Last night Councilmembers McKinley, Bankhead, Jones and Quirk-Silva finally admitted what the rest of us had been saying all along: the City of Fullerton’s in-lieu franchise fee is illegal, and has been for the past 15 years. After blowing off the issue for nearly a year (and really, a decade and a half) the city council was forced to suspend the fund transfer that went to pay for General Fund expenses.
Here is Doc Jones’ befuddled admission:
Note that the angrified and bewildered Jones believes that part of the 10% tax maybe had something to do with water delivery. Wrong. It all went to the General Fund to help pay for pensions and four-star hotel room junkets by Jones himself. The water infrastructure and repairs were never paid for out of the General Fund, either. That’s just more confused claptrap from Jones.
And by no means was the tax repealed last night. In fact, the fee will show up on your water bill next month, just as it always has.
Councilman Bruce Whitaker said it very clearly: the franchise fee was collected from ratepayers illegally, was never properly authorized by taxpayers under Prop 218, and needs to be completely thrown out altogether. Deficiencies in the water fund do not change this simple truth, and those shortcomings should be addressed separately with the full notification and approval of the public.
When the tax is finally repealed by a fresh city council, don’t forget that there are millions of illegally-taken dollars that still need to be refunded to water users.
Here’s a youtube clip made by Recall Election replacement candidate Matt Rowe. It contains a very useful reminder of why ex-police chief and the creator of the FPD Culture of Corruption, Pat McKinley, is incapable and unwilling to fix the mess he made.
The opponents of the Fullerton Recall, just like their predecessors in 1994, keep yammering about the “proper” use of the recall process. According to these worthy folks, the power of recall is only to be exercised in cases where an office holder has perpetrated malfeasance in office. Their argument is self-serving. And wrong. Here is what the State Constitution actually says, clearly and succinctly:
CALIFORNIA CONSTITUTION ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL SEC. 13.
Recall is the power of the electors to remove an elective officer.
And that’s it. The rest is all about the technical procedure of doing it. There is no discussion of when recall is appropriate or when it may be used. None. From this terse definition we may reasonably infer that any use of recall is appropriate when the electorate deems it to be so. But what about malfeasance in office? That’s why we have a criminal code!
Of course it hardly needs to be pointed out that the Fullerton Recall has several great reasons to get rid of the Three Dithering Dinosaurs, including failure to lead, creating and tolerating a Culture of Corruption in the FPD, backing an illegal tax on your water for 15 years, and of course, let us not forget, all those insider deals to cronies and campaign contributors in which they gave away streets, sidewalks and government subsidies worth millions.
Anyway, next time you hear somebody like Molly McClanahan or Jan Flory cluck-clucking about this, be sure to to ask them if they’ve ever even bothered to read the State’s Constitution.
Apparently the boy, Kearian Giertz, 17, wandered off the FUHS Indian reservation and made unscripted comments about hoping to find and legally wed the (male) light of his life.
As always, thought of the Friends are welcome. Please try your best to be mature.
The following communication landed in the FFFF hopper yesterday complaining about the recall, etc. It is just so deliciously disjointed, illogical, misinformed, and well, crackpotty that it deserves to be shared with the friends.
I resent having literature sent to my home on the recall. I think this is nothing but a witch hunt. The Support the Fullerton Recall/Water Tax paper sent to my home doesn’t mention the other board members. This tax was voted in 15 years ago and how many council members and city managers knew about this? Why are you only mentioning the three? What about the others? I think if you have enough money to be sending slanted info the citizens of Fullerton, you could certainly use it to a better advantage. I feel terrible about the Kelly case, but I don’t think only 3 board members need to be blamed. From the beginning you have pointed fingers to the three. What did they not vote on that you find they need to be recalled for? Don’t we all have our own opinions and have the right to express them. We might not all agree, but that doesn’t constitute a recall. I think you should call off the hounds and get on with the business at hand. What has the council voted against that has Tony Bushala upset about? Does it have something to do with redevelopment money? Let’s hear about that.
It’s very interesting that this unfortunate soul has been told by somebody that the illegal water tax was actually “voted in” 15 years ago.
Last summer I did a post on the disastrous leadership at the County, and how I hoped the Supervisors would perform a certain kind of cranial extraction and take care of business. Of course that was months ago, and the disasters keep mounting due to the indifference of the antiquated and exhausted CEO, Thomas Mauk. Naturally, the Board did nothing, most likely because a majority of the Board rely on the CEO to push their pet projects through.
The latest mess to unfold is an embarrassing sex scandal that has engulfed the Public Works Department – all due to the bad behavior of some deviant named Carlos Bustamante. Apparently this bad boy was shielded from investigation until things got so bad he was permitted to quietly resign.
Anyway, Vern Nelson over at the Orange Juice Blog has done a write up on the situation that deserves our attention.
UPDATE: I just re-read this wonderful post from my good friend Joe Sipowicz that he published last November. Damn. Read it. Savor it.
When you are done ask yourself whether or not, in good conscience, anyone can fail to endorse, help and vote to recall the Three Dim Bulbs.
– Grover Cleveland
There is a good essay in today’s Wall Street Journal by Holman W. Jenkins, Jr. about the sort of trouble individuals can get into when they act, or fail to act, to shield and protect the institution they represent. And, conversely, the institutions that invest too much credence in the all too fallible figurehead run the risk of failing to employ objective and rationale controls on the latter. As decades of affiliation pass, the problems becomes more acute. Age becomes the enemy.
Of course the writer is talking about Joe Paterno and the disastrous and disgusting pedophilic events at Penn State University. But he may as well have been talking about Fullerton, and about how, after the Kelly Thomas murder, when the public demanded clear, honest, and forthright leadership, their long-term elected officials gave them silence, obfuscation, falsehood, and comfortable retreat behind legal advice they were all too eager to embrace.
Don Bankhead, Dick Jones, and Pat McKinley signally failed their constituents by placing the protection of City Hall and the FPD ahead of their responsibility to do what they were elected to do: lead. Did they ever even attempt to fathom any particle of the truth? Would they recognize it if they saw it? It hardly matters now.
At first it probably seemed easier to simply ignore the Kelly Thomas killing; a whacked out homeless guy versus Fullerton’s Finest? Strictly no contest. After all there was a fight; bones were broken; the bum was a thief; probably a drug addict; an internal investigation would reveal all. Sure, Chief, take your two-week cruise.
Indifference to the victim and the victim’s family, although demonstrating a fundamental callousness, was the least of their dereliction.
Later as the pressure mounted and the glare of the media spotlight became intense, McKinley and Jones began to utter incompetent and ignorant remarks for consumption by the nation and the world: facial injuries are not life threatening; far worse injuries were survivable; the Coroner cannot determine the cause of death.
As public meetings became rancorous they relied upon the monotonous drone of their attorney to explain to an outraged public why they were weak as kittens and powerless to control any part of their own police department.
And they refused to display any concern about why the FPD brass had permitted the cops to review and re-review the evidence that the public is not permitted to see; why their superiors made them re-write their reports of the killing; and why the culprits were permitted to return to duty as if nothing had happened. They ignored the fact that the police department spokesman had lied about cops’ injuries and had deliberately mischaracterized the killing to the public and to the City Council. They never addressed the fact that the “internal investigation” hadn’t even started.
The police chief, freshly returned from his cruise soon wilted like an old lettuce leaf. His replacement was a 30 year veteran of the same department about which a string of criminal behavior had recently been exposed. Bankhead, Jones and McKinley refused to accept what had become obvious to almost every one else: something was fundamentally wrong in the FPD.
As the weeks passed, Bankhead, Jones, and McKinley seemed to hope that temporizing and protracted investigations by the DA and Coroner would cause the situation to just wither away. It didn’t. The protests for justice got louder. Their answer? Characterize the protesters as a lynch mob.
The most telling gestures of all were the damage control employment of an outside investigator, and the appointment of a hand-picked committee to address homeless problems, hilariously suggesting that the real problem was that the poor cops just weren’t properly educated about how to deal with the homeless. The concept that Kelly Thomas was deliberately killed seems not to have been seriously entertained by Bankhead, Jones, and McKinley. No. The Fullerton Police Department doesn’t do that. Fullerton doesn’t do that. We don’t do that.
When the DA finally brought charges of Murder and Manslaughter against two of the cops Jones expressed elation and McKinley befuddlement as to how two of his boys could stray so far from their training. But it was clear that the damage control script was written to write off the two and then retreat back into their insulated bunker.
And yet, by now the public now knew all about what the Three still refused to acknowledge: the embarrassing string of stories of drug addiction, theft, fraud, brutality, false arrest, perjury, and sexual assault by members of the police force. This serial criminality has been met with a stony silence from Bankhead, Jones and McKinley. Why?
Asleep. Fried chicken. Hey, where'd my halo go?
It’s because if they ever could, they can no longer distinguish right from wrong when it comes to protecting the institution that they have come to completely identify themselves with. Those Fullerton lapel pins that they so proudly wear have become a symbol of inertia, dereliction, and blind dedication to an abstraction of their own creation: their own delusional view of themselves and their City. It is a perfect representation of the bunker mentality.
As with a sick patient, denial and inaction will only cause the illness to get worse. The patient is the City of Fullerton, and in the now-ironic words of Dick Jones, it is having a grand mal seizure; we don’t want to let go of the patient, but we need to get it under control. Damn straight. The patient needs medicine, all right.
The more things change the more they stay the same...
When FPD Acting Chief Dan Hughes was handed the keys to the front door, wishful thinkers proclaimed the dawn of a new day for a department reeling from humiliating self-inflicted wounds.
His supporters claimed that Dan, for some mysterious reason, was going to bring decency and reform to a department whose members had, within the short space of seven months been exposed as thugs, perjurers, thieves, con men, sex perverts, destroyers of evidence, thieves (again and again), etc., etc. Despite a 30-year FPD career and various job titles that closely tied him to this band of miscreants, Dan is Different, his defenders said. Somehow. A veritable Galahad, in fact.
Even when Dan denied a Culture of Corruption in the FPD and said such an idea was disseminated by liars or ignoramuses, his supporters clung to the idea that Dan is Different.
But Dan’s latest decision may provide cause for pause. According to the folks at FullertonStories Hughes has replaced the otiose Andrew Goodrich with yet another union member, Sergeant Jeff Stuart, to be an official department spokeshole and Face of Fullerton. Really? Has Hughes learned nothing from the misinformation peddler, Goodrich. Maybe not. Or maybe he likes the idea of the FPOA getting the first, and often the last shot at misleading the public.
Smiling. So far.
Haven’t we had enough of public information officers whose loyalty to their own tribe is far greater than that to their employers? To me this just looks like more of the same ‘ol same ‘ol: another opportunity to do the right thing has been passed over by Acting Chief Hughes, who is acting more and more like Chief Sellers all the time.
FFFF’s anonymous news clipping service just forwarded this announcement from the Quirk for State Assembly campaign that Loretta Sanchez is hosting a fundraiser for her.
Since it’s at Sanchez “home” I can understand the need for secrecy. Still, given the fact that Loretta’s home used to be in high-toned Palos Verdes as she represented the barrios of Anaheim, Santa Ana and Fullerton, we may be forgiven for wondering where she actually sleeps.
Anyhow, if you’ve got $250 or more and are inclined to drop by let us know how it went and please send pictures!
