Citizen Committee Seeks Civilian Oversight of Fullerton Police Department in the Wake of Beating Death of Kelly Thomas, Reports of Abuse by Officers, Recent and Impending Lawsuits against FPD.
by Alex Stoffer
The Police Oversight Proposal Committee (POPC) will host a public presentation on methods of police oversight (tonight) Wednesday, July 11, 2012 from 6:30 to 8:00 pm at the Fullerton Public Library Conference Center. The public are invited to attend. There is no admission charge.
Citizen Oversight committees are composed of community members who review complaints, look into claims of misconduct and harassment, and investigate instances of excessive force.
The fallout from the Carlos Bustamante sexual assault case has now begun in earnest.
According to the Voice of OC(EA), here, the County has fired some high level guy named Jess Carbajal, the Director of Public Works, and Bustamante’s immediate boss. Mr. Carbajal’s offense appears to be that when the first anonymous complaint against Bustamante was received in March, 2011, he directed the Public Works HR crew to investigate. Too bad they worked for Bustamante! Naturally the conflict of interest resulted in no investigation at all. Bad, boy, Jess.
The fish rots from the head.
Of course Carbajal, who now has lawyered up, has already fingered County CEO Tom Mauk and then Board Chairman Bill Cambell as being well aware of the original complaint.
It seems to be common knowledge that Bill Campbell was Bustamante’s political mentor and promotor; and that the gross, serial perv held a series of unrelated jobs and possessed no discernible professional skills as he ascended the high-paying County bureaucratic ladder. Somebody was looking out for this miscreant and it seems to be generally accepted that these people were Mauk and Campbell.
You lookin’ at me?
At this Carbajal just looks like a ineffectual patsy with no moral scruples, but he probably has a lot to say. Why it took so long to dump him is an interesting question all by itself.
Our new city council members recently received this unsolicited e-mail from former City Manager Chris Meyer:
Council Members, you might want to consider the attached article from Oakland on police commissions/ oversight, before you decide how you want to proceed. It is very instructive on the challenges you may face. Since the procedures for disciplinary action for police officers are embodied in their labor contract (which is subject the collective bargaining process under MMB, PERB; and other State laws, as well as long established city policy), and since the current contract with the optional extension, doesn’t expire until 2014, an oversight commission would be a ineffective, and generally useless until a new contract was mutually agreed upon, or imposed unilaterally on the POA.
Instead, you may want to focus on appointing a permanent Chief of Police for the time being, and see if the problems can be resolved that way. As to the Council appointing a Chief of Police, go ahead and give it a try. It will be interesting to see how the Chief interfaces with the Council, and implements both your individual, and collective agendas. You might want to ask Shawn, Sharon, or Pam what the closed session discussion was like when the most recent Chief was selected. You will note that in the City Manager Ordinance, that the CM is required to consult with the Council on the selection of the Chief. That means that at least three Council Members need to concur with the CM’s recommendation in order for it to happen, unless of course the CM is planning on looking for a new job. For all practical purposes at least four members of the Council need to concur, as no Chief candidate will take a job on a 3/2 vote.The Council also interviews the final three candidates for the job, and can direct the appointment. Generally the CM can work with any of the top three, so the selection is responsive to the Councils direction, and desires. Finally, ask yourself this question? Do you want to be responsible for the Chief’s actions. Remember that will require you to fall on your collective swords, as well as the Chief, if something like Kelly happens again. And, just a reminder, the Chief gets POBAR protection, and presumptive clause protection for medical conditions related to the incident, or the job, so you would be gone long before he, or she would, as you would bear the ultimate responsibility.
Chris Meyer City Manager, Retired
The part I love is the former City Manager trying to scare the new council members into the same craven cowardliness that tanked the last crew. Do you want to be responsible for the Chief’s actions?
Well, hell yes!!
Leaders lead. The poor, brainless bastards that just got recalled failed to lead. They let “the system” take charge; the result was a disaster. Comically, the otiose Meyer derives his entire screed on the premise that “things just happen.” But Meyer fails to grasp one basic truth: things just happen when nobody is in charge.
Typically, Meyer omits to remind the new council that hewas in charge as the Fullerton Police Department slid down the greasy slope of corruption. Typical? Yes, indeed. The old, corrupt regime never took responsibility for its actions. And a bloated pustule like Meyer could make $200,000 a year coaching his three sawdust-brained puppets to dodge the accountability they were elected to assume.
Cal Watchdog Editor’s note: This is the second part of a three-part series on how the homeless and mentally ill are treated in California. Part One was about the Kelly Thomas beating and death.
By Tori Richards
Welcome to 450 Bauchet St., a 10-acre compound in the heart of downtown Los Angeles that is the world’s biggest jail. Known as Twin Towers, it has a population greater than many small towns, with 3,911 inmates, 900 staff, and even its own hospital. But it also has another distinction: the world’s largest mental institution.
Housed in one wing and encompassing four floors, the mental health ward tends to approximately 1,200 inmates with psychiatric problems. Several hundred more of the most severe cases are located in the hospital.
California is now a state where the police — not doctors or counselors — are the front lines to millions of mentally ill who have no other recourse than to end up in the jails.
“Sheriff Baca has frequently commented that the mentally ill belong in a mental institution,” said Capt. Mike Parker. “In law enforcement we deal with things because other aspects of society have failed. You have a system not addressing the need. “In the end, law enforcement is the last stop. We’re not looking for that responsibility; it was given to us.”
A breakdown in the system has led to a large population of the mentally ill who turn to crime or simply wander the streets homeless, a recipe for disaster.
Just look at the case of Kelly Thomas, a 37-year-old schizophrenic homeless man who belonged in a mental care facility rather than on the streets.
Although FFFF hasn’t been reporting much on County activities it’s pretty hard to overlook the latest management crisis in the County Hall of Administration, in which top managers appear to have hushed up a multitude of sex crimes and workplace harassment perpetrated by a creep named Carlos Bustamante. Bustamante is a Santa Ana city councilman, and until last fall, a high level bureaucrat in the OC Public Works Department. Mr. Peabody touched upon the mess, here.
Bustamante was arrested last week by the DA, fifteen months after an anonymous letter was received by the County. Apparently that complaint was actually given to an underling of Bustamante to investigate! It remains unclear who made that call, but his boss, the Director of Public Works is taking the hit for the team – so far.
Mauk.
Meanwhile a second complaint in August 2011, spurred the CEO, Tom Mauk to hire an outside lawyer to investigate Bustamante’s activities. The consequent detailed report, completed in September 2011, supposedly detailed some pretty greasy stuff. For some reason the Supervisors were not shown the report – except for Chairman Bill Campbell, who now amazingly claims he refused to read it, supervising apparently not being one of the requirements of a Supervisor. The report remained under lock and key as Bustamante was permitted to quit and given 3 month’s salary to (get this) – prevent him from suing the County! Blackmail? Who knows?
Finally, the report came to the surface after the County’s Internal Auditor, pursuing his own investigation (and after months of stonewalling by Mauk and his HR Director, Carl Crown) was permitted the IA to see it. At that point the jig was up and the Board was notified of the damning report. They immediately referred the matter to the DA for an investigation which culminated in a dozen felonies and four misdemeanors.
Remarkably, in the intervening months between March 2012 and now, Mauk has been permitted to keep his job despite the inescapable facts of incompetence, cronyism, withholding information from the Board, and of course, paying Bustamante $45,000 to go away without a ruckus. Sure sounds like a cover up, doesn’t it?
Boss Tweed, OC style.
Evidently the Board, or a majority of it at least, likes this kind of thing and thinks it’s just fine. Bill Campbell has publicly said so, claiming the Mauk was just trying to protect the County by covering up Bustamante’s behavior. Of course that begs another question: why did anybody put the County at risk by employing this scum-sack in the first place? For that you may direct your question right back to Bill Campbell, who has been Carlos Bustamante’s political patron over the years, and who, no doubt, presided, along with Mauk, over Bustamante’s weird and inexplicable assent to the top of County government.
A “closed session” was held by the Board on Friday to discuss what to do. Apparently doing nothing remains the Board’s path of least resistance as they have postponed taking about the matter ’til July 24th. They had better hurry up. The DA has said that he’s not done investigating and will now focus his attention on personnel with the Hall of Administration itself.
Something has been bothering me, and I have a question: What is a waistband?
I don’t really know. It sounds like something that held up those stretchy green rayon pants old grandad wore.
I do know that it is the handiest thing imaginable for cops who, for whatever reason, have just plugged somebody. How many times have we read in post-shooting news articles that Mr. Sinister was “reaching for his waistband” when Officer Galahad, fearing for his own life, felt compelled to shoot him four or five times? Apparently a “waistband” is the place that bad guys stick their pistols, or knives, boomerangs, or whatever; or that’s the plausible place he they would stick ’em if they had ’em in the first place.
And how many times has the DA, investigating the shootings, given a pass to Officer Galahad or one of his brethren, due to the claim, often unsubstantiated, that Mr. Sinister was “reaching for his waistband?”
Of course it’s a little embarrassing when it turns out that Mr. Sinister was completely unarmed. Then you would think that the “reaching for waistband” defense would come up a little short. After all why would a bad guy reach for a weapon that wasn’t there?
But no! It seems that for a successful Reaching For The Waistband defense, a policeperson merely needs to chant the mantra and that establishes the defense. After all, how was Officer Galahad to know that Mr. Sinister was merely trying to pull his pants up?
Editor’s (Cal Watchdog) note: Today marks a year since Kelly Thomas, an unarmed homeless man, was severely beaten by Fullerton police. He died five days later. This is the first of a three-part series.
By Tori Richards
An outside investigation into whether police officers violated policy leading up to the beating death of homeless man Kelly Thomas will be completed shortly. If consistent with preliminary findings, the investigation will lambast the Fullerton Police Department for a series of blunders.
A CalWatchDog.com investigation has found that, not only have the officers’ actions violated the city’s police policy manual, they are in sharp contrast to another police agency that encounters the homeless at a rate hundreds of percentage points higher, but without a record of violence.
The Los Angeles County Sheriff’s Department — a model agency in its dealings with the homeless — has more than 2,000 encounters a month and runs a groundbreaking program that seeks to aid that sector, rather than incarcerate them.
“The International Association of Chiefs of Police gave its highest award to the LASD in 1996 because we partnered law enforcement with mental health and social workers to work together and identify people living on the streets and provide opportunities to them,” said Sheriff’s Capt. Mike Parker.
That was 16 years ago and LASD is still going strong. Numerous police agencies have followed their lead and initiated their own polices, including Fullerton.
But on July 5, 2011, none of that seemed to matter when Thomas had a fatal run-in with six police officers at a Fullerton bus depot. The 37-year-old man was a schizophrenic who preferred living on the streets to a structured life indoors where he took his medicine. Read more here.
It looks like the repuglican phalanx has already started to dredge Laguna Lake for candidates to run in November to hopefully reclaim the Fullerton City Council for themselves, and maybe even rewrite the history of the Recall. Well, good luck with that.
It seems that one of their own kind, Jennifer Cowan-Fitzgerald has been making inquiries to important local elected officials about the possibility of a Cowan-Fitzgerald city council campaign. Who is this person? A lot more about that later. In the meantime, enjoy this snapshot of Ms. Cowan-Fitgerald’s front yard – just to show where this woman’s sympathies lay.
No Recall? Now that’s not very good, is it?
Apparently Ms. Cowan-Fitzgerald is not a fan of mine, or of our humble blog. Well, gosh. Was it something we said?
Suffice to say, I will do anything and everything I can to make sure we have no more of these unaccountable, irresponsible, mealy-mouthed RINOs foisted on us by Ed Royce and the dwindling repuglican crowd.
You know, Larry Bennett really could have just left it alone. After dodging a final, humiliating meeting to certify the recall election that drove them out of office, at least one of the Three Bald Tires finally deigned to show up at Fullerton City Hall tomorrow morning to do the deed. It could have been done quietly with as little fanfare as possible. Actually only one of them even needed to show up.
But no.
Bennett seems to think the Three Dead Batteries need a sendoff appropriate to all the wonderful things these men have done for Fullerton. Friday he notified supporters of the Three Tree Stumps that there was to be a special council meeting, and that he hoped everybody would show up to let them know what terrific public servants they have been.
Bennett has likely spent the week-end making phone calls to drum up some folks willing to say kind thing about the Three Pea-less Pods. No doubt some will show up. And others are likely to show up now, too. People who recognize the disastrous misrule of these three characters:
Yes, I was the king.
Don Bankhead: dumb-bell, and self-annointed king of Fullerton, whose somnolent councilmanic career was punctuated with one Redevelopment boondoggle and union give away after another.
Crazy? Check. Rude? Check. Gone? Check.
Dick Jones, the southern fried lunatic and loud-mouthed bully who never came to understand that the authority to give orders doesn’t confer wisdom – or even relevance.
To all appearances it looked a lot like a street gang.
Pat McKinley: protector and apologist for the undeniable Culture of Corruption in the Fullerton Police Department that he himself had created. Those ladies weren’t like you. Aliens. Don’t rush to judgement.
Well, good bye and good riddance.
The sun had been warm and life was good. But all that changed.
And please take Larry Bennett with you. The tide is rising.
Dear Friends, we received the following e-mail today:
The Fullerton Police Department needs a housecleaning; a big broom that will reach all the way back into the filthy corners that haven’t been cleaned for years. There are hairballs and dust bunnies back in there dating to Patdown Pat McPension’s first years on the job.
Except for those inside the department and the cowardly do-nothing types like Sharon Quirk who would have us believe that she and Dan Hughes are cleaning up the spills on Aisle One, nobody believes the department is capable of reforming itself. We need an objective outsider to do the job. Somebody who has experience as a municipal police chief, but who isn’t afraid to take on the establishment.
That person is Bill Hunt.
As a lieutenant in the OC Sheriff’s Department he was the Police Chief of San Clemente. He took on the corrupt Sheriff, Mike Carona when nobody else had the guts to. In doing so he earned the enmity of all the other crooked repuglicans in Orange County. It cost him his job.
Let’s get Fullerton back on track. Let’s get a strong, effective, honorable reformer running our police department!
