The investigation was late, but it sure was unconvincing…
An alert Friend sent in this image of a guy recognized as Orange County District Attorney investigator, Abraham Santos, at the scene of the Memorial Joe Felz Crash Site. Well, now we know that the DA is indeed involved in this mess. What sort of crime he might be investigating and how he is investigating it, are far from clear. No one was ever arrested, or charged. We aren’t even sure if anybody got a traffic citation for reckless driving. Could the DA be investigating the behavior of the Fullerton cops? For some reason that idea provides no consolation. But the sooner the deal is whitewashed, the sooner we can get the video recordings made by the cop cams.
Also please note that Sappy McTree has been removed.
We may have bid a fond adios to former City Manager, Joe Felz, but the mess he leaves behind still needs to be attended to.
The most timely issue is Fullerton Police Department personnel conduct in the Case of the Missing City Manager. The police on the scene of Joe’s Big Crash drove him home sans Breathalyzer test, and despite the fact that his vehicle had careened out of control and run over a parkway tree; and this after an evening of fun DTF libations and despite the fact that a cop on the scene smelled alcohol emanating from Joe. Did the cops follow their own rules? Or did they help their boss boss get away with a couple of crimes? From here, it looks pretty bad.
It’s been six weeks and nobody knows what’s being investigated. Or even if there’s any investigation at all.
What’s happening now? Certainly there’s no evidence of an internal investigation. Nothing more about the hiring of the mysterious “independent person.” And who really knows if anything got sent to the DA? Our city council (at least certain members) is in the dark, and so are we.
When the perps are about to get away, you gotta do what you gotta do. Filing a personnel complaint initiates an internal investigation, or at least a pretend investigation, into the events of election night, just in case one doesn’t already exist. So one of the Friends decided to do just that.
When the investigation is complete, this complaint entitles the filer to a letter from the Chief of Police indicating whether the finding was sustained or not sustained. That’s not much, but something is better than nothing.
I have a thought experiment for those of you who work in the private sector.
Let’s suppose you are accused of some misdeed by your employer. It could something minor like rudeness to a customer, or something potentially criminal such as embezzlement, assault or even potentially murder or manslaughter.
Hypothetically
Let’s further suppose your employer comes to you and asks you about certain accusations. What do you suppose would happen if you refused to answer any questions about that incident unless you had an attorney present? And if you did speak to speak to your employer what are the chances they would agree to not use your statement against you in a criminal action? Could you refuse a polygraph test under any circumstance? And could you insist your employer never disclose the results of their investigation upon pain of criminal prosecution?
The answer in the private sector is clear cut: while you have constitutional rights in criminal proceedings (including the right to have an attorney present and against self incrimination) if you refuse to cooperate with an employer you can be fired on the spot.
Not so for many of our public employees. Thanks to the Police Officer’s Bill of Rights (Government Code §3300-3311) many of the rights afforded to all of us in criminal prosecutions are also afforded to officers in administrative actions. For example, pursuant to Government Code §3303(f), statements made under duress, coercion “or threats of punitive action” are inadmissible in civil proceedings as well as criminal. Thanks to the decision in Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822, an officer can be disciplined for refusing to answer questions in an administrative hearing, but only if they are first told that the statements cannot be used against him in any criminal matter. An officer also has a right to have council present during any administrative proceedings relating to their conduct. And if there is a violation of any of these or other rights, there is no requirement to exhaust administrative remedies first (like the rest of us have to); the officer can immediately sue in Superior Court.
The combination of the protections in POBAR and the Supreme Court decision in Copley Press, Inc. v. Superior Court (39 Cal.4th 1272) have combined to essentially make our public safety employees above the law. Copley guarantees that any complaints against officers that are handled through the police department will be investigated at the sole discretion of that department, since the public is typically not told how the department ruled or why. Or even whether they looked into the matter at all. Remember, Chief Dan Hughes once admitted that many complaints against officers were simply tossed into the wastepaper basket, since there was no ramification for the department for doing so.
“After careful deliberation, we have concluded that no evidence exists to warrant disciplinary action. At least, not anymore.”
This does not mean that there are no good officers in Fullerton, but it does mean that there are no meaningful external check on the conduct of officers that are a problem, so long as the conduct is not so shocking it winds up becoming a national story. And even then, the protections afforded by POBAR makes firing for even the most shocking crime difficult. See for example Kenton Hampton, who is still employed by the Fullerton Police Department (and pulling in $175,958.90 in total pay and benefits as of 2015, according to Transparent California) despite his involvement in the beating death of Kelly Thomas and the beating/ false imprisonment of Veth Mam (video here) and the fact that even Joseph Wolfe may actually be reinstated despite his role in Thomas’s death.
Since we cannot rely on transparency (state law prohibits it), and we cannot rely on officers within the department to come forward (don’t forget, Copley makes disclosure of internal personnel records a criminal offense, and as Paul Irish has recently learned, even mild, non-specific criticism of department policy can get you in more trouble with your employer than standing around doing nothing while your fellow officers beat a man to death), I concluded several years ago that an effective independent Civilian Oversight Commission was the best method of placing some check on our public employees. Rather than simply advocate for the civilian oversight, those of us who were advocating it decided to prepare their own proposed ordinance, which Matt Leslie has been hosting on his Fullerton Rag blog ever since (it can be found here, although the transfer does appear to have altered the subsections in a way that makes it a bit confusing).
The specifics of and the benefits of the proposed ordinance, and the means in which this City Council could implement it, will be discussed in Part 2.
Once again the Boys & Girls in Blue have decided to insult the residents of Fullerton with a poorly timed Press Release via the F.P.D. Facebook Page where they tell that we need to “Drive Sober or Get Pulled Over” and that they’ll be “stepping up enforcement” of impaired driving laws.
One Set of Rules for You…
This Press Release is actually dated yesterday, 13 December 2016, the EXACT same day that it was announced at the Special City Council Meeting that the City Manager, Joe Felz, has left his position with the city. Weepy words from Jennifer Fitzgerald notwithstanding we know that Felz left owing to his own alleged D.U.I. Hit-&-Run that F.P.D. and the City Attorney are still attempting to cover up with boilerplate legal obfuscation and the myth of an ongoing investigation.
From the Press Release;
“We want to keep our roads safe for the holiday travelers, so we will have zero tolerance for drunk or drugged driving.”
F.P.D. will have zero tolerance. Zero! None I dare say.
Unless of course you’re part of the upper echelon of our City’s Bureaucratic Bureaucracy and can get the Police Chief on speed dial.
I figured the award for most clueless response to the Felz departure would go to Fitzgerald & Flory for their nonsense praise but this press release might take the cake. To be fair the F.P.D. probably didn’t know that Felz was on the way out when they wrote this little public service announcement but they certainly knew of their own culpability in the continuing culture of city corruption.
Word on the street is that City Hall is glad to be rid of Felz and now they’re just itching to get rid of his sycophantic entourage that continues to make city life miserable. Stay tuned as we might be able to help with some of that as time passes. If any intrepid City Employees want to help foster some more changes you know how to reach out to us here at F.F.F.F..
One of our well-placed sources in the City administration has informed us that on-leave City Manager, Joe Felz will be quitting permanently soon, even as conversations now spin around who will replace Felz. Is this true? It has the ring of truth to it.
Speaking of spinning, Felz spun off the Glenwood Avenue in the early morning hours of November 9th, ran over a tree and tried to drive away. The cops on hand smelled alcohol but for reasons that have not yet been revealed, administered no breathalyzer test and instead drove Felz home.
The voice wasn’t soothing, but the words weren’t clear.
The City Attorney has been trying to protect Felz with illegal bogus claims of “personnel matters,” so that excuse would soon be gone if Felz flees the scene. Then there’s the matter of the rather bizarre “ongoing criminal investigation,” that some folks reasonably think is nothing but another dodge to avoid releasing incriminating video and audio records that were made when the cops arrived at the crash scene. No one has even bothered to explain to the public what possible crimes were committed, or who may have committed them. And of course our City Council members have not expressed any curiosity about that, either. Sooner or later our mush-mouth City Attorney is going to have to admit a big problem with his “criminal investigation” yarn, to wit: nobody was arrested that night. No evidence of drunk driving was collected. We don’t even know if a citation was issued.
When Felz goes, he will save the the taxpayers the cost of that so-called “independent person investigation” that the City Attorney thoughtfully cooked up to stall and obfuscate the matter. If so, it will be the one and only time Felz ever saved the taxpayers anything, and that going out the door.
Of course the open question is this: what sort of windfall will be offered by our ever-helpful council to grease the skids of Felz’s departure? If he quits he won’t get his guaranteed payola, but the circumstances of his Wild Ride may make that a moot point.
Whatever happens, rest assured, we will told as little as possible, as late as possible.
In the first installment of this two-part series we saw examples of how a mere two downtown Fullerton bars (one illegally operating as a night club) had racked up a massive inventory of misdeeds, amounting to hundreds of cop calls in a few years. Just imagine how tough it is for the Fullerton Police Department to manage all this madness, night after night. And what happens to cop service calls in the rest of the city. Poor cops, right?
Yet before we shed any tears over the FPD and the horrible burden they bear, let us contemplate a “story” from the cop union website that glowingly talks about the special relationship that exists between downtown booze peddlers and our boyz in blue. Here are some choice quotations from the article:
Business in downtown Fullerton is booming.
Thousands of people flock from all over Southern California for the food and atmosphere – and to have a good time.
Police officials want to keep it that way.
In downtown Fullerton last year, officers made 562 drunken driving arrests, including 13 DUI crashes. There were also dozens of assaults.
“We could put 100 cops downtown, but we’d be swatting flies,” said Lt. Andrew Goodrich. “We want to work together to solve this.”
Added Police Chief Dan Hughes: “We want downtown to continue to flourish.”
Slidebar owner Jeremy Popoff had already convened a group of owners, calling it the “Downtown Restaurant Association.”
Do you see the absurd disconnect? Booming, flourishing business? Sandwiched between the happy horseshit talk are the startling statistics of our downtown, open-air saloon. The police are not only tolerating Crazytown, a situation they admit they can’t control, they are aiding-and-abetting it. Why? We certainly know that some bar owners like Popoff are politically connected – his place operates without the CUP the City legally requires of a night club. Then there are the recurring and disturbing stories about cops getting free food and drink at some of these bars – like Popoff’s place. These are stories that nobody has denied.
So are the cops just trying to make the best of a bad situation, or has the culture of the department finally become as gin-pickled with downtown booze as the rest of the City political establishment? I believe the department has enjoined a pretty sick symbiotic relationship with the downtown culture. And notice how the good ladies of MADD, the FPDs 5th Column, have never been mobilized against this massive affront to sober driving? Coincidence? I think not.
The closer you look, the worse it looks…
It’s obvious that there is zero political will from our city council to do a damn thing about the problem they created over the years. Just the reverse, in fact. Notice how our council unanimously agreed to carving up downtown among five separate council districts so as to dilute the influence of actual voters in that undeniable “community of interest?” The ballot statement supporting that mess was written by none other than our Lobbyist-Mayor, Jennifer Fitzgerald. Hmm.
The sign of fine dining. And drinks. Don’t forget the drinks. That’s where the real dough is.
As for Popoff, he can join with his fellow merchants of martinis and call themselves a”restaurant association;” they can pretend to play nice even while they are racking up ever-lengthening lists of police calls; what they can’t do, at least now that people are finally paying attention, is pretend that their operations aren’t draining financial resources from the average Fullerton family and putting it in their own bank accounts.
The annual downtown fiscal deficit to the taxpayer is well over a $1,500,000 – that’s ten bucks for every man, woman and child in Fullerton; somehow business is booming – but not the City’s General Fund.
And now, returning to the “article” cited, above: let’s have our new amigo, Mr. Gregg Honour, the control-your-bars consultant, whose attention has been drawn to downtown Fullerton and to FFFF, take us home:
Gregg Hanour, former owner of the Shark Club in Costa Mesa and author of “A Business Approach to Reducing Drunk Driving,” said police departments typically conduct undercover stings to build a case to remove a troubled bar.
“You’re lucky,” he told the bar owners. “Your police department wants to work with you.”
Our old friend the historian Karl Marx wrote: History repeats itself, first as tragedy, second as farce.
And so in Fullerton we have had the spectacle of Jan Flory, a councilperson who worked us over good for two dismal terms in office, was driven out, and who returned 10 years later to provide the final act of a deplorable career.
I know who I came to work for…and it isn’t you!
Back in 1994 Flory ran as the Establishment candidate to push back against the reform-minded Recall that dared to drive out the incumbent stooges who imposed an unnecessary utility tax. She was the perfect candidate to advertise the fear and loathing the Old Guard had for anybody outside their inner circle.
And every step along this trail of tears she palpably dripped bitter venom for those who dared cross the “experts” at City Hall. Tragedy, indeed.
From 2002 to 2012 we were mercifully spared the the effluence of vindictive spleen sprayed on anybody who had the temerity to question what was going on in their own government.
But in 2012 the moribund Establishment needed someone to ride to their rescue; and to defend, deny, excuse, ignore and cover-up the serial crimes committed by the police department; and to fight the agenda begun by a new council majority, ushered in by yet another recall perpetrated by unwashed outsiders. Who better to call upon than the old warhorse, herself.
Pegasoid
Yes she won, by a scant 29 votes, and she immediately resumed her old role. Yet something was missing. Yes, the muumuus and wood beads were still there, and so was the old, surgically implanted steel rod. The complete lack of humor, grace or introspection suggested the Flory of old. But you could tell. Her heart wasn’t in it. Her performance was thin, shadow-like, even as she continued the water rip-off, covered-up the FPD Culture of Corruption with gargantuan out-of-court settlements, approved four non-balanced budgets – raiding reserves $43,000,000, approved more massive apartment blocks – activities that in the past would have brought a smug, self-satisfied smirk to her sneer. But the old joy was gone.
The third act was a farce – even until the inevitable bitter end: as left she hoped to give Fullerton a parting gift – the sad sack and detumescent Larry Bennet, whose job would have been to keep the “For Sale” sign over the sliding doors of City Hall.
Ah, well. Now, Mrs Flory departs again, hopefully for the final time. And as we see this petulant shrew out the door, let’s always remember her words from the 2012 campaign: to my lights… the city department heads are the heart of the city.
A while back Fullerton City Councilman Bruce Whitaker proposed the creation of an audit oversight committee, rather like the one they have at the County. His concern was that the City do more than just meet the bare minimum of accounting standards, but is actually doing the things that are legally required by some of our budget funds. This is called accounting for management. Are you curious to see how his colleagues felt about the idea? Enjoy this clip:
The head and the hat were a perfect fit.
How entertaining! Bud Chaffee sees the proposal as bureaucratic metastasis and preposterously claims to want to reduce the number of city commissions! The proof of this big government liberal’s insincerity (okay, he’s a liar) can be found by counting the number of commissions proposed for elimination by Chaffee both before and after this escape of gas. What? You want a round number? How about the roundest number of all: 0.
The bars stayed open and the band played on…
Missus Flory chimes in with her generous offer to act as “interpreter” with her staff for Mr. David Curlee, who has actually uncovered evidence that the City government most assuredly did not want advertised: very possible misfeasance in the Brea Dam area accounting, (including out of fund transfers) that could actually jeopardize the whole enterprise. Apart from the fact that Flory couldn’t understand the illegal water tax ripoff in 2012, she is hardly qualified to discuss accounting issues at all. She is so drenched in venom; just look at the utter disdain she demonstrates for a “a few verbal allegations.”
I hear you. Well, no I don’t, not at all.
Finally we see our Lobbyist-Mayor buzz in. She “hears” what Whitaker is saying but her retort is that Fullerton only hires “experts.” She includes the lamentable example of hiring Michael Gennaco to oversee the FPD Culture of Corruption, one of the most egregious examples of a cover-up anybody could possibly think of (she says she’s proud of it!). She too, seems to believe that the “expert” accountants the City hires to look at the financial documents do anything other than make sure the numbers all add up at the end, don’t ruffle any feathers, and collect their fat taxpayer funded fees. Of course Ms. Lobbyist-Mayor’s statements are just as phony as Chaffee’s. See, un-expert Fitzgerald herself sits on a citizens’ audit oversight committee – for the Fullerton Joint Unified High School District.
I got a letter from Fullerton’s Lobbyist-Mayor, Jennifer Fitzgerald congratulating “us” for rising above it by re-electing her. I love it when personal-agenda laden politicians complain about “negativity.” Generally they are just reacting to embarrassing scrutiny they’d rather not have to endure.
Here’s the missive:
Cut through the baloney to find the bullshit…
Ms. Fitzgerald is happy to share the issues she “campaigned on.” Road repair, more, and higher paid cops, and get this… a balanced budget! Now we all know that Fullerton’s budget has not been balanced since she got on the City Council four years ago. We’ve been leaking red ink worse than Laguna Lake has been leaking Grade A MWD water. The amount during Fitzgerald’s tenure runs in the millions. So not only is she still lying about having a balanced budget, but any other pipe dreams like cops and parks are going to have to come at the cost of draining our reserve funds even more.
Of course this means nothing to Ms. Fitzgerald. After all she is all about politics, not governance. She is a Vice President of Curt Pringle & Associates, an operation that has tried its level best to rip off Anaheim taxpayers to benefit Pringle’s clients. She will be long gone by the time Fullerton goes into receivership.
I really like the part about ensuring “that every Fullerton neighborhood is served well by its city government.” I guess that excludes the people who live in and around downtown Fullerton: it was only recently carved up into five separate council districts by Ms. Fitzgerald and her downtown bar pals like a Christmas ham, precisely for the purpose of disenfranchising the residents while the drunken party rolls merrily along.
And then there’s the part about having a “community-wide discussion” about providing library services for Southwest Fullerton. Quite delicious irony coming from the head of a city government that can’t afford to keep the Hunt Branch Library open; or does she really believe nobody is paying attention?
Finally, I note that “working positively together” is code: what it really means is not criticizing the massive budget deficits; not complaining because there is no adult supervision over the cops; looking the other way as the Lobbyist-Mayor herself helps cover up the madcap motoring adventures of her City Manager returning home from her own election night party.
Well, you know, I just don’t feel like it.
And now, Friends, please share any negative banter in the comments section we thoughtfully provide, below.
In management circles, claiming to be unaware and uninformed is one favored tactic to avoid responsibility for the bad behavior of subordinates. Sometimes unawareness is attributable to simple incompetence. Other times, it is intentional.
Our mayor is caught here taking the latter approach when the woman who witnessed Joe Felz’ drunken crash came forth to recount the details of the event:
The clip ends when the mayor cuts off this concerned citizen.
Now you all know that the city manager reports directly to the council. He is, in fact, the only employee for whom they are directly responsible. You might think the council would be interested in hearing a first hand report of their employee’s bad behavior. Perhaps recklessness, destruction of government property and abuse of authority are not qualities you seek when employing a municipal executive.
