Category Archives: Fullerton City Council

Current Fullerton City Council members are Don Bankhead, Pam Keller, Sharon Quirk, Dick Jones and Shawn Nelson.

Rumblings In Sunny Hills

Back on August 18th, out esteemed City Council began the process of declaring a strip of property along Bastanchury Road to be “surplus.”

The vote was 4-1 with Bruce Whitaker in opposition.

Down on the farm…

The obvious purpose of this strategy is to to sell the property to an affordable housing developer so that the politicians can feel good about themselves and maybe raise some fundraising dough. For Mayor Jennifer Fitzgerald this most likely means a lobbying opportunity after December when her presence on the council will mercifully come to an end. Why? Because developer selection and rezoning can be budged along by Pringle and Associates on whose street corner Fitzgerald plies her trade.

But not everybody is happy and there is an election in a month.

The natives are restless…

The locals on the hills behind the proposed development naturally object, as do environmentally-minded people who want the site preserved as opens space. The locals have even come up with a website and are advertising their displeasure with the City Council.

Fred in nature…

And naturally this has become a sudden election year issue for the District 1 council seat. Fred Jung has already made his position known that he prefers the open space option. On the other hand, his opponent, Andrew Cho, was hand-picked by Fitzgerald to have a reliable vote on the council. But not only is Fitzgerald gone this fall, but so is her pal Jan Flory which means that after the election there could be three potential votes to save this site as open space.

The Council passed this item with the usual “this is only the first step in the process” bullshit that begins the process of cloaking another hot mess in the mantle of inevitability. For the folk of District 1, however, the story may take a different turn than the City house-acrats and politicians are hoping for.

 

Criminal

Fullerton Admits to Criminal Incompetence

The City of Fullerton today admitted that they broke multiple laws in how they utilized Dropbox to illegally store what they claim are private and confidential files.

A few weeks back my attorney submitted a records request which the city just partially responded to today with any substance. There’s a lot of legal nonsense and lawfare going on here but one thing stood out related to Dropbox.

CPRA Fullerton Dropbox Response

No contract you say?

This is interesting because the Federal Department of Health and Human Services has very strict rules governing how you can and cannot store & transmit health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The two important issues here are known as the HIPAA Privacy Rule and the HIPAA Security Rule.

Basically you have to be smart in how you store personal medical files. To facilitate this Dropbox uses what is known as a Business associate agreement (BAA) which constitutes a contract. NOT ONLY do you have to sign this contract (electronically is fine) but it also, according to Dropbox’s terms, “must be in place before the transfer of [Personal Health Information] PHI from the covered entity to the business associate”.

The user, in this case the City of Fullerton, would also need to make sure THEY THEMSELVES comply with Federal Laws related to PHI.

Had the City of Fullerton’s attorneys done their job they would have seen this in the “getting started with HIPPA guide” from Dropbox:

“If your team handles Protected Health Information (PHI), you can configure your account so folders, links, and Paper docs can’t be shared with people outside of your team. When team members create shared folders, they can further customize the folders’ settings and choose the appropriate level of access — edit or view-only”

But wait – aren’t we being sued in part because we allegedly went to the City of Fullerton’s Dropbox account and “illegally” accessed files and information including personal heaslth records?

The City Council sure seemed to think that was the case. Back on 14 November 2019, City Council Member Ahmad Zahra asked me the following on Facebook (emphasis added):

“However, I’d like to ask you a question: Regardless of how or why it was obtained, do you hold in your possession any private and confidential city employee information that includes social security numbers, health records or other personal information?”

How would that be possible unless the City of Fullerton, who only alleges we accessed their Dropbox account, put such files into said Dropbox folder?

Because that’s exactly what they did – according to their own court filings they put these records into an unsecured Dropbox folder they opened up to the world.

Health Records on Dropbox

And furthermore, according to the City’s most recent court filing which was filed today:

Unaware of Access

They just ignored basic security because… reasons

“The City was unaware Appellants were accessing materials not intended for them to which the City had not specifically directed them or given them permission to access.”

That ALONE ignores basic access controls in clear violation of the HIPPA Security Rule:

“The standards require covered entities to implement basic safeguards to protect electronic protected health information from unauthorized access, alteration, deletion, and transmission.”

They city admits to putting PHI online and not verifying who was accessing, or even who had access, to such information. But at least they took the security of the files themselves seriously in compliance with State & Federal laws, correct?

Not even close.

Reused Passwords

Reused Passwords.

Unfortunately, City staff reused passwords, so that passwords to other files and folders within the City’s Dropbox account, to which Appellants were not given direction or permission to access, could be guessed by Appellants.”

“Reused passwords”. Let that sink in for a minute. Yeah, total violation of Federal HIPPA laws.

But wait, there's more!

But wait, there’s more!

Because Dropbox requires a Business Associate Agreement BEFORE you can place Personal Health Information on their servers, and the City claims they have no such agreement (ie contract) AND that they didn’t follow Dropbox’s access requirements, then they are in violation of the Computer Fraud & Abuse Act of 1986 (CFAA) & the state variant (CDAFA) for being, and I quote with a great bit or irony, in “excess of authorization”.

Jones & Mayer opened the City of Fullerton up to an unknown number of lawsuits with their wanton disregard for the most basic of security protocols.

On top of the hacking crimes against Dropbox, this is a Department of Health & Human Services Civil Rights lawsuit waiting to happen. No wonder Jones & Mayer are spending so much time papering the courts with bullshittery to hide their illegal actions and gross incompetence from the City. It’d be a real shame if the impacted people, who the city was legally required to notify, were to file federal complaints over Privacy [HERE] or Security [HERE] against Fullerton.

As an aside, the city claims emails referencing “dropbox,” “cityoffullerton/com/outbox,” “Fullerton!,” “Full3rtOn!,” or “synoptek” from 2015 to 10/24/2019 yielded 9,700 results. Even AFTER excluding “Fullerton!” & “Full3rtOn!” owing to the wildcard nature of the “!” they claim 9,700 results and they want about $21,000 to sort and redact them. They totally weren’t sharing this information we “hacked” far and wide. Right.

This is yet another example of how the City of Fullerton wastes your money. The cost to sue us is a colossal waste to taxpayers for the sole purpose of covering up the City Attorney’s mistakes and the impending lawsuits over HIPPA will likewise come out of your taxes without a single bureaucrat or attorney being held accountable for their crimes/incompetence.

The Sacrifice

Whenever government gets itself into a bind, the first impulse of our bureaucratic overlords and their elected representatives is to resort to the taxpayers for relief. In Fullerton the case is not much different except that here, allegedly, managers and department heads have agreed to 5% and 10% cuts, respectively during our time of troubles. Likewise, according the the union boss, rank-and-file paper pushers have been told to accept the same 5% deal. Whether this gesture of sacrifice is meant to be reimbursed if the proposed 17% sales tax increase is approved by voters remains to be seen.

But that’s not the point of this post.

The point of this post is to ask whether anybody has requested the same sacrifice from our Heroes – the guys and gals who provide “public safety” services to us peons. Word out of City Hall is that no offers have been made voluntarily and none have been demanded. Could it be that’s because the Hero unions are much richer and much more political than the organization representing other city workers?

We are always being bombarded by Hero propaganda that promotes the selfless service and sacrifices by people who ride around in cop cars and fire trucks. Well, I’ll believe that when these worthy public servants step up to the proverbial plate and take the same haircut as everybody else.

Right Out of the Gate – A Scam

Look familiar? Not to me, either…

The other day FFFF introduced the Friends to Andrew Cho, some dude Mayor-for-Hire Jennifer Fitzgerald trawled into her net to run for the Fullerton City Council for District 1. I noted that his list of endorsers included the usual assortment of grifters, con artists and liars.

I’m not telling the truth and you can’t make me…

And now that he’s running as the stooge of this pack it should come as no surprise that his first campaign act is a scam – a violation of election rules regarding what you can call yourself on the ballot. Please observe, from the City Clerk’s webpage:

Whether Cho is more a lawyer with a dingbat law degree than a “businessowner” (by the way, that’s two words shoved together) is debatable. What is indefensible is the designation “Fullerton Parent” which is a blatant violation of the Election Code requirement for a candidate to describe his job or source of livelihood. Being a parent is not this clown’s vocation.

Section 13107. Ballot Designation Requirements
(3) No more than three words designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the filing of nomination documents.
One really is forced to wonder why the Fullerton City Clerk was party to this clumsy attempt to get some sort of advantage, but one gets a strong odor of Ms. Fitzgerald in the room making sure the bureaucrats do what she tells them to do.

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!

So Now We Know

Some recent commenters on our humble blog have wondered aloud who outgoing Mayor-for-Hire, Jennifer Fitzgerald was going to pick to be her choice for successor. Now we know.

Look familiar? Not to me, either…

Today a Friend forwarded some sort of statement (an English version) from a fellow by the name of Andrew Cho. Who is this person? Nobody I’ve asked today has ever heard of the guy; but, one thing is certain: he was chosen to be a reliable vote for all the things the Curt Pringle lobbyist Fitzgerald holds near and dear. I’d rather not slam the guy right out of the chute, but, hell, just look at who this mysterious person reports as his endorsers.

First, of course is the utterly unspeakable Fitzgerald.

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

If that weren’t bad enough, number two (and I really mean number two), the completely corrupt Dick Ackerman whose record running a fake non-profit to pay his wife, creating a fake address so she could run for the legislature in our district, and illegally participating as a lobbyist to promote the 2008 OC Fair swindle, have been well-documented on these pages.

Oh no, not again.

Next we discover Ling Ling Chang, our current State Senator who originally ran for office pretending to own a business and attending Harvard. Both were lies, but that mendacity didn’t seem to put a dent in her armor of shamelessness.

Ling Ling shocked by some new liberal outrage!

Then there’s the support of Young Kim, the bubbleheaded perpetual candidate and her slimy husband Charles, who foisted the incomprehhensible nitwit Julie Sa on Fullerton way back in 1992.

No there, there…

Of course poor Cho must not have a clue that these endorsements will do a lot more harm than good, and if he doesn’t yet, he soon will.

 

 

 

 

 

Is Fitzgerald Out?

I’m not telling the truth and you can’t make me…

Rumor is circulating that our Mayor-for-Hire, lobbyist Jennifer Fitzgerald isn’t going to be running for election to represent District 1 in Fullerton this fall. Good news, indeed, if true, for those who care about honest, competent government.

But is it true? No pronouncements have been forthcoming from the woman herself which suggests that the rumor isn’t true, or that the influence peddler is going to try to slide in a candidate of her own choosing – one who may just be amenable to continuing the Culture of Corruption in the FPD and the Culture of Incompetence in City Hall.

Pringle and Fitzgerald

What her departure might mean for her future value for the swamp known as Pringle and Associates remains to be seen.

Well, I guess we’ll know in about six weeks. And if Her Highness is just playing games and is going to run after all, we’ll be reminding voters of her:

  1. Promise to take no pay or benefits, and then doing just that.
  2. Lying about a “balanced budget” for years while depleting reserve funds to pay for ever-greater pension obligations.
  3. Covering up the drunk driving of her best buddy, City Manager Joe Felz, a spectacle that has embarrassed the City, ever since.
  4. Ignoring the roads of Fullerton until they have become the worst in Orange County , as determined by the OCTA.
  5. Presiding over the shoddy or incompetent  construction of vanity projects that put money in the pockets of her campaign contributor.
  6. Working as a lobbyist while representing the City of Fullerton.

Axis of Casual Corruption.

So bring it on Jen.’ We’ve been paying attention and we’re gonna make sure your neighbors know all about your record. Stooge endorsement from recalled former council buffoons, corrupt liberals and government camp followers and a new tsunami of prevarication ain’t gonna cut it in 2020.

 

Fitzgerald’s Empty Promise

 

That was then…

We’re all used to politicians who can lie on demand. Then there’s our own councilcreature/lobbyist Jennifer Fitzgerald who has turned lying into a virtual cottage industry. Here’s a repost from 2017 telling a story that I promise is going to haunt our ethically devoid Mayor come election time, this fall.

She probably hopes that Fullerton citizen have either forgotten or are unaware of this issue. If either is the case, some of us will work to rectify that.

In March of this year our lobbyist-council person Jennifer Fitzgerald began to receive the typical council pay check, plus 100 bucks a month to not enroll in the City’s health insurance plan.

“So what?” you may be saying to yourself. Well, here’s the problem. In her self-promotion for political office in 2012 Fitzgerald got way up on her high horse about refusing compensation for “public service.” She even made a promise!

And that’s not all. Enjoy this lecture on the high moral ground Fitzgerald stakes out for herself in 2013. She made a big deal about her refusing compensation when she first joined the council. Could the moralizing get any thicker?

Between 2013 and now a lot has changed for Ms. Fitzgerald, most notably a vice presidency at Curt Pringle and Associates, the notorious lobby shop where no public asset is too valuable for cheap disposal. It may very well be that Fitzgerald now has a completely different attitude toward “public service” than she did five years ago.

Fire Hero Lies Placentia

Fullerton Fire Would Rather Watch Placentia Burn

Well folks, once again the Fullerton Fire Heroes are putting their union above your safety & spreading propaganda to do it.

Check out this “Community Update”.

Fire Hero Lies Placentia

Placentia changed their fire service to save money because the constant mercenary screaming from the Unions have bankrupted their town, much like our own. So Placentia opted to outsource medical calls to an ambulance company. Seems logical, but logic and these unions are mortal enemies.

Ultimately this “Hero” Union is mad because under the Placentia model they no longer get to play Uber for Paramedics who respond to the vast majority of calls.

85% of ALL fire calls in Fullerton are medical. There are AT MOST 2 paramedics in a unit of 4 heroes. That means that 85% of calls, 50% of our responding fire department is playing Uber & standing around. They stand around more at the hospital as they wait for the patient to be admitted or discharged. There obviously has to be a change to how this is done and calls are handled. This is just a vast waste of time & resources.

But nooooo. The Fullerton Fire Department wants to scare you with “unproven fire department” when FFD likely trained alongside some of those very same Placentia Fire members they’re worried are “unproven”. Placentia has to follow all of the same State Mandated Fire Safety protocols. They also hired a well credentialed & proven Chief to lead their new department.

Keep in mind that Fullerton Fire has no problem having a mutual aid agreement with OC Fire – the very entity that managed to let their own Fire Station burn down in the rain.

So much for “proven”.

Fullerton Fire would rather let Placentia residents risk life & property than have a mutual aid agreement with them and they’d rather let your house burn & your life be lost than let Placentia come here to offer assistance if they’re closer to your emergency.

Fullerton Fire, who will show up en mass to tomorrow & park all of their trucks in front of City Hall to bully their point of view, cares more about their wallets than your safety and this “community update” is proof.

All because the Placentia model scares their union. They’re scared that Fullerton residents might get tired of broken roads and a crumbling city propping up those Giant Bro Trucks in the parking lot & the Sweet, Sweet Benefits they enjoy.

Enough.

Tell City Hall to support Placentia and that our neighbor on the other side of CSUF can count on our help if needed. It’s time to put a stop to these Union lies & this blatant disregard for doing what’s right.

If the City votes against helping Placentia, we need to make sure to vote against this Council.