Records Request? Denied!

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

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

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

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

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

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

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

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Independent Person Wanted, Inquire Within

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

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

Can anyone apply?
Can anyone apply?

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

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

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

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

The Culture of Cover Up?

You, know some people have the remarkable habit of speaking a whole bunch of words without saying anything. Fullerton City Attorney Richard Jones has been doing it for years and years as compliant councils sit there silently during his mind-numbing droning.

In the clip below, from last night’s Council meeting, he explains why the public need be told nothing about the City Manager, Joe Felz, driving home after a party, running off the road, trying to leave the scene of an accident, smelling of liquor, and most likely flashing his Get Out of Jail card.

jail-card

First listen:

There’s five minutes of stuff that could have been said in about 40 seconds but Jones needs to make sure he has touched all the bases of possible objection, added some mumble-words in the service of phony legal propriety, and his accomplice, Mayor Jennifer Fitzgerald is on hand to make sure some of the points are reiterated – twice.

Yes, the bases are touched.

  1. The matter is subject to an “ongoing criminal investigation” by FPD, possibly to be turned over to the do-nothing DA, so mum’s the word! But what’s this? Who has committed a crime? No one was arrested no one was even cited. If not then, when, and how? Sure seems like a bogus smoke-screen.
  2. The issue is a “personnel” matter. But wait. Felz was not acting as an employee at the time of the crash. He was undoubtedly a private citizen. So how on God’s green earth is this a personnel matter? Another dodge to avoid response to legitimate PRA requests?
  3. The issue of the body cameras is noted as governed by some statute that is not elaborated, merely cited. The incurious Council let that one sail by. In the end, Jones informs us that Mr. Felz has privacy rights, too, which is awful sweet, but begs the question – if any of us were detained in similar circumstance can there be any doubt at all that the video would be turned over to the media by Andrew Goodrich before the first rays of morning sun had warmed the walls of the police station tower?

In the end some word nuggets tumble out that do lead into the direction of actual meaning, if only unintentionally freed from the bondage of this pettifogger’s mental jail.

One bit of this statement is very interesting. At 4:08 Jonsey mentions the investigation of the poli…the City Manager. Maybe I’m too cynical, but could this be the real source of investigation – how the cops deliberately violated their own policies and ignored violation of the Vehicle Code? That would sure make sense if a cover-up of the whole embarrassing mess was being orchestrated. After all, they could try “miscommunication in the chain of command” or some such nonsense, Gennaco-style, and if all else failed, toss the rat on conveniently departed Chief Dan Hughes who is now over the wall and making tracks southward.

The Weasel Words of Dick Jones Regarding Joe Felz

After tonight’s Fullerton City Council meeting all signs point to City Manager Joe Felz being out of a job, likely from early retirement after he runs out the clock on his vacation time. Allow me to explain.

Joe Felz was a no-show at last night’s Council meeting and the City Attorney, Dick Jones, relayed a nothingburger of an apology from Felz during the Open Session and said that Felz was taking a 2-week leave of absence. Mr. Jones then requested that the council agendize an emergency* item for the same meeting, last night, to appoint an Acting City Manager which they did.

There is zero reason to appoint an Acting City Manager if somebody is on a voluntary leave for 2 weeks. Do we appoint an Acting City Manager anytime the City Manager goes on vacation? No. Was it an emergency? No. This is ridiculous. How ridiculous you ask? Well…

Pursuant to California Government Code we don’t even NEED a City Manager owing to Fullerton being a General Law City.

36501.  The government of a general law city is vested in:
   (a) A city council of at least five members.
   (b) A city clerk.
   (c) A city treasurer.
   (d) A chief of police.
   (e) A fire chief.
   (f) Any subordinate officers or employees provided by law.

Notice that there is no “City Manager” on that list.

So our City Council just appointed a person, Gretchen Beatty, to a position that we don’t even legally need because our City Manager is on a 2-week leave. Funny how the City Attorney missed that little nuance in the law or as I like to call it – his job. Dick Jones asked that a non-issue be agendized unless of course more is going on behind the scenes that can’t be discussed with us common rabble known as residents.

Now here’s where the weasel words really come into play. Mr. Jones stated that Gretchen Beatty would be acting City Manager not until Felz came back from leave but rather until the City Council relieved her. He’s a lawyer who chooses his words carefully so this means something.

To really drive this point home it should be noted that during Public Comments people spoke up about the Joe Felz / Sappy McTree incident and Mr. Jones made a point that the details of the investigation couldn’t be released until this “Personnel Matter” is resolved. He also said that it was an ongoing criminal review and it would go to the D.A. for a “Potential Criminal Prosecution”. Further he said, and Mayor Fitzgerald asked him to repeat, that the Bodycam footage couldn’t be released pursuant to California Government Code 6254F.

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Taco Tuesday. No, Wait, That’s Not Right…

Here’s a tidbit from Tuesday’s upcoming Fullerton City Council Closed Session Agenda. The Closed Session is where the council secretes itself away from public scrutiny to discuss lawsuits and personnel and real estate deals.

felzonagenda

#2 deals with the replacement of of our recently departed PoChief, Danny Hughes, who was last seen applying his fingerprints all over a case involving helping out a pal in serious trouble.

#4 deals with the “performance evaluation” of the very person Hughes helped out – his boss, City Manager, Joe Felz, who was seen early Wednesday morning swerving down Glenwood Ave on his rims, after ploughing over a tree in the parkway, unable to negotiate the intersection at Highland Avenue in a, um, er, ahem, competent manner.

Things were going smoothly. At first.
Things were going smoothly. At first.

I’ve got it on pretty good authority that item 4 was agendized by the City Attorney; but at whose behest? Will the topic of Mr. Felz’s Wild Ride come up? How about the apparent cover up that is now being investigated not only by us, but by numerous mainstream media outlets?

Could there be action taken? If there were we would never know, because this is  “personnel matter” not a criminal one – as the very same City Attorney has informed the media.

Under New Manangement

 

Friends for Fullerton’s Future is now owned and operated by a brand new collection of miscreants, malefactors and truth-tellers. Sure, some of our old Friends will still be here. Some new ones, too.

In 2013, the previous proprietor of this esteemed institution decided to shut it down – after thousands and thousands of posts and hundreds of thousands of comments. In 2010 and 2011 FFFF was named the Best Blog in Orange County by the OC Weekly. Well, guess what? We’re back.

On a hot July night in 2011 a sick, homeless man was bludgeoned and suffocated to death in one of our gutters by members of our own police department. He choked to death in his own blood as the cops that killed him were nursed for their scrapes with soothing words, Bactine and band aids. A supposedly distraught mother and father were bought off with $6,000,000 of our money, in order to keep the truth from us.

And what the Hell has happened in Fullerton the meantime?

In 2012, a new 3-2 city council majority emerged, belligerently determined to eradicate the memory of Fullerton’s second recall; blindly determined to ignore the Culture of Corruption that pervaded the Fullerton Police Department. You remember that culture? Remember the names: Rincon, Mater, Major, Hampton, Nguyen, Mejia?  Search our archives, Friends, to remind yourselves.

Jan Flory, Doug Chaffee and  Jennifer Fitzgerald replaced the Three Bald Tires – Bankhead, McKinley and Jones – as proprietors and caretakers of the corrupt Old Regime and as custodians of the silence.

It is four years later. Now our streets are choked with traffic that will only get worse with the advent of new massive projects created to enrich a few developers, their “consultants” and their lobbyists.

Lobbyists? Our own mayor is a professional lobbyist. She says she wants us to  “participate in building a better future for our city.” How? Apparently, by promoting more gargantuan housing development by her own future campaign contributors, while turning a blind eye to the incredible waste of resources spent policing the downtown booze-fueled free-for-all created by her predecessors and her own current campaign contributors.

Hundreds of millions of gallons of water have been poured into leaky Laguna Lake by the City government as Fullerton citizens have been forced by their own government to let their landscaping die. In the past four years, $45 million dollars have and will be been transferred from reserve accounts to keep the City solvent, as our own mayor takes credit for a “balanced budget.”

Are things changed? You tell me, humble readers.

Oh yeah, we’re back. And we’re kind of pissed off.