The Cop Playbook. Public Safety Has Nothing To Do With It.

For paranoia, sheer cynicism and demonstration of unbridled self-interest there’s nothing that can beat this “playbook” created by the law firm of Lackie, Dammeier & McGill for use by their clients: cop unions.

See how many of these tactics strike you as familiar in Fullerton. Paranoia, cynicism and self-interest. Check, check, check.

 

Lackie, Dammeier & McGill
Former Cops Defending Current Ones

Negotiations After Impasse – Association Options
In gearing up for negotiations, hopefully your association has developed some political ties with members of your governing body. Now is the time those political endorsements, favors, and friendships come into play. When negotiations reach an impasse, the association will have options which may be utilized simultaneously, or one before the other.

Political Option
As most association leaders already know, associations should be selective in their battles. However, this does not mean that the association should roll over for everything either. Association respect (by the employer) is gained over years of actions or inactions. Associations who rarely, if ever, take things to the mat or challenge the employer gain little respect at the bargaining table or elsewhere. The flip side is also true. Those associations that battle over every minor issue may be seen as an association that simply cannot be pleased, so why bother. While it is a fine line, somewhere in the middle is where you want to be. The association should be like a quiet giant in the position of, “do as I ask and don’t piss me off.” Depending on the circumstances surrounding the negotiations impasse, there are various tools available to an association to put political pressure on the decision makers. A few things to keep in mind when utilizing these tools are the following:

Public Message
Always keep this in mind. The public could care less about your pay, medical coverage and pension plan. All they want to know is “what is in it for them.” Any public positions or statements by the association should always keep that focus. The message should always be public safety first. You do not want wage increases for yourselves, but simply to attract better qualified candidates and to keep more experienced officers from leaving.

The Future
Also keep in mind that once the fight is over, you and your members will still be working there. Avoid activities where one or just a few members are involved who can be singled out for retaliation. Always keep in mind your department policies and the law. You should be in very close contact with your association’s attorney during these times to ensure you are not going to get yourself or any of your members in trouble. For associations in the Legal Defense Fund, please keep in mind that concerted labor activity should always be discussed with the LDF Trustees prior to the activity to ensure coverage.

Let the Debate Begin
Again, the ideas listed below are not in any particular order. Just as in your use-of-force guidelines, you can start with simple verbal commands or jump to a higher level, based on the circumstances.
Keep in mind that most of these tools are not to deliver your message to the public but are designed to simply get the decision makers into giving in to your position.

  • Storm City Council – While an association is at impasse, no city council or governing board meeting should take place where members of your association and the public aren’t present publicly chastising them for their lack of concern for public safety.
  • Picketing – Plan a few well organized picketing events. Keep these events spread out to avoid burning out your membership.
  • Public Appearances – During impasse, the association should make known at every significant public event, such as parades, Christmas tree lightings, the Mayor’s Gala and any other event of interest to the decision makers, that the association is upset about the lack of concern for public safety.
  • Newspaper Ads – Again, keep the message focused on “public safety.”
  • Billboards – Nothing seems to get more attention than a billboard entering the city limits which reads that crime is up and the City could care less about your safety.
  • WebsitesGardenGroveSucks.com was a big hit.
  • Job Fair – Getting your members to apply at a large local agency, which causes an influx of personnel file checks by background investigators always sends a strong signal. Keep this for last, as some of your members may ultimately leave anyway.
  • Work Slowdown – This involves informing your members to comply closely with Department policy and obey all speed limits. It also involves having members do thorough investigations, such as canvassing the entire neighborhood when taking a 459 report and asking for a back-up unit on most calls. Of course, exercising officer discretion in not issuing citations and making arrests is also encouraged.
  • Blue Flu – This one is very rarely used and only in dire circumstances. As with all of these, please consult your association’s attorney before even discussing this issue with your members.
  • Public Ridicule – Blunders by the City Manager, Mayor, or City Council members or wasteful spending should be highlighted and pointed out to the public at every opportunity.
  • Referendum / Ballot Initiatives – Getting the public to vote for a wage increase is seldom going to fly, however, as a pressure tactic, seeking petition to file a referendum on eliminating the City Manager’s position for a full time elected mayor may cause the City Manager to rethink his or her position.
  • Mailers – Again, the message should be for “public safety” in getting the public to attend city council meetings and to call the City Council members (preferably at home) to chastize them for their inaction.
  • Campaigning – If any members of the governing body are up for election, the association should begin actively campaigning against them, again for their lack of concern over public safety. If you are in a non-election year, make political flyers which you can explain will be mailed out the following year during the election season.
  • Focus on an Individual – Avoid spreading your energy. Focus on a city manager, councilperson, mayor or police chief and keep the pressure up until that person assures you his loyalty and then move on to the next victim.
  • Press Conferences – Every high profile crime that takes place should result in the association’s uproar at the governing body for not having enough officers on the street, which could have avoided the incident.

Of course, other ideas that cops come up with are very imaginative. Just keep in mind, the idea is to show the decision makers that the public favors public safety and it will only harm their public support by not prioritizing you and almost equally as important, to let them know that next time they should agree with you much sooner.

Jan Flory Talks About Sex and Water

Correct. We do not want you to discuss sexy issues.

Okay this post is not about Jan Flory discussing anything remotely “sexy” because the thought of that…well, never mind.

The post is about her latest Facebook scribblings in which she opines on a subject near and dear to the hearts of Fullerton reformers: the illegal 10% tax on your water that the City collected for the past 15 years. $27,000,000 worth.

First I’ll start by stating what you could have already guessed. Jan Flory does not want you to get a refund of the theft. In her world-order the taxpayers are meant to be milked, not refunded.

Her assertion that the collection was “illegal” the past three year is a bad lawyer’s half-truth that amounts to a bald-faced lie, of course. It has been illegal for 15 years, six of them on her watch as a council person. The City has a legal opinion that it is only obligated to refund three-year’s worth of the theft. Not the same thing, is it? Of course Mrs. Flory is desperate to disassociate her name with the tax. Too late. She is on record in the 90s as having known it was wrong and doing it anyway.

Mrs. Flory and her ilk love footling committees, especially when they are selected by ozone brains like Jone, Quirk, McKinley and Bankhead. Even better are the “consultants” selected by staff who give them their marching orders. The “report” cooked up by the water rate consultant was so evidently bogus that it hardly needs to be restated. But I will: their goal was to gin up as much phony cost as possible to keep the bureaucrats greedy little fingers on that 10%. Flory may think this gives her cover, and under the old Culture of Corruption it would have. Not any more.

The 10% was expressly collected  to cover specific City staff costs associated with the water utility. However, it turns out that those departments were already charging directly to the Water Fund. Which is why I am happy to refer to the tax as an illegal theft.

And another point: it’s real easy to say that the illegal tax should be refunded to the Water Fund for capital improvements. That’s convenient, but immoral. The tax that was collected had nothing to do with infrastructure. Nothing. True infrastructure costs should be rolled into an effective rate for water transmission, a correction of years of mismanagement by Mrs. Flory and her cohorts that still needs to be done. Confusing these two issues is simply a convenient way for the perpetrators to hide their crime and their dereliction.

Now, let’s address the issue of the reserve funds, a subject that Mrs. Flory wants people to believe she knows something about. There is no need to empty these accounts to pay refunds. No, indeed. I find it remarkably disingenuous for anybody to assert this, especially given just two of City manger Joe Felz’s most recent “cost saving” measures.

First there was the egregious relocation of former Redevelopment personnel into General Fund departments for which they had no apparent expertise. Most recently the City contracted out your graffiti removal services for $120,000. Yay! Big savings, right? Wrong. The city employees were simply reassigned to other  jobs in the Engineering Department that were vacant. Net cost savings? -$120,000.

The City just missed an opportunity to shave a million bucks off its payroll costs. Of course, my point is that the General Fund is far from depleted.

Finally, in closing, I would submit that Mrs. Flory knows more about witching hours than any of us. However, if she doesn’t like staying up that late every other Tuesday night, then she has no business on a city council. And it’s really too bad that the Council is scheduling special meetings to attend to the people’s business.

Mrs. Flory’s little rubber stamp has been put away and locked up.

What To Do About The Illegal Water Tax

On Tuesday the City Council is scheduled to discuss what they want to do about the embarrassing fact that the City charged an illegal 10% tax on our water bill for fifteen years, amassing a total rip-off that easily topped $25,000,000. The funds were deposited in General Fund and mostly went to pay for salaries and pensions of City employees that had absolutely nothing to do with the acquisition and transmission of water – the ostensible purpose of the levy. It even went to pay for four-star hotels for Councilmembers’ League of City junkets.

Some folks think reparations are due, in some fashion, to the rate payers that got ripped off. But how? A check in the mail? Lowered rates in the future? Repayment from the General Fund to the Water Fund?

The City doesn’t have $25 mil laying around, and rebates in the future for past indiscretions would certainly create inequities. Going back just a few years for reparations may be a logical and practical step. Repayment from the General Fund over time may be the only recourse and would certainly address the original purpose of the “in-lieu fee” which was the cost of delivering water to the people and businesses of Fullerton. However it should be pointed out that the the 10% that was raked off was never connected to the true cost of the water in the first place.

Another question to be dealt with is what is an applicable rate for miscellaneous City costs that are currently unrecompensed by the Water Fund? There isn’t much unaccounted for, and the “consultant” for the Water rate Ad Hoc Committee tried to cook up some phony percentage between 6 and 7 based largely on the cost of the City charging the Water Fund rent!

This raises all sorts of embarrassing questions about why the Water Utility was not permitted to acquire all this valuable real estate in the first place, dirt cheap, if now it is to be treated as a separate entity; and how a landlord can negotiate rent with his tenant when they are both one and the same person. In any case there is a new council that is a lot less likely to cave in to this sort of nonsense than the old stumblebums.

In any case, I want to mention a couple of things. First, the perpetrators of the scam need to be identified and chastised for their complicity in the tax: they would be all of the former councilmen of the last 15 years who let this happen; the city managers Jim Armstrong, Chris Meyer, and Joe Felz, who participated in the scheme and who either knew or should have known it was illegal; and let’s not forget Richard Jones, Esq., the City Attorney, who was there every single step of the way and damn well knew it was illegal. Second, Joe Felz’ obvious strategy of stalling and temporizing on this issue, aided and abetted by the Three Hollow Logs and Sharon Quirk, protracted the rip-off by another full year and compounded the problem even more, even as they knew the jig was up.

It should be interesting to see if any of our aspiring council candidates show up to share their wisdom on this subject.

What do you think?

 

CSUF Giving Up on “University Heights” Fiasco?

Those birds won’t be coming home to roost. Not if CSUF can help it.

A few years ago Cal State Fullerton decided to get into the housing business for its employees. Why public employees should get any sort of preferential treatment for housing is beyond me, but that’s the society in which we live.

Anyway, the whole thing turned out to be a massive disaster, but not an embarrassment, of course, for such things are not permitted in the lofty ether of educratic circles. FFFF posted about it here, and here.

Recap: the university made a deal with the Elks for land up on Elk Hill and sold a bond to build a bunch of cookie-cutter tract duplexes that were to be sold to professors and administrators, and such like, and subsidized by you and me. The only problem was that an underlying deed restriction required sale to others in the same category, an encumbrance that turned out to be a lot more than a mere nuisance, especially when real estate prices were plummeting all over the place.

The university also had the responsibility to make monthly payments to the Elks for their land, which were to passed on to lucky buyers: a sort of Mello-Roos arrangement, if you will.

The eggheads never made it to Egghead Hill

But nobody was buying. So the university opened up residence to any government workers. Still no sales. Finally they just started renting them out to anybody with a cleaning deposit and first month’s rent. Could it get worse?

Looks like it could. Persistent rumors suggest that CSUF wants out of the University heights disaster altogether by completely removing the deed restriction and just selling them off – individually or as a group – no doubt at fire sale prices. They obviously need the cash.

The losses on the original deal would be quietly swept under the rug – no doubt with diminishing fund balances bailing out the catastrophe.

And what for? According to an acquaintance at Western Law School, CSUF wants to buy their facility for $20,000,000, give or take, and metastasize across State College.

It’s pretty clear to me that the CSUF appetite for real-estate wheeling and dealing is insatiable, even as the CSU system teeters on the financial brink. It’s also clear that nobody is going to be held accountable for the University Heights quagmire. F. “Dick” Jones, the City mastermind, is recalled; his buddy, former City manager Chris is fatly pensioned off; Bill Dickerson, the CSUF architect of the fiasco is retired, too. CSUF President, the dopey Milton Gordon? You guessed it. Gone, as well.

Would it be asking too much for our State Assemblyman Chris Norby to demand an inquiry on what unfolded up on Elk Hill?

 

The Shame of The Human Relations Commission

Three minutes elapsed. Nothing was said.

There has been a lot of boohooing lately about the future of the County’s Human Relations Commission. As usual, it seems that those doing the biggest drum beating for the continued taxpayer funding of this love fest are the folks who don’t want to chip in for the cost.

Right now the County pays $302,000 a year to the Human Relation Council (a 501(c)(3)) to provide “staff” for its Human Relations Commission. The reason why these folks think we need a Commission at all is that they believe having the County seal on their letterhead confers some sort of governmental prestige and gravitas. That’s how these folks think about government.

The Council employs a fellow by the name of Rusty Kennedy about a hundred grand to be the Commission’s Executive Director, a job he used to hold as a public employee of the County, and a job for which he now pulls down an annual pension of over $120,000 per year. Yowza! $220,000 a year!

Ironically, the very failures of Kennedy and his commission are being touted by him as success stories. The most egregious of these alleged successes are the race tagging of Santa Ana Councilwoman Claudia Alvarez after she made a boneheaded comment about Adolf Hitler; and of course even worse, the diversionary scam known as the Homeless Task Force, at the behest of the cover-up artists on the Fullerton City Council. In the first case, after he played the irrelevant race card, Rusty had a neat interracial controversy to address. Nice. In the second case, a genuine hate crime, perpetrated by his pals  in the Fullerton Police Department against Kelly Thomas, was glossed over.

By focusing on the fact that Thomas was mentally ill, and homeless, and that many others are too, the Task Force conveniently ignored the fact that neither his homelessness nor his mental illness were the proximate causes of Thomas’ death. That responsibility lay with the City and its goons, it was a murder – a fact that would necessarily be awkward for Kennedy and his Task Force to address given his cozy relationship with the Establishment and with the police chiefs of Orange County.

Fortunately, the City’s attempted sleight of hand failed; the recall and subsequent legal actions will demonstrate who did what, and when. But this failure should not cause us to forget the craven role of Mr. Kennedy in this shameful episode.

The time has come to defund this useless operation. Let the non-profit Council peddle its race relations mission. It collects charitable contributions from people who believe in its mission and its behavior. Time to get the rest of us off the hook.

 

$6,000 Bonuses Part of Fullerton Water Rate Hike

As the Fullerton City Council prepares to hike water rates as “pass-through increases” I thought it would be good to share the sweet deal MWD employees get on April 1, 2012 (no, its not a joke) and see just what is being passed through to us.

Come April 1st the employees of MWD get a $6,000 bonus as part of their contract.

9.3 Effective the first day of the pay period that includes April 1, 2012, each employee in the bargaining unit shall receive a one-time only payment of $6,000 which shall not be considered part of the employee‘s regular pay.

If that wasn’t bad enough, July 1, 2013 MWD employees will get a 0.25% raise.  And if you think 0.25% isn’t much of a raise, consider what else gets slipped in.  How about creating “higher steps” for employees who have hit the salary ceiling and giving them raises as well?

9.4 Effective the first day of the pay period that includes July 1, 2013, there shall be an across-the-board salary increase of 0.25%. In addition, all bargaining unit classifications shall be moved two (2) salary grades higher (approximately 2.75% for each grade), and placed at the equivalent salary step in the new grade (e.g. an employee at step 11 on June 30, 2013 would be placed at step 9 of his new salary grade).

All bargaining unit employees will be place on the same evaluation date, and will receive a performance evaluation for the period ending July 1, 2013. Employees will be eligible for a merit increase pursuant to ARTICLE 65—MERIT INCREASES.

These generous employee benefits are being passed along to Fullerton water customers in the form of “pass-through” rate increases.  When the City Council pushes for a rate hike this year, be sure to speak up in opposition.  The City Council will be happy to pass the buck so long as we sit quietly and let them.

You can read the MWD employee agreement here.

Fullerton’s Water Rep to Step Down

Amid Fullerton’s water rate debacle the City’s representative on the Metropolitan Water District of Southern California announced Tuesday that he is stepping down.  After representing the City of Fullerton for 24 years on the MWD Board of Directors, Jim Blake says he is done.

Jim Blake

It is rumored that Fullerton’s retired city manager Chris Meyer is looking to be appointed as Blake’s replacement but that will require a majority vote by the Fullerton City Council.   Since City Council Members Bankhead and Jones appointed Meyer as City Manager in 2002, there is little doubt that they wouldn’t give him the MWD nod as well.

However, with Fullerton’s water rates under scrutiny and an illegal tax being batted about City Hall for justification, you have to wonder how much of the water mess can be attributed to Meyer- not to mention the rest of the City’s countless woes.

An appointment of Meyer to the MWD Board might bring further outcry to City Hall, something the new Mayor might wish to avoid. Since August the Council members have been cussed at, cursed at, sworn up and down, and yelled at.  They are now being held accountable for their general lack of leadership by a campaign to recall three members, Mayor Pro Tem Pat McKinley, and members Don Bankhead and F. Dick Jones.

Many believe that the appointment should be filled by a current council member so that they can be held responsible by Fullerton voters for their actions on the Board.  Currently, Blake is answerable only to the Fullerton City Council.

If the appointment is to be held by a non-council member, then the process should be open to ALL candidates equally like any other council appointment to a commission or committee.

Whoever is appointed will be tasked with a massive budgetary shortfall that rivals Sacramento’s. The appointee will be asked for double-digit rate hikes and even more spending.  They need to know the water industry and even more about public policy and long-term investment solutions.  They need to know Fullerton and not just through the myopic eyes of service clubs.

Fullerton deserves an accountable and credible representative on the Metropolitan Water District of Southern California.

Will Merging Water Districts Help or Harm Fullerton?

Earlier this month Terri Sforza wrote about a possible merger between Metropolitan Water District and the Orange County Water District. For years the Orange County Register has pointed out the redundant and ridiculous overlaps in these two agencies and how it makes sense for taxpayers, or rate payers depending on your view of payments to government bureaucracies.

How much money would be saved by such a merger seems to be open to debate but Sforza thinks at least $1-million right from the start.  Putting the $1-million in perspective, Sforza notes that it is just a drop in the $300-million revenue bucket for the agencies.

What could go wrong?

Currently, the Orange County Water District is a “member agency” of the MWDOC.  These multiple layers of bureaucracy removes the people, water users and voters, further from the decision-making table.  Perhaps a merger will bring Fullerton voters and water users closer to the table of managements’ fiduciary responsibility to the people they serve.

As it stands, Fullerton voters get one single vote from Mayor Pro Tem Don Bankhead who represents Fullerton voters on the OCWD Board of Directors.  That is one vote out of ten cast on each issue before the Board.

No one knows what a merger will mean for Fullerton.  All we can do is wonder if a bigger water agency equates to a better water agency for those who foot the bill.  If history has taught us anything it is that bigger government is not better government.

REMINDER:  The Water Rate Study Ad Hoc Committee’s last meeting is tonight at 6:30PM at Fullerton City Hall.  Don’t be shy, we’re in this together.  Speak now or pay later!

So How Did Hugh Hewitt Get Onto the OC Children and Families Commission?

Here’s a post we ran last summer. Why is it timely? Beacuse I noticed on Tuesday’s Board of Supervisor’s agenda an item to reappoint all of Supervisor Bill Campbell’s minions on the OC Children and Families Commission – including Hugh Hewitt – who is not legally qualified to be on the Commission in the first place.

Empires of Hypocrisy World Tour

P.S. Apparently you can join Hewitt on a cruise! If you decide to go be sure to ask him to explain the complicity of a “conservative”  on a big, liberal tax-redistributionist scheme. Let us know if you get a coherent answer!

– admin

And what useful purpose does he serve there?

According to the State Health and Safety Code, and the County Code that created the “First Five Commissions” (pursuant to liberal activist Rob Reiner’s successful tax and redistribute Prop 10), the commissions are made up of people in the kiddie welfare biz.

Which brings us to Hugh Hewitt, whom Gustavo Arellano has described as a “conservative yakmouth.” We’ll leave aside the conservative tag for a bit and reflect upon the fact that Hewitt is a lawyer, talking head, writer (when not being ghost written for by Matthew J. Cunningham), etc.

Here are the minimum qualifications, per the Code, for the membership category in which Hewitt is enrolled:

A representative of a local child care resource or referral agency, or a local child care coordination group, or a local organization for prevention or early intervention for families at risk, etc…

Say what?

Since Hewitt is clearly not recognizable by the Code’s definition, we are entitled to inquire and speculate about the real reason this ‘pug is on the Commission. Could it be simply to help ratify contracts to his pals and buddies at the behest of Commission Chairman Bill Campbell, the avuncular cipher who represents the 3rd District on the County Board of Supervisors? Campbell appointed him.

That's not a road apple. That's equine feces!

And maybe he is there to help his old friend Cunningham put some sort of conservative polish on this big, liberal road apple.

DA Invites New Investigation of Ackerman Lobbying

You can talk to my lawyer.

In a follow-up post today The Voice of OC(EA) Norberto Santana describes the (lack of) investigation by our do-nothing DA Tony Rackauckas into the evident illegal lobbying of fellow repuglican Dick Ackerman. Of course the DA could find no wrondoing. Not looking for evidence is an excellent way of not finding any.

Now that Ackerman’s actual invoices have surfaced, revealing what we have know for over a year, and what was based on the Dickster’s own words, the DA seems to be a little nervous. Here’s what his spokesholess Susan Kang Schroeder had to say:

“The evidence we had supports the findings we made,” she said. “If anyone has further evidence that is contrary to the evidence we have, we’ll be glad to look at it. And it may bring us to a different result.”

Further evidence. Of course she means all that embarrassing stuff that would have actually been part of any sincere investigation in the first place, and that would have freed the DA from having to rely entirely on Ackerman’s say-so for the truth. But the important thing here is that the DA is apparently welcoming new evidence. And since that evidence has already been published on a blog and is in the public domain, may we assume a new and this time an honest investigation is in the offing?

Hold your breath if you feel like it!