Meanwhile, Back @ the Ranch – Part 2

You pay the mortgage, we live in the palace…

When a government sues its own citizens you have the spectacle of a taxpayer having to pay for for his defense and pay for the legal attack upon him. And what a sad, Kafkaesque sight it is.

Another disgusting passion play is when governments use your money to try to propagandize you for their scheme to take more of your money.

Play it again, Ken…

And so very recently the Fullerton City Manager Ken Domer paid to survey the local gentry about the state of the city.

Dear Resident:

The City of Fullerton has hired an independent public opinion research company to conduct a public opinion survey to obtain feedback on key issues facing the City and identify residents’ priorities.

Thank you for participating in this important research.  Please click here to take the survey or copy and paste the link below into your web browser.

https://opinions-survey.com/index.php/survey/index/sid/242328/newtest/Y/lang/en/token/3065BT818751

Your participation and responses to this survey will be completely confidential. The identity of individual respondents and their individual answers to survey questions will not be shared with City staff or officials.

Please do not forward the survey link to others or share it to social media as it is personalized for each recipient of this invitation to ensure that the survey link will only work once.

Sincerely,

Kenneth A. Domer
City Manager
City of Fullerton

 

It’s a good thing the City has so much money to play with.

Lo and Behold! The survey is nothing other than:

  1. An attempt to get you to prioritize the various messes the politician and bureaucrats have created, and,
  2. Ignore the biggest problem – a vastly expensive, often criminal, and completely irredeemable police department; and,
  3. Subtly offer a 1% sales tax as a way to fix the problems; and,
  4. Failing that, howdja feel about a .75% sales tax? And,
  5. Gather that prioritization information you gave them to fashion their propaganda campaign for the inevitable tax.
The heart of the City celebrates another impending victory…

My advice is to ignore the survey except for amusement purposes and remember that we will have school district bond proposals on the ballot in 2020 as the insatiable maws of local government takes ever more and returns ever less.

Fullerton v. FFFF – New Judge, New Court Dates

OC Superior Court in Santa Ana

Things just keep on moving in the legal battles between us and Fullerton.

Yesterday the Hon. Judge Lee ruled that our two cases, Joshua Ferguson v. Fullerton and Fullerton v. FFFF, Joshua Ferguson, et al are related in response to our request for such a ruling.

As such we will no longer be gracing Judge Lee’s courtroom in Department C31 on 27 February 2019.

Currently we have a Status Conference regarding the City suing us on 12 Dec & a Case Management Conference on my Writ of Mandate case on 16 Dec in front of the Hon. Judge James Crandall in Department C33.

OC Superior Court Related Cases Dec2019

For context we argued, and the city opposed, the point that these two cases are related owing to them involving the same parties and general facts:

“[T]he two actions are based on similar claims, arise from the same transactions and events, and require the determination of substantially identical questions of law and fact. The CPRA lawsuit alleges that the City has improperly withheld records it claims are confidential or exempt from disclosure. The City’s lawsuit claims that in the process of responding to Defendants’ CPRA requests, it placed confidential or exempt information on its website, www.cityoffullerton.com/outbox. In both cases, the City has the burden to show that the documents are confidential.”

We’re of the opinion that the city’s case against myself and this blog is retaliatory owing to the fact that the city waited months to file their case and only did so AFTER I filed my Public Records lawsuit.

The city claims they waited to “secure their network” which is utter nonsense considering their own experts, in their own declaration, stated that the city needed approximately 30 days for the company Glass Box to fix their network (not Dropbox) vulnerability. Yet the city sent their original Cease & Desist email on 14 June, their letter to our attorney Kelly Aviles on 17 July and then they waited an additional 99 days to file their lawsuit against us on 24 Oct.

That’s a lot more than the 30 days recommended by Glass Box and sure is convenient timing. It’s even more convenient that the City had to vote “again” on 19 November “in an effort to clarify any Brown Act violations” when they refused to report out about their alleged vote back in September that Whitaker denies even took place.

I will be very surprised it the city does not attempt to appeal this decision to link the cases.

Transparency 101

As many Friends now know, the City of Fullerton has decided to move on from bullying language to actually sue FFFF. Here’s a summation from The Voice of OC.

Ken Domer
Domer. So much less there than meets the eye.

The City has also posted a ponderous press release on its website, written in the high dudgeon of a bureaucrat whom you suspect already realizes that diverting attention from his own bungling by blaming somebody else, may be harder to pull off than he had hoped. Here’s our $230,000 per year City Manager Ken Domer trying desperately to seize some sort of high moral ground:

“The City was forced into taking legal action to protect the privacy of current and former employees and the public, and to ensure compliance with applicable law to include the California Public Records Act,” stated Fullerton City Manager, Ken Domer. “We are working aggressively on behalf of those affected and took immediate actions to put in place a more secure information technology environment. These actions support our philosophy of transparent access to information while protecting confidential information from the unethical and illegal actions of a few.”

Now I don’t know about you, Friends, but I find the words “unethical” and “illegal” to be pretty funny tumbling out of the mouth of Domer, whose only aim in his short tenure in Fullerton seems to have been to fight a rear-guard action against transparency. Domer’s self-righteous indignation is comical coming from the lackey of serial liars on the City Council – people like Jan Flory who is, and always has been, dangerously allergic to the truth; like Jennifer Fitzgerald who has not yet seen an ethical barrier she couldn’t sidestep; and like Doug “Bud” Chaffee who was complicit in his wife’s phony carpetbagging address and stealing campaign signs she didn’t like.

The budget is balanced and the cops are tip-top. Or else.

We need only reflect on the way the City has bent over backwards to cover-up the scandal of Wild Ride Joe Felz to know that what Domer is peddling about is utter bullshit.

And as further proof (if we needed any), let us pause for a moment to consider the following snippet from Domer’s press release:

Based on evidence uncovered in our internal investigation and direction from the City Council, the City Attorney’s Office has now filed a complaint in Superior Court seeking a temporary restraining order against the involved Blog and its contributors.

Say what? Direction from the City Council? When O’ when did that ever occur? The issue of whether or not to take FFFF to court has never been publicly agendized and never voted on by the City Council. The subject has never been discussed by our marble-mouthed City Attorney, Dick Jones reporting out of Closed Session.

Domer says he has a “philosophy” of transparent access to information. His actions give us a crystal-clear view of what that philosophy really is: stall, hide, deceive, misrepresent, and ass-cover.

 

Bob Dunn – Killing of Kelly Thomas a “deep wound” – to the Fullerton Police Department

You have got to be kidding me.

Friday’s edition of the Orange County Register has a puff piece on how much progress Fullerton’s Police Department made in dealing with the homeless population. I can’t comment on the quality of the article, however, because I was unable to make it past this quote from Bob Dunn in the very first paragraph:

“Eight years have passed since the fatal beating of a homeless, schizophrenic Kelly Thomas by Fullerton police, but the tragedy remains a “deep wound” in the department’s psyche, says the city’s new police chief.”

Since our Police Chief is apparently unfamiliar with the meaning of the word “perspective”, allow me to provide some.

Kelly Thomas was a troubled individual, but he was a human being, and on July 5, 2011 he was essentially tortured to death in full view of hundreds of witnesses, all while apologizing and begging for his father. THAT is tragedy of Kelly Thomas, not the psychic boo boos the Police Department may have suffered.

Some things never change.

Pilfering Paulette On The Comeback Trail

Most people, after having been nabbed committing trespass and theft would at least lay low for a respectable period of time.

Paulette Stolen Sign
Caught Red Handed

But Paulette Marshall Chaffee, the former carpetbagging sign thief who quit the Fullerton City Council race less than a year ago is not respectable. She has decided to run for the Orange County Board of Education, a fairly obscure and almost totally opaque local agency.

One of our attentive Friends actually received a push poll promoting this miscreant. Just in case you don’t know a push poll is one of those phony calls that ask questions like: “if you knew Paulette Marshall invented a cure for cancer would you be more or less likely to vote for her?”

Paulette Sign Thief
Oops, She Did it Again

Well, I have a question of my own: what in the world are this woman’s qualifications? She can’t even steal campaign signs without getting busted.

Paulette and her doddering husband Doug “Bud” Chaffee have a long history of arrogance and indifference to the people of Fullerton, and so this move shouldn’t be too surprising.

And neither should it be surprising that we, the good folks at FFFF, will be conducting our own outreach: if you knew Paulette Marshall Chaffee plead guilty to theft would you be more or less likely to vote for her?

Priorities, Priorities…

Gives us your money. Or else…

Today the Voice of OC has outlined Tuesday’s Fullerton City Council vote to give the Culture of Corruption a vote of confidence. That’s right, Friends the police department with the worst corruption record in Orange County is getting a general pay raise. A big one in fact.

One of these people is a tax and spender. So is the other…

First we get to hear the obligatory boohoo tale from our imbecile mayor, Jesus Silva about how a cop with a growing family just can’t afford to live with the paltry crumbs doled out by the taxpayers of Fullerton.

Play it again, Ken…

Then we get to hear from our $230,000 a year City Manager, Ken Domer, as he focuses his keen, analytical mind on the issue:

“We’re about 18th in pay, but we’re also the sixth largest city in Orange County. So our pay is clearly not where it should be,” Domer said.

Notice how this dull blade conflates city population with deserved cop pay? This is just insulting. Is he that stupid or just have that low opinion of our intelligence? And notice the language: “clearly not where it should be” as if perhaps his moronic formula is actually validated somewhere by a scale he just made up. No, Domer, what’s not where it should be is the monster salary we pay you not to be stupid – or at least not to say stupid things that end up in the media.

If anybody cares, the vote was 4-1 with Bruce Whitaker voting no. The rest, of course, went along for the ride, even though the City’s finances are so precarious Silva is promising a new tax on the ballot next year. And no doubt the cop union that is more interested in keeping dues paying members than in the well-being of our city will be backing it big time.

Thar’ she blows…

And as our decrepit roads and infrastructure deteriorate ever farther, they will be used by the cops and the bureaucrats to leverage more revenue from us. Revenue that will go right back into employee compensation for the people who brought us the bad roads in the first place, and who have cultivated and protected the FPD Culture of Corruption.

 

Suicide by Cop vs. Murder by Cop

17yo Shot on Freeway

For some people the release of video showing  the “justified” July 5th shooting of a female teenager by a Fullerton policeman is cause for celebration. Well, we can store that information in the Sad Troll folder and move on. Really, though, one must linger over the sad state of affairs when the FPD has to broadly publicize the fact that their man didn’t kill anybody illegally, with malice or by incompetence.

What a difference eight years make, right? For on July 5th, 2011, and in the months following, the FPD made every effort to hide, lie about, obfuscate, deflect, and misdirect information in the wake of their illegitimate killing of the homeless man, Kelly Thomas.

Has the FPD opened a new chapter in its relationship with the public that supports it?

Maybe. I don’t know, but I doubt it.

When there is exculpatory evidence, it seems, the police are only too happy to release information; thus, within one week of the recent event, the dead teenage girl’s demise was the subject of an FPD press video, complete with  slow motion footage showing what happened. And yet when police actions are reckless, incompetent, or even criminal, the PR apparatus retreats into the bunker and cannot say a word.

We’re gonna kick your ass…

This is the twisted legacy of former Chief Pat “I Hired Them All” McKinley and the goon squad he imported from the LAPD.

What we have here is failure to communicate…

As we saw with McKinley’s second successor, Chief Danny “Galahad” Hughes, when something bad goes down the department has taken the position that the best medicine is not overdue reform, clean-up and real accountability, but a stiff dose of community relations and departmental tours. This, even as Hughes himself participated in the most dubious undertakings.

We aren’t very nice, but we sure are expensive…

Maybe someday police departments like FPD will come to realize that covering up for bad police work is itself bad police work; that the public that pays for their salaries, benefits and early “retirement” ought to be served instead of abused; and maybe, just maybe, people in California will start getting honest answers and timely, truthful information instead of phony or non-existent “internal” investigations, shifting stories, and outright deception from the police.

 

Your Voice Means Nothing to City Hall

Nextdoor Water Rate Increase Notice

Last month Fullerton requested feedback via Nextdoor and elsewhere from citizens regarding the raising of our water rates because our city is incompetent and decided not to repair infrastructure over the last several decades and now the bill is coming due by way of broken and rotting pipes.

So what we paid for already we need to pay for again and this time they pinky swear they mean to fix things. For realsies.

Those of you familiar with this blog should know about the “7 Walls of Local Government” which is quite possibly one of the best series of posts on local government ever committed to words in the modern era. If you’re unfamiliar go give it a read and then come back.

The 7 Walls, to many people, is simply theoretical so I wanted to offer this Fullerton water rate issue as an example of the walls in practice.

So here we have a form of Local Government Wall #3 –The Performance.

With the current rate hike under consideration the city claimed that they wanted feedback and in order for your “protest” to be counted you needed to sign a letter and email or send it in to the city. One person per household or parcel so hopefully you weren’t a renter or had more than one opinion in your domicile.

Just emails wouldn’t count, social media posts wouldn’t count and ACTUALLY SPEAKING AGAINST the increase at council wouldn’t count. To quote the city’s own FAQ:

“However, oral comments at the Public Hearing will not qualify as a formal protest of the proposed rate action unless accompanied by a written protest setting forth the required information.”

Gee, it’s almost like they wanted to limit it as much as possible all while claiming to be doing far beyond the bare minimum that’s legally required by law.

But they totally cared about your opinions or so they’d like you to believe and even told council.

Being one to not trust bureaucrats I challenged them on the premise and requested what they did with the “protests” they received up to and during the council meeting in question.

Here is the response:

Water Rate Increase Protests

They “were received, recorded and read by Public Works” and council only got a “response letter”.

That “response letter” was prepared early in order to be included in the agenda packet for the city council meeting on 04 June 2019 and was released to the public at approximately 6:15pm on 30 May 2019.

What this means is that council never received your protest prior to voting and thus those making the decision to raise your rates never heard what you had to say before voting.

Better yet – staff RESPONDED TO your “protest” possibly before you even made it. Any protest that came in after 30 May 2019 and before the item closed on Tuesday was just totally ignored. (more…)

Profiles in Courage

During a quick stop at the on-line Fullerton Observer I read an article by Jane Rands about a dope forum held by the folks at NUFF – an organization of mostly geriatric liberals whose mission seems to be to promote safely pro-government candidates and causes. Aha, thought I, perhaps someone will stand up for the rights of the people of California who have voted twice for marijuana legalization and twice have been thwarted, whenever possible, by the Drug Warrior/Prison Industrial Complex.

Weed Tribunal

The three members of a panel, selected by who knows who, were Ahmad Zahra, Temp Fullerton Top Cop Bob Dunn, and some dude named Richard Ham about whom I know nothing.

Whatever hopes I had about this get together were quickly dashed reading the article. Smilin’ Zahra, it seems, once got a prescription for medical weed for his fibromyalgia, but was too chicken to try it. Scary stuff. Ever the wordy equivocator, Zahra seemed to be all for lots of regulation because gosh darn it, the kids have already been exposed to cannabis by illicit shops popping up next to schools.

The large and seemingly self-satisfied Chief Dunn, who used to be a spokeshole for the notorious Anaheim Police Department, gave the usual cop-blather about the evils of drugs (kiddies were getting into mom and dad’s digestible stash!) and reminding Fullerton’s tremulous seniors that drug driving is a crime. In typical police fashion he suggested that a confused public causes his boys “a lot of effort with little return.” Same ol’ bullshit the cops have been peddling for 60 years. In a grand gesture of philanthropy, however, he did let it be known that he and his posse intended to follow the law. Gee thanks, Bob.

The third member of the Dope Troika was Mr. Ham, a Korean business guy in some sort of hotel business. Good thing he was there, because somebody was able to point out the all the flaws in the present system where cities are allowed to opt-out of legalization and the ultimate consequences of California ridiculous 2016 referendum: the maintenance of an illegal, underground system of cultivation and distribution.

Zahra proclaimed the meeting a “good start” begging the question of why in the world anyone needs to start considering these issues. Why there is any confusion about marijuana in this state after over twenty years of legalization? It’s because the cops and the cowardly politicians don’t want clarity, they don’t want freedom and they don’t want to be deprived of the seizure asset income they get from the War on Drugs.

Mr. Zahra did accomplish one thing. Because of the presence of Mayor Jesus and Jan Flory he warned of the dangers of a Brown Act violation, chasing our stalwart mayor out of the room.