Watch Your Wallet Archives - Page 29 of 86 - Friends For Fullerton's Future

August 6, 2019September 9, 2020Bad Cops

Cicinelli Got $1K to Hide Out in Arizona

Back in 2012, after Fullerton Officers beat Kelly Thomas to death. In the aftermath, that is still ongoing today as former Officers Cicinelli and Wolfe continue to fight their terminations, the Cicinelli family asked for close to $1k in order to hide out in his parent’s house in Arizona.

Cincinelli Living Expenses

“We have recently been asked by one of our police officers involved in

the Kelly Thomas incident if the possibility still exists for

reimbursement of extra living expenses incurred in August following the

publication of their home addresses on a local blog.  I believe I had

conversations with Alan about this expense being reimbursable under this

policy.  As I recalled, our discussion was that certain expenses would

be allowable if they met the “reasonableness” test and clearly were

additional living expenses.

At the time, none of the officers asked for reimbursement.  We now have

one indicating that he did incur additional expenses in the weeks

following the publication of his home address when he relocated his

family.  He originally was inclined to not seek reimbursement, but now

wishes to do so.

Please advise whether you are in a position to consider such a claim

and, if so, what you will need to review to evaluate whether any

expenses are reimburseable.”

This request was received by Human Resources Director Gretchen Beatty, who we figured should have laughed it off, and then paid out to Cicinelli.

“We will reimburse the expense. Can you just confirm that the amount being sought is 969.31 and the check should be made payable to Jay Cincinelli and mailed to [redacted].”

The excuse was that somebody doxed Cicinelli but the truth is that somebody ran a public Google search and posted comments around the internet of information readily found on said internet. Hardly an excuse to shell out more money to a guy who just smashed somebody’s face in.

Or as one City Staffer put it:

“Maybe he should have thought about all this before he beat a man to death…..”

July 18, 2019July 18, 2019Big Brother

Lack of Control at OC Animal Control

by Joe Sipowicz4 Comments

Once in a while we here at FFFF like to shine a spotlight on some of the more ludicrous doings down on the County farm, and today’s special comes from a Friend who wants to be known as Stephanie. Apparently, Steph had an encounter with the good folks at OC Animal Control recently and decided to share her story. Here it is:

Dear FFFF,

I’d like to relate an experience I’ve recently had with the county’s animal control people. I was breaking up a cat fight between my cat and a stray when my pet in a real excited state bit my hand pretty badly. Fortunately the nurse at urgent care warned me that they were legally required to report the incident to the County and my cat would have to be quarantined under County supervision, all because of rabies. This was ridiculous because my cat had just got its rabies vaccination.

Sure enough, the Animal Control people started showing up a few days later. I made up a story about getting bit by a stray somewhere and after returning for further interrogation several times they finally sent me this letter:

Wow! Medically cleared by Animal Control! The funniest part of this letter is the reassuring reminder that no cat has contracted rabies in Orange County in 62 years. What’s not so funny is the time, resources, and bureaucratic rigmarole involved in an incident that was nobody’s business but hers.

July 17, 2019July 17, 2019About Us

Breaking News: Fullerton Threatens Local Blog – Again

by Joshua47 Comments

The city is threatening to sue us… again.

Let’s have a look at the newest letter from the city (PDF HERE) before getting into why this is happening:

Dear Ms. Aviles:

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

As legal counsel for the City of Fullerton, I write, pursuant to California Government Code section 6204 et seq., to notify you, as legal counsel to the owner(s) and/or operator(s) of the Friends for Fullerton’s Future (FFFF) blog, that the City of Fullerton has reasonable grounds to believe that owner(s) and/or operator(s) of the FFFF blog are in unlawful possession of records belonging to the City of Fullerton. The records were taken and used by FFFF blog owner(s) and/or operator(s) without the City’s authorization and fall within the definition of “record” under California Government Code Section 6204(a)(2), as well as the definition of “public records” under California Government Code § 6252(e), and are described as follows:

Any and all records obtained from the City of Fullerton’s Dropbox account (https://cityoffullerton.com/outbox) that were not directly provided by the City to Joshua Ferguson or any of FFFF’s agents or associates through an emailed link, including, but not limited to, records contained in a folder named “prl 919 – Josh Ferguson.”

Therefore, pursuant to Govemmentt Code section 6204, within twenty (20) calendar days of receiving this notice, the owner(s) and/or operator(s) of the Friends for Fullerton’s Future blog are hereby directed to either:

(1) Return the above-referenced records to the City of Fullerton, as previously requested; or

(2) Respond in writing and declare why the above-referenced records do not belong to the City of Fullerton. Ifthe owner(s) and/or operator(s) of the Friends for Fullerton’s Future blog do not deliver the above-described records, or do not respond adequately to this notice and its demand within the required time, we will immediately thereafter petition the Superior Court of Orange County for an order requiring the return of these records.

We further note that the FFFF blog has posted many of the confidential City documents after receipt of our office’s June 13, 2019 cease-and-desist email. (A copy of that email is enclosed herein). Many, if not all, of the confidential City records posted to the FFFF blog are explicitly exempted from disclosure under the California Public Records Act, would not have been provided to Mr. Ferguson or FFFF agents or associates in response to a Public Records Act request, and could only have been obtained without the City’s express authorization. Such records posted to the FFFF blog are confidential and exempt from disclosure pursuant to the following authorities:

“Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure.” Cal. Gov’t Code § 6254(a);

“Records pertaining to pending litigation to which the public agency is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled.” Cal. Gov’t Code § 6254(b);

“Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” Cal. Gov’t Code § 6254(c);

Law enforcement investigative records. Cal. Gov’t Code § 6254(f); and

“Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.” Cal. Gov’t Code § 6254(k), which includes the following privileges:

o Attorney-client privileged records. Cal. Evid. Code 950 et seq.; Roberts v. City of Palmdale, 5 Cal. 4th 363 (1993);

o Attorney work product. Cal. Civ. Proc. Code § 2018.010 et seq.;
o Peace officer personnel records. Cal. Penal Code § 832.7 et seq.; and o Confidential closed session information. Cal. Gov’t Code § 54963.

FFFF’s unauthorized access and misuse of the City’s clearly privileged and exempted documents constitute a violation of California Penal Code section 502, which grants civil remedies (including compensatory damages, attorney’s fees and potential punitive damages) to any persons or entities injured by any violations thereof. See Cal. Pen. Code § 502(c), (e).

As such, unless FFFF complies with the demands set forth in the City’s June 13, 2019 cease and desist letter within 24 hours, the City will have no choice but to pursue all criminal and civil remedies available to it under the law.

Bruce A. Lindsay

Fullerton Cease and Desist 2 Page 01

What is this all about?

For those in the cheap seats we at Friends For Fullerton’s Future broke news story after new story by publishing documents that the city didn’t want disclosed and tying those documents to local events and items of public interest. Those stories include, but are not limited to:

The city settling with a police officer to sidestep disclosure laws regarding police misconduct.

The results of a Body Worn Camera audit for a School Resource Police Officer who had, what appears to be, child pornography on his (or perhaps department issued) cell phone.

An insurance payout for an accident that destroyed a city vehicle.

Likely fraud by city employees costing over $50,000 worth of waste/theft.

Possible Accounting fraud within the city budget used to hide salary costs.

A city council member specifically targeting one businesses.

Massive Police Overtime abuse that went on for 6 years.

Evidence that the city is lying and violating the California Public Records Act.

And more, and more, and more, and more, and more, and more, and more and more.

In short, they’re mad that we’re doing what journalists are supposed to do daily. We’re using information to piece together stories in order to inform the public.

These latest threats are meant to serve as a chilling effect to silence people who would dare impugn the character of Fullerton with facts the city wants obscured. I’m hesitant to head to city hall or go to council meetings lately knowing that the city is targeting me personally for the use of free speech on this news site / blog. And that’s really the point of these types of threats – to silence dissenters.

How will we respond to this latest salvo by the city? I reckon we’ll confer with our legal counsel and act accordingly.

July 15, 2019Chronic Failure

Your Tax Dollars at Waste

by David Curlee21 Comments

The City has been telling us for years that we’re poor — we need paid parking to maintain the downtown, we need a city sales tax to pay for infrastructure repair, we need higher fees to offset higher pension costs, yada yada yada.

That’s an interesting plea given the inordinate waste that is funded by the City’s General Fund.

When it comes to essential services like investigating crimes, approving building plans, or scheduling a fire inspection — we are told they are short-staffed, and the City can’t afford extra manpower — yet there’s plenty of cash for stuff like what you see below:

$600 of our tax dollars to a non-profit 501(c)(3) organization

$420 for a Fire Department party at the airport

$640 for toy lapel pins to give to children

July 1, 2019September 9, 2020Behind Closed Doors

More of Felz’s Accounting Manipulation

by Lonnie Machin12 Comments

Felz Larger
For a long time we had inklings and heard rumors that former City Manager Joe Felz monkeyed with the accounting around City Hall and fudged as much as possible while pretending, with the likes of Jennifer Fitzgerald that our budget was “balanced”. It was plainly obvious when the Redevelopment Agency was shuttered by State law and yet nobody lost a job that Felz’s priorities were not with fiscal restraint. It was just as obvious when nobody on City Council questioned it that he was bound to keep on keeping on.

So now we have a new small example of how Felz and everybody down the food chain ran our city (emphasis in original):

Kevin City Council Meetings

“Years ago after the Kelly Thomas incident, Joe had authorized a part-time parks & rec employee to hang around in the lobby during Council meetings for (I’m assuming) crowd control or some type of assistance. I just found out today that these employees’ time, averaging 5 hours per Council night, is being charged to Public Works landscaping, apparently because Joe thought that budget had money???? (not). Public Works has finally gotten wind of it and says no more, which I absolutely agree with. Either this coverage should cease, or it should be charged to the City Council’s budget (for which there is absolutely no room).

Please provide direction to affected parties as appropriate.”

While this looks like small potatoes, it goes to the ethics and opaque way Fullerton’s finances were run and the willful ignorance on the part of council. This payroll game is another case of something which ran for literal years before somebody found it by accident at which point the “Oh shit do something” brigade started worrying about details they long ignored.

If payroll for employees is buried in the wrong departments what other money is being used inappropriately around City Hall?

Don’t expect our City Manager to explain how this problem ran for so long and who is being held to account or for our City Council to ask any tough questions or to even address this or any similar issues. That would be out of character and would require them to be open, honest and accountable.

June 28, 2019September 9, 2020Behind Closed Doors

Fullerton Brass Thought Money Was No Object

by Lonnie Machin25 Comments

Back in April of 2017 we wrote a piece about FPD giving taxpayers the middle finger regarding spending cuts within the department. During budget meetings the Police Department offered the PR outfit “Behind the Badge” up for tribute in their paltry cost savings plan and that was pretty much it.

For context, during this time it was mentioned that the police department burned through over $1Million a year in overtime (OT) pay.

What most people didn’t know, hilariously, is that the Chief of Police himself didn’t know how that money was being spent (emphasis added):

“I can be made aware I am spending a lot of money in overtime, but a detailed accounting of that overtime is not available. We have codes for court overtime but, to my understanding, that is all. If the OT was spent to maintain minimum staffing I do not know. If the OT was due to a community event I do not know. If the OT was due to extended shift overtime I do not know. “

That is from the former Chief of Police himself. If Overtime was due to a community event, minimum staffing or extended shift OT he didn’t know.

Let that sink in for a minute.

The Chief of Police didn’t (and likely doesn’t still) know how OT was being used in his own department. And this went on for literal years before Hendricks got here.

Chief_Hendricks_Headshot_Photo-1[1]

This is where I give former Chief Hendricks some praise for at least in one aspect attempting to right a ship that the council, city manager and former Chiefs had let float adrift. Let us not forget that the officers who took the OT never brought it up or questioned it as they were perfectly happy to ride the OT gravy-train into Fullerton’s fiscal ruin.

But wait, there’s MORE! Not only was the Chief unaware of how OT was being spent, we were also burning through OT as standard operating procedure (emphasis added):

“In the last six years following KT’s death, ALL community events and requests were taken on and a large number of them were done on overtime. This was the case up until I got here. I was unaware the marching orders were “do everything and money is no object” until literally last week. In the prior months, I had used personal discernment to tell Community Services to say “no” to some things and, instead to offer an on duty Watch Commander or a beat cop or sergeant to simply swing by and say hi. No exaggeration, if someone asked for a PD display of canines, SWAT and all their equipment etc., we gave it to them. Most of those things happened on the weekend and many of the individuals responding did so on overtime.”

The mentality was “do everything and money is no object” for 6 years until Hendricks put a stop to it. This was likely a Dan Hughes and/or Joe Felz thing that just sat uncontested by our lazy, incompetent and/or corrupt city staff and council because the idea that the council didn’t know about it is laughable. The only way they didn’t know about this is because willful ignorance is bliss in council chambers and feigning ignorance works too well with low information voters.

If nothing else this shows a complete lack of budgetary seriousness for at least six years from our City Councils, City Managers, HR Director and Police Chiefs in that time. You can’t seriously talk about balancing a budget and being conscious of costs when you have standing orders that “money is no object” and your Chief of Police is ignorant of how the money in a $1Million+ budgetary item is being allocated and spent.

June 27, 2019September 9, 2020Bad Cops

Fight a Paramedic, Win a $100K

by Lonnie Machin16 Comments

Chief_Hendricks_Headshot_Photo-1[1]

Remember when Chief Hendricks left Fullerton after his run-in with some paramedics at a Lady Antebellum concert?

It looks like we hired a PR firm to polish the turd of a Press Release and even the consultant admitted that Domer slobbering all over Hendricks looked bad since we were paying Hendricks to leave (emphasis added):

“We’ve had a chance to look at the draft releases and to read your summary of where things stand. We are concerned that if there is an quotation in the release from you – and the settlement with the Chief is made public later – this could come back to hurt you and diminish your credibility, since people will wonder why you spoke so effusively about a person who was effectively paid to leave.”

But how much did we pay him? Over $100K, that’s how much.

Hendricks Dollars Value

Most people who get charged with battery get a perp walk and not a golden handshake. It must be nice to live on that side of the government. This, for obvious reasons, was left out of the press release.

June 24, 2019September 9, 2020Chronic Failure

Did City Employees Steal Over $50K of Equipment?

by Lonnie Machin20 Comments

CNG Fullerton

Another day, another story of alleged theft/fraud of city property here in the city of Fullerton finally coming to light.

“In late January 2017, Julia James contacted me about some questionable purchases charged to Facility Superintendent Bob St. Paul’s City-issued procurement card. I asked Tim Campbell to review the purchases for calendar year 2016. His review revealed several purchases charged to the CNG Fund that did not appear to be CNG-related. Based on the preliminary findings, I asked Tim to examine Bob’s P-card purchases for 2014 and 2015 as well. Over the three years, Bob used his P-card to charge the CNG fund slightly less than $12,000 for several dozen purchases. Many of these purchases had no clear relation to CNG operations; for example, there were multiple purchases for clothing, flashlights, tools, and canopies, some of which appeared to be for personal use. Most of the purchases were initiated by Public Works Analyst Trung Phan, the CNG operation’s manager.”

This time around it looks like the protocols and oversight in the city were so lax that over the course of years employees were able to use their city issued purchasing cards to buy over $50,000 worth of stuff that was of no use to the city.

“It took the audit team about a week to complete the additional review and inventory. When the team finished, the value of questionable purchases increased to at least $50,000.”

Former employees Bob St. Paul and Trung Phan allegedly worked together to charge items to the CNG (Compressed Natural Gas) station on Basque and Commonwealth and when the city tipped them off that they were under investigation – it appears they returned as much as possible in the dead of night and so no real investigation was done and no prosecution was possible.

‘While playing the archived video, we found several instances of Trung arriving at night, briefly stopping at the CNG station, and then unloading items from the back of his personal truck and taking items into the storage area.Bob was also observed returning an item very early in the morning.The incidents took place after Dennis and I counseled Bob and Trung regarding the P-card purchases, but before they were placed on leave.”

That video evidence was actually found out purely by accident which would be comical if it wasn’t so sad.

On top of purchasing things of no use to the city and absconding with them, only to return them in the dead of night, Trung also allegedly manipulated his payroll to get unjustified overtime.

“The research revealed that Trung charged overtime several times a month, claiming he had to come in after hours to reset the station’s equipment. This contradicted with indications by Fastech’s maintenance technician, that the equipment rarely failed.”

That nobody in the city up the food chain knew the efficiency or status of the CNG station and what the vendor even did, as evidenced by an employee able to fake overtime for unneeded work, is another damning indictment on city hall.

The culmination of all of this was yet more settlement agreements coming out of corruption or malfeasance on the part of government employees and not a word to the people of Fullerton. It’s just $50,000+ of your money that was wasted so why tell you anything?

What all was purchased? How much money was wasted? How long did all of this go on and was anybody else involved? The world will never find out. Why? Because:

CNG Investigation Halted

“We halted the internal investigation when the employees made the decision to resign. As such, I am not anticipating a final report.”

That’s right. The city decided they didn’t want to know the full extent of the issue once they were able to settle with the employees in question and successfully sweep this issue, like so many others, under the rug.

We here at Friends for Fullerton’s Future had inquired about this issue when we were first alerted to it and the response at the time from the city was as follows:

“Regarding #2 of your request, the records you have listed are exempt from disclosure pursuant to Government Code section 6254(b), (c), (f) and (k); Government Code section 54963, Evidence Code Section 950 et seq., Code of Civil Procedure section 2018.010, and Government Code section 6255 (personnel, law enforcement investigative files, Brown Act, litigation, attorney-client privilege and attorney work product).”

So much for an open and transparent government. Once again we were all left in the dark while simultaneously being forced to pay for the useless purchases, admin leave and billable hours required to settle this nonsense.

Speaking of the settlements, the one with Trung, likely the same or similar with that of St. Paul, has the boilerplate Paid Leave (vacation) nonsense and other such niceties. The best part though, as usual, is as follows:

“Employer agrees not to defame, disparage or demean Employee for anything he did or may have done in the course and scope of his relationship with Employer.”

Lord help the next employer these two end up working for in the future which in the case of Phan is the CA Department of Transportation. I guess the city helped him to fail upwards.

You can read the settlement agreement with Phan Trung [HERE].

The report about the entire incident is as follows:

June 12, 2019June 12, 2019Behind Closed Doors

Your Voice Means Nothing to City Hall

by Joshua3 Comments

Nextdoor Water Rate Increase Notice

Last month Fullerton requested feedback via Nextdoor and elsewhere from citizens regarding the raising of our water rates because our city is incompetent and decided not to repair infrastructure over the last several decades and now the bill is coming due by way of broken and rotting pipes.

So what we paid for already we need to pay for again and this time they pinky swear they mean to fix things. For realsies.

Those of you familiar with this blog should know about the “7 Walls of Local Government” which is quite possibly one of the best series of posts on local government ever committed to words in the modern era. If you’re unfamiliar go give it a read and then come back.

The 7 Walls, to many people, is simply theoretical so I wanted to offer this Fullerton water rate issue as an example of the walls in practice.

So here we have a form of Local Government Wall #3 –The Performance.

With the current rate hike under consideration the city claimed that they wanted feedback and in order for your “protest” to be counted you needed to sign a letter and email or send it in to the city. One person per household or parcel so hopefully you weren’t a renter or had more than one opinion in your domicile.

Just emails wouldn’t count, social media posts wouldn’t count and ACTUALLY SPEAKING AGAINST the increase at council wouldn’t count. To quote the city’s own FAQ:

“However, oral comments at the Public Hearing will not qualify as a formal protest of the proposed rate action unless accompanied by a written protest setting forth the required information.”

Gee, it’s almost like they wanted to limit it as much as possible all while claiming to be doing far beyond the bare minimum that’s legally required by law.

But they totally cared about your opinions or so they’d like you to believe and even told council.

Being one to not trust bureaucrats I challenged them on the premise and requested what they did with the “protests” they received up to and during the council meeting in question.

Here is the response:

Water Rate Increase Protests

They “were received, recorded and read by Public Works” and council only got a “response letter”.

That “response letter” was prepared early in order to be included in the agenda packet for the city council meeting on 04 June 2019 and was released to the public at approximately 6:15pm on 30 May 2019.

What this means is that council never received your protest prior to voting and thus those making the decision to raise your rates never heard what you had to say before voting.

Better yet – staff RESPONDED TO your “protest” possibly before you even made it. Any protest that came in after 30 May 2019 and before the item closed on Tuesday was just totally ignored. (more…)

April 23, 2019Behind Closed Doors

Community Stakeholder Survey Says

by Joshua12 Comments

Tonight the Fullerton city council will pretend to go over the results of the Community Stakeholder Survey that just recently wrapped up. Remember that survey? It’s where the city is going to, and I quote:

For the next strategic planning session, the City will conduct a community stakeholder survey prior to working with the City Council to develop Mission and Vision statements, and ultimately set goals to implement the Priority Policy Statements.

We don’t have nice roads but at least we’ll have mission and vision statements.

The whole reason for this dog and pony show is to pretend to do something productive while our roads literally crumble around us each day. We’re in a structural deficit and only balance our budgets by selling capital assets (city owned property) and by not filling vacant positions.

So when people complain that we’re understaffed the current and retired staff are entirely to blame for this problem because they’re eating all of our general fund.

As to the survey itself, how engaged were the people of Fullerton in regards to this important mission of vision questing?

Vision

Super engaged, so responsive. The whole city was interested in giving their two cents… Oh. No. Nevermind. Almost nobody even knew this things existed and fewer participated.

706 people responded and 9 sent in written statements via email. That’s it.

It was a truly terrible turnout.

But the city, using that whopping return of 706 survey responses and 9 written statements will march ahead ever ready as a city to talk about what our local government’s priorities should be going forward in an open and honest fashion.

(more…)