Felz After a Fortnight

The last official word we heard on the status of our City Manager post the Sappy McTree incident was that, besides apologizing, Joe Felz was on leave for 2 weeks.

The Official Story, if you recall, started on 15 November 2016 when the City Attorney, “The Other Dick Jones“, told us that City Manager Joe Felz would be on leave for 2-weeks which prompted Jones to ask Mayor Fitzgerald to immediately put forth an emergency motion to appoint Gretchen Beatty as “Acting City Manager” and once that was done she’d stay in the Acting City Manager position until the Council voted to remove Ms. Beatty from said position. None of this was 1) an emergency or 2) needed as legally we don’t need a City Manager but I don’t expect the City Attorney to bother with such details as State Law.

The pertinent issue is that nobody on Council bothered to ask timely questions on this matter and so the fact that there wouldn’t be a Council meeting 2 weeks later (yesterday) never came up. Now 2-weeks has passed with the next Council Meeting scheduled for 06 December 2016 and it’s at THAT meeting that the Council would have the first opportunity to remove Ms. Beatty from her Acting position in order to put Joe Felz into his chair again.

joe-felz-up-close

Does that mean that Mr. Felz is back now twiddling his thumbs with nothing to do (2-weeks later as stated) or that he’ll stay gone until next week when the Council can remove Ms. Beatty from her Acting position or later due to the ongoing Felz/FPD investigation? Who knows with answers not exactly forthcoming from City Hall. We won’t even know if it’ll be on the Council Agenda until this coming Friday night.

As for the inevitable “What difference does a week make?” question I will posture that it speaks to the nature of our City Government and the way our city is run. It’s slapdash thinking & haphazard decisions over even such basic calendar items that showcases the culture in City Hall where there is almost zero attention paid to details. This sort of intellectual laziness is how we end up with unaccountable bureaucrats spending time in Las Vegas or elsewhere while the city bleeds red ink and puts our kids further into debt with only high-density boondoggles on, and blocking, the horizon in order to offset the bloated spending.

We shouldn’t have to point this sort of stuff out but our so-called leaders can’t be bothered to do the jobs they voluntarily took and that leaves us, the malcontents and rabble-rousers,  to do the job of making sure that somebody is paying attention.

A Glimpse Into Fullerton’s Future

It wasn't safe. but it sure was uncomfortable...
It wasn’t comfortable. but it sure was dangerous…

Okay, Friends here’s a pop quiz. What do Jan Flory, Bud Chaffee, Jennifer Fitzgerald, Bruce Whitaker and Greg Sebourn have in common? Think for a second…

Got it? Of course, it was an easy question.

They are collectively responsible for the overdevelopment of Fullerton. Look around: Commonwealth, Orangefair, Santa Fe, each now, or soon to be home for massive, overbearing penitentiary-like apartment blocks.

The Thing That Ate Fullerton...
Cliff Dwelling Is The Life For Me, or: Thing That Ate Fullerton…(image swiped from Orange Juice Blog)

The ridiculous and deathless “Amerige Court” monster is back, too being pimped by a guy named Cameron Irons.

Follow my easy method, and one of us will get rich!
Follow my easy method, and one of us will get rich!

You remember him, right? County Supervisor Shawn Nelson’s crony who stood to make a $100,000 commission as Nelson tried to ram through the County’s big homeless shelter next to Fullerton’s Commonwealth Elementary School.

Nelson wears his game face.
Nelson wears his game face. Too bad we’re not on the same team.

And there’s very little need to hold our breath until the “College Park” upzone Godzilla rears its ugly head, once again.

Whatever the motivation of our “representatives” to jam ever more high-density residential projects into Fullerton, the result is the same: more burden on the City’s utilities and infrastructure, and above all, more traffic cramming our streets, costs that are carried by all of us as the developer makes his bundle and skips off to his next monster.

Is it really too much of an exaggeration to say that soon the major intersections at Harbor, Orangethorpe and Lemon will become virtually gridlocked at certain times of the day? Soon we may all have to find alternative ways to get around Fullerton.

It’s pretty clear that none of these lofty people have the best interests of ordinary Fullerton residents in mind. In fact, we seem to be nothing more than an annoyance to their big plans, that is if you can call helter-skelter development a plan.

The Mayor Game!

Arf!
Arf!

Yes, Favored Friends! It’s time once again to play…The Mayor Game!

Every December our illustrious city council elevates one of their own to assume the august tile “Mayor.” The Mayor of Fullerton gets to preside at meetings and that’s about it. Almost a kind of booby prize if you think about it. And yet our elected representatives lust after the title, particularly if there is an election the following November.

Uneasy lies the head that wears the crown...
Uneasy lies the head that wears the crown…

For years the selection was fraught with political tension as the repuglican old guard, orchestrated by the odious Dick Ackerman contrived to keep Dems (and Chris Norby) from ascension to this lofty estate.  In recent years though, the process has become less political. The Council even adopted a process for non-partisan rotation in which it would be the turn of the that person serving longest without wearing the bejeweled tiara. This process is not enshrined in any law or code. It’s just sort of a Gentleman’s Agreement between people who really don’t trust each other – and for good reason.

The humble office of Mayor Pro Tem serves as the approach to the green and thence the flag.

Will the bonhomie last?

It was a rough landing...
It was not a smooth landing…

The current Mayor Pro Tem is my broomstick-wielding former mistress, Jan Flory, who will mercifully be out of office in a week or so. This means that it is Councilman Bruce Whitaker’s turn to shimmy up the greasy pole. Whitaker became mayor in the Fall of 2012, but it wasn’t without nervousness since it was well known that Flory and Bud Chaffee opposed him. But Jennifer Fitzgerald was given a directive and fell into line. But that was then.

What, me worry?
What, me worry?

 

Another wrinkle this time is that both Whitaker and Fitzgerald are rumored to be seeking the job of 4th District County Supervisor in 2018, and running with title of mayor next year would be just dandy, at least according to conventional wisdom.

So will the new council stick to its own policy or will they dump it? Will the new guy, Jesus Silva go along, or will he cut a deal with Fitzgerald and Chaffee to the exclude Whitaker? In the past it was not uncommon for councilmembers to gin up any stupid sort of excuse to keep the incumbent in place for another year.

In the end what it takes is three votes, and everything else is eyewash.

And now I must to attend to my nether parts.

Trust the System that Can’t be Trusted

Remember when Our Mayor, Jennifer Fitzgerald, had the City Attorney, “The Other Dick Jones“, repeat the city’s position on the Joe Felz alleged D.U.I. incident?

That they’re looking into it, via an outside investigative group without subpoena power that is answerable only to the City Brass, and that any potential criminal charges would be forwarded to the District Attorney?

It’s a good thing that we can trust the District Attorney, Tony Rackauckas, to be interested in the law and to not be too cozy with Law Enforcement.

Oh wait. Nevermind.

In the latest episode of “You’ve Got to be F*^%ing Kidding Me” the 4th Circuit Court of Appeals has kept the entire D.A.’s office off of the most high-profile shooting case in county history for misconduct. All because the D.A. is too cozy with Law Enforcement and doesn’t follow the law.

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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.