The Slow Drip of Deficit Spending – Part 1 of an Endless Series

The Mayor likes to say that we have a “Balanced Budget” and that we’re making great strides on our roads, parks, et cetera. All of this in spite of closing the Hunt Branch Library, having rundown parks and having to beg, borrow and steal from our City reserves every year to keep the lights on. Why?

Oh, because we send people to Canada. That’s one reason why.

canada1

canada2

We sent five people to Canada because apparently PowerPoint, Video Conferencing and YouTube don’t cost the taxpayers enough money.

As far as we can tell the City of Fullerton sent Anthony J. Bogart (Police Sergeant), Cesar A. Navarro (Lead Police Dispatcher)m Julie A. Langstaff (Police Technical Services Manager), Christopher J. Overtoom (Information Systems Assistant) & Helen M. Hall (Information Technology Manager) to a conference in Ontario about “Thinking Forward” in policing. But hey, at least according to the agenda they got to attend a Curling Bonspiel on our dime so it wasn’t a total waste of money.

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Stay tuned as we show off some more bang that we’re getting for our collective bucks.

The Mayor Game!

Arf!
Arf!

Yes, Favored Friends! It’s time once again to play…The Mayor Game!

Every December our illustrious city council elevates one of their own to assume the august tile “Mayor.” The Mayor of Fullerton gets to preside at meetings and that’s about it. Almost a kind of booby prize if you think about it. And yet our elected representatives lust after the title, particularly if there is an election the following November.

Uneasy lies the head that wears the crown...
Uneasy lies the head that wears the crown…

For years the selection was fraught with political tension as the repuglican old guard, orchestrated by the odious Dick Ackerman contrived to keep Dems (and Chris Norby) from ascension to this lofty estate.  In recent years though, the process has become less political. The Council even adopted a process for non-partisan rotation in which it would be the turn of the that person serving longest without wearing the bejeweled tiara. This process is not enshrined in any law or code. It’s just sort of a Gentleman’s Agreement between people who really don’t trust each other – and for good reason.

The humble office of Mayor Pro Tem serves as the approach to the green and thence the flag.

Will the bonhomie last?

It was a rough landing...
It was not a smooth landing…

The current Mayor Pro Tem is my broomstick-wielding former mistress, Jan Flory, who will mercifully be out of office in a week or so. This means that it is Councilman Bruce Whitaker’s turn to shimmy up the greasy pole. Whitaker became mayor in the Fall of 2012, but it wasn’t without nervousness since it was well known that Flory and Bud Chaffee opposed him. But Jennifer Fitzgerald was given a directive and fell into line. But that was then.

What, me worry?
What, me worry?

 

Another wrinkle this time is that both Whitaker and Fitzgerald are rumored to be seeking the job of 4th District County Supervisor in 2018, and running with title of mayor next year would be just dandy, at least according to conventional wisdom.

So will the new council stick to its own policy or will they dump it? Will the new guy, Jesus Silva go along, or will he cut a deal with Fitzgerald and Chaffee to the exclude Whitaker? In the past it was not uncommon for councilmembers to gin up any stupid sort of excuse to keep the incumbent in place for another year.

In the end what it takes is three votes, and everything else is eyewash.

And now I must to attend to my nether parts.

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.

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Map 8A Won’t Represent You

map8a-council2016

Well voters have spoken and District Map 8A will be how Fullerton is divided for the next two coming elections. Do you know how it’ll play out?

No. You don’t. You don’t because neither does the city and they don’t because nobody thought to figure it out first. Not even the people on Council when the lawsuits on this issue were settled.

Do you know what districts will be up for a vote in 2018? Nope. That hasn’t been decided yet.

The assumption is that it’ll be districts 2 & 5 because 2 is where Chaffee resides that he’s up for re-election in 2018 with nobody else living in his district and 5 because nobody on Council is a current district 5 resident. This is incumbency, and establishment, protectionist nonsense.

But Sebourn is up for election in 2018 as well so why not put district 3 up for a vote? Oh because that’s where Silva lives and therefore they’d have somebody in their district who is theoretically accountable to them. Therefore if Sebourn wants to stay on Council he’d have to move. Why not make Chaffee move instead? He keeps talking about how great Brea is so maybe it’ll prompt him to finally leave.

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Records Request? Denied!

A few people, myself included, who had records requests in with the F.P.D. and City Hall regarding the Joe Felz/Sappy McTree incident were emailed denial letters today. Mine was based upon Section 6254(f) and 6255 of the California Government Code and was sent to me by Greg Palmer of Jones & Meyer, the law firm for our City Attorney “The Other Dick Jones™”.

One records request was hilarious because it denies records to one party when the denial letter was actually sent to another party altogether. These lawyer folk sure are awesome with the details let me tell you and it looks like we’re getting our money’s worth.

The first part of my emailed denial got to me because it says that I can view the 911 call log at F.P.D. during regular hours. Oh really? I went and tried that and they told me to put in a records request which could take x-amount of time and now my denial letter for the audio/video tells me that I can go look at something that F.P.D. told me I couldn’t look at when I was at the desk.

Isn’t it amazing how well the government lies to people? It’s almost as though they do this on purpose to frustrate the commonners while avoiding any real transparency.

After reading this boilerplate nonsense I emailed back to dispute the lie argument that “The Other Dick Jones™” said at Council when he said that the video/audio couldn’t be released owing to it being a “Personnel Matter”. I pointed them to a California Supreme Court Ruling and they were clearly nonplussed. But they responded that that’s not what their letter stated and I was in the wrong because of what CA Government Code 6254(f) said by gum.

I’m the curious type so I went back and re-read 6254(f) and 6255 and it talks about releasing records “unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation.”.

So I asked what investigation? There was no citation and no arrest made so what was being investigated?

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Independent Person Wanted, Inquire Within

I'm bringing in my brother-in-law, Bob.
I’m bringing in my brother-in-law, Bob.

According to the City of Fullerton’s website the City Attorney is looking for an “independent person” to investigate the activities of our City Manager, Joe Felz. Here’s the PSA:

Can anyone apply?
Can anyone apply?

Now in the first place, the idea of of our mush-mouth City Attorney employing anybody not willing and able to deliver the right verdict on the events of Wednesday morning, November 9th, is ridiculous; but really, an independent “person?” Attorney Jones’s gardener? His CPA? His car detailer?

Seriously, though, the hiring of an investigator by the City and calling him (or her) independent is a complete farce. For there is a fundamental conflict of interest here, just as there is for the Fullerton Police Department to investigate their own boss. I can see it, you can see it. Probably even comically ardent FPD supporters like Chaffee, Flory and Fitzgerald can see it. But unlike us, they don’t care.

The truth of what I’m saying is pretty evidently contained within the facts of this situation: it is not a personnel matter. Joe Felz was driving home from a series of private parties in Downtown Fullerton’s Liquor Row. He was not on duty, he was not engaged in any official capacity. He was just a guy fidgeting with wires under his dashboard who ran off the road, knocked over a tree, churned up some dirt with spinning tires, moved on down the road a bit, was interviewed by the cops, was given an okie-dokie by them, was driven home by them, and was tucked into bed.

What does any of this have to do with Mr. Felz’s job as City Manager?

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.

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Karma Can Be A Bitch

The topic of drinking and driving has been in the Fullerton news the last few days. We all know the story involving City Manager, Joe Felz, by now so there’s no point in rehashing the details. Instead, I want to direct the Friends’ attention to the irony that surrounds us in life, sometimes almost like there’s some sort of cosmic plan.

Way back in August, 2012 at the start of the fall election campaign, Fullerton City Councilmen and candidates Travis Kiger and Bruce Whitaker, along with Greg Sebourn voted to turn back a $50,000 grant from the state to pay for those ridiculous DUI random checkpoints that are probably the least effective ways to corral drunk drivers.

The bars stayed open and the band played on...

Let’s let Fullerton’s in-house shrew, Jan Flory, herself a candidate that year, fill us in from an August 30, 2012 facebook entry:

OKAY, so let’s get this straight, our Tea Bagger councilmen (Kiger, Sebourn and Whitaker), voted to reject a $50,000 grant and send it back to the state because it was to be used for DUI sobriety checkpoints that they believe are unconstitutional. They did this without walking across the street and talking to Police Chief Dan Hughes, or Captain George Crum who wrote the grant application.

Whoops! They find out after the fact that $146,222 in additional grant funds were tied to the $50,000 for the sobriety checkpoints, soooo, if the $50,000 is rejected, then the $146,222 has to be turned back too. It’s not like our understaffed police department could use the money, right? Maybe they thought the state would know how to use the money better than we do at the local level. Massive miscalculation!

Miscalculation? Certainly, but not by Kiger, Whitaker, or Sebourn. The fact of entangling grant funding (if in fact it existed at all) was never shared with them by their own $200,000 City Manager, Joe Felz, or by $200,000 Police Chief Danny Hughes, both of who were just sitting there during the meeting. Why not? Possibly because they  had every reason to try to embarrass them and help get Flory elected. The consequent to-do with a MADD mob orchestrated by the FPD, and quite likely with the approval of Felz and Hughes themselves, was quite entertaining. Whether they knew about a link at the time, they sure found out fast, so fast that one might suppose a little back-room political shenanigans.

So now, let’s return back to late August, 2012 and hear again from the vinegary Flory as she regales us with her demagoguery :

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A Sober Take on the FPD & Joe Felz

I’ve gotten some praise and taken some heat personally for being a part of bringing this blog back online after it’s hiatus because anybody who knows Fullerton politics knows that F.F.F.F. has it’s fans and its detractors. When I found out that there was a new owner I was excited and more so when asked if I wanted to participate as F.F.F.F. gives me an outlet to continue the writing I was doing on my own site without feeling like I’m still running for office.  We were still in the planning stages when that memo from Chief Hughes popped up and now we’re off to the races.

We need to understand the context of this memo and why it matters lest the city sweep it under the rug and further erode trust in government.

To start we must admit that City Manager Joe Felz is culpable for his actions on the night of his accident but he is also culpable for the stain he has just put upon our city after 30+ years of work and it’s somewhat sad when a career might end in a downward trajectory. I barely know Joe Felz and up until now my interactions with him included me giving him grief to prove a lie the Mayor keeps telling about our roads. That said I have no personal animus towards him but the actions the night of the election by him and members of F.P.D. require due diligence and honest brokering of information which are two things constantly lacking from all levels government. For the sake of argument let us pretend that the most absurd rumor coming out of City Hall is true and he simply blew a tire coming around a turn and he was perfectly sober.

Felz himself, and the F.P.D. specifically, should have done everything in their power to remove any doubt or suspicion or wrongdoing to mitigate the allusion of impropriety, special treatment or worse. If he blew a tire and ran down Sappy McTree he could have left his car where it was and called AAA. He could have moved his car off of poor Sappy and parked and called AAA. Instead he decided to try and drive away and likely home. When Police arrived they could have done their jobs without getting the Chief involved until AFTER their initial assessments and inspections.

This isn’t armchair Monday morning quarterbacking or simple 20/20 hindsight because this is their job. Felz is the top man in our city and the F.P.D. has policy for this type of accident which we’ll get to in a minute. Everybody involved in this incident is paid handsomely to do their jobs and will help bankrupt our town with their pensions from these jobs so at a minimum we should expect that they do their jobs when called to a scene.

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