Before and After….

Let’s make it easy. Here is the official CUP application blank form with the official city seal:

Poor Joe. Read. Weep.

And now, for comparison, the form submitted to the City by scofflaw Mr. Joe Florentine, and cheerfully processed by the planning department staff:

Something strange in the neighborhood…

I don’t know about you, but if I were a city bureaucrat, I’d looks askance at somebody misusing the official city seal on a forged document.

Another Dirty Dick Jones Caper

Jail is for the little people…

Most of you, dear Friends, probably only know Fullerton City Attorney Dick Jones as the marblemouthed, incompetent, prevaricating boob whose own failure to protect City secrets has led to a city-attempted crack down on the First Amendment. You may recall he was also the stooge who sanctioned the illegal water tax in Fullerton for years.

But Mr. Jones’s manifest talents for acrobatics along the tightrope of ethics are well-known across the county.

Norberto Santana at The Voice of OC previously documented how Jones, in his capacity as City Attorney for Westminster, was permitted to pretend to be a city employee able to participate in the CalPERS pension system, a maneuver that required him (or his agents) to falsify time cards for years – a clearly fraudulent activity.

Today, Santana is reporting on another scam at which Jones is squatting dead center.

Thar’ she blows…

The cities of Brea and La Habra buy much of their water from a “private,” non-profit middleman called California Domestic Water Company, an operation that wholsesales water to its municipal customers. The cities get to appoint their own board members to this corporation which has been fighting efforts to make these same members report their financial interests. And guess who is the Chairman of this Board? You guessed it – the ubiquitous Richard Jones, Esq. who also happens to be the City Attorney for La Habra.

So far so semi-benign, right? Except that California Domestic Water has a wholly-owned subsidiary called Cadway. And not surprisingly, the Cadway board is comprised of the exact same members as Cal Domestic. Oh, and, yeah, it just so happens that Cadway is a for-profit venture that also deals in water sales and trades in conjunction with Cal Domestic, and that paid out over $100,000 in five years to former Brea City Manager, and Cadway boardmember, Tim O’Donnell.  It seems that Cadway rewards its operatives with bonuses for increased volume of water sold to its customers – the people of La Habra and Brea – an obvious conflict of interest that landed O’Donnell in hot water with the Fair Political Practices Commission for non-disclosure, and a paltry $500 fine.

Hopefully, The Voice will keep digging into this matter, including digging into what sort of benefits have accrued to our own City Attorney, Dick Jones.

 

 

Can We Finally Say Good Riddance to Dick Jones?

Marblemouth and Mayer Pulling Out?

Word has seeped out from the once hermetically sealed walls of City Hall that we may not have Richard “Dick” Jones, Esq. to kick around much longer. It would seem, if the rumors are true, that Good Ol’ Dick has had enough of screwing the taxpayers of Fullerton with his pettifogging, self-serving legal advice and is “retiring” with all of his ill-gotten spoils.

Where there’s smoke…

Well, possibly not all his spoils, because he must believe his “I Can’t Believe Its A Law Firm” will have some residual value after Mudslide oozes off.

Now I don’t know about you, Friends, but a collection of lawyers that includes Kimberly Barlow and Gregory Roosevelt Palmer doesn’t seem like it could be worth very much to me; but Jones is supposedly pitching the continued services of his collection of miscreants, so he must plan on keeping his name on the letterhead and probably receiving revenue thereby.

Let slip the dogs of law…

Will our city councilcreatures keep this gang on retainer? After the abysmal performance of Jones in the pas it’s hard to imagine anybody wanting them around, at all. Of course this is the same gaggle that has kept Jones, et al., on the clock for over twenty years – and that’s a lot of bungling and cover-ups.

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.

Where’s Whitaker?

Heads we lose…

It seems Fullerton has a new problem. According to Councilmember Bruce Whitaker, the City Attorney lied when he publicly proclaimed last Tuesday that the City Council voted 5-0 in September to initiate legal action against Joshua Ferguson, David Curlee, FFFF, and a bunch of Does to be named later.

Here’s how it is described by the Voice of OC’s Spencer Custudio:

Meanwhile, there are questions in Fullerton about how the City Council first authorized the lawsuit against Ferguson. 

At the Nov. 5 meeting, City Attorney Dick Jones said the councilmembers voted unanimously to file the lawsuit against Ferguson and the blog. 

“In an effort to clarify any Brown Act violations, the fact that City Council on Sept. 17, 2019, met on a motion made by Mayor (Jesus) Silva and seconded Mr. (Ahmad) Zahra, on a 5-0 vote, the City Council approved the filing of a writ to seek a temporary restraining order against the main defendants,” Jones said. 

But, that unanimous vote is wrong, according to Councilman Bruce Whitaker 

“When they say I voted to approve this lawsuit, I say that’s not true,” Whitaker said.

In fact, Whitaker was the only dissenting vote when the Council majority doubled-down on the lawsuit during the Nov. 5 closed session portion of the meeting. 

I never took Truth in law school…

Somebody is lying, and if I had to guess it is our City Attorney Richard “Dick” Jones. At this point I’m now wondering if a vote took place at all back on September 17th. It would be just like Jones to try to create a September “vote” to cover his wide expanding ass, when no real vote even happened.

Silence is golden…

Still, for somebody who claims he was maligned in public by his own lawyer, Bruce Whitaker was pretty damn passive when Jones made his comment about a unanimous vote. So who’s telling the truth? Who knows? But I bet it isn’t Dick Jones, who is neck-deep in the lawsuit his own incompetence caused, and by which he is actually profiting.