Watch Your Wallet Archives - Page 27 of 86 - Friends For Fullerton's Future

November 8, 2019Fullerton City Council

Joshua Speaks about Fullerton v FFFF Lawsuit

Joshua Voice of OC — Photo by JULIE LEOPO, Voice of OC

I’ve been pretty quiet since the City of Fullerton decided to sue me, David Curlee and this blog. We were under a Temporary Restraining Order (TRO) so knowing what I could and could not post was up for legal debate. Yet at the same time the TRO was active, the City Attorney, Kim Barlow, was out in the open calling us hackers and thieves to our friends, neighbors and the world at large. Yay illegal prior restraints in violation of the 1st Amendment.

The basic issue here is that City Hall screwed up and then decided to smear and scapegoat us to cover their own bureaucratic hindquarters.

To this end they hired some experts to bloviate about BS in an attempt to confuse people and obscure the truth about what is actually being alleged against us and City Council bought it hook, line and sinker.

The ink on the City’s Press Release hit-piece was barely dry before The Fullerton Observer uncritically reprinted it and in an effort to attempt cover the story they brought in their own “expert” who copy and pasted the City’s nonsense in order to paint us as hackers and villains with malicious intentions and evil schemes.

But now I’ll tell you what is actually being alleged; The City is alleging that we went to it’s website and clicked links.

That’s it.

All of their preening about VPNs/TOR, link hashes, network security – All Of It – is a smokescreen. Despite the nonsense about needing to delay the lawsuit to secure the city’s network, the city never alleges that the their network was ever breached or hacked.

The real meat and substance of their argument and allegations is that we “exceeded authorized access” and are therefore “thieves” and “hackers” under the Computer Fraud and Abuse Act as well as the California Comprehensive Computer Data Access and Fraud Act.

We allegedly “exceeded access” because they say we went to a link on the city’s own website, a link they themselves claim that they told us about, and allegedly clicked on files and folders they put there for the whole world to see plain as day. The argument is that we should have known better and shouldn’t have clicked on the files they put on the internet at the website they told us about. That is literally their allegations. That’s it.

We’re apparently supposed to have known what a $1Million+/year worth of government employees & lawyers didn’t know – that some files the city put online shouldn’t have been accessible from the city’s own website.

To bypass the obvious First Amendment issues in this lawsuit and to obtain their TRO the city made the claim that we accessed files that contain privileged medical records of police and their families, etc.

This is why they claim to have needed the prior restraint against us publishing data – to mitigate financial risks to the city. But there is no evidence this blog has published any such information made in the city’s grand accusations. Information, mind you, that the City themselves claim to have put on the internet for the entire world to access. By their logic we shouldn’t be allowed to do as journalists what they themselves have already admitted to doing as incompetents.

The City is trying to unring a bell here and blaming those who allegedly heard it instead of admitting they caused the commotion when they bonked their own heads.

Even if what the city alleges is true, that we allegedly went to the city’s own website and clicked links, the liability and financial risks to the city are of their own doing by their own admissions. It is not the responsibility of journalists or even the public to safeguard the city’s corruption and secrecy after the city itself has put it on display for the entire world.

To call the allegation that we went to their website and clicked links “hacking” and “stealing” is absurd. To demand myself, David Curlee, my former co-worker, this blog at large and unnamed Does 1-50 turn over our entire digital lives (phones, computers, hard drives, flash drives, CDs/DVDs, etc) to the city to cure this alleged link clicking is ludicrous on top of the absurd. And frankly it’s insulting and malicious.

Fullerton is rotten to the core when it actively buries misconduct by employees and officers but attacks bloggers & journalists for revealing truths. That our council would vote 5-0 to pursue this lawsuit and then vote 4-1 to continue it says a lot about our supposed leadership.

Thankfully the TRO was stayed by the Appellate Court and we are free to resume publishing. This is going to continue at least until 21 November and we’ll keep you posted as to the status of this ridiculous lawsuit.

Meanwhile I’m now out of a job thanks to this lawsuit while bills and attorney fees stack up. A good friend and all around great guy, Erik Wehn, set up a GoFundMe account and I’ll incur his wrath if I don’t mention it [HERE] so there it is and thank you to all of the people who have supported myself and this blog financially, emotionally and spiritually in these trying times. Sincerely thank you.

November 7, 2019November 7, 2019Ahmad Zahra

City Blows Off Brown Act – Until Caught

by Joe Sipowicz2 Comments

The shy City rodent finally emerges from its hole…

Yep, just as we surmised, the City of Fullerton illegally ignored California’s Brown Act – a law made to protect us citizens from our own government. I posted here about the secret agenda item and the lack of reporting out, as required by law.

dick-jones — Staying awake…helpful, but not required.

So a recap: on September 17, 2019, the City Council of Fullerton, hiding behind closed doors, both raised the subject of suing FFFF and Fullerton citizens, and then took action – both without a whisper to the public about what had happened in this filthy little Star Chamber.

Another good month’s billing of the suckers!

How do I know? Because in a Voice of OC story today, our grossly overpaid and incompetent City Attorney, Richard “Dick” Jones, said so. Here’s the proof:

And at this Tuesday’s Council meeting, Dick Jones, head city attorney, disclosed that the Council voted Sept. 17 to sue Ferguson over the documents.

It was the first time the city publicly disclosed the closed session vote, as required by state law, despite the vote happening nearly two months ago.

“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.

I’m a bird, I’m a plane, I’m a lawyer. I’m a lawyer!

So two months after the violation, and with the local and national media getting wind of the unconstitutional lawsuit travesty, our esteemed City Attorney decided he’d better get his client to, you know, follow the law. In this case, the City has felt zero compunction about labeling us as unethical thieves while they themselves are completely incapable of doing anything competently or ethically.

November 6, 2019November 7, 2019Fullerton City Council

Reporters Committee on Press Freedom Files Amicus Supporting FFFF

by Joshua19 Comments

On Sunday, 03 November 2019, the Reporters Committee on Press Freedom released an article [HERE] outlining their read on the case against us. They see the overreach and concern to journalists being posed by Fullerton’s read on the law.

“The prior restraint sought here is, of course, concerning. But this is the first case we’re aware of where the computer crime laws have been misused so brazenly against members of the news media. First, the conduct alleged — accessing publicly available documents over the public internet — is clearly not hacking. A court finding that accessing publicly available documents over the public internet constitutes hacking would pose serious concerns for data journalists.”

Two days later, 05 Nov, the same day the City Council voted 4-1 to continue the lawsuit against this blog and two of your humble friends, the RCPF filed an amicus brief supporting us in our appeals court effort to overturn the Temporary Restraining Order issued against us.

You can read the entire RCFP Amicus Brief [HERE]. Some highlights are as follows.

The allegations:

“The essence of the City’s allegations in this case is that bloggers reporting on newsworthy matters of clear public interest (namely, potential government misconduct) violated federal and state hacking laws by accessing information that was made available online by the City to all the world. The City claims it is entitled not only to an extraordinary prior restraint on publication but also damages, in part for claims against the City for breach of confidentiality caused by the City’s own cybersecurity lapses.”

This was not hacking:

“If Amicus’s reading of the declaration of the City’s information technology expert is correct, one did not even need a username or password to access files in the Dropbox account maintained by the City, in which it commingled allegedly sensitive and privileged information with material that it affirmatively invited public records requesters to download.”

The theft from a “house” analogy doesn’t work:

“A public website, including the Dropbox account here, is not like a “house.” When an entity chooses to make information available to the public on the internet, without a technical access restriction like a password, that information can legally be accessed by anyone.”

VPNs/TOR are industry practice:

“It is true that the use of a VPN and Tor serves to protect user anonymity, and that “even some journalists routinely use” them. Id. Indeed, the use of such services is not only commonplace among journalists—it is a recommended industry practice.”

“Everyone should be using encrypted services and applications to protect their communications. In fact, in 2017, the American Bar Association’s Committee on Ethics and Legal Responsibility recommended that lawyers use “high level encryption” or other “strong protective measures” to protect sensitive client information.”

Read the whole thing, it’s worth it. We’ll bring more updates as they happen.

October 25, 2019Behind Closed Doors

City of Fullerton Is Suing Me And This Blog

by Joshua60 Comments

You may have already seen the story and/or press release from the City of Fullerton articulating their lawsuit against myself, Friends for Fullerton’s Future and others.

You can read the Voice of OC’s write up on this lawsuit from the city [HERE]:

“Fullerton city attorneys are heading into Orange County Superior Court Friday to ask a judge for a temporary restraining order against resident Joshua Ferguson and a local blog to keep them from deleting city records they obtained and also asking a judge to appoint someone to comb through electronic devices for the records.”

That lawsuit from the city is retaliation for a Public Records Lawsuit I filed against the city last week which was written up by the Voice of OC [HERE]:

“Fullerton residents may soon find out exactly how former City Manager Joe Felz was given a ride home by Fullerton police officers after hitting a tree and trying to flee the scene following drinking on election night in 2016, after resident Joshua Ferguson filed a lawsuit against the city to produce police body camera footage from that night.”

I will have more details in the near future but our current response is HERE]:

“The basic purpose of the First Amendment is to prevent the government from imposing prior restraints against the press. “Regardless of how beneficent-sounding the purposes of controlling the press might be,” the Court has “remain[ed] intensely skeptical about those measures that would allow government to insinuate itself into the editorial rooms of this Nation’s press.” (Nebraska Press, 427 U.S. at 560-561.)

“Consistent with that principle, over the last 75 years, the United States Supreme Court repeatedly has struck down prior restraints that limited the press’ right to report about court proceedings. The Court has made clear that a prior restraint may be contemplated only in the rarest circumstances, such as where necessary to prevent the dissemination of information about troop movements during wartime, Near, 283 U.S. at 716, or to “suppress[] information that would set in motion a nuclear
holocaust.” (New York Times, 403 U.S. at 726 (Brennan, J., concurring).)

“This case does not come close to presenting such extraordinary circumstances. Thus, the City cannot prevail as a matter of law, regardless of how the records were originally obtained. The City’s requests are flatly unconstitutional in and Defendants, therefore, respectfully request this Court denying the City’s request in its entirely.”

More to come as these two cases play out in court.

October 12, 2019Ahmad Zahra

The High Price of Building Our Future

by Fullerton Engineer6 Comments

It may have been expensive, but it sure was unnecessary…

I watched this little gem of a clip from Bill Maher’s cable show last night. Bill rails against the added cost laden on to stuff simply because people can get away with it it.

In particular Maher notes the exorbitant cost of government projects, namely housing for the homeless and infrastructure where the “soft costs” including the inevitable army of “consultants” and lobbyists drives up the cost to absurdly comical levels. For the cost of building an “affordable” housing unit you could easily buy some homeless dude a condominium.

For those of us paying attention in Fullerton we have seen this in spades:

Five million bucks for a couple of traction elevators at the depot. Two million bucks for some crappy, rickety wood stairs at Hillcrest Park. The better part of a million bucks for a decorative bridge over the muddy ditch known as Brea Creek. Etc, etc., etc. The fact that these vanity efforts were totally unnecessary just adds insult to the injurious price tag.

The fact is that government building projects are grossly over-managed. There are architects and engineers galore; there are construction managers; there are general contractor’s project managers and superintendents coming out of the woodwork. And then there are the government’s “project managers” who manage virtually nothing but have blanketed themselves with warm layers of external “expertise” to insulate themselves against the inevitable sideways momentum of their next disaster.

Meanwhile the politicians who are elected to watch out for our interests are too lazy, ignorant, indifferent, or self-interested to give a damn.

October 11, 2019October 11, 2019Ahmad Zahra

Homing The Homeless Via The Illuminati

by Disillusioned Ex-Hippy40 Comments

The Voice of OC has a detailed story about how our city council approved giving half a million bucks to something called the Illumination Foundation to acquire and operate a homeless shelter somewhere in Fullerton.

As usual Jennifer Fitzgerald and Jan Flory pretended to care about the fact that the public has not been informed of the location of this place even though they know very well where it is. In the end they went along with their brethren Jesus Silva and Ahmad Zahra and voted 4-0 to commit $500,000 to this philanthropic endeavor (their philanthropy, our money). Bruce Whitaker was missing in action.

I really care about you. No, wait. That’s wrong…

Of course Fitzgerald is running for re-election next year in District 1, so we can be certain the proposed property won’t be anywhere near her house, or that of Flory.

September 30, 2019September 30, 2019Ahmad Zahra

A Disturbing Story…

by The Fullerton Harpoon43 Comments

Missing person? Well, they better not show up. Or else…

The cops always ask us, when we dare to criticize their unlawful, corrupt,or incompetent behavior: who are you going to call when you need help? Sometimes the question evolves into a statement: I hope we’re gonna be there when you need us. Then it always comes across as a thinly veiled bit of extortion on the part of those sworn to uphold “public safety,” and are taking public money (lots of it) to do so. I’m reminded of the mob shakedown racketeer: jeez, it will be a real shame if something is happening to youse guy’s nice bisness.

But enough small talk. FFFF received correspondence today from a Fullerton resident who believes he recently made a big mistake calling the FPD instead of just relying on the kindness of strangers.

Here is the story in his very own words – as addressed to the Police Chief, the City Council and the District Attorney.

Date: Sunday, September 29, 2019

To: Fullerton Police Chief, City Council Members, Orange County District Attorneys Office

From: Toby R Oliver, Fullerton resident

A call by me to the Fullerton Police Department last night for help in finding a mother and two-year old son has exploded into at hellish nightmare after FPD Sergeants decided to arrest said mother for doing nothing more than getting lost.

My wife and mother of our three sons, Pranee Sribunruang, now sits in the Santa Ana Jail on $100,000 bail, charged with felony child endangerment because two Fullerton Police Sergeants decided it was their duty to put her there after she went for a walk, got lost and took several hours to make it back home.

FPD Sergeants Brandon Clyde and Emmanuel Pulido pitched a mission of help and concern when I met them out front of our home last night, pulling out all the stops to help find Pranee and our two-year-old son Leo. Then just as the Sheriff’s Department blood hound was about to be given her scent, Pranee stepped out of a vehicle that had pulled up, driven by a good semaritan who found her and Leo at a gas station and brought them home.

This is when it all changed.

Immediately, Pranee was someone who had done something wrong. Forcing her to sit on the curb, out came a thosand questions from the officers. Where did you go? What were you doing? Who were you with? “What do you mean you wanted to walk to Norwalk, you can’t walk to Norwalk,” Sergeant Pulido spewed. I tried to step in, and the officers pulled me away, saying this and that about needing to talk to her separately. One of the junior officers brought me aside and tried to calm me down, “We just want to help her, find out what’s going on,” he said. “Go inside and I’ll call you out in a minute.”

I waited a few minutes, went back outside and Pranee was gone. I asked where she was. “She is being arrested,” they said. “For what,” I replied, “which car is she in?” They wouldn’t tell me, and they wouldn’t tell me what she was being charged with. “You’ll find out Tuesday,” one of them said. Then I saw her head up against the back side window of one of the patrol cars. I went toward her, grabbed at the window and said “babe.” I didn’t know what to say. It had all gone horribly wrong, so quick. And I was responsible because I had called the FPD for their help.

Before I could do anything else, one of the officers jumped in the car and tore off down the street, leaving me there looking after her. I still didn’t really understand what was happening. This was supposed to be about finding Pranee and Leo. Now they were taking her away before I could even hug her.

Pranee is the kindest person I know. Her life is about showing kindess to others. Everyone she meets falls in love with her and her kind spirit. She had never been arrested before. She never even had a speeding ticket. No misdemeanors, no arguments with anyone (except me, her husband), and certainly never any child neglect or endangerment. The only way you knew she was mad at you was when she didn’t speak to you. Now she sits in the Santa Ana County Jail thanks to Sergeants Pulido and Clyde, and our family is torn apart.

The officers asked me earlier in the night, “has she ever threatened to harm herself or her son.” No I said emphatically. Her and I have had our issues, as most couples do. And she has experienced some depression recently, and we are working on this and trying to seek some mental health treatment. All this I told the officers, but sergeants Clyde and Pulido took this to mean something very different.

There was no harm to my son Leo. There was no endangerment, unless walking on the sidewalk at night is felony endangerment in today’s Southern California. Clyde and Pulido just didn’t like her explanation that she wanted to walk to Norwalk to see a friend and trade jewelry. I had explained to them that I had her only debit card because I had misplaced mine the day before, or, she told the officers, she would have taken Uber. Her phone had no service, so she couldn’t call us. It just didn’t add up for Clyde and Pulido so they decided “she met the criteria” and ripped apart our family, just at the moment we were reunited.

Now, I realize the worse thing I did that night was to call FPD, because in the end she made it home on her own – even though we were all very worried – and we would all be home together tonight enjoying each other. Instead FPD has torn our family apart, and we are lost. Never will I seek the aide of FPD again.

And one last thing, I don’t blame Clyde and Pulido as much as I blame the FPD. Where would they get this attitude, this aggressive nature? Where would they get the idea that somebody needed to go to jail in this situation. This is training that comes from the top, and that is your real problem Police Chief and City Councilmembers. Something very rotten is at the heart of your police department, and you need to do something about it.

Toby R Oliver

Now of course this is only Mr. Oliver’s story, but as stories go, it seems to have a degree of verisimilitude. The City will have its own version of the tale, no doubt, even if we are never allowed to see it.

Please note Mr. Oliver’s two conclusions: namely, that it would have been far better for him to have never called the Fullerton Police Department at all; and that there must be an ingrained culture of aggression and inhumanity in the department. As to the first conclusion, I leave that for others to determine. As to the second issue, those of us watching the FPD and the way it operates, have long ago detected a wide vein of callousness that accompanied the criminal and abusive behavior by its employees.

So what will come of all this except embarrassment for his family and big legal bills for Mr. Oliver? He won’t get any satisfaction from his communicants, that’s for sure, or even an apology. No, for the FPD admits of no error as its careening incompetence smashes across the lives of the people who have had the misfortune to be in their way.

September 28, 2019October 18, 2019Ahmad Zahra

The Bullshit of “Anticipated Litigation”

by Joe Sipowicz6 Comments

nothing to see here more along

California’s Brown Act specifically enumerates when public agencies can meet in secret (Closed Session, they call it) away from the prying eyes of the nuisancy public that pays for the whole show. One of these exempt categories is “litigation,” in which secrecy is deemed to be okie-dokie. The problem is that government agencies, when given an inch will invariably take a mile.

But when you fail to specifically constrain the arm of government, they will invariably flex those muscles. And so it is that “litigation” has come to include anticipated litigation which, of course, could cover just about anything, anywhere, at any time. And that label seems to give the City of Fullerton reason to believe it can omit the names of anticipated litigants. The anticipated litigants must, necessarily remain in the dark about what the government is about to do to them, while the government, for its part, gets a jump on its adversary. Of course this isn’t right, but what do rights have to do with the City of Fullerton government?

Let’s first take a look at the City’s Closed Session agenda for September 17:

Opacity from a “transparent” government…

Notice the final two items have been draped in the magical shroud of “anticipated litigation.” We may wonder what the Big Mystery is. Rumors are circulating that at least one of the the items in question is the City’s desire to sue humble little us, Friends for Fullerton’s Future, and that the council has voted to do so. Could that really be true? FFFF, of course, would be the last to know. But the City Attorney made no mention of such doings while “reporting out,” from the Closed Session. If they’re true, what are we to make of the rumors?

Roosevelt Palmer Esq., Seeking Five Sisters…

The City has already sent a couple of laughable nastigrams in our direction, both of which were duly ignored, so litigation is plausible, but only if the City initiates it. This means that it is the City instigating, not reacting to likely litigation, and begs the question of why this issue would not be a matter for public discourse. And it also suggests that it is the city manager and his bumbling lawyers who will have advocated this harassment to cover up their own corruption they didn’t want exposed.

Well, I’m sure that covering up its clownish behavior is the last thing the esteemed council, upright city manager and brilliant city lawyers would ever do, so it seems pretty certain everything will be made clear. One way or another.

September 19, 2019September 19, 2019Ahmad Zahra

The Taxman Cometh

by Mr. Peabody50 Comments

Folks here at FFFF have been prognosticating a new tax for several years. Even as councilcreatures Jennifer Fitzgerald and Jan Flory lied to the public by telling them the budget was balanced, we’ve been watching the strategic reserve fund dwindle away to almost nothing, leveling off last year only because so many positions were vacant.

The fact is that ever-escalating “public safety” pay and benefits, and a ruinous CalPERS pension debt have created what budget bean counters call a structural deficit; meaning, that the annual red-ink baths are a permanent condition that you can’t weasel your way out of selling marginal city-owned properties.

And so the harsh and inescapable reality has finally come home, like a wayward vulture, to roost. And harsh realities always trump the happy lies of politicians. It’s just a matter of time.

Silva 2018 Meddling

And that is why so many people have begun to hear stories that Councilcreature Jesus “Don’t Call Me Jeesis” Silva is sending up the trial balloon of a sales tax on the November 2020 general election ballot. The choice of that date is cynical since the General Election is will produce an electorate much more sympathetic to tax and spend policies of liberals like Silva, Ahmad Zahra, Flory and of course Fitzgerald. The seeds will be officially sown during the 2020-21 budget kabuki next spring. I am giving huge odds.

It’s going to happen. Zahra and Silva are not up for re-election so they must figure they’re safe; Flory is the lamest of lame ducks, a flightless bird, in fact, and thoughtful Friends have already suggested that she was put back on the council precisely for an automatic yes vote on a new tax. After all Flory’s first love has always been public emplyees.

And this leaves Fitzgerald, an erstwhile Republican free to oppose the vote putting the tax on the ballot in order to unburden herself of running for re-election with the tax monkey on her back – exactly where it belongs.

The pieces are now pretty much in place. The only question is how much the FPD Culture of Corruption and their buddies lounging in the “firehouse” are willing to invest in their shakedown.

September 17, 2019September 9, 2020Behind Closed Doors

Will Fullerton’s Pensions Eat the Library and More?

by Lonnie Machin13 Comments

Fullerton Hunt Library

You think we’re full of it when we warn you about the severity of the pension problem in Fullerton (and elsewhere). You think we’re joking about the pension crisis that threatens to eat our city budget whole.

You ignore when Fitzgerald laughs off structural deficits and joins our council in voting for every pay/benefits package our heroes demand.

Well it is a crisis. A crisis of math and a crisis of ethics.

How bad is it?

It’s so bad our City Manager is actively considering giving away property we can’t readily sell to pay what we owe on the pensions.

Here’s an except from an email forwarded by CM Ken Domer to now-former Administrative Services Director Michael B. O’Kelly, CPA asking for his feedback (emphasis added):

I wanted to share information about fairly new alternative funding concept in public pension – funding using “assets-in-kind”.

Followed by:

The concept of using assets-in-kind for pension and OPEB funding is currently being considered by the State of CT. Attached is one of the presentations made during the hearings of the CT Pension Sustainability Commission that explains the approach (PDF document). I thought it may be interesting for you to review. Of course, the approach is not specifically designed for the states, but can be implemented by the local government as well.

Essentially, the pension fund is ready to foreclose on Fullerton.

First we’ll lose worthless assets like the poisoned park, the bridge & stairs to nowhere, some undeveloped land. Then council will vote for some more hero benefits and CalPERS will change the discount rate again and we’ll move on the hunt branch library, the main branch library, the community center, Hillcrest and so forth. At some point we’ll sell City Hall and Council Chambers to the pension fund which would be fitting considering the heroes and their pensions already own our council and staff.

We’ll do all of this because, according to our council majority the budget is balanced.

And because we’re in excellent financial shape.

nothing to see here more along