The Sound of Silence

I would have done it even cheaper...
I would have done it even cheaper…

Not much has come out of Fullerton Junior College lately on the case of cop-turned-security guard Dino Skokos who handed out an unwarranted beat down on an undernourished FJC student in October.

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?

https://www.youtube.com/watch?v=a9KyMyo-fcA

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
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...
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.

Trust the System that Can’t be Trusted

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.

Oh wait. Nevermind.

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.

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Map 8A Won’t Represent You

map8a-council2016

Well voters have spoken and District Map 8A will be how Fullerton is divided for the next two coming elections. Do you know how it’ll play out?

No. You don’t. You don’t because neither does the city and they don’t because nobody thought to figure it out first. Not even the people on Council when the lawsuits on this issue were settled.

Do you know what districts will be up for a vote in 2018? Nope. That hasn’t been decided yet.

The assumption is that it’ll be districts 2 & 5 because 2 is where Chaffee resides that he’s up for re-election in 2018 with nobody else living in his district and 5 because nobody on Council is a current district 5 resident. This is incumbency, and establishment, protectionist nonsense.

But Sebourn is up for election in 2018 as well so why not put district 3 up for a vote? Oh because that’s where Silva lives and therefore they’d have somebody in their district who is theoretically accountable to them. Therefore if Sebourn wants to stay on Council he’d have to move. Why not make Chaffee move instead? He keeps talking about how great Brea is so maybe it’ll prompt him to finally leave.

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Do Not Trust the Trustees

On Thursday, November 17, the North Orange County Community College District held an the Environmental Impact Report scoping session for the Measure J funded improvements to Fullerton College.

As  you know from our previous report on this matter, the proposed improvements include a football field (estimated during the presentation to cost $4 million to build, so consider that a low floor to the likely final cost) but does not include improvements to the Veteran’s Center. When this discrepancy was addressed, Fullerton College President Greg Schultz gave the following explanation:

  1. We have to understand that the NOCCCD cannot do everything it would like to do with Measure J funds, so they have not been able to make the improvements to the Veteran’s Center at this time;
  2. The stadium will be funded through other funds, not Measure J money and he promises to not use Measure J money to build the stadium.

Let’s take these two responses one at a time, shall we?

First, the characterizing of the veteran’s center as just one of many improvements that the NOCCCD would like to perform is extremely dishonest. Let’s re-wind the clock again to back when NOCCCD sought voter approval for their $574 million construction bond:

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Records Request? Denied!

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?

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Independent Person Wanted, Inquire Within

I'm bringing in my brother-in-law, Bob.
I’m bringing in my brother-in-law, Bob.

According to the City of Fullerton’s website the City Attorney is looking for an “independent person” to investigate the activities of our City Manager, Joe Felz. Here’s the PSA:

Can anyone apply?
Can anyone apply?

Now in the first place, the idea of of our mush-mouth City Attorney employing anybody not willing and able to deliver the right verdict on the events of Wednesday morning, November 9th, is ridiculous; but really, an independent “person?” Attorney Jones’s gardener? His CPA? His car detailer?

Seriously, though, the hiring of an investigator by the City and calling him (or her) independent is a complete farce. For there is a fundamental conflict of interest here, just as there is for the Fullerton Police Department to investigate their own boss. I can see it, you can see it. Probably even comically ardent FPD supporters like Chaffee, Flory and Fitzgerald can see it. But unlike us, they don’t care.

The truth of what I’m saying is pretty evidently contained within the facts of this situation: it is not a personnel matter. Joe Felz was driving home from a series of private parties in Downtown Fullerton’s Liquor Row. He was not on duty, he was not engaged in any official capacity. He was just a guy fidgeting with wires under his dashboard who ran off the road, knocked over a tree, churned up some dirt with spinning tires, moved on down the road a bit, was interviewed by the cops, was given an okie-dokie by them, was driven home by them, and was tucked into bed.

What does any of this have to do with Mr. Felz’s job as City Manager?

We Get Mail

FFFF has always been a drop box for mail from sources that prefer not to be identified. Some are obviously credible; others perhaps less so – sort of like like Sgt. Andrew Goodrich the FPD spokeshole who claimed that the cops who killed Kelly Thomas suffered broken bones, etc.

Yesterday, we received an e-mail from one of our readers identifying himself as “DTF” who passed along what was presented as information sent out by a disgusted cop who was hired, and departed the FPD for a different agency during former POChief Danny Hughes reign:

cop-letter

 

And there’s more, relating to the Joe Felz incident:

I have excellent sources at FPD who hate the Hughes clan because of the lies and double standards. 

Get a hold of those videos before they are  erased, hopefully that hasnt already happen. Admin is trying to make the officers sign a new policy to prevent them from talking about the incident.

When the first two officers arived on scene, Felz was still in his car trying to free it from the sidewalk and tree. The officers pull up behind Felz just as he dislodges his car and drives away. The officers purse him and actually perform a semi pit maneuver to stop his vehicle. (There is minor damage to one of the police cars if not both) 

This next part is sketchy. One version he was pulled out of his car at gunpoint and Felz identifies his self and  immediately says to call Hughes. The other version is he flees his car when it has been immobilized and there is a short foot pursuit.

But one thing I know is that the officers on scene said Felz was HAMMERED there was no doubt he was drunk. 

There is definitely video of the whole incident from the point the officers arrive on scene.

FYI no breathalyzer is necessary on scene. You can’t make a person take one at the scene. But the accident it self, coupled with his obvious impairment is plenty to have arrested him.

Put pressure on the PD to release the video. This is another huge cover-up by Hughes and his boys.

DTF

Friends, feel free to lend credence to this information in any degree that makes you feel comfortable.

The Odd Case of the Client Newsletter

richard_jones

Okay, you may have painfully listened to the five-minute drone of Fullerton City Attorney Richard Jones on a previous post, explaining why no information was forthcoming in the Case of the City Manager and the Dead Parkway Tree. Sorry to inflict that on you, but no pain, no gain, as they say.

If your cerebral synapses are sufficiently recovered, reflect back on what Mr. Jones, Esq. said, and what he was asked to repeat twice by our Mayor, about electronic records generated at the scene and how they could not be released via PRA request because they were part of an “ongoing investigation;” but moreover, because they were somehow part of some sort of double-top secret “personnel” proceedings.

But wait! A quick trip to Jones and Meyer’s website newsletter to clients (we are clients, aren’t we?) reveals some interesting case law that seems to show exactly the opposite of the malarkey Jones was pitching to a remarkably incurious Council the other night. Here’s the synopsis:

mav-evidence

See? The video was created before any administrative investigation, or internal affairs investigation even started.

So let’s get this straight. A “client alert” sent out less than four months ago seems to contradict what Jones said, and reiterated twice on Tuesday night. Hmm. Hopefully someone can drop by to explain why the case of City Manager Joe Felz isn’t covered by the Greenson case finding by the Court of Appeal.

See? FFFF Can Do Puff pieces too!

While the focus of this blog is rightly on the many problems and challenges faced by the City of Fullerton, I’d like to briefly mention a bit of a positive story, just this once.
Many of you know Thom Babcock, who was one of the members of the group behind the 1994 Recall, who most recently served as Fullerton’s representative on the Metropolitan Water District from 2012-2013 and is a friend of this blog and many of its contributors. This it Thom:
babcock
Since 2014, Thom and his granddaughter, Alyssa, have participated in Catarina’s Club’s pasta drive, which helps feed motel kids in the Anaheim area. Thom estimates that he and his granddaughter have collected 125 pounds of food for the drive and $300 in donations so far, but if any of our friends at FFFF would like to help add to the total, you can contact Thom by Sunday (Nov. 20) at tbabcock2609@gmail.com to drop off any additional donations of pasta or pasta sauce. There’s a lot to be cynical about in our political environment but there are good people and causes in our community and if you can help a lot of kids in need will appreciate it.