Category: Chronic Failure

Posted onBad Cops

DA Investigator Blows Whistle on Felz DUI Coverup

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Add Another Item for the DOJ and State Attorneys to Investigate

The Joe Felz DUI case just took another wide turn and this time not over a tree. New allegations have arisen within the Orange County District Attorney’s Office:

One of the allegations, listed only by [investigator Abraham] Santos, involves an election night car crash by Fullerton’s then City Manager Joe Felz on Nov. 9, 2016. A Fullerton police officer, who responded to the scene, notified the city’s then Police Chief Dan Hughes, who contacted a police sergeant and allegedly told him to drive Felz home instead of arresting him.

Santos’ investigation later concluded that Hughes was calling in a favor allegedly owed by a sergeant. That sergeant, according to Santos’ claim, had once been caught having sex in a police car but was never disciplined.

“Chief Hughes covered up the misconduct by his sergeant and, when he needed him in the Joe Felz DUI/attempted hit-and-run case, (the sergeant) repaid the favor to Chief Hughes,” said the claim.

Santos’ subsequent investigation of the incident concluded that Hughes “criminally obstructed justice.” But the county never filed a charge against Hughes. Santos, in his claim, said Assistant District Attorney Ibrahim Baytieh told him, “I am friends with Chief Hughes and we are only going to be investigating the DUI and nothing else.”

Let us repeat part of that for emphasis.

“Santos’ subsequent investigation of the incident concluded that Hughes “criminally obstructed justice.””

This isn’t your run of the mill water-cooler talk either as it was disclosed in an official complaint with the OCDA’s office. Pertinent Screenshots as follows:

DA Complaint abt Felz Case

DA Complaint abt Felz Case2

This seems to be par for the course for the OCDA being that Supervisor Todd Spitzer has asked the US Department of Justice to take over their operations owing to an ongoing Jail Snitch scandal amogst other trying issues. Things have gotten pretty bad at the OCDA. So much so that the U.S. Dept. of Justice, the California Attorney General & the Orange County Grand Jury are all separately investigating the OCDA for “systemic” cheating in the jail snitch program. While speculative it wouldn’t be surprising for this Felz DUI Cover-up case to be sucked into the investigations.

We in Fullerton were told time and again that Hughes reformed the department. We were told that he was the man we needed for the job. If these allegations are true it means that not only did he cover-up previous misconduct regarding officer Corbett but he then used that previous cover-up to bury another more egregious case. One cannot have a reformed department if the man in charge is not only participating in coverups but using them as leverage for later ones.

If the rot at FPD started with the head down did it permeate other parts of our city as well? If an Assistant District Attorney refused to look into Hughes owing to a personal friendship did others likewise turn a blind eye to corruption and criminal wrongdoings? Considering how often our own Jennifer Fitzgerald proclaimed her friendship to both Hughes and Felz one must wonder how much misconduct she was aware of and if she was aware did she help cover anything up while she’s been on council?

This further begs the question of how Disney feels about having a potential felon in Fantasyland?

Disney Danny.
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Posted onBehind Closed Doors

A Day in the Life of an Assistant to the City Manager/Economic Development Manager

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For a while now we’ve been trying to figure out how Nichole Bernard wrangled herself the title of Assistant to the City Manager/Economic Development Manager under the leadership of the departed Joe Felz. Even more perplexing is that nobody can figure out what she actually does all day, or what value she provides to the taxpayers of Fullerton.

Well, in an effort to shed some light on the subject, we recently got a hold of Nicole Bernard’s Outlook calendar. The documents have been dutifully provided to you below.

The one on the right

Nicole Bernard Calendar 2015 – Nicole Bernard Calendar 2016

According to these reports, Ms. Bernard calendared at least 80 mid-day working hours last year for the Fullerton College Foundation – not her employer – the City of Fullerton. That’s the equivalent of two working weeks. Mrs. Bernard is apparently the board president of the FCF.

Former City Manager, Joe Felz, Bernard’s patron, obviously let her do whatever she wanted, including using her office to host meetings for non-city business.

Step into my office, Chuck

Of course running a private non-profit is not part of Ms. Bernard’s day job, but she seems to have confused the two. It’s also notable that she took home $174,102.16 in pay and benefits last year from the City of Fullerton. How much of that grandiose salary was wasted on unofficial business, we will never know.  But we do know that Ms. Bernard spends a substantial amount of her work time doing whatever the hell she wants, and that’s not OK.

Readers, please feel free to peruse the calendars and note anything else of interest.

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Posted onBehind Closed Doors

The Parks & Rec Manipulation of Public Comments

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Readers of this blog know good and well the many failures of the Pine Forest Stairs at Hillcrest Park, not to mention the $724,000 bridge to nowhere that will soon become reality.

What you probably don’t know about are the shenanigans used by City Hall to influence the City Council vote.

Funding for the bridge, fountain, and “Great Lawn” improvements was approved on a 3-2 vote (Whitaker and Sebourn: No) at the May 16 City Council meeting.  A couple weeks earlier, I made a records request for documentation on Hillcrest Park.

Jennifer Fitzgerald’s appointee to the Parks and Recreation Commission, Gretchen Cox, made public comments in support of the project.  Having skimmed through the e-mails provided by City Hall the day before, I thought to myself, wait a minute, portions of her comments sounded awfully familiar.

As it turns out, my suspicions were correct.  A week prior, Parks & Recreation Director Hugo Curiel had one of his employees, Doug Pickard, e-mail Gretchen Cox a list of “talking points” to assist her in making attacks on Councilmembers Sebourn and Silva:

Portions of the e-mail were in fact used by Gretchen Cox during public comments.  Let’s go back and compare the e-mail to what she actually said.  This ought to be fun! (more…)

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Posted onA Step in the Right Direction

Can We Get A Refund For The Stairs?

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It happened pretty quickly, just like a UFO sighting, and just as rare: a Fullerton councilperson suggesting accountability. But here you see Greg Sebourn raising the embarrassing subject of the lamentable Hillcrest Park “stairs to nowhere.”

If you’ve been paying attention, you know very well by now that these rickety looking wooden “exercise” stairs are a $1.6 million waste, a genuine Fullerton-type boondoggle that nobody outside City Hall wanted; a mess compounded by what can only be called substandard materials, workmanship and incompetent oversight – and that’s being charitable.

No, Greg, we cannot get a refund and good luck finding anybody to second a motion to do a full and complete audit of this project to find out how and why the whole thing went sideways so badly.

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Posted onChronic Failure

More Pine Forest Steps Fail

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In case you needed any more evidence of the slipshod way the “exercise stairs” at Hillcrest Park were built, I offer in evidence some images taken by the FFFF Construction Field Documentation Team (CFDT) that has been awfully busy lately examining the many failures at the “Pine Forest Stairs” to nowhere.

Here is what the foundations are supposed to look like:

Here is what happened at one location. The top of the caisson was too high and had to be broken out to accommodate a post or cross beam supporting the stair stringer. Unfortunately the rebar in the caisson has been exposed to rust away and eventually spall the concrete.

Here’s a location where a large chunk of the caisson has mysteriously broken off. Here there is no reinforcing steel in sight.

And finally, here’s an example of what can happen when you decide to sink a big 6″x 6″ wood post into concrete:

Apparently many of the caissons are already cracking just like this one. Are these structures even safe? Will our common seismic events cause serious problems? I’m not privy to those answers, but I can tell you that there’s no way I’m getting on those things.

And just for fun, note that the contractor reworked the top the caisson to get water to run off. This sloppy effort is going to flake off – exposing the post to a permanent puddle.

It’s hard to believe that “professionals” inside and outside of City Hall were extremely well paid to oversee this hodgepodge of construction horrors, but there you have it. $1.6 million dollars and this is the best Fullerton can do.

 

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Posted onA Step in the Right Direction

How the Newman Recall Could Kill the Gas Tax

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Take a second and watch recall leader Carl DeMaio explain how recalling Josh Newman is the first step in a three stage plan to rescind the new car tax and fix California’s roads without new taxes.

To sum up his plan:

  1. Recall Newman and eliminate the 2/3rds Democratic majority in the state senate.
  2. Give legislature 30 days to rescind gas tax before additional recalls commence.
  3. Pass statewide initiative to commit existing tax dollars towards road repairs.

Now that’s pretty ambitious. But remember that this tax is just the first test case for the Democrats, who are working on other tax hikes as we speak. They’re now desperate to fill in the enormous financial gap left by the public pension crisis. Even just the elimination of Newman has the potential to stop the state from reaching back into our pockets over and over again.

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Posted onBehind Closed Doors

Who Was in Charge?

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During our series on the ill-fated, $1.6 million dollar “exercise stairs” in Hillcrest Park, some of our Friends correctly noted the problem of the wood support posts that had been poured into the concrete caissons that hold the whole structure up. Obviously, something went wrong. Notice how none of the posts are centered on the caissons, and some are barely two inches from the outside of the concrete, leading me to wonder how they managed to fit a rebar reinforcement inside the caisson.

Something didn’t quite line up…

From the project drawings, here is how the caisson and post are supposed to be aligned. The post centers on the caisson with 4 rebars equally spaced around it. Please notice the 3″ minimum clearance from the rebar to the outside of the concrete.

Clearly the footings and posts were built incorrectly. Obviously the caissons holes were drilled in the wrong places – and the construction manager must have agreed to let this pass. I guess we’ll just have to wait to see what happens. If the footings crack them may have to be replaced – and they weren’t built to be replaced.

This whole mess made me wonder about why the posts were sunk into the concrete in the first place – a very odd situation given that the expansion and contraction of the posts, when wet, could lead to potential concrete cracking and spalling, especially when the post is near the outer rim of the caisson.

It turns out I wasn’t alone. Here is a string of e-mails from the contractor, construction manager, and the architect discussing the redesign of the caissons and posts to a hardware connection – a solution that would make the replacement of the posts significantly easier. The contractor was willing to do this and add the necessary cross bracing at no cost to the City.

Request denied.

I wonder what will happen when the concrete caissons crack, or when the posts rot out. The architect seems to think the posts will outlast the rest of the rickety framing. I wonder which will go first.

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Posted onBehind Closed Doors

Rusty’s Bank Account

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A while back some anonymous Friend dropped off what appears to be leaked financial statements from Rusty Kennedy’s non-profit, the Orange County Human Relations Council. The files didn’t receive much attention from FFFF at the time, but this week one of our readers recently pointed out Rusty has been down at the county begging for a new $250,000 infusion to fund additional employees for his private non-profit.

We have a small problem.

OK, let’s take a look at his financial statements. If you believe that this leaked budget is authentic (I do), an additional $250,000 per year from the county taxpayers would conveniently cover the Council’s projected loss for 2016.

Now that’s not very good, is it? Running a non-profit at a 20% annual loss is cause for concern. But of course this is a private 501(c)(3), so that’s normally a problem for Rusty’s private board members to worry about.

Or is it? What if Rusty is groveling for cash at the county just pay for existing expenses, rather than hiring the three new people as promised? The group already receives substantial funding from the county and local cities. Why should the county give more money to a group that can’t balance its budget? Furthermore, it’s hard to tell if there’s any real value in Rusty’s services, or if his organization offers any sort of efficiency. Program expenses aren’t identified in this budget at all. Why not?

Here’s one clue hidden within the documents: Salaries, Benefits, and Payroll Taxes account for 98.1% of their budgeted revenue. With salaries eating up the entire budget, one might wonder if this whole operation isn’t just some make-work project for Rusty and his friends.

There’s one more concern. Rusty has collected a lot of donations over the years by pretending that his non-profit is actually an empowered county agency. Many of his donors are misinformed, which is why the county recently insisted he stop using the county logo and misappropriating  the name of the similarly-named Orange County Human Relations Commission. Furthermore, there is at least one board member who hold seats in both organizations – a glaring conflict of interest that the county has yet to resolve.

Altogether, these documents paint a pretty dim picture for Rusty’s personally lucrative public/private amalgamation. Will county supervisors continue to dump money into Kennedy’s opaque and unaccountable mess of an organization? And how much are individual OC cities paying into Rusty’s perpetual self-employment apparatus? Do Orange County residents receive any real value from this public/private partnership, or is it time to scrape this useless barnacle off the county barge?

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Posted onBoohooism

Rusty’s Trombone

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Brazenly hypocritical? Check. Shiningly self-righteous? Check. Slavishly sycophantic? Check.

Here is the Director of  the OC Human Relations Council, Fullerton’s own Rusty Kennedy (in a letter to his sister’s Fullerton Observer)  simultaneously congratulating himself and his fellow professional do-gooders,  boot-licking the County Supervisors who will soon reflect upon the merits of Kennedy’s operation, and of course, denigrating all the citizens who are rightfully concerned that having several hundred homeless people imported into the vicinity of their homes, schools and businesses are misguided, etc., etc.

Of course none of this semi-literate screed is surprising. In fact it’s all old stuff – particularly the nauseating part about the death of Kelly Thomas being some sort of wake up call. From the very beginning of that saga, Fullerton’s old guard liberals were determined to make the death of Thomas at the hands of six FPD goons a homeless issue, instead of what it really was – the worst example of a police department mired in corruption, incompetence and denial.

For Rusty Kennedy in particular, this distraction was essential and based on his own self-interest. Kennedy’s crew collects income from local police departments who “partner” with him in the aftermath of one of their outrages, ostensibly to calm troubled waters, until the next crisis. He relies upon police chiefs to recommend him and his “council” to be the County’s operator of another useless organization: the OC Human Relations Commission. And that contract is reviewed periodically as part of the County’s frugality theater kabuki.

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