Denying the Culture of Corruption: The New Acting Chief Speaks!

He speaks to a website called FullertonStories. And what he says is disturbing, to say the least. In a story that quickly dissolves into the typical mushy fell-good bio, newly minted Acting Chief Dan Hughes does drop a few nuggets that are worth considering. Such as a blanket denial that a culture of corruption even exists in the FPD.

“If somebody says there is a culture of corruption, they’re either lying, they have other motives or they are grossly misinformed.” Those are the words of acting Police Chief Dan Hughes while defending the Fullerton police department after it has faced six months of attacks from protesters and bloggers.”

Uh, oh. So we critics of the serial malfeasance in the FDPD are liars; or have other motives; or are “grossly” ignorant. Hmm. Tellingly, there are no embarrassing questions about, and consequently no awkward answers about Rincon, Mater, Mejia, Power, Hampton, Nguyen, Tong, et al. Gee, that was convenient.

In what he hopes will mark a new era of transparency and openness within the Fullerton police department, Hughes recently sat down with reporters from FullertonStories to discuss his plans for the department and his actions on July 5, 2011, the night of the violent altercation at the Fullerton bus depot that resulted in the death of Kelly Thomas.

Well, gee, Danny Boy is willing to sit down with some compliant “reporters” in the service of “transparency,” yet doesn’t address the issue of why transparency is needed in the first place, or why his spokesman, Andrew Goodrich was permitted (or instructed) to lie to the public about the facts in the Kelly Thomas murder.

Hughes describes what happened that night – up to a point. And that point is right before he (or someone working for him) permitted the cops involved in the killing to view the video and then re-write their reports. Neither does he address the sticky issue of his force not treating the site as a possible crime scene, or the alleged confiscation of witnesses’ cell phones and camera film by his cops. He also conveniently omits to explain why the DA was not called in for two days, and then only after being prompted to do so by a call from the DA’s office itself.

Come to think about it, he also never bothers to inform the incurious “reporters” from FullertonStories about how come no internal investigation was done until Michael Gennaco was hired two months after the crime. Details, details.

Hughes paused. “When you look at those steps that were taken in a period of 15 minutes, I ask what of any of that would indicate that we were trying to conceal any information?”

That’s just disingenuous garbage, there. Within that first 15 minutes he had no idea of what really happened. And the fact is that within a short time of the bludgeoning, Andrew Goodrich was already in the process of peddling the bogus story of a violent struggle in which the superman Kelly Thomas, in possession of stolen property, was responsible for breaking the bones of the poor undermanned cops.

What wasn’t done correctly, he said, was that the department didn’t come out and say, “this is what occurred, this is what we did, and this is what we’re going to be doing.

Wrong, again, Dan. What wasn’t done correctly was to put the cops on leave immediately and do a real investigation instead of lying to the public about Thomas.

“And because of that silence, it created a tremendous amount of problems for the police department and the city,” Hughes said.

Incorrect. What caused a tremendous amount of problems for the police department and the city was hiring, deploying, and tolerating drug addicts, con men, pickpockets, thugs, perjurers, Brady cops, sex perverts and sadistic killers on the streets of Fullerton, and in its jail.

We are supposed to be relieved and grateful that Dan is working hard to mollify protesters:

“This is a prime example of how we can respect each others opinions,” Hughes explained. “It’s something that’s been very beneficial, to sit down with the protestors and have a dialogue and admit to them when we have blown it.”

Except that the issues surrounding the crime wave perpetrated by Hughes’ colleagues over the past few years is not a matter of opinion, it is a matter of fact. Sorry, Dan, unless you’re going to admit the problem I have no interest in your “opinion.”

But Hughes admitted there is still “lots of work to be done” in the area of restoring public confidence in the department. “We’ve done a very poor job in my opinion on being able to communicate to our community why we do what we do.  We have to build that trust and relationship again,” Hughes said.

Uh, huh. More denial. The problem is not lack of communication. The problem is a police force chock-full of miscreants who have obviously taken advantage of a department with little or no moral or ethical leadership, a department that has clearly been tacitly instructed to resort to physical abuse to fix the mess made by the politicians in downtown Fullerton.

P.S. Dan, tearing up bogus tickets your cops just handed out for “excessive horning” doesn’t equate to building trust.

Some of the ways he plans to accomplish that include giving tours of the department, holding community meetings and stepping up the citizens’ academy and ride-along programs.

Tours? Ride alongs? Oh, Brother! How about firing dirty, abusive cops, and not hiring any more, if it’s not too much trouble?

Hughes is also looking at ways the department can build an ethical consequence component to its current training programs to further restore public trust.

Keep looking, Chief. And while you’re at it, how about a genuine punishment component for cops when they violate the very laws they have sworn to uphold?

But rebuilding trust won’t happen overnight, according to Samuel Walker, emeritus professor of criminal justice at the University of Nebraska at Omaha, and a nationally recognized expert in police accountability. He said the timetable depends on how credible the response to the crisis is. “One incident like this destroys years and years of building trust within the community,” he explained.

Here’s the obligatory academic on hand to ladle out the cliche soup. The only problem is nobody bothered to tell Professor Walker about the conga line of ethical issues and outright lawbreaking perpetrated by Fullerton cops, and presumably condoned by the department (for the perfect case study consult our posts on Albert Rincon).

Many questions remain about the death of Kelly Thomas and Hughes is looking forward to additional information coming out at the March preliminary trial of officers Manuel Ramos and Jay Cicinelli. He also eagerly awaits Gennaco’s report about the night of July 5.

Yeah, sure. Whatever you say. Sounds like Dan’s been reading Doc HeeHaw’s memoirs!

Hughes said he has seen the controversial videotape of the Kelly Thomas beating probably 400 times and he calls it “horrific.” Although he would not discuss the details of the video, he said it “clearly depicts the majority of what took place that evening,” and it will clarify a lot of misinformation that has been reported.

Misinformation reported? Come on Dan, you’ve got to be kidding. Most of the misinformation was peddled by your own PIO, Andrew Goodrich.

As for accusations by local bloggers that a “culture of corruption” exists at the Fullerton police department, Hughes calls them completely false.

“From being 18 and fresh out of high school to now holding the highest position in the police department, I can tell you there is no corruption,” Hughes said. “Certainly there have been officers that have made poor ethical decisions. We’ve dealt with those officers, and we will continue to do so.”

This is just pure, unadulterated bullshit. Poor “ethical” decisions? No more comment necessary.

I have to give credit to FullertonStories by surprisingly permitting councilman Bruce Whitaker to spray some much needed cold water on the love fest:

But City Councilman Bruce Whitaker said he is reserving judgment until he gets all the information. “On every other level I like what I see (about Hughes), but we’re going to have a whole lot of information at our disposal when the Gennaco report comes our way in about three weeks.”

Whitaker said it’s not just the Kelly Thomas incident that concerns him, but a number of police-related problems that have occurred within a short window, including the death-in-custody case last April that triggered his skepticism as to what is going on in the department.

He noted that Hughes and Capt. Kevin Hamilton are both part of the leadership culture that includes Police Chief Michael Sellers (now on medical leave) and former Police Chief Pat McKinley. “I need to sort out and determine who may have contributed to the current culture,” Whitaker said.

Thanks for that, Bruce. But no, you don’t get the last word on FullertonStories, no siree!

But Hughes stands by his officers. “They are absolutely dedicated to serving this community in an ethical manner, and that’s what I’m committed to ensuring they’re doing,” he said. “We have a lot of leaders in our police department, and we’re excited about the opportunities and challenges we have before us. We’re going to come out a better police department.”

Oh, really? The only reason the community should have one iota of confidence in that statement is because all the FPD bad guys are finally on the right side of the jail bars.

They aren’t. Not yet.

So How Many Brady Cops Does Fullerton Have?

Which is worse, ignorance or apathy?

Yesterday we published a post about a Fullerton cop named Vince Mater who had been identified in court documents as a “Brady” cop, a policeman whose veracity is so doubtful that the DA doesn’t dare put him on the witness stand.

And that got me thinking: are there other Brady cops on our payroll, and if so, how many?

I don’t know, and I can’t even find out. For some reason it’s a real big secret that’s carefully guarded. Of course it takes legal action by a defense attorney to get anything more than a cop’s name, rank and serial number. That’s the police state we have permitted to be erected about us, and that’s a helluvan erection.

On the other hand, simply knowing the actual total wouldn’t violate the sanctity of our Heroes. But, could it be that there are so many Brady cops the entire cop-superstructure would be threatened if the true number were made public? (Now we wouldn’t want the cops to lose public confidence in the police, would we?). Why isn’t it fair to speculate if we won’t be told?

What are the costs of having Brady cops on a police force, both in terms of civil judgments and inability to convict dangerous criminals? Who knows? My guess is that somebody like Pat McKinley, Don Bankhead or Dick Jones doesn’t know. Or care. After all none of these “esteemed” councilmen seems to care that a serial sex predator was knowingly left on the FPD.

Anyway, it sure makes you stop and think about it in light of the recent revelations of bad behavior by Fullerton’s boys and girls in blue. Could any of these fine, upstanding citizens be Brady cops? Could any Brady cops currently be on paid administrative leave, or even charged with a capital crime?

Salutation From The Great Lakes State

We get a lot of e-mails from folks all over the place. The following, from a guy named Howard, is not atypical. A familiar thread is the theme of municipal cultures of corruption and lack of leadership across the republic.

Name: Howard McLay
Privacy: You may publish this under my name

Subject: Fullerton Leadership Mess

Since the death of Kelly Thomas, I have read the FFFF blog weekly.
I’m amazed at the depth of coverage of this clowncil.

I am also amazed at the height of the corruption and spending within the city.
This leads to an amazement of “How did it get this bad” considering all the info published in the FFFF blog.

This is not a criticism by any means of the good people involved or the people of Fullerton. For I live in Wayne County Mich where there is a FBI investigation ongoing with our leader, and the world knows about the Detroit mayor.
So my amazement is really…how in the world did our government get so lax in oversight, in checks and balances, to have these messes all across America.

My hope is that your recall, and the investigation into the killing of Kelly, comes to a just ending.  Keep up the pressure!

Howard, thanks for the kind words and well-wishes. We will indeed keep up the pressure!

Doc HeeHaw Ain’t Skeered Of No Change

Here’s everyone’s favorite Fullerton council yokel F. “Dick” Jones robbing folks who are forced to listen of three minutes of their lives – precious time they’ll never get back. True there are none of the usual vertiginous rants about make-believe central Asian countries, Hitler, syphilis, or Galveston’s Red Light District; but I challenge you to follow a single thread woven into this rhetorical demolition derby.

I especially liked the irony of the Angry Big Gummint swerve there in the middle of the speech from this biggest of all Big Gummint boobs. Being afraid of change? Was that supposed to be some kind of joke?

And he doesn’t know the difference between a storm drain and a sewer? Really?

We now know Dr. Heehaw won’t pay twelve bucks for a car wash; and of course we already know this jackass is utterly clueless about why over 17,500 of his fellow Fullerton voters signed up to recall him.

The Wisdom of Hollis Dugan

Today, we received this insightful comment from long-time FFFF blogger Hollis Dugan that I made a post all by itself. Here ya go:

I have been watching the goings on from both sides of this since last summer and I have some thoughts. I guess I could make this several separate comments but here goes:

Battle Prep: It is obvious to me the other side is outmatched. Before anyone thinks this is a biased view, allow me to explain. Dave Ellis, sleaze bag extraordinaire, is used to ambushing unsuspecting politicos with his street fight tactics and getting some success. Go in to a fight that the opponents think has some rules of congeniality and decorum and Dave just blows them out with under handed tactics, lies tied to good timing (the last minute accusation type mailers) and he catches people off guard and rolls them.

In this case Dave has met up with some experienced ninja warrior street fighters. Dave’s usual tricks are bush league compared to what this crowd is already used to after battles with the local police union, the Ackerwoman v. Norby race, Sidhu/unions v. Nelson etc. This crew is battle tested and motivated to fight to the death because it is what they believe. Dave Ellis is a hired gun who cares zero about Fullerton or its issues. Dave will do only when paid and he has nothing at stake.

Recall Signatures: The anti recall group just cant get their head around the idea that 17,000+ people signed the petitions therefore, a ton of the sigs must be faulty. I’m sure it has never occurred to the that A) All newly registered voter sigs on a recall are 100% by nature. Having registered probably a few thousand new voters over the last 5 months, the recallers really need to get 8500 valid sigs from their remaining 15,500 sigs. B) It clearly has not occurred to the anti recall fools that with modern technology voter signatures can be verified and purged as collected. In other words, if all those volunteers appointed one among their ranks to verify sigs as they were collected over the last 5 months or so, the validity rate is going to be through the roof, not the other way around. Think this didnt happen? Please re-read above. This crew is battle tested and street savvy. Count on it (pun intended).

Withdrawl cards: Nothing screams failure louder than the return of 145 cards after several thousand dollars were spent on the Hail Mary play from the anti recall group. Earth to Dave Ellis: in order to withdraw a sig one must have signed the petition in the first place.

The only people who would have signed the petition were those that felt it was worth their time to challenge the three subjects of the petition. No doubt the signers could have had their own reason to want any of the three out of office or used one of those reasons offered by the sig gatherers.

Regardless of why each person signed the petition one thing we know for sure is the anti recall effort didnt even attempt to show the petition signers their original reason for signing was invalid. Rather than debunk some lie being perpetrated by the recall sig gatherers the anti recall crew chose to attack Tony Bushala. I ask, is there anyone who signed the petition based on their fondness for Mr. Bushala’s good citizenship?

In other words, the other side failed to consider intelligent people could very well agree with everything on the mailers disparaging Mr. Bushala and still think the three old guys need to be recalled. Best case scenario the anti recallers may have ruined Mr. Bushala’s run at city council but how the hell was that going to help their cause?

No one was going to withdraw their sig because their original reason for signing it was never addressed.

Excuses: I am amazed that at every step including Bankhead on the tv last night, the three old coots are constantly believing that this just cant be real. Don said on channel 4 last night that he has been told by “experts” a lot of the signatures will not be valid. McKinley said on national tv the cops may still get out of this because they have a good lawyer. Jones had seen worse injuries in Viet Nam than Kelly’s and just couldn’t imagine how he could have died.

These guys are going to go to the finish line having no idea what happened before, what is happening now or how it happened at all. They are all going to be former council members before they ever figure out what their role was in their own undoing.

It’s like they say, ignorance is bliss. It is also painful to watch.

Amateur Hour at Anti-recall HQ

I'll be happy to take your money and waste it. Been doing that for years.

How many tens of thousands of dollars of Pat McKinley’s pension bucks have Anti-recall leaders “Dick” Ackerman and Dave “Dick” Ellis squandered so far?

The metamorphosis into an oxygen breathing life form conferred no added intelligence.

Tens of thousands? Here’s a hopeful blurb from Dick Ellis’ pathetic website:

Rescission Cards Flood In After Mailer Exposes Over 80 Bushala Code Enforcement Violations
Click here to view

Uh, yeah, right. Those were the cards wishfully cast out, blindly, into a sea of possible Recall signatories. The idea was that some folks would take back their recall signatures when they learned what a monster Tony Bushala is.

The “flood” turned out to be more of a trickle that evaporated before it could even form a puddle.

Now that signatures have been submitted, we also know the fruits of Dick Ackerman’s campaign genius: 145 cards returned for each of the Three Dithering Dinosaurs. 145. And many of those are the names of dead jazz musicians, infamous criminals, and assorted fictional movie characters living at impossible addresses.

Consider that when compared to over 17,000 signatures gathered for the Recall on each of the Ossified Fossils and you will understand the breadth and depth of the Anti-recall failure. And be sure to recall Pat McKinley’s winning margin in 2010 – 90 votes.

How many tens of thousands of dollars were wasted on the Anti-recall  mass mailing efforts? I don’t know. But I suggest that if you want to find out, you inquire of the experts in wasting our money: Bankhead, Jones, and McKinley.

52,254 Recall Signatures Turned In.

Moments ago the Fullerton Recall team turned in well over 50,000 signatures from Fullerton voters to initiate a recall election of councilmembers Don Bankhead, Dick Jones and Pat McKinley. The reason? Their simple failure to provide competent leadership for our city.

The individual totals are:

  • Don Bankhead: 17,064 signatures
  • F. Richard “Dick” Jones: 17,587 signatures
  • Patrick McKinley: 17,603 signatures

Next, the city clerk will turn over the signatures to be verified by the OC Registrar of Voters. Once the requirement of 10,554 valid signatures for each recallee is met, an election must scheduled by the Fullerton city council.

In that election, which will occur sometime before this summer, Fullerton voters will decide both if they want to recall each of the three officials and which candidates will replace them.

I want to give a special thank you to all of our dedicated signature gatherers who worked so hard to bring in 60% more sigs than are required.

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The sigs
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The counting begins in the City Clerk's office.

Bulls Eye! Charges of Illegal Lobbying Leveled Against Anti-Recall Team Leader

Everything's for sale!

Well, really, are you surprised? You shouldn’t be.

Political fixer, bag man, phony charity rip-off artist, carpetbagging spouse, lynch-type mob manager, lobbyist and, not coincidentally, head of the Fullerton anti-recall effort, Dick Ackerman, is about to be haunted by the Ghost of Crookedness Past.

Vern Nelson, the editor of the Orange Juice Blog, and staunch defender of the OC Fairgrounds against a swindle set up by Toad-in-Residence (and, not surprisingly, Anti-recall campaign manager) Dave Ellis, will be delivering a challenge to the DA’s whitewash of Dick Ackerman’s role as an illegal lobbyist in the slimy attempt to sell off the Fair to a group of insiders composed of Fair Board members themselves.

The dirty deal took place in the summer of ’09 when Ackerman started making calls to legislators on behalf of enabling legislation (that he only admits he “helped write”) even though he, himself had been out of office for less than a year – in direct violation of State law. Predictably, our honorable DA gave Ackerman a clean bill of health in the fall of 2010; but Lo and Behold!, in early 2011 Norberto Santana of the Voice of OC uncovered Ackerman’s actual billing records! You know, those embarrassing records the DA didn’t bother to look for. These records indicate illegal calls to legislators – which is exactly what Ackerman apparently told DA investigators he didn’t do. Uh, oh! Dick’s in a wringer!

When Santana published his discoveries, DA spoksholetress Susan Kang was quick with the smarmy defense: we reached the conclusion we did based on the evidence we had.

Wow. It’s amazing what you can’t find when you don’t look!

Well, Nelson is now calling Ms. Kang’s bluff and challenging on our do-nothing DA to do his job by re-opening the Ackerman case.

A year has passed, but the Statute of Limitations hasn’t.

 

The Shameful Water Triple (Er, Quadruple) Dip

UPDATE: Of course the comment from “Do the math” is right on the money. The 10% in-lieu fee is defined as a percentage of gross revenue – including the in-lieu fee itself! This tricky little dodge adds 10% of the 10% – an add-on of yet another 1% to the cost of your water bill! Uh, oh! Quadruple dip!

The Desert Rat

Way back in 1970 the Fullerton City Council passed Resolution No. 5184 dictating that 10% of the gross revenue collected by the Water Department was a reasonable amount to cover ancillary costs from supporting City departments. Here’s the key language from the Resolution:

That an amount equal to ten percent of the gross annual water sales of the Municipal Utilities Department during the fiscal year ending June 30, 1970 is hereby transferred to the General Fund in payment for the services of the Finance Department of the City and of the City Administrator, the City Attorney and the City Clerk to the Municipal Utilities Department of the City as a part of the operating costs of the waterworks system of the City during the fiscal year ending June 30, 1970.

That at the end of the fiscal year ending on June 30, 1971 and at the end of every fiscal year thereafter, a sum equal to ten percent of the gross annual water sales of the Municipal Utilities Department of the City shall be transferred to the general Fund of the City in payment for the services, during such fiscal year, of the Finance Department of the City and of the City Administrator, the City Attorney and the City Clerk to the Municipal Utilities Department of the City.

What sort of justification proved that 10% of the water revenue in 1970 should have gone to the General Fund is anybody’s guess.

In 1982 the City Council passed an ordinance permitting itself the authority to collect an “in-lieu” fee from  the water utility as a fixed percentage of revenue. Despite the name change, the City continued to add the historic 10% to Fullerton’s water bills, and rake it off directly into the General Fund – without so much as a second thought.

A bit confusing? Not really. The original justification for the fuzzy 10% figure was to reimburse the City for vague incurred costs; calling it an in-lieu fee never changed the inescapable fact that the 10% amount was supposed to pay for actual costs associated with running the waterworks. Either way, as of 1997 and the implementation of Prop. 218, that became illegal.

Flash forward to today, and peruse this year’s budget documents. The Water Fund is Fund 44. Check out the total column on the right.

Summary of Appropriations by Fund.

Notice the amount directly allocated in the 2011-12 budget to the City Manager and Administration: $1.7 million ($29,917 + $1,678,962).

Now let’s see some actual charges. Observe Fiscal year 2009-10, over there, in the left column.

Summary of Expenditures and Appropriations by Fund

Good grief! As you might have guessed (based on this year’s budget), in 2009-10 the City directly charged the Water Fund over $1.5 million for the City Council, City Manager, and Administrative Services; plus fifty grand for Human Resources, and $100,000 for Community Development!

And this means that those services that were originally being used to justify the 10% levy on our water bills are already being charged directly to the General Fund. Double Dip!

Of course it gets worse. We now know the 10%  is a double dip; but hold on to your water bill. Because the directly charged costs for “administration” are considered part of the base waterworks cost; the automatic 10% in-lieu fee (which was supposed to pay for “administration” but that pays for nothing), is applied to that! That increase this year is at least $170,000, if you add 10% to that $1.7 million figure we saw in the first table. Triple Dip!

And that, Friends, is a triple gainer off the high board and right into the deep end of the pool.