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.
“Behind the Badge OC” is a propaganda outlet for “public safety” departments across Orange County. It is run by former OC Register staff who came to realize that writing cop puff pieces on their own was even more lucrative than doing it while pretending to be reporters for the pathetic, knee-jerk pro-cop Register.
This enterprise works for police unions in the main, but things get really profitable when they can sucker a public agency, like the City of Fullerton, to use public money to write this drivel, all under the auspices of “educating” us about our wonderful police department. You’d think that honest work, a good attitude, and abiding by the same laws the rest of us have to, would be sufficient to generate respect for our boys and girls in blue. Wink.
But enough preamble.
Back on June 13th, BtB published this completely unremarkable tale about the squad responsible for documenting the training given to FPD personnel and the standards that apply thereunto. Standards, eh?
Fullerton Police from left, Cpl. Eric Song, Patricia Arevalo, Sgt. Dan Castillo, Lt. Andrew Goodrich and Cpl. Donny Blume. Photo by Steven Georges/Behind the Badge OC & Paid for by Fullerton Taxpayers
Check out the adipose and otiose individual in the middle who is in charge of this unit: none other that our old friend Andrew Goodrich, who was last heard of serving in the exalted office of watch commander the night of November 8th, when our City Manager, Joe Felz, ran off the road, was given a pass on a breathalyzer test, was driven home and tucked into bed by one or more of those cops who got all that expensive training.
A writer for The Hornet named Madalyn Amato, reports that although an “independent investigator” has been engaged, nothing else has been forthcoming. The fact that the investigator, a law firm called Currier & Hudson, solely specializes in acting as defense counsel for government agencies, should send out appropriate warning bells. See where this is going?
In the aftermath of outrage, the bureaucratic playbook is being executed as expected.
First, ignore any criminality on the part of the district employee and announce an independent investigation, with the goal of diverting responsibility, or even better, procrastinating ’til everybody’s forgotten about the incident.
Naturally, the independent investigator is really just a carefully selected government defense pettifogger, hired to relieve the agency of as much liability as possible and absorb any leftover PR issues. Of course, hiring a law firm comes with desirable effects, such as the benefit of attorney client privilege. See, it’s easier to control an investigation if the investigator can’t actually reveal any findings detrimental to the institution.
The cleanup is underway
And now we wait. The employee takes a paid vacation, the real police fail to deliver a criminal investigation, and NOCCCD eventually pays out a quiet settlement to the victim who will make a deal in a civil courtroom. Nothing to see here.
Close enough…
And now let’s let Fullerton Junior College President Greg Schulz take us home via The Hornet article:
President Greg Schulz promised the college’s full dedication in reaching a conclusion regarding the incident.
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.
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.
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?
