Trying to look passed all of the bullshit the city has thrown at me
A quick catch up for those of you who might not know. The City of Fullerton is suing this blog, myself and David Curlee. We’re being sued for allegedly clicking on links on the internet and for this blog then allegedly publishing things from those links.
The city’s argument is, essentially, that we didn’t have permission to click links.
In discussing this issue lately I was reminded about a case from here in California from back when Arnold Schwarzenegger was Governor. What happened was somebody accidentally put an audio file online on the governor’s website that wasn’t supposed to be there and somebody from the Phil Angelides for Governor campaign found it and sent it to the press.
Immediately the California Highway Patrol (the CHP had authority) sprung into action to see if anybody had violated the CA Penal Code – the same section (502) that we’re accused of having violated.
A 38-page report was submitted and that was the end of the story.
Until now. To see if there were any parallels I put in a California Public Records Act request and got the 38-page report from 2007 and it’s findings are quite illuminating in context. Continue reading →
Fullerton just “separated from employment” 150+ non-union part-time staff. Why? Because despite years of Mayor Jennifer Fitzgerald’s lies about a “Balanced Budget” and our mythical reserve fund – we had no plan for a rainy day.
During meetings, myself, David and others warned the City Council that a downturn was likely in the future and with CalPERS continually raising our pension costs we needed to be smarter financially.
Fitzy & Flory wanted none of that and spent like floozies in Vegas throwing every dollar we had at every uniform in sight with Silva, Chaffee and so on along for the ride.
Now here are we looking at a month of limited tax revenue and 150+ people lost their jobs with the city. 150+ positions aren’t being eliminated – no no no, they’ll tax us more to fill those again later and cry about not being to staff the libraries and parks to justify the new taxes/fees and whatever added costs to us they can cook up along the way. But 150+ people are now wondering how they’ll pay their bills.
But let me drive this home for you some more – the city is suing myself, David and this blog because we allegedly clicked some Dropbox links in an account they sent us and told the world about in PRRs. Remember, according to Kimberly Hall Barlow this isn’t about publishing or the 1st Amendment – this is about alleged theft and “hacking” because we allegedly clicked some Dropbox links.
In the process of investigating that alleged crime, the city found out that their network (which has fuckall to do with Dropbox) was incompetently setup and they hired an outside firm to fix it. This was the reason they claimed they waited to sue us for months on end – that they had to secure their network – which again has fuckall to do with Dropbox.
The firm they hired, Glass Box Technology, has a contract with the city for $60k/month not to exceed $500k.
So far, according to the City Council approved Check Register, they’ve paid Glass Box $541,451.25 to date which is $41,451.25 over their “not to exceed” limit.
That’s over half of a million dollars SO FAR because the City found out that they suck at running their own network as a BYPRODUCT of suing us which has nothing to do with what they allege we did. This was an unnecessary expense that has to come out of next year’s General Fund because it’s yet another major cockup for which nobody will be held accountable.
How many of those 150+ people wouldn’t need to be unemployed right now were it not for sheer incompetence in City Hall? Seems that $500k+ would have covered quite a few part timers.
Then we have the expense of our idiotic City Attorneys, Jones & Mayer. Since this nonsense started back in June with their Cease & Desist letters, the city has paid Jones & Mayer $891,074.49. We have no way to know how to split that up or what to attribute to the lawsuit against us because City Hall has a long history of lying about funding and hiding expenses in the wrong accounts. Just because something is coded to the Library, might not mean it has anything to do with the Library.
But if we assume that just 5% of their work product can be attributed to the lawsuit against us, and considering the reams of paper they keep filing with the courts we know their billable hours are stacking mile high, we can attribute approximately $44,553 to this stupid lawsuit. Seems to me that’s a few more part timers who could still be employed were it not for the malicious lawsuit being pursued by Fitzgerald, Flory, Silva and Zahra.
We don’t know how much the city has paid their other experts or consultants in their pursuit of the evil “hackers” who allegedly clicked Dropbox links – some with my name on them – but so far we know it’s pushing $500k+.
Where there’s smoke…
Remember this come election time & demand answers from these idiots on council who would rather spend your money, and it is your money, attacking us over their own stupidity than spend it providing the very services they’re elected to oversee in our city.
Shame on Fullerton. Shame on Mayor Fitzgerald. Shame on the City Council for always squandering your money pursuing their egos instead of your best interests. Sure, they’ll blame the need to “separate from employment” those 150+ people on this “global pandemic” – but that’s only because they constantly spend all of your money elsewhere while lying to you about our “balanced budget”.
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.
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.
It’s not often that a sitting politician admits to violating the rights of the people but we’re seeing a lot of firsts here in Fullerton lately and the issue of ethics is no different.
Let us start by reminding the class that councilwoman Jan Flory is only currently on council because Ahmad Zahra sold out in record time and put her there. Despite Zahra’s peacocking and preening as a man of ethics and great concern for the Constitution and voting rights – he showed us early on that he’s an empty suit.
Now in an amusing twist of events it turns out that not only did Zahra and the council vote to kick our 1st Amendment rights in the teeth – his appointee Flory knew that what they were doing wasn’t going to hold up in the courts.
In a recent article [HERE] in the Voice of OC, Councilwoman Jan Flory said the following (emphasis added):
Councilwoman Jan Flory said while she respects the First Amendment, the privacy of city employees is also at stake. Like Whitaker, she said she couldn’t speak about the legal advice given to the Council during closed session.
“I think that First Amendment rights trump everything else, but I believe that Kim Barlow has done a good job in that the city also wants to protect Mr. Ferguson’s First Amendment rights,” said Flory in a Nov. 8 phone interview.
She said the First Amendment isn’t the core issue.
“That’s not what’s at issue here. What’s at issue is he (Ferguson) obtained records that are private,” Flory said. “Or have some implications concerning the confidentiality of our city employees as well as members of the public.”
Flory also expected the publication gag order to get blocked, at least temporarily, she said.
“Was I shocked by it? No, not at all,” Flory said.
So Jan Flory, as a lawyer, expected the gag order to get blocked?
On what grounds could it possibly be blocked? On 1st Amendment grounds, perhaps?
Why? Because the gag order against publishing was and is an illegal prior restraint against the 1st Amendment and as a lawyer Jan Flory might be familiar with this particular point.
Now according to The Other Dick Jones™ at the last council meeting the entire council, Flory included, voted for this 1st Amendment violating gag order back in September despite Flory expecting it to be shot down.
There you have it folks.
Jan Flory “thinks that First Amendment rights trump everything else” but that didn’t stop her from voting to put the boot of government on the throat of OUR 1st Amendment rights when it suited the CYA needs of the city.
While fully expecting the courts to slap the city’s illegal SLAPP lawsuit/TRO – she voted against the 1st Amendment on 17 September 2019 and then did it again on 05 November 2019. I’m sorry Jan, but your postulating about the importance of the 1st Amendment is meaningless when you yourself voted against Freedom of the Press not once but twice.
Missing person? Well, they better not show up. Or else…
The cops always ask us, when we dare to criticize their unlawful, corrupt,or incompetent behavior: who are you going to call when you need help?Sometimes the question evolves into a statement: I hope we’re gonna be there when you need us. Then it always comes across as a thinly veiled bit of extortion on the part of those sworn to uphold “public safety,” and are taking public money (lots of it) to do so. I’m reminded of the mob shakedown racketeer: jeez, it will be a real shame if something is happening to youse guy’s nice bisness.
But enough small talk. FFFF received correspondence today from a Fullerton resident who believes he recently made a big mistake calling the FPD instead of just relying on the kindness of strangers.
Here is the story in his very own words – as addressed to the Police Chief, the City Council and the District Attorney.
Date: Sunday, September 29, 2019
To: Fullerton Police Chief, City Council Members, Orange County District Attorneys Office
From: Toby R Oliver, Fullerton resident
A call by me to the Fullerton Police Department last night for help in finding a mother and two-year old son has exploded into at hellish nightmare after FPD Sergeants decided to arrest said mother for doing nothing more than getting lost.
My wife and mother of our three sons, Pranee Sribunruang, now sits in the Santa Ana Jail on $100,000 bail, charged with felony child endangerment because two Fullerton Police Sergeants decided it was their duty to put her there after she went for a walk, got lost and took several hours to make it back home.
FPD Sergeants Brandon Clyde and Emmanuel Pulido pitched a mission of help and concern when I met them out front of our home last night, pulling out all the stops to help find Pranee and our two-year-old son Leo. Then just as the Sheriff’s Department blood hound was about to be given her scent, Pranee stepped out of a vehicle that had pulled up, driven by a good semaritan who found her and Leo at a gas station and brought them home.
This is when it all changed.
Immediately, Pranee was someone who had done something wrong. Forcing her to sit on the curb, out came a thosand questions from the officers. Where did you go? What were you doing? Who were you with? “What do you mean you wanted to walk to Norwalk, you can’t walk to Norwalk,” Sergeant Pulido spewed. I tried to step in, and the officers pulled me away, saying this and that about needing to talk to her separately. One of the junior officers brought me aside and tried to calm me down, “We just want to help her, find out what’s going on,” he said. “Go inside and I’ll call you out in a minute.”
I waited a few minutes, went back outside and Pranee was gone. I asked where she was. “She is being arrested,” they said. “For what,” I replied, “which car is she in?” They wouldn’t tell me, and they wouldn’t tell me what she was being charged with. “You’ll find out Tuesday,” one of them said. Then I saw her head up against the back side window of one of the patrol cars. I went toward her, grabbed at the window and said “babe.” I didn’t know what to say. It had all gone horribly wrong, so quick. And I was responsible because I had called the FPD for their help.
Before I could do anything else, one of the officers jumped in the car and tore off down the street, leaving me there looking after her. I still didn’t really understand what was happening. This was supposed to be about finding Pranee and Leo. Now they were taking her away before I could even hug her.
Pranee is the kindest person I know. Her life is about showing kindess to others. Everyone she meets falls in love with her and her kind spirit. She had never been arrested before. She never even had a speeding ticket. No misdemeanors, no arguments with anyone (except me, her husband), and certainly never any child neglect or endangerment. The only way you knew she was mad at you was when she didn’t speak to you. Now she sits in the Santa Ana County Jail thanks to Sergeants Pulido and Clyde, and our family is torn apart.
The officers asked me earlier in the night, “has she ever threatened to harm herself or her son.” No I said emphatically. Her and I have had our issues, as most couples do. And she has experienced some depression recently, and we are working on this and trying to seek some mental health treatment. All this I told the officers, but sergeants Clyde and Pulido took this to mean something very different.
There was no harm to my son Leo. There was no endangerment, unless walking on the sidewalk at night is felony endangerment in today’s Southern California. Clyde and Pulido just didn’t like her explanation that she wanted to walk to Norwalk to see a friend and trade jewelry. I had explained to them that I had her only debit card because I had misplaced mine the day before, or, she told the officers, she would have taken Uber. Her phone had no service, so she couldn’t call us. It just didn’t add up for Clyde and Pulido so they decided “she met the criteria” and ripped apart our family, just at the moment we were reunited.
Now, I realize the worse thing I did that night was to call FPD, because in the end she made it home on her own – even though we were all very worried – and we would all be home together tonight enjoying each other. Instead FPD has torn our family apart, and we are lost. Never will I seek the aide of FPD again.
And one last thing, I don’t blame Clyde and Pulido as much as I blame the FPD. Where would they get this attitude, this aggressive nature? Where would they get the idea that somebody needed to go to jail in this situation. This is training that comes from the top, and that is your real problem Police Chief and City Councilmembers. Something very rotten is at the heart of your police department, and you need to do something about it.
Toby R Oliver
Now of course this is only Mr. Oliver’s story, but as stories go, it seems to have a degree of verisimilitude. The City will have its own version of the tale, no doubt, even if we are never allowed to see it.
Please note Mr. Oliver’s two conclusions: namely, that it would have been far better for him to have never called the Fullerton Police Department at all; and that there must be an ingrained culture of aggression and inhumanity in the department. As to the first conclusion, I leave that for others to determine. As to the second issue, those of us watching the FPD and the way it operates, have long ago detected a wide vein of callousness that accompanied the criminal and abusive behavior by its employees.
So what will come of all this except embarrassment for his family and big legal bills for Mr. Oliver? He won’t get any satisfaction from his communicants, that’s for sure, or even an apology. No, for the FPD admits of no error as its careening incompetence smashes across the lives of the people who have had the misfortune to be in their way.
Friends, an environmental symbiosis exists in nature when two organisms interact in a way that is mutually beneficial. In the course of human organizational activity we see such symbioses frequently. In the nasty intersection of government and politics such relationships are depressingly common. And nowhere can we see this operation in better form than in the way Fullerton’s politics intersect the management of police business, a business that affects everybody.
Let me begin my essay with a recitation of police behavior in our town that ought to give any decent person reason to give a second thought to nonsense pitched by both the government and the media.
See this badge? It means honesty and integrity. Or not.
In all of his endeavors Hughes was serially assisted by the smarmy and arrogant Andrew Goodrich, former union goon and, not coincidentally, the otiose and corpulent spokeshole for department. Friends will recall that it was Goodrich who immediately promulgated lies about cops getting broken bones in the aftermath of the Thomas bludgeoning by his cohorts. Goodrich was caught by FFFF over the years selling so much garbage that he was actually nominated for a coveted Fringie® in 2011.
GOD MODE ACTIVATED. Lookin’ out for the ladies, oh yeah!
Some of FPD’s bad behavior has suggested a sexual pervy streak running through the department, and a predilection for looking the other way about it. Albert “Alby Al” Rincon, instead of being fired and prosecuted by McKinley for sexual battery, continued to roam Fullerton’s streets looking for victims – gals he no doubt figured would keep their mouths shut. They didn’t, costing taxpayers hundreds of thousands and the City a reprimand from a federal judge. Naturally no charges were ever filed.
Recently we’ve been favored with the story of tubby ginger boy Jose Paez, whose “crime” according to tough guy DA Todd Spitzer, was the unauthorized photographing of his victims. Unfortunately for the girls and women he associated with as a school officer in the FJUHSD, what he was taking pictures of was their undergarments – while they were being worn.
How ’bout a date, honey?
A few months ago the story leaked out about an enterprising young FPD lad named Christopher Chiu, who seems to have found a persuasive way to talk a young woman out of her clothes on the top of the Lemon/Chapman parking structure so he could examine her breasts and nether parts in search of “evidence.” Before the courtly charm of playing doctor wore off, he suggested his availability for a dinner date. Yikes.
Former Sergeant Jeff Corbettwas actaully rung up for obstructing justice although seamy stories about sexual escapades while on duty have been circulating for a long time. But to be fair to poor Jeff, it was sending Wild Ride Joe Felz home after the hit-and-run of Sappy McTree that got him busted.
Apart from uncontrolled libido, the gallant gents of the FPD have often displayed their ethical sensibility in an orgy of mayhem against people who hadn’t done anything wrong, or by simply revealing how little they care for the basic concepts of justice. Maybe the cultural shift to full-on violence and callousness was the result of Pat McKinley’s well-known militarization of the FPD.
Jay Cicinelli is known across the globe as the goon who smashed in Kelly Thomas’s face with a Taser handle and admitted it on tape. This one-eyed jack was employed by McKinley as a favor to an old LAPD crony. Now this twice disqualified creep actually wants (or wants us to believe he does) his job back!
The gift that keeps giving…
Our obese old pal Manuel Ramos had a long history of lazy and oafish behavior as an FPD cop, culminating in the actions that instigated Kelly Thomas’s death. Bully? Check. Overweight slob? Check. Natural born prick? Double Check. FPD material all the way.
Over the years FFFF has related stories from the citizenry about abusive and violent behavior of Fullerton’s cops, particularly those patrolling downtown open air booze court. But none of these stories can equal the brutality and the callous treatment of Veth Mam by one Kenton Hampton. See, Hampton’s official version of the story got real fuzzy after it became clear that his recollection of events strained even the credulity of an OC jury past the breaking point, especially when video evidence showed up in court. During a downtown scuffle involving the cops, Hampton arrived by car upon the scene and knocked the phone camera out of the hand of an innocent bystander, Mam, who was giving away about 100 lbs. to Officer Hampton. After throwing the hapless Mam around like a rag doll, Hampton tossed him in the Fullerton clink where he was charged with assaulting a cop, a story Hampton testified to under oath. Was he ever punished? Of course not. Under “Chief Danny” Big Bad Ham seems to have been promoted to a desk job.
MADD Heroes. Far right “Sonny” Siliceo contemplates the downside of an honest future. Tim Gibert, top left, contemplates a career at the Home Depot key duplicator.
And then there is the laundry list of incompetence or indifference. We first met Miguel “Sonny” Siliceo as he tagged one Emanuel Martinez who spent five months at Theo Lacy courtesy of a deliberate misidentification. Spoke-sphincter Andrew Goodrich comforted us with the words “we try to arrest the right guy.” Years later Siliceo, in a different matter, was convicted of filing a false police report, something very, very hard to accomplish.
To swerve and deflect
And to round out our categories of misconduct, we must pause, I suppose, at least for a moment to reflect on a few of the various petty crimes and thievery perpetrated by our boys and girls in blue.Todd Major ripped off Explorer Scouts to feed his pill habit.April Baughman ripped off the property room of $50,000. Kelly Mejia tried to boost an i-Pad right under the watchful security cameras at the Miami airport. Hugo Garcia was apparently told his services were no longer required after being busted for purloining something or other (off duty, of course; on duty the man was a veritable saint). And then there was the tale of Officer Timothy Gibert, another MADD awardee who got popped out in the high desert defrauding home improvement stores. Just how many small-time thieves and pickpockets we have employed over the years will never be known for sure.
So, finally, let’s end this painful revelation with the not-so funny story about Josh Eddleman and Jerrie Harvey two innocent people jailed and prosecuted due to the bungling of newly minted “detective” Barry Coffman, best known for his enthusiastic handing out of tickets for “excessive horning.” Once againSpokesanus Goodrich informed the public that the FPD really, does try to arrest the right people, gosh darn it, a statement so insincere that maybe not even David Whiting would believe it.
Of course this quivering pyramid of gelatin was the President of the Fullerton Peace Officer’s Association for years and years, supporting political candidates who could be counted on to serve and protect his wayward union members while bestowing lavish pay and benefits.
And here is the nexus of casual corruption: without a compliant city council and their hand-picked city manager, this sad litany of crime and no punishment would be an awful lot shorter. The cop union, along with their “firefighter” brethren and sistren diligently help elect reliable stooges to the city council through vast campaign spending via their political action committees. And what a roll call of dunderheads, incompetents, buffoons, seniles, lackeys and assorted political grifters they have greased into office.
Don’t forget the lengthy corn-pone career of possibly third degree syphilitic Doc Hee Haw – Dick Jones – who once blurted to an aggrieved citizen at a council meeting “you won’t get anywhere bad-mouthing the police in this town.”
Loretta and I were getting our nails done…oh, and socks…
Sharon Quirk-Silva was marginally smart enough to dodge the Kelly Thomas fallout and the subsequent recall. But like almost all of Fullerton’s liberal establishment crowd, she blamed the murder on homelessness, not on bad cops. She ignored the cover-up, and did nothing about the Albert Rincon matter, despite proclaiming her outrage on the nightly news wherein we learned she has daughters.
Of course Doug was in need of assistance himself when his carpetbaggin’ wife, Paulette was busted on video stealing campaign signs on private property.
The designated driver is on the way…
The cop union knows when it has a live one on the line, and never has that bee more true of Jan Flory, who not only trotted around the city council track in the 1990s, she did so again in 2012 with the help of a hundred thou’ of union scrilla. Maybe her vote on the [email protected] was fondly remembered, but more likely the support was for favors to come. Of course she delivered by approving pay raises and by paying out vast legal settlements against Fullerton police that avoided the embarrassment of ugly stuff getting out at trial. Everything gets hushed up and we pay for the silence. And of course, no, reform was not on the table.
I’m not telling the truth and you can’t make me…
No story of the symbiosis between cops and politicians in Fullerton is complete without mention of our lobbyist councilcreature Jennifer Fitzgerald, who has a career monetizing her job “representing” you and me. Jen’ has made it her specialty to cozy up to the cops, including pay raises, quiet settlements costing us millions, and even wasting $50K a year on the utterly moronic “Behind the Badge” propaganda embarrassment. Holier than holy, her best pal was “Chief Danny” with whom she may have conspired, in the early morning of November 9, 2016, to have the cops drive drunken, hit-and-run Joe Burt Felz home and then tuck him in with a warm glass of milk.
Dazed and confused
And most recently we see the completely dim and inarticulate Jesus Silva, installed in office courtesy of the police union. One wonders how this nincompoop manages to get his shoelaces tied without help, and yet we can be sure of one thing – he will slavishly follow the example of his better half, Sharon Quirk in support of the people who put him in office.
Friends for Fullerton’s Future just received a disturbing story accompanied by a photograph that seems to encapsulate the Downtown Fullerton experience:
Hey, FFFF, I wanted to send along a story about what happened to me a few weeks ago. About 2 am a friend and I were walking along the north side of Commonwealth. Across the street we could see some kind of free-for-all going on. Then the crowd ran off leaving two people lying on the ground. By the time we crossed over to see what the damage was, the Fullerton police had arrived. The two people, a guy and a woman, were bloodied and obviously beaten. One of the cops saw me observing the scene and asked if I wanted to be arrested.
Rather than provide information about what we had seen, we decided to move on. But before we left I turned around and took this picture showing the woman pleading with four cops who appeared indifferent to whatever physical abuse she had suffered.
Yes, Friend, it is sad. Our “leaders” have created, nurtured, and encouraged a culture of mayhem where sometimes it’s hard to tell the victim from the perpetrator and where the cops are seemingly anesthetized to the weekly blood bath.
For every problem that isn’t a nail, there’s a moron ready to swing a hammer.
20 Days ago FFFF got another threatening letter from the City that said if we don’t stop reporting news and telling the public the truth about what’s actually happening in their town, apparently there will be consequences.
And so we ventured out on a proactive foot patrol to see what effect the intervening eighteen months may have had on this dismal boondoggle. What we found was not shocking, for our sense of shock at the ineptitude of our City’s park and engineering departments dissipated years ago.
The structure is noticeably creaking, treads are wobbly and handrails are coming loose. This barely two-year old ramshackle pile of lumber is showing unmistakable signs of decrepitude and neglect. Its creators have moved on to new ventures.
What did we find?
Uncorrected code violations like tread width? Check.
The top of the stairs is a bad place for a code violation…
Failed irrigation? Check.
The hills are alive with…no, they aren’t…
Uncontrolled erosion? Check.
Erosion is an all natural process…
Risk management potential? Check.
A trip and a lawsuit are coming…
No correction of substandard design and construction? Check.
Close enough for Fullerton government work…
New maintenance problems? Check.
Two years old. Happy birthday Pinewood Stairs!
Handrail, meet bracket. Aw, close enough…
And of course:
It wants to reach out and grab ya…
Of course it isn’t straight. Griffin Structures specialty…