Former Fullerton Police Officers Jay Cicinelli and Joseph Wolfe want their jobs back. More importantly, these two want back pay stemming from their original termination date. On Thursday, the Fullerton City Council will decide if you deserve to have these two upstanding examples of law and order patrolling your streets, and of course if you do deserve the pleasure of Jay and Joe’s company, you’ll be required to pay for wrongfully terminating their ability to roam the city with a badge, a gun, and of course a taser. . . which in a pinch can be used to “smash the face to hell” of any of Fullerton’s malcontent-ed dirty rabble.
Person Suing You #1Person Suing You #2
So, do you? Let’s review what it is exactly you deserve in Fullerton.
Make taxpayers shell out $400,000 or meddle in an ongoing election.
Pick one.
That’s the quandary in front of our city council tonight in the form of agenda item 4:
4. FULLERTON MUNICIPAL CODE AMENDMENT REGARDING CITY COUNCIL VACANCIES
Consideration of an ordinance to repeal Fullerton Municipal Code Section 2.02.020 and follow procedure for filling City Council vacancies as set forth in Government Code Section 36512.
Without getting too much into the weeds the problem the city is trying to address is specific to the costs and ramifications of Jesus Silva winning the race for the District 3 council seat.
The voters in District 3 have 3 choices on their ballots; Greg Sebourn, Jesus Silva & Nickolas Wildstar. If either Sebourn or Wildstar wins this municipal code change does nothing in the foreseeable future.
If Jesus Silva wins then he vacates his current At-Large seat and we, by law, must hold a special election. That special election could cost us between $391,532 – $428,150 per the OC Registrar of Voters.
Silva likely didn’t even know he was risking socking the taxpayers with that hefty bill until somebody else pointed it out to him. Or perhaps he just didn’t care. That his wife was on council when the to be repealed ordinance was passed points more towards didn’t care than didn’t know.
We went through 2017 knowing this was an issue and the City Manager couldn’t be bothered to deal with it. Then most of 2018 came and went. Nothing. Instead of worrying about a near half a million dollar liability Ken Domer had the council worrying about which volunteers to fire from the various boards and committees around town. As a former member, I’m glad the Economic Development Committee is gone but if you’re going to muck with the municipal code perhaps worry about the parts costing us, or potentially costing us, real money before worrying about a committee that rarely met because it rarely had quorum.
Now this issue is on the City Agenda for the coming City Council meeting tonight. During an election.
Yes, the election is on 06 November but absentee ballots are already in the mail and thus the city is asking council to change the rules of elections DURING AN ELECTION. People will have already voted in District 3 BEFORE the council decides what to do tonight.
Quote Silva from 3 days ago: “Absentee ballots are starting to arrive.”
This is ridiculous.
I don’t want the city to have to spend $400,000 to fill a vacated seat if Silva wins in District 3. However – and this is a big however – Jesus Silva decided to run knowing that his run could cost us that much money and he did it anyways. That he did it anyways speaks to his character.
That is a political consideration and changing the rules during the election screams of a partisan fix to a problem Silva could have avoided by not throwing his at-large seat away in the quest for 2022 incumbency. Voters make decisions on issues that cost and matter less than $400k and deserve to judge this issue without council interference after the fact.
It’s junk mail season and time to keep an eye on the nonsense being sent out by and for candidates and issues. One of the best pieces we’ve seen thus far in the cycle is this little nugget from the CADEM’s supporting Sharon Quirk-Silva for Assembly.
But just her?
They believe HER.
The irony and timing on this is pretty great considering that Quirk-Silva herself is being investigated by the State Assembly for political retaliation against Daniel Fierro, by way of trying to pressure fellow (D) Fullerton council candidate Ahmad Zahra into dropping Fierro as a client.
But they believe HER.
If you make a sexual assault claim against an SQS ally she’ll allegedly retaliate against you, as will her husband Council member Jesus Silva.
And yet they believe HER.
Riiiiight.
This is partisan schtick at it’s worst and I almost expect this to backfire spectacularly.
Where was this #IBelieveHer version of Sharon Quirk-Silva when Fullerton Officer Albert Rincon was being accused of sexually assaulting 7 women and costing the taxpayers of Fullerton $350,000?
Where was this #IBelieveHer Quirk-Silva when a judge said of that case:
“At the end of the day, the city put Rincon back onto the streets to continue arresting women despite a pattern of sexual harassment allegations. A reasonable juror could conclude based on these facts, that the city simply did not care what officers did to women during arrest,”.
For those of you wondering about the timeline on all this regarding Rincon and Quirk-Silva – from that same Oct 2011 article:
The Rincon case began in 2008, when Kari Bode and Gina Nastasi accused Rincon of groping them and exposing their breasts. They sued the department in 2009.
So where was #IBelieveHer Sharon Quirk-Silva when Officer Albert Rincon was allegedly molesting women on our city streets?
Oh. She was Mayor.
She was Mayor again in 2012 AFTER that Judge rebuked Fullerton for doing essentially nothing to an officer accused of at least 7 known alleged accounts of sexual assault under the color of authority.
And she seems to have done nothing. Apparently appeasing the police union was more important than Believing those women.
To make matters worse – Sharon Quirk-Silva just 6 short weeks ago, voted AGAINSTSB1421 AND AB748.
After Jerry Brown sided against SQS and signed both of those bills into law, the ACLU stated:
“Together, SB 1421 and AB 748 will shine a much-needed light on police violence and abuse. Specifically, SB 1421 restores the public’s right to know how departments investigate and hold accountable those officers who abuse their power to frame, sexually assault, or kill members of the public. AB 748 will ensure law enforcement agencies throughout the state release police recordings of serious uses of force, including body camera footage, which are valuable tools for civilian oversight at a time of growing concern with police violence.”
SB 1421 is especially problematic for Quirk-Silva’s “#IBelieveHer” narrative in that it will make public some information specific to the powers of police officers, especially regarding sexual assault tied to the abuse of power to coerce a victim into sexual acts.
SB1421 directly addresses the problems with Officer Rincon and how it was handled within FPD and our city. Thus despite her firsthand knowledge of the problems being addressed by these bills from her time as our Mayor she opted to side with those who would abuse their power rather than the victims and the public seeking information about bad actors in uniform.
Yet they believe HER.
This is because Sharon Quirk-Silva apparently only “Believes Her” when the “her” in question can be used as a political cudgel against her opponents or to rally her more rabid base of supporters. When it comes to actually believing victims of sexual assault, in the end Sharon Quirk-Silva’ actions speak louder than her words. She can be counted on to run the gamut of doing nothing to actively, allegedly, trying to silence the victim and ultimately voted to keep information about official misconduct quiet.
While we suspect there’s at least one candidate on the ballot on November who will not be responding to our candidate questionnaire under any circumstances, we did receive our second response, from Libertarian Nickolas Wildstar. Wildstar is running in the Third Council district where I live and the only non-incumbent in the race.
To reiterate: all City Council candidates for the 2018 election are strongly encouraged to respond to the questionnaire and their responses will be reprinted in full at our earliest opportunity. All candidates have received the questionnaires already and we hope to hear what the other candidates have to say soon.
Our original questions, and Mr. Wildstar’s responses, are as follows: (more…)
Over the weekend the rumors have been swirling as to the fate of Paulette Marshall Chaffee City Council campaign after having apparently been caught on camera removing No Paulette – Carpetbagger signs. We will probably have a clearer picture of the truth of that rumor at tomorrow’s City Council candidate form, but even if she does drop out of the race, this does not end the story.
Her husband, Doug Chaffee, is currently the Mayor of Fullerton and a candidate for Board of Supervisors. While he was not involved in either recorded sign theft, his title as Mayor creates a conflict for the City to investigate the crime. Also, as an active candidate for the Board of Supervisors race, he has an obligation to speak out on this matter and do what he can to make things right. especially since he was the direct beneficiary of an almost identical anti-carpetbagger campaign against his Democratic opponent in June (one Joe Kerr, aka Cotto Joe).
Tony Bushala (one of the founders of this very blog, although he divested his interest two years ago), though Residents for Reform and his brother George Bushala, paid for the political signs that were stolen and he wants them back. He has penned a written request to Mayor Chaffee requesting return of the signs in his residence and has authorized publication here. As an initial good faith gesture, Mayor Chaffee should be strongly encouraged to return the signs on his property forthwith.
In case you missed it, Paulette Marshall Chaffee looks to have been caught on video stealing signs from private property in her pretend district while illegally parked in a red zone because if one rule doesn’t apply to her – why should any amiright?
But Oops. It looks like she did it again.
Is it kleptomania? A spontaneous sign stealing spree?
Here’s a convoluted story from the Los Cerritos News about Fullerton councilmember Jesus Silva and his wife, California State Assemblywoman Sharon Quirk-Silva.
The California State Assembly investigation involving groping allegations against Assemblywoman Cristina Garcia leveled by Cerritos resident Daniel Fierro has morphed into a wide-ranging political influence and retaliation investigation revolving around Garcia, 65th District Assemblywoman Sharon Quirk-Silva (D-Fullerton), and her husband, Fullerton Council Member Jesus Silva.
Jesus and Sharon are accused of threatening a businessman with political retribution if he didn’t fire a public relations firm run by Daniel Fierro, a former Assembly staffer who accused Assemblywoman Cristina Garcia (D) of groping him earlier this year.
During the meeting, Quirk-Silva echoed her husband’s statements and made it clear to the businessman that he should fire Fierro because of his sexual harassment and groping allegations against Garcia.
The reportedly shocked businessman was then told that “not doing so might result in her [Garcia’s] political disfavor.”
Quirk-Silva denied all of the allegations via her office’s spokesperson. But if they are true, they could have serious implications for Fullerton’s political power duo. Would the Quirk-Silva’s really engage in threats of retribution against the victim of sexual assault? That doesn’t seem like a good choice in the current era.
Odds are that the Fullerton City Council will vote tonight to fire the Library Board and replace it with themselves in a cynical attempt to steal property to offset some Police & Fire Pensions. Fitzgerald wants to do it, Chaffee wants to do it and it likely won’t take much effort to convince Silva to do it.
Why? Because the city needs to pad the budget to fill holes left by Public Safety Pensions and totally predictable but avoided CALPers issues.
Thus the City is planning, under Ken Domer’s guidance, to take property donated to the library to plug General Fund budget holes.
Donated. As in stealing charity. Love Fullerton, indeed.
This is the brainchild of Councilwoman Fitzgerald despite her original campaign rhetoric about libraries being a “core service”. I guess we can just add this to the long list of lies Jennifer Fitzgerald said to get elected. We’ll put this one right up there with her promise not to take a salary and to desire to implement zero based budgeting.
Remember Jay Cicinelli? The one-eyed officer who was so disabled from LAPD that he took a disability pension but was so-not-disabled that he was able to be a working Fullerton Corporal? Ring any bells?
He’s the guy who in July 2011 used his taser on Kelly Thomas to “beat him probably twenty times in the face” because Thomas had the audacity to not just sit still while former officer Manual Ramos played games and threatened him. Don’t remember that part?
Cicinelli was fired from the Fullerton Police Department in July 2012 (and the decision was later upheld by the Council). As we told you a while back, Cicinelli is trying to get his job back and in a “we told you so” moment it looks like he may get his wish.
How? Well, a Judge here in OC thinks the Council was mean to poor old Jay when they fired him and upheld his firing because something something bias.
On 14 September 2018, Judge David Chaffee (no relation to Council member and Supervisor Candidate Doug) made a Judgement that Bruce Whitaker and Greg Sebourn should recuse themselves from Cicinelli’s due process violation hearing. His reasoning? Whitaker and Sebourn had the audacity to think we rabble had a right to know what had happened to Kelly Thomas and a right to the evidence.
Judge Chaffee seems to think that because POBAR (the Police Officer’s Bill of Rights) and other as-terrible laws preclude the public from getting basic information about officer actions and alleged crimes that our elected officials shouldn’t be allowed to talk about the things our officers do on duty and under the color of authority.
Judge Chaffee made the point, several times, that Bruce Whitaker spoke out as a council member on items that had not been agendized. Because apparently Judge Chaffee doesn’t understand the Brown Act and that it would have been illegal for Whitaker to speak on those items in the public square had they been agendized.
What all of this leads up to is that this judge wants our current council to re-hear Cicinelli’s bias complaint and he goes so far as to say that not only should Whitaker and Sebourn recuse themselves, he actually recommends that the council wait until AFTER the next council is seated after the November election. He wants a 2019 Council to hear a case from 2011, because of alleged bias.
This is utter nonsense. The council now is Whitaker, Sebourn, Chaffee, Fitzgerald and Silva. Silva, mind you, who is the husband of Sharon Quick-Silva who was on council during the Kelly Thomas incident.
In November Silva is competing with Sebourn for District 3’s seat and Chaffee is running for Supervisor and will be off of council. Chaffee’s wife is the most well financed candidate in District 5. Thus the “very likely probability” is that Sebourn will beat Silva and Silva will stay on council until 2020 when his term expires. So one seat will change which could just end up swapping one Chaffee for another. This is hardly a reason to delay an action in front of our council – especially regarding something so important.
Here is the general premise of Cinicelli’s complaint and Judge Chaffee’s beef with the council and how it handled the case:
The argument against Sebourn and his alleged bias is just laughable. From the judgement:
Golly gee. Sebourn wanted a jury trial and for people to be able to know what happens and for people to not be forced to make decisions in a vacuum. The horrors. If this was the sole thing I knew about Greg Sebourn he’d get my vote every election. That the court thinks this is a problem would be hilarious if it wasn’t so tragic.
The worst thing you can impugn Whitaker for after reading this judgement is his being too willing to talk to the public and help us know what was happening, which is something to be celebrated. He worried about a cover-up and the argument against that is that it’s legal for officers to cover-up things per POBAR. Don’t believe me? Then why are officers allowed to view evidence up to and including videos of their own actions before writing their statements? You, as a citizen, are not allowed such a privilege as that would taint your memory and allow you to change your story to coincide with the evidence. The officers who beat Thomas did in fact write their reports while watching the video and all subsequent testimony is tainted by that fact despite complaints to the contrary.
I submit as evidence a quote from the Gennaco special investigation report regarding this fact:So Whitaker asked questions the people of Fullerton, arguably the world, wanted answered and he’s being painted as a biased figure against this poor officer who wasn’t physically qualified for the job he had, while double dipping a pension, and who showed no remorse for his actions.
I guess Judge Chaffee missed the video evidence from that night. So HERE IT IS.
If that’s too much maybe this will suffice:
This ins’t inhumane, Judge Chaffee?
Is that inhumane and brutal?
What about in the context of having done nothing wrong beyond being an annoyance to a Slidebar Rock ‘N Roll Cafe employee (with a direct line to Police Dispatch)?
How about Judge Chaffee walk a mile in Kelly Thomas’ shoes instead of demanding that our City Council walks a mile in Cicinelli’s? After all, asking our council to walk a mile in Cicinelli’s shoes is asking them to walk a mile in the shoes of a sociopath (also from the Gennaco report):This is why we need police reform. This is why we need oversight. If you didn’t think the deck was stacked against you just keep in mind that a judge just ruled that Jay “Savage Person” Cicinelli was unfairly fired because a councilperson dared to ask questions and demand answers of our corrupt police force.
Unfair? Don’t forget that one of our officers WAS JUST INDICTED for a cover-up with the Joe Felz incident. This is the legacy of former Untouchable Police Chief Danny Hughes.
My hope is that the council tells Judge Chaffee to kick rocks. They should address this bias nonsense straight out and immediately, list all of the policy violations and problems with Cicnelli’s conduct on the fateful night Kelly Thomas was killed and then vote to uphold Cicinelli’s firing.
Taking a brief break from the non-stop coverage of (mostly) bad news from the Fullerton Police Department, we have received our first candidate response to the FFFF Candidate questionnaire, and it is realtor Johnny Ybarra, who is running in District Five.
To reiterate: all City Council candidates for the 2018 election are strongly encouraged to respond to the questionnaire and their responses will be reprinted in full at our earliest opportunity. All candidates have received the questionnaires already and we hope to hear what the other candidates have to say soon.
Our original questions, and Mr. Ybarra’s responses, are as follows: