Felz Blows Off the HJTA. Illegal Water Tax Ripoff Continues. Lawsuit Imminent.

The Howard Jarvis Taxpayers Association fired off another pithy letter to city manager Joe Felz last week, accusing him of intentionally delaying the termination of the illegal 10% in-lieu water franchise tax while continuing to collect over $100,000 per month from Fullerton residents in violation of the state constitution.

The letter states that Joe Felz verbally admitted to the illegality of the fee and promised action within a certain timeframe. But honesty is not a virtue within city hall, and nine months later Felz and his trusted council majority of Bankhead, Jones and McKinley still allow the city to continue its theft without comment or remorse.

Mr. Bittle closed out his letter with a threat of a class action lawsuit that would seek a refund on behalf of all Fullerton water users. As one of the 135,000 ripped-off residents, I’d say that’s a great idea.

 

The Insidious Theft of Our Sovereignty

UPDATE: As noted in the comment from Chris Thompson below, he did not learn about the Beechwood situation (whatever it is) from FFFF. This was my error. I misread the following comment made by Thompson in yesterday’s post: 

For clarity’s sake, I have NOT been briefed on any aspect of this story beyond the information which has been made publicly available in the meeting posted here.

I read this to mean that he had not been briefed at all. I do not know if he had an independent briefing from Hovey, but he was actually at the meeting in question. My mistake. I have edited the text below. 

In the past few days in Fullerton we have witnessed the usurpation of public sovereignty by government employees and contractors who seem to believe it is their right, not our representative’s, to determine what sorts of information the duly elected representatives are, or are not permitted to see.

First, was the protracted saga of Fullerton City councilman Bruce Whitaker, who for seven moths has been trying to get access to the video of  FPD cops beating Kelly Thomas to death. This is a pretty reasonable request, you would think, given the fact that the cops have watched and re-watched the video (Acting Chief Dan Hughes says he’s seen it 400 times); it’s been viewed by the DA; it’s been  watched by Cicinelli and Ramos’s lawyers; apparently it’s even been watched by Ron Thomas, father of the dead man. But for some reason the City Manager and City Attorney believe they have the authority to deny access of this public document to Bruce Whitaker, and have used the majority vote of the Three Dim Bulbs to continue to deny Whitaker access.

This is just an outrageous usurpation of the authority that accrues to elected officials by virtue of their popular election. Despite what the bureaucrats and their die-hard elected supporters believe, the sovereignty invested in the elected is indivisible and should never be confused with the practical exigency of majority rule that determines policy and decides the quotidian issues of managing a city.

And then, we have the very recent sad spectacle of a Fullerton School District trustee, Chris Thompson, not being adequately briefed on a matter involving a teacher at Beechwood Elementary School – a matter so serious that the Fullerton police were called in to investigate it, and an emergency parent meeting held. Whatever is going on, the Superintendant, Mitch Hovey decided that the trustees didn’t need to know about it.

The question of whether other trustees besides Thompson were briefed remains to be ascertained, and if so that would make matters even worse.

But here’s the really bad part. According to Thompson: Dr. Hovey informed me that he had been advised by the district’s law firm as to what information he could and could not give to the board members. He did confirm that he knows more than we do. 

Say what? That law firm doesn’t work for Hovey; it works for the Board of Trustees who hired them. It has no business collaborating with the Superintendent to decide what information can and can’t be parceled out to the Board. And anybody who doesn’t grasp this basic tenet shouldn’t be on the Board or work for it, either.

As Assemblyman Norby pointed out in his newsletter, it is both the right and the responsibility of elected officials to have reasonable access to public property and documents in order to do their jobs. The Legislative Counsel for the State of California said so. This precept is all about accountability and responsibility in our representative democracy.

So why is this basic concept being flagrantly flouted by Fullerton’s bureaucrats? Who is in charge here, indeed?

 

Travis Kiger Gets Key Endorsements

Travis and family

Just days after pulling papers to run in the Recall replacement election, Travis Kiger has received the full support of our County Supervisor Shawn Nelson, our State Assemblyman Chris Norby and Fullerton City Councilman Bruce Whitaker.

Said Chris Norby “Fullerton is very fortunate to have Travis as a candidate. As a resident and taxpayer in Fullerton I know we will be in good hands when Kiger is elected.”

Shawn Nelson echoed Norby’s comments. “Fullerton is in need of strong, conservative leadership. I live in Fullerton and I trust Travis to deliver on the promises of transparency and accountability.”

Travis Kiger represents the new type of Republican for Fullerton: one who believes in civil liberties, freedom, limited government, pension reform, a balanced budget, reasonable taxes and fees; one who opposes the sort of crony capitalism and corporate welfare that has been the hallmark of Fullerton “conservatives” for decades.

Most importantly, Travis stands for accountability to the citizens of Fullerton, without cover-up, condescension, excuses, or incomprehensible double-talk.

 

Pat McKinley vs. The FBI’s Crime Stats

Barry Levinson had his microphone cut off on Tuesday before he could finish his exposé on Pat McKinley’s boldfaced lie about crime under his watch. That’s OK, because we can just reprint it here for everyone to see.

By Barry Levinson

I recently saw Councilman McKinley appear on a PBS TV show that originally aired last October, called Inside Orange County hosted by David Nazar.

The Host asks Councilman McKinley: Should you be recalled and is it fair?

McKinley responds: No, I shouldn’t and it is not fair

Host: Why?

McKinley responds: Well I really don’t understand the, the allegations. The allegations I hired some people.

McKinley continues: I am very proud of the agency (i.e. the Fullerton Police Dept.) and what we accomplished over the 16 years I was there .

McKinley: We reduced crime every year I was there.

I had heard the comment about reducing crime by Candidate McKinley many times during his campaign for city council.

Here are the facts: The FBI statistics for the City of Fullerton from 2005 through 2009, the last 5 years that McKinley was Chief of Police are as follows:

Pat McKinley, I find it reprehensible that you would intentionally and repeatedly mislead the people of Fullerton and the country about the actual level of crime committed in our great city under your stewardship. Repeatedly you have reminded us that being a police officer has been your life’s work.  Yet you cannot even tell the truth about your own record as chief of police.

You have disgraced this city with your misinformation campaigns. You have disgraced this city with your stating that Officer Rincon was not guilty of sexual assault, and allowed him under your command to continue assaulting more and more women after the 1st ladies reported it to your department.  You disgraced this city by hiring Jay Cicinelli, who did not meet the minimum standards to be a police officer in Fullerton or for that matter anywhere in these United States of America.  Officer Cicinelli ended up beating an innocent man to death while he was lying motionless on the ground with a Taser gun that is supposed to save lives not take them.

FOR ALL THESE REASONS AND MANY MORE, PAT MCKINLEY MUST BE RECALLED.  And the only thing that is not fair about this recall is that you had the honor and privilege to be our police chief for 16 years and our councilman for another 2 years.   The damage you have caused this city, emotionally, ethically, legally and monetarily will take us literally decades to recover from.   That is the real injustice here!

I thought it sounded good.

Amerige Court—How to Give Away Public Land for $500

Mid-Evil Circus Revival revival

Last December The Fullerton Redevelopment Agency approved yet another extension to Pelican, the hapless developer of the gigantic Amerige Court project downtown. Readers will recall that this project was approved in 2008 over the objections of hundreds of people who saw it for what it was, yet another cheap looking, insipid  copy of the retail/loft model that is supposed to revive downtowns.

This time the now unemployed redevelopment staff allowed the developer to plan to rent the housing units at first, even though when it was first approved years ago it was supposed to be all about classing up the area by inviting the landowning gentry to move in and stare down the lawless drunks of Fullerton’s bar culture.

So two months ago, despite several people speaking out against the fourth (!) amendment to the original agreement, and no one speaking in favor of it, the extension was granted. Bruce Whitaker and Sharon Quirk-Silva dissented, having had enough of developer excuses for why they haven’t been able to build anything, but Bankhead, McKinley, and Jones predictably went along with this giveaway of taxpayer owned land in the heart of the city.

Well, that was back before Redevelopment disappeared last week, so now they have to do it all over as the City Council tonight.

Show up to watch developer owned politicians try to give away your land once again, if you let them.

Last week we showed you why the Three Dinosaurs were so willing to perpetuate this disaster of a project.

When you take their money, you have to do their bidding. Besides, if you can give away public land to build a monstrous and unneeded architecturally appalling project that will add more traffic to the area and tear down some really old buildings to do it, why wouldn’t you? Especially when the half of the development partnership that’s still in business gives you $500 to keep you from being recalled?

Tow Racket Leads to Yet Another FPD Lawsuit

A few weeks ago we told you all about the Fullerton Police Department’s attempt to protect the city’s tow monopoly through harassment of AAA tow truck drivers.

Now the OC Weekly is reporting that a suit has been filed against the FPD claiming that police officers harassed and intimidated tow truck drivers for competing against the city’s preferred tow vendor.

Read the lawsuit

The suit alleges that drivers from a Bob’s Towing were singled out and cited over 40 times for frivolous reasons while other companies’ drivers went untouched.  Officers Hagen and Ledbetter are accused of turning off their audio recorders for “off the record” conversations constituting harassment. Drivers have quit and left the city in fear.

Is the FPD violating these folks’ constitutional right to equal treatment under the law? That seems to be par for the course.

Of course, if the PD has been systematically denying it’s own citizens the benefits of fair competition, then this has undoubtedly caused drivers to be left stranded while AAA scrambles to find tow truck drivers willing to face the FPD.

And then there’s that big question we keep having to ask: Can a single month go by without the FPD drawing taxpayers into a major lawsuit?

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.

20120119-151759.jpg
The sigs
20120119-204416.jpg
The counting begins in the City Clerk's office.

Study Session at the Library

In case you’re not aware, there’s a “study session” this afternoon focusing on the water utility. According to the press release, it will cover all aspects of the city’s water utility, including “the public notification process and the legality of the ‘in-lieu franchise/property tax’ transfer of funds from the Water Fund to the General Fund.” The meeting is open to the public and will take place at 4:30pm in the new conference center in the main library.

Joe, Lou, and Mike; Does Anybody Know What’s Going On?

Here’s a couple of interesting e-mails from the final day of July, 2011, between Acting City Manager Joe Felz and soon to be MIA Police Chief Sellers.

The options were running out...

On the surface it seems that Acting City Manager Joe Felz is unhappy with Lou Ponsi for writing “Very Old” news. But maybe he is really upset that the public gets to hear (again) that the cops who killed Kelly Thomas had been out on the streets for over three weeks like nothing had happened; or that maybe Sharon Quirk looks like she is actually in charge. Sellers seems to be concerned with the latter, and he can already see the writing on the wall.

“Hopefully the remaining three council members don’t feel left out” is code for: “Make sure the Three Dead Tree Sumps get lined up, fast!”

“Lou is Not a bad guy from what I understand,” means that Sylvia Palmer and Andrew Goodrich have previously informed Felz that Ponsi is a reliable regurgitator of their crap.

By the way, is anybody else appalled by the weird punctuation and capitalization deployed by these $200,000+ per year bureaucrats?

 

It’s a Long Way to San Clemente

This letter just came in from councilman Bruce Whitaker, who seems to be a bit peeved that the wayward FPD is still slithering along without a leader. The pictures are courtesy of FFFF. Enjoy!

In less than a week, the City of Fullerton will be more than one year derelict in enforcing performance of a critical requirement outlined in its employment agreement with current Chief of Police, Michael Sellers.

I have frequently asserted in print, television and radio interviews that Sellers is in violation of a residency requirement (point #11) which states “Sellers will make a bona fide effort to relocate his primary residence to Fullerton no later than December 2010.”

'Twas the best of times...

Though hired two and a half years ago, Sellers continues to reside in San Clemente where his home is 43 miles from the Fullerton Police Station. Of California’s 69 cities with a population of 100,000 or more, Fullerton is the ONLY city whose police chief resides more than 40 miles away. The vast majority of California cities are served by chiefs who reside within the city they serve.

In my opinion, the clear intent of the council at that time was to compel Sellers to relocate to Fullerton, no later than December 2010. Merely making “an effort” would provide no value or benefit whatsoever, the intent was for him to live here. The Chief’s being less than an hour away was not just preferred, but essential. Since leadership in an emergency, and understanding fully the community one serves are core, critical requirements . . . without agreeing to this point, would Sellers even have been hired in the first place?

A strong case can be made that since San Clemente home values are 74% higher than in Fullerton there is no financial barrier for Sellers refusal to comply. In any event, it is Sellers burden to prove that he has met requirements in the employment agreement. Despite my efforts, an aggressive legal interpretation, one which would protect Fullerton taxpayers interests has not surfaced.

Fullerton? Just a distant memory now.

It is nearly 2012 and Sellers remains the Chief of Police, a current employee of the City of Fullerton. Immediate action is required to enforce this contract which even a year later is still being violated without consequence. It should have long ago been rendered “null and void.” It remains for the council majority to explain how “giving away public money” is a preferable course of inaction.

-Bruce Whitaker