Felz After a Fortnight

The last official word we heard on the status of our City Manager post the Sappy McTree incident was that, besides apologizing, Joe Felz was on leave for 2 weeks.

The Official Story, if you recall, started on 15 November 2016 when the City Attorney, “The Other Dick Jones“, told us that City Manager Joe Felz would be on leave for 2-weeks which prompted Jones to ask Mayor Fitzgerald to immediately put forth an emergency motion to appoint Gretchen Beatty as “Acting City Manager” and once that was done she’d stay in the Acting City Manager position until the Council voted to remove Ms. Beatty from said position. None of this was 1) an emergency or 2) needed as legally we don’t need a City Manager but I don’t expect the City Attorney to bother with such details as State Law.

The pertinent issue is that nobody on Council bothered to ask timely questions on this matter and so the fact that there wouldn’t be a Council meeting 2 weeks later (yesterday) never came up. Now 2-weeks has passed with the next Council Meeting scheduled for 06 December 2016 and it’s at THAT meeting that the Council would have the first opportunity to remove Ms. Beatty from her Acting position in order to put Joe Felz into his chair again.

joe-felz-up-close

Does that mean that Mr. Felz is back now twiddling his thumbs with nothing to do (2-weeks later as stated) or that he’ll stay gone until next week when the Council can remove Ms. Beatty from her Acting position or later due to the ongoing Felz/FPD investigation? Who knows with answers not exactly forthcoming from City Hall. We won’t even know if it’ll be on the Council Agenda until this coming Friday night.

As for the inevitable “What difference does a week make?” question I will posture that it speaks to the nature of our City Government and the way our city is run. It’s slapdash thinking & haphazard decisions over even such basic calendar items that showcases the culture in City Hall where there is almost zero attention paid to details. This sort of intellectual laziness is how we end up with unaccountable bureaucrats spending time in Las Vegas or elsewhere while the city bleeds red ink and puts our kids further into debt with only high-density boondoggles on, and blocking, the horizon in order to offset the bloated spending.

We shouldn’t have to point this sort of stuff out but our so-called leaders can’t be bothered to do the jobs they voluntarily took and that leaves us, the malcontents and rabble-rousers,  to do the job of making sure that somebody is paying attention.

A Glimpse Into Fullerton’s Future

It wasn't safe. but it sure was uncomfortable...
It wasn’t comfortable. but it sure was dangerous…

Okay, Friends here’s a pop quiz. What do Jan Flory, Bud Chaffee, Jennifer Fitzgerald, Bruce Whitaker and Greg Sebourn have in common? Think for a second…

Got it? Of course, it was an easy question.

They are collectively responsible for the overdevelopment of Fullerton. Look around: Commonwealth, Orangefair, Santa Fe, each now, or soon to be home for massive, overbearing penitentiary-like apartment blocks.

The Thing That Ate Fullerton...
Cliff Dwelling Is The Life For Me, or: Thing That Ate Fullerton…(image swiped from Orange Juice Blog)

The ridiculous and deathless “Amerige Court” monster is back, too being pimped by a guy named Cameron Irons.

Follow my easy method, and one of us will get rich!
Follow my easy method, and one of us will get rich!

You remember him, right? County Supervisor Shawn Nelson’s crony who stood to make a $100,000 commission as Nelson tried to ram through the County’s big homeless shelter next to Fullerton’s Commonwealth Elementary School.

Nelson wears his game face.
Nelson wears his game face. Too bad we’re not on the same team.

And there’s very little need to hold our breath until the “College Park” upzone Godzilla rears its ugly head, once again.

Whatever the motivation of our “representatives” to jam ever more high-density residential projects into Fullerton, the result is the same: more burden on the City’s utilities and infrastructure, and above all, more traffic cramming our streets, costs that are carried by all of us as the developer makes his bundle and skips off to his next monster.

Is it really too much of an exaggeration to say that soon the major intersections at Harbor, Orangethorpe and Lemon will become virtually gridlocked at certain times of the day? Soon we may all have to find alternative ways to get around Fullerton.

It’s pretty clear that none of these lofty people have the best interests of ordinary Fullerton residents in mind. In fact, we seem to be nothing more than an annoyance to their big plans, that is if you can call helter-skelter development a plan.

The (Other) Case of the Missing Sidewalk

Híjole. Here’s an example of the special treatment that a well-connected developer can get in Fullerton. At Harbor and Orangethorpe, a fast food-type developer has been allowed to monopolize the sidewalk for the last six months. The use of this public space probably saved him a few bucks on construction. How thoughtful of our city planners!

Of course, this sidewalk is heavily used by poor pedestrians, who can’t seem to muster an equivalent offering up at city hall. So they’ll have to walk around. Or up the middle of the lane, as the hesitant abuela does in this video.

It’s only a matter of time before someone is hit by a car. Is this a fair deal for people of Fullerton?

By the way, I’m told this is the future site of Jersey Mike’s, Chipotle, The Habit, and a Verizon store.

The Sound of Silence

I would have done it even cheaper...
I would have done it even cheaper…

Not much has come out of Fullerton Junior College lately on the case of cop-turned-security guard Dino Skokos who handed out an unwarranted beat down on an undernourished FJC student in October.

A writer for The Hornet named Madalyn Amato,  reports that although an “independent investigator” has been engaged, nothing else has been forthcoming. The fact that the investigator, a law firm called Currier & Hudson, solely specializes in acting as defense counsel for government agencies, should send out appropriate warning bells. See where this is going?

https://www.youtube.com/watch?v=a9KyMyo-fcA

In the aftermath of outrage, the bureaucratic playbook is being executed as expected.

First, ignore any criminality on the part of the district employee and announce an independent investigation, with the goal of diverting responsibility, or even better, procrastinating ’til everybody’s forgotten about the incident.

Naturally, the independent investigator is really just a carefully selected government defense pettifogger, hired to relieve the agency of as much liability as possible and absorb any leftover PR issues. Of course, hiring a law firm comes with desirable effects, such as the benefit of attorney client privilege. See, it’s easier to control an investigation if the investigator can’t actually reveal any findings detrimental to the institution.

The cleanup is underway
The cleanup is underway

And now we wait. The employee takes a paid vacation, the real police fail to deliver a criminal investigation, and NOCCCD eventually pays out a quiet settlement to the victim who will make a deal in a civil courtroom. Nothing to see here.

Close enough...
Close enough…

And now let’s let Fullerton Junior College President Greg Schulz take us home via The Hornet article:

President Greg Schulz promised the college’s full dedication in reaching a conclusion regarding the incident.

Trust the System that Can’t be Trusted

Remember when Our Mayor, Jennifer Fitzgerald, had the City Attorney, “The Other Dick Jones“, repeat the city’s position on the Joe Felz alleged D.U.I. incident?

That they’re looking into it, via an outside investigative group without subpoena power that is answerable only to the City Brass, and that any potential criminal charges would be forwarded to the District Attorney?

It’s a good thing that we can trust the District Attorney, Tony Rackauckas, to be interested in the law and to not be too cozy with Law Enforcement.

Oh wait. Nevermind.

In the latest episode of “You’ve Got to be F*^%ing Kidding Me” the 4th Circuit Court of Appeals has kept the entire D.A.’s office off of the most high-profile shooting case in county history for misconduct. All because the D.A. is too cozy with Law Enforcement and doesn’t follow the law.

(more…)

We Get Mail

FFFF has always been a drop box for mail from sources that prefer not to be identified. Some are obviously credible; others perhaps less so – sort of like like Sgt. Andrew Goodrich the FPD spokeshole who claimed that the cops who killed Kelly Thomas suffered broken bones, etc.

Yesterday, we received an e-mail from one of our readers identifying himself as “DTF” who passed along what was presented as information sent out by a disgusted cop who was hired, and departed the FPD for a different agency during former POChief Danny Hughes reign:

cop-letter

 

And there’s more, relating to the Joe Felz incident:

I have excellent sources at FPD who hate the Hughes clan because of the lies and double standards. 

Get a hold of those videos before they are  erased, hopefully that hasnt already happen. Admin is trying to make the officers sign a new policy to prevent them from talking about the incident.

When the first two officers arived on scene, Felz was still in his car trying to free it from the sidewalk and tree. The officers pull up behind Felz just as he dislodges his car and drives away. The officers purse him and actually perform a semi pit maneuver to stop his vehicle. (There is minor damage to one of the police cars if not both) 

This next part is sketchy. One version he was pulled out of his car at gunpoint and Felz identifies his self and  immediately says to call Hughes. The other version is he flees his car when it has been immobilized and there is a short foot pursuit.

But one thing I know is that the officers on scene said Felz was HAMMERED there was no doubt he was drunk. 

There is definitely video of the whole incident from the point the officers arrive on scene.

FYI no breathalyzer is necessary on scene. You can’t make a person take one at the scene. But the accident it self, coupled with his obvious impairment is plenty to have arrested him.

Put pressure on the PD to release the video. This is another huge cover-up by Hughes and his boys.

DTF

Friends, feel free to lend credence to this information in any degree that makes you feel comfortable.

The Odd Case of the Client Newsletter

richard_jones

Okay, you may have painfully listened to the five-minute drone of Fullerton City Attorney Richard Jones on a previous post, explaining why no information was forthcoming in the Case of the City Manager and the Dead Parkway Tree. Sorry to inflict that on you, but no pain, no gain, as they say.

If your cerebral synapses are sufficiently recovered, reflect back on what Mr. Jones, Esq. said, and what he was asked to repeat twice by our Mayor, about electronic records generated at the scene and how they could not be released via PRA request because they were part of an “ongoing investigation;” but moreover, because they were somehow part of some sort of double-top secret “personnel” proceedings.

But wait! A quick trip to Jones and Meyer’s website newsletter to clients (we are clients, aren’t we?) reveals some interesting case law that seems to show exactly the opposite of the malarkey Jones was pitching to a remarkably incurious Council the other night. Here’s the synopsis:

mav-evidence

See? The video was created before any administrative investigation, or internal affairs investigation even started.

So let’s get this straight. A “client alert” sent out less than four months ago seems to contradict what Jones said, and reiterated twice on Tuesday night. Hmm. Hopefully someone can drop by to explain why the case of City Manager Joe Felz isn’t covered by the Greenson case finding by the Court of Appeal.

The Culture of Cover Up?

You, know some people have the remarkable habit of speaking a whole bunch of words without saying anything. Fullerton City Attorney Richard Jones has been doing it for years and years as compliant councils sit there silently during his mind-numbing droning.

In the clip below, from last night’s Council meeting, he explains why the public need be told nothing about the City Manager, Joe Felz, driving home after a party, running off the road, trying to leave the scene of an accident, smelling of liquor, and most likely flashing his Get Out of Jail card.

jail-card

First listen:

There’s five minutes of stuff that could have been said in about 40 seconds but Jones needs to make sure he has touched all the bases of possible objection, added some mumble-words in the service of phony legal propriety, and his accomplice, Mayor Jennifer Fitzgerald is on hand to make sure some of the points are reiterated – twice.

Yes, the bases are touched.

  1. The matter is subject to an “ongoing criminal investigation” by FPD, possibly to be turned over to the do-nothing DA, so mum’s the word! But what’s this? Who has committed a crime? No one was arrested no one was even cited. If not then, when, and how? Sure seems like a bogus smoke-screen.
  2. The issue is a “personnel” matter. But wait. Felz was not acting as an employee at the time of the crash. He was undoubtedly a private citizen. So how on God’s green earth is this a personnel matter? Another dodge to avoid response to legitimate PRA requests?
  3. The issue of the body cameras is noted as governed by some statute that is not elaborated, merely cited. The incurious Council let that one sail by. In the end, Jones informs us that Mr. Felz has privacy rights, too, which is awful sweet, but begs the question – if any of us were detained in similar circumstance can there be any doubt at all that the video would be turned over to the media by Andrew Goodrich before the first rays of morning sun had warmed the walls of the police station tower?

In the end some word nuggets tumble out that do lead into the direction of actual meaning, if only unintentionally freed from the bondage of this pettifogger’s mental jail.

One bit of this statement is very interesting. At 4:08 Jonsey mentions the investigation of the poli…the City Manager. Maybe I’m too cynical, but could this be the real source of investigation – how the cops deliberately violated their own policies and ignored violation of the Vehicle Code? That would sure make sense if a cover-up of the whole embarrassing mess was being orchestrated. After all, they could try “miscommunication in the chain of command” or some such nonsense, Gennaco-style, and if all else failed, toss the rat on conveniently departed Chief Dan Hughes who is now over the wall and making tracks southward.

The Weasel Words of Dick Jones Regarding Joe Felz

After tonight’s Fullerton City Council meeting all signs point to City Manager Joe Felz being out of a job, likely from early retirement after he runs out the clock on his vacation time. Allow me to explain.

Joe Felz was a no-show at last night’s Council meeting and the City Attorney, Dick Jones, relayed a nothingburger of an apology from Felz during the Open Session and said that Felz was taking a 2-week leave of absence. Mr. Jones then requested that the council agendize an emergency* item for the same meeting, last night, to appoint an Acting City Manager which they did.

There is zero reason to appoint an Acting City Manager if somebody is on a voluntary leave for 2 weeks. Do we appoint an Acting City Manager anytime the City Manager goes on vacation? No. Was it an emergency? No. This is ridiculous. How ridiculous you ask? Well…

Pursuant to California Government Code we don’t even NEED a City Manager owing to Fullerton being a General Law City.

36501.  The government of a general law city is vested in:
   (a) A city council of at least five members.
   (b) A city clerk.
   (c) A city treasurer.
   (d) A chief of police.
   (e) A fire chief.
   (f) Any subordinate officers or employees provided by law.

Notice that there is no “City Manager” on that list.

So our City Council just appointed a person, Gretchen Beatty, to a position that we don’t even legally need because our City Manager is on a 2-week leave. Funny how the City Attorney missed that little nuance in the law or as I like to call it – his job. Dick Jones asked that a non-issue be agendized unless of course more is going on behind the scenes that can’t be discussed with us common rabble known as residents.

Now here’s where the weasel words really come into play. Mr. Jones stated that Gretchen Beatty would be acting City Manager not until Felz came back from leave but rather until the City Council relieved her. He’s a lawyer who chooses his words carefully so this means something.

To really drive this point home it should be noted that during Public Comments people spoke up about the Joe Felz / Sappy McTree incident and Mr. Jones made a point that the details of the investigation couldn’t be released until this “Personnel Matter” is resolved. He also said that it was an ongoing criminal review and it would go to the D.A. for a “Potential Criminal Prosecution”. Further he said, and Mayor Fitzgerald asked him to repeat, that the Bodycam footage couldn’t be released pursuant to California Government Code 6254F.

(more…)

The Yellowing Submarine

Things never looked better for Fullerton.
Things never looked better for Fullerton.

An alert Friend directed our attention to the Fullerton Observer’s “reporting” of the recent Joe Felz/Danny Hughes Glenwood Ave. Road Rally. Here’s the article. As usual the Observer does its level best to downplay the incident –  since for the Yellowing Observers City Hall can do no wrong. If you want, you can see it here. Below is a facsimile.

Journalism at it's finest!
Journalism at it’s finest!

Let’s enjoy some of the unintended hilarity.

First notice that neither the chief player in this drama, nor even his august title are mentioned in the headline, a rather glaring omission, one would think.

It is not until the end of the second paragraph that we discover the tree killer is our beloved city manager; and it wasn’t until the next sentence that he is identified – only as “Mr. Felz.”

None of the pertinent facts are shared: that Felz had been drinking; that he had tried to drive away; that he had been given a pass on the breathalyzer test that would have been forced on you or me, or even Sharon Kennedy, editor of this mess.

Ironically, Page 6 contains a saccharine farewell to Chief Dan Hughes, whose last official task as chief was to make sure his boss got a safe ride home and tucked into bed without the worry of an annoying and embarrassing DUI rap. Thanks for the solid, man!

“Leaked to a local blog.” Ha ha! Yes, indeed! But no mention of the evil FFFF, where original and dangerous attitudes prevail! Jeez, even Sappy McTree got more shine than we did.

And finally: “…witnessing a driver (you mean THE driver) trying to maneuver his vehicle off the causeway.”

Causeway? Just like The Observer of old: error riddled, incompetent, supine and illiterate.