer. Enduring legal attacks from the the people whom you are paying to represent you is pretty annoying. Sort of like a boil on the butt – aggravating but not life threatening.
It Wasn’t Here a Minute Ago
So now I belatedly draw your attention to the ongoing saga of the Fullerton College Stadium From Nowhere, a sad tale that has been going on, seemingly forever. FFFF first wrote about it, here, over ten years ago. We’ve been opining on this brainless proposal ever since.
Back then we noticed that the proposed football stadium emerged out of nothing – never mentioned in the environmental impact documents connected to the bond expansion projects, a blatant oversight that would have slipped through if nobody had been watching. Then, as now, the clueless Trustees of the North Orange County Community College district are looking for ways to use up the bond money they have chiseled out of us in two massive bond floatations.
Nothing intelligent was forthcoming…
In the latest news, the trustees have finally been forced to actually approve, in public, this project. It first passed in October by a slender 4-3 majority that included the support from Fullerton’s Molly McClanahan, who has never said no to a bureaucratic scheme, no matter how hare-brained. For McClanahan the answer to outraged neighbors was to halve the size of the stadium capacity, splitting Solomon’s baby right down the middle. Good idea right? No, Molly, dear, because if you took the time to really understand the situation you would know that the campus doesn’t need a football stadium at all, no matter how many stooges are lined up in front of you in a big hurry to waste tens of millions of dollars.
Fullerton already has two plausible venues for Fullerton JC football, the stadium at CSUF paid for by the City, and the stadium at Fullerton High School right across the damn street. Of course there is no need to play games in Yorba Linda, and no need to build thousands of seats for people who will never show up for an FJC sporting event of any kind. But let us not stand in the way of progress with common sense or facts. Rather, let’s get on the Hornet bandwagon and follow the lead of our eminently able educrats.
Fullerton, like most departments, has a problem reminiscent of Serpico and this problem is years in the making. This problem is part of the story of the sordid “Culture of Corruption” that was documented after the Kelly Thomas beating. This veritable Serpico problem is a cancer within the system where once in uniform even good people turn a blind eye to corruption and stand idle as their unions and water carriers work to stomp on both people working towards and laws aimed at transparency.
For those unfamiliar with Frank Serpico he was an officer in the NYPD who stood up against widespread corruption and suffered for this crime against the Blue Wall of Silence. When he was shot in the face in the line of duty his fellow officers went so far as refusing to call for help.
This reverse Serpico problem is the common issue of Officers refusing to speak out, refusing to stand up and refusing to be good ethical humans for fear of reprisals from their brothers and sisters in blue.
Today I want to tell a story that should have been told some time ago – the tale of how ethics can get you fired at Fullerton PD.
I’d like to tell you about one Corporal Paul Irish.
You see, Corporal Irish was fired for dishonesty. A year or so ago I spoke to Paul and I was given copies of the files related to his termination. Honestly I didn’t know what to do with what he gave me and I sort of let it sit waiting for the time to really dig into it. Life, kids, you know the drill. That box sat in my garage patiently waiting for me to have time. Skip ahead and, well, the city cost me my job recently and I find myself with more time on my hands. So I got to reading.
To sum up hundreds of pages of paperwork — what Corporal Irish DID was, allegedly, tell his supervisors he was giving a talk on seat belt safety when he actually gave a talk on ethics. When they hammered him for his dishonesty on what his talk was about they ran a full investigation into the issue which ultimately led to his termination for more alleged dishonesty.
The transcript of the talk is [HERE] and the actual audio as recorded by Corporal Irish is here;
According to the information I have seen, these are the charges for which Corporal Irish was fired:
PSB #2014-72IA Investigation
Corporal Paul Irish
Potential Policy Violations:
340.3.5 (g) – within policy
340.3.5 (h)
340.3.5 (i)
340.3.5 (l)
340.3.5 (n)
340.3.5 (z)
Recommendation to Staff: Not within policy – Termination Approved
That’s a bunch of jargon so I’ll allow the Fullerton Police Department’s Policy Manual chapter on Conduct explain all that legal speak:
(h)Knowingly making false, misleading or malicious statements that are reasonably calculated to harm or destroy the reputation, authority or official standing of the Department or members thereof.
(i)The falsification of any work-related records, the making of misleading entries or statements with the intent to deceive, or the willful and unauthorized destruction and/or mutilation of any department record, book, paper or document.
(l)Any knowing or negligent violation of the provisions of the department manual, operating procedures or other written directive of an authorized supervisor. Employees shall familiarize themselves with and be responsible for compliance with each of the above and the Department shall make each available to the employees.
(n)Criminal, dishonest, infamous or disgraceful conduct adversely affecting the employee/employer relationship, whether on or off duty.
(z)Any other on-duty or off-duty conduct which any employee knows or reasonably should know is unbecoming a member of the Department or which is contrary to good order, efficiency or morale, or which tends to reflect unfavorably upon the Department or its members.
Remember, this all stems from Corporal Irish giving a talk on ethics that his supervisors didn’t approve of him giving and being mad at being “lied to” about said briefing.
This should be put into some context with current events in order to explain the aforementioned Serpico problem. When some cops are fired for seemingly trivial issues while others are given a pass for egregious conduct it sets bad examples. It tells Officers who to follow, which lies are okay and where things stand in regards to the Blue Wall of Silence. This is how a cancer grows in a department. A blind and subservient government is how it remains untreated and metastasizes.
This year, thanks to this blog, we learned that Fullerton PD and Fullerton City Hall worked to enter into an agreement in order to shield Lieutenant Kathryn Hamel from the disclosure of her crimes. The city was willing to stop investigations in order to protect her, the wife of Irvine Police Chief Mike Hamel, from any sustained findings of dishonesty which would have made her crimes public records under the CA law known as SB1421.
Currently there is an also an officer, Jeff Corbett, being charged with a felony for falsifying his reports as related to the drinking and driving of former Fullerton City Manager Joe Felz in November 2016. That Sergeant was only terminated after a friend of this blog filed a citizen complaint which triggered an investigation which led to a sustained finding of dishonesty. Only AFTER that investigation was concluded in September of 2017 did FPD open their own investigation and terminate Corbett.
These are current issues at the Fullerton Police Department as ignored by our current City Council, City Hall and police brass.
The hearings over Irish’s termination went through 2016 and well into 2017 while Sergeant Corbett was being given a pass for clearly violating department policy during the Felz incident. This is at best an inconsistent application of policy and a strong indicator of favoritism in the department – ergo, cancer.
If you think I’m being hyperbolic about comparing Paul Irish to Frank Serpico in premise, in the notion that the Department will crush one of their own to cover their corruption or incompetence – remember that I’m being sued, along with David Curlee and this blog, for allegedly clicking links and posting stories that showed police misconduct. Stories that showed the Kathryn Hamel deal. A story about a pervert cop at Fullerton High School that FPD and City Hall wanted kept secret. The city has never disputed those stories, or others – they’ve just demanded we remove the truth from this site while defaming us as thieves and hackers.
Your tax dollars are being used to punish us not because we allegedly clicked links and thus broke a federal law in the process. We’re being sued because we, yet again, embarrassed Fullerton PD by pointing out corruption and malfeasance and my records requests, if fulfilled as required by law, would embarrass them further. They’re using your money and the courts to intimidate and attempt to silence us because we again stepped out of line. We got in the way of the Blue Wall of Silence and both those in uniform and those in charge at City Hall are too self-interested and too cowardly to stand up for what is right. Too worried about their pensions, campaign dollars and cronyism to be ethical. They preach integrity and practice treachery.
Sadly the tale of Paul Irish is just another in a long line of such stories. A story of the government using it’s weight to silence dissent. A story about government arrogance crushing a voice even when it comes in the form of an officer talking about the things the Police Department hypocritically displays on their own walls. Ethics used during times of convenience are no ethics at all.
Word has seeped out from the once hermetically sealed walls of City Hall that we may not have Richard “Dick” Jones, Esq. to kick around much longer. It would seem, if the rumors are true, that Good Ol’ Dick has had enough of screwing the taxpayers of Fullerton with his pettifogging, self-serving legal advice and is “retiring” with all of his ill-gotten spoils.
Where there’s smoke…
Well, possibly not all his spoils, because he must believe his “I Can’t Believe Its A Law Firm” will have some residual value after Mudslide oozes off.
Now I don’t know about you, Friends, but a collection of lawyers that includes Kimberly Barlow and Gregory Roosevelt Palmer doesn’t seem like it could be worth very much to me; but Jones is supposedly pitching the continued services of his collection of miscreants, so he must plan on keeping his name on the letterhead and probably receiving revenue thereby.
Let slip the dogs of law…
Will our city councilcreatures keep this gang on retainer? After the abysmal performance of Jones in the pas it’s hard to imagine anybody wanting them around, at all. Of course this is the same gaggle that has kept Jones, et al., on the clock for over twenty years – and that’s a lot of bungling and cover-ups.
Mudslide and Mayer. Staying awake long enough to sign the invoice…
Fighting your own incompetent and belligerent government can be distracting. And so rather than be distracted, I’ve been playing catch-up with some more of the doings of our idiocracy since the City’s legal lizards tried to stomp on our 1st Amendment rights.
Back on October 1, our esteemed council took on the business of people camping out in their cars. Naturally, the problem needed to be institutionalized, and institutionalized it was – by giving the Illumination Foundation a contract up to $100,000 to run a site-specific car and RV park. FFFF correspondent T-REX covered the story, here.
Play it again, Ken…
With their usual political courage, the council directed that their City Manager, Ken Domer, could decide the location and thereby let a bureaucrat insulate them from the repercussions of their own decision.
Now that location is known – the alley and public parking between the historic Western marketing Building and the Elephant Packing House, a building on the National Register of Historic Places.
Maybe the less said, the better…
Well, fine, say I. This site is directly adjacent to the crown jewel of Fullerton’s Failures, the so-called Union Pacific Park, or, as it is charmingly referred to by neighbors, The Poison Park. it seems right and proper that the City deposit one failure next to another, which is already situated across Harbor Boulevard from one of Fullerton’s first Redevelopment boondoggles, the Allen Hotel eyesore.
Redevelopment Redux…
And stay tuned for episode 4, in which the Poison Park returns to the agenda, and the Fullerton City Council steps on its own weenie again.
When a government sues its own citizens you have the spectacle of a taxpayer having to pay for for his defense and pay for the legal attack upon him. And what a sad, Kafkaesque sight it is.
Another disgusting passion play is when governments use your money to try to propagandize you for their scheme to take more of your money.
Play it again, Ken…
And so very recently the Fullerton City Manager Ken Domer paid to survey the local gentry about the state of the city.
Dear Resident:
The City of Fullerton has hired an independent public opinion research company to conduct a public opinion survey to obtain feedback on key issues facing the City and identify residents’ priorities.
Thank you for participating in this important research. Please click here to take the survey or copy and paste the link below into your web browser.
Your participation and responses to this survey will be completely confidential. The identity of individual respondents and their individual answers to survey questions will not be shared with City staff or officials.
Please do not forward the survey link to others or share it to social media as it is personalized for each recipient of this invitation to ensure that the survey link will only work once.
Sincerely,
Kenneth A. Domer
City Manager
City of Fullerton
It’s a good thing the City has so much money to play with.
Lo and Behold! The survey is nothing other than:
An attempt to get you to prioritize the various messes the politician and bureaucrats have created, and,
Ignore the biggest problem – a vastly expensive, often criminal, and completely irredeemable police department; and,
Subtly offer a 1% sales tax as a way to fix the problems; and,
Failing that, howdja feel about a .75% sales tax? And,
Gather that prioritization information you gave them to fashion their propaganda campaign for the inevitable tax.
The heart of the City celebrates another impending victory…
My advice is to ignore the survey except for amusement purposes and remember that we will have school district bond proposals on the ballot in 2020 as the insatiable maws of local government takes ever more and returns ever less.
Things just keep on moving in the legal battles between us and Fullerton.
Yesterday the Hon. Judge Lee ruled that our two cases, Joshua Ferguson v. Fullerton and Fullerton v. FFFF, Joshua Ferguson, et al are related in response to our request for such a ruling.
As such we will no longer be gracing Judge Lee’s courtroom in Department C31 on 27 February 2019.
Currently we have a Status Conference regarding the City suing us on 12 Dec & a Case Management Conference on my Writ of Mandate case on 16 Dec in front of the Hon. Judge James Crandall in Department C33.
For context we argued, and the city opposed, the point that these two cases are related owing to them involving the same parties and general facts:
“[T]he two actions are based on similar claims, arise from the same transactions and events, and require the determination of substantially identical questions of law and fact. The CPRA lawsuit alleges that the City has improperly withheld records it claims are confidential or exempt from disclosure. The City’s lawsuit claims that in the process of responding to Defendants’ CPRA requests, it placed confidential or exempt information on its website, www.cityoffullerton.com/outbox. In both cases, the City has the burden to show that the documents are confidential.”
We’re of the opinion that the city’s case against myself and this blog is retaliatory owing to the fact that the city waited months to file their case and only did so AFTER I filed my Public Records lawsuit.
The city claims they waited to “secure their network” which is utter nonsense considering their own experts, in their own declaration, stated that the city needed approximately 30 days for the company Glass Box to fix their network (not Dropbox) vulnerability. Yet the city sent their original Cease & Desist email on 14 June, their letter to our attorney Kelly Aviles on 17 July and then they waited an additional 99 days to file their lawsuit against us on 24 Oct.
That’s a lot more than the 30 days recommended by Glass Box and sure is convenient timing. It’s even more convenient that the City had to vote “again” on 19 November “in an effort to clarify any Brown Act violations” when they refused to report out about their alleged vote back in September that Whitaker denies even took place.
I will be very surprised it the city does not attempt to appeal this decision to link the cases.
As you Friends can imagine the FFFF industrial complex has been engaged, mano a mano, with the yapping legal beagles employed by the City.
But now I take a break from the marblemouthed drone of Dick Jones’s lies to catch up our Dear Readers with other events of the past few months. If you supposed that the spotlight of media attention on its legal mischief has caused Fullerton politicians and bureaucrats to call a pause to its idiotic endeavors, boy, would you be wrong.
Be sure to visit the roof garden…the view of the auto repair shop next door will be amazing!
In October, the proposed dee-veloper of a “boutique” hotel on a parking lot next to the Santa Fe Depot gave a show for us rubes.
You may recall this dubious project – Doug “Bud” Chaffee’s parting gift to us: approval of an exclusive negotiating agreement based on the developer’s unsolicited proposal for a hotel on what is now a parking lot. Nobody had ever heard of this bold impresario before, but no matter. Jennifer Fitzgerald has always wanted one of these “boutique” hotels, even though it was never in the Transportation Center Specific Plan she kept foisting on us all those years.
One of these people is a tax and spender. So is the other…
In case you don’t remember, I bring your attention to the record of our dimwitted and unintelligible mayor, Jesus Quirk Silva, who changed his vote from the previous meeting to make this absurdity move along. He even made up fake “experts” who supposedly changed his mind.
Anyhow, it seems this newly minted “hotelier” thinks downtown Fullerton is “dilapidated” and needs his special kind of remedy – a boutique hotel for all those fancy swells who haunt DTF’s exclusive nightclubs and other highfalutin venues. The pictures, however, suggest a six story stucco box with some brick veneer stuck on the front to satisfy the locals sensibilities.
Carpenter ants are a nuisance if not properly controlled…
And at this meeting a strange apparition appeared: a bunch of carpenter union goons in jobsite safety vests. Presumably their presence was meant to impress upon the assembled citizenry how necessary such city-supported boondoggles are to their well-being. It’s become common for this in Anaheim, but this is ridiculous. It wasn’t even a public hearing where such theatrics might persuade the more feeble-minded decision maker.
Apparently, word has not yet got out from City hall about whether this harebrained scheme is going to be subsidized with free or discounted land, but I’d be willing to bet on that. After all, this City is not for sale. If you’re connected with the city council you just step up and take what you want.
Fullerton is headed back to court tomorrow to try and fix what it claims is a “clerical error” in their Temporary Restraining Order (TRO) against us here at FFFF. The TRO that’s already in front of the Court of Appeals and has mostly been stayed. The meat here is that the City Attorney did not incorporate into the TRO the list of files we’re alleged to have “hacked” by clicking links the city gave out to the world.
To try and fix their mistake, the City’s attorneys are running back to court to get the TRO fixed. This is all a part of their quest to search our digital lives to see if we have files they themselves admit they put on the internet.
For those just catching up, the core of the city’s illegal SLAPP case is that the public can only access information on the City’s website that the City has sent you a link and express permission to access/download.
This is preposterous and amounts to me calling you, dear reader, a “thief” and “hacker” if you click the “Contact” link on this page without me giving you express permission to click it despite me inviting you onto this page. This idiocy, if allowed to stand in court, will break the internet as we know it.
But in true Fullerton fashion it gets better.
You see, when the city was rushing to stomp on our First Amendment rights (despite Jan Flory expecting that to get struck down and Bruce Whitaker claiming there was no vote to do so at all), they couldn’t even be bothered to check their work. This is the list of files in question according to the City and the files we were restrained (gagged) from publishing or sharing:
Those red arrows are files that the City claims are public records disclosed as part of records requests according to the declaration of Mea Klein. You can likely spot other obvious public records on your own.
In other words – the city got a court to stop us from publishing and sharing records they themselves claim are public. Files the clerk’s office released to members of the public.
Let us contrast that with the City’s argument where they claim we should have known which files/folders on the city’s Dropbox account were public versus private before allegedly accessing anything. The City Attorney, as evidenced by this exhibit of their own creation, can’t discern public from allegedly private files. They not only admit to co-mingling files they have a legal duty to keep confidential with documents they have a legal duty to share with the public but they did it again in their TRO against us.
Allow me to repeat this very important point:
At the behest of our City Council, the City Attorney actually convinced a court to restrain us from publishing and sharing things they themselves admit are public records.
One might expect a little more due diligence when working to step on the First Amendment. We’ll see what the judge says tomorrow regarding this TRO update and we’ll keep you posted as this case continues.
I knew trouble was brewing when I saw this picture. My former mistress and her drinking buddies. Normally when the drinking began I would crawl under the sofa.
Well, what the hell. You humans provide the caption. I mean really, what can I, a poor dead dog add to this?
