March 1, 2012March 1, 2012Behind Closed Doors

Oh, No. Not Again! Another Black Eye For The FPD.

The Fullerton FPD Culture of Corruption just got a new inductee into its Hall of Shame today, as reported by the OC Register’s Sean Emery, here.

It seems that FPD employee April Baughman, 52, is cooling her heels in the County jail, alleged to have swiped cash from the FPD property room for – get this – two freakin’ years!

The money quote comes from our friend “Acting” Chief Dan Hughes who is quoted as saying:

“When there are violations of public trust or actions which result in the reduction of confidence in the police department, disciplinary action will be taken swiftly and decisively.”

Uh, yeah, Dan, sure. Whatever you say. At least we didn’t have to read such inane bullshit as spoken by the otiose Sgt. Goodrich, although he probably wrote it.

Too bad swift and decisive disciplinary action wasn’t taken against the thugs who killed Kelley Thomas until ten weeks after he was murdered.

This latest humiliation begs two questions. One, how could there have been no accounting of property room inventory over this period without the collusion of at least one other miscreant; and two, how much will the Culture of Corruption created by Pat McKinley and tolerated by sleepwalking councilmembers Don Bankhead and Dick Jones end up costing us?

And naturally we are left to ponder the previous assertion of Acting Chief Hughes: anyone who believes there is a Culture of corruption in the FPD is either lying or misinformed.

Newsflash, Chief: we are not lying and we are not misinformed.

March 1, 2012March 1, 2012Dick Jones

Felz Blows Off the HJTA. Illegal Water Tax Ripoff Continues. Lawsuit Imminent.

by Travis36 Comments

The Howard Jarvis Taxpayers Association fired off another pithy letter to city manager Joe Felz last week, accusing him of intentionally delaying the termination of the illegal 10% in-lieu water franchise tax while continuing to collect over $100,000 per month from Fullerton residents in violation of the state constitution.

The letter states that Joe Felz verbally admitted to the illegality of the fee and promised action within a certain timeframe. But honesty is not a virtue within city hall, and nine months later Felz and his trusted council majority of Bankhead, Jones and McKinley still allow the city to continue its theft without comment or remorse.

Mr. Bittle closed out his letter with a threat of a class action lawsuit that would seek a refund on behalf of all Fullerton water users. As one of the 135,000 ripped-off residents, I’d say that’s a great idea.

March 1, 2012March 1, 2012About Us

The Insidious Theft of Our Sovereignty

by Joe Sipowicz30 Comments

UPDATE: As noted in the comment from Chris Thompson below, he did not learn about the Beechwood situation (whatever it is) from FFFF. This was my error. I misread the following comment made by Thompson in yesterday’s post:

For clarity’s sake, I have NOT been briefed on any aspect of this story beyond the information which has been made publicly available in the meeting posted here.

I read this to mean that he had not been briefed at all. I do not know if he had an independent briefing from Hovey, but he was actually at the meeting in question. My mistake. I have edited the text below.

In the past few days in Fullerton we have witnessed the usurpation of public sovereignty by government employees and contractors who seem to believe it is their right, not our representative’s, to determine what sorts of information the duly elected representatives are, or are not permitted to see.

First, was the protracted saga of Fullerton City councilman Bruce Whitaker, who for seven moths has been trying to get access to the video of FPD cops beating Kelly Thomas to death. This is a pretty reasonable request, you would think, given the fact that the cops have watched and re-watched the video (Acting Chief Dan Hughes says he’s seen it 400 times); it’s been viewed by the DA; it’s been watched by Cicinelli and Ramos’s lawyers; apparently it’s even been watched by Ron Thomas, father of the dead man. But for some reason the City Manager and City Attorney believe they have the authority to deny access of this public document to Bruce Whitaker, and have used the majority vote of the Three Dim Bulbs to continue to deny Whitaker access.

This is just an outrageous usurpation of the authority that accrues to elected officials by virtue of their popular election. Despite what the bureaucrats and their die-hard elected supporters believe, the sovereignty invested in the elected is indivisible and should never be confused with the practical exigency of majority rule that determines policy and decides the quotidian issues of managing a city.

And then, we have the very recent sad spectacle of a Fullerton School District trustee, Chris Thompson, not being adequately briefed on a matter involving a teacher at Beechwood Elementary School – a matter so serious that the Fullerton police were called in to investigate it, and an emergency parent meeting held. Whatever is going on, the Superintendant, Mitch Hovey decided that the trustees didn’t need to know about it.

~~The question of whether other trustees besides Thompson were briefed remains to be ascertained, and if so that would make matters even worse.~~

But here’s the really bad part. According to Thompson: Dr. Hovey informed me that he had been advised by the district’s law firm as to what information he could and could not give to the board members. He did confirm that he knows more than we do.

Say what? That law firm doesn’t work for Hovey; it works for the Board of Trustees who hired them. It has no business collaborating with the Superintendent to decide what information can and can’t be parceled out to the Board. And anybody who doesn’t grasp this basic tenet shouldn’t be on the Board or work for it, either.

As Assemblyman Norby pointed out in his newsletter, it is both the right and the responsibility of elected officials to have reasonable access to public property and documents in order to do their jobs. The Legislative Counsel for the State of California said so. This precept is all about accountability and responsibility in our representative democracy.

So why is this basic concept being flagrantly flouted by Fullerton’s bureaucrats? Who is in charge here, indeed?

March 1, 2012March 1, 2012Bruce Whitaker

Bruce’s Law

by The Fullerton Harpoon34 Comments

Here is an interesting bit from Assemblyman Chris Norby’s latest newsletter documenting his effort to promote legislation to guarantee elected officials – like Fullerton’s Bruce Whitaker – access to public documents and records.

Well, Lo and Behold: it’s not necessary according to Legislative Counsel who determined that such a right already exists. Looks like somebody forgot to tell our esteemed City Attorney Dick Jones, who has publicly defended denying Whitaker access to city-owned records.

And it looks like we have another Recall issue.

So who the Hell is really in charge in Fullerton? The cops? The bureaucrats? The unelected City Attorney? The Three Triassic Fossils who have no authority to deny a duly elected official access to official records? Who?

In the words of the Bard, Bob Dylan in “Oxford Town”: somebody better investigate soon.

“Bruce’s Law” Restates Obvious

Can elected officials be denied information obtained at public expense on public property? Can unelected attorneys and administrators keep such information hidden from those who appointed them?

That’s what’s happening to Fullerton City Councilman Bruce Whitaker. His request to view the city’s video of the fatal beating of Kelly Thomas has been denied by the City Manager and City Attorney. That video was made by a city-owned camera at the city-owned Fullerton Transportation Center. Three of Bruce’s colleagues have chosen not to watch the tape, but have never voted to deny it to him.

Bruce doesn’t seek to release the tape to the public, or even have his own copy. He just wants to see it, to be in better position to understand what happened on that fateful July night. So I drafted a bill clarifying an elected official’s right to the same information as those they hire. “Bruce’s Law” would assure those we elect have access to information they need.

My bill was rejected by Legislative Counsel, however, as unnecessary. I was told that elected officials already have this right. I was told that unelected government employees cannot deny public officials information they need to represent their constituents. I was told that video camera footage taken by a public agency can be viewed by an official elected to govern that agency.

A new bill cannot be introduced which simply duplicates existing laws. But Bruce is still being denied the tape.

February 29, 2012February 29, 2012Behind Closed Doors

Moorlach Swing. Moorlach Miss.

by Grover Cleveland25 Comments

moorlach-sasquatch-modified — After 2014 sightings will become much rarer.

And now for some County news.

Our crazy, ever more left-leaning affiliates at the Orange Juice Blog reported on a story here, about 2nd District Supervisor John Moorlach and his quest to give himself another term in office (there is currently an eight consecutive year limit). His proposal was to amend the County Charter to impose a lifetime limit of three full terms, thereby increasing his tenure by 50%; and he asked his colleagues on the Board to place it on the June ballot.

The proposal was defeated 3-2 with only our own Supervisor, Shawn Nelson supporting the idea letting the voters take a swing at it.

Of course the Moorlach Plan was seen for the self-serving nonsense it was. When so-called conservatives start to confuse their own interest with the public good, it’s waaaaay past time to go. Unfortunately, Moorlach is one of those big idea guys whose big solutions to solve intractable problems just need a little more time to percolate. And then more time. And when the expensive idea ultimately fails we are left to ponder the linguistic and logical gymnastics that convert defeat to victory, or a darn good try, at least an attempt to do something.

What the Supervisors should put on the ballot is a two-term lifetime limit and have done with it. That way we can cycle through losers like Jim Silva, Todd Spitzer, Cynthia Coad, Tom Wilson, and all the other miscreants who agreed to massive retroactive pension spikes, and not have to worry about any of them ever exercising their incompetent misrule in the County Hall of Administration again.

February 29, 2012February 29, 2012Education Uber Alles

What Happened at Beechwood School?

by Travis185 Comments

An emergency parent meeting was called at Beechwood school last night to explain that a teacher had been placed on administrative leave and that the police department was conducting an investigation into…well, something they’re not allowed to tell us about. The Chief was adamant that there was no evidence that a crime was committed or that any students were involved, which makes you wonder what he’s “investigating” in the first place.

It’s interesting to watch Superintendent Hovey and interim Police Chief Hughes struggle with a new-found interest in transparency, releasing only enough information to scare people about what the teacher might have done. Parents in the room didn’t seem to appreciate the lack of detail. One mother even came to tears trying to figure out if anything had happened to her own child (25 minutes in).

An attentive resident brought us this video of the meeting:

UPDATE: School Board Trustee Chris Thompson posted this comment addressing the question of what the board currently knows about the investigation:

I do not mind being held accountable. For clarity’s sake, I have NOT been briefed on any aspect of this story beyond the information which has been made publicly available in the meeting posted here. I have made it clear to Dr. Hovey that I believe that fact is inhibiting my ability to do my job as a trustee. Dr. Hovey informed me that he had been advised by the district’s law firm as to what information he could and could not give to the board members. He did confirm that he knows more than we do. As the law firm’s primary role is to limit the districts liability, there is no surprise there. Unfortunately, my role is to be 1/5th of an independently elected body whose job it is to ensure that our district does the right and smart thing, and I cannot very well do that if I am “managed” by the district’s lawyer. I believe that the theory is that if the board members are informed of the details of the investigation prior to the conclusion of the investigation that our impartiality will be brought into question if any decisions need to be made by the board as a result of the investigation. I don’t buy it. The people elected us to oversee this government entity and the entity itself is preventing us from knowing the details of what is going on within our own walls. At the risk of sounding self-important, I thought we were in charge.

Having said that, I would not personally use the phrase cover-up at this point. I will not quietly sit by uninformed for any extended length of time. This situation is three days old and we are talking about an elementary school. The individual who is the focus of whatever it is we are investigating has been administratively removed from the classroom and we are being told that there is zero evidence of any direct impact to children. My first step is really what I am doing here. Making it known publicly that I think it is a mistake to withhold the details of the investigation from the board.

Ostensibly, the board would be able to offer some comfort to the community…or some guidance to management about we believe we should proceed. I have no idea if I even agree that there should be an investigation.

As a final comment, I want make it clear that I believe it is exceedingly likely that both Mitch Hovey and Dan Hughes are doing what they believe to be best for the children and the community. I also believe that it is my job to review all of the knowable circumstances in order to determine whether I concur with Dr. Hovey’s actions. I have no way of doing that now.

Chris Thompson

February 28, 2012February 28, 2012Behind Closed Doors

The Empire Strikes Back!: WHO IS TONY BUSHALA?

by Jan Florys Dog130 Comments

With Three You Get Meatballs — You thought we were going to take this lying down?

The boys in the White Van are back, out of rehab, and once again patrolling the streets of OC.

They have intercepted and decoded a file containing the following video emanating from Dick Ackerman’s topiary compound within a top-secreted gated community in Irvine. Will this hit-piece be effective in salvaging the political careers of the Three Blind Mice? Will it resonate? You decide!

February 28, 2012February 28, 2012"Dick" Ackerman

Larry Bennett’s Hot Air Balloon Deflated. Again.

by admin33 Comments

Blimp Crash — Another bag of hot air goes down.

A few weeks ago Larry Bennett posted some wild-ass claim on his website that the Recall had broken some rule about reporting expenses . He was threatening to call the Fair Political Practices Commission by February 22. In the words of Doc HeeHaw, it looks like Larry’s a-steppin’ on his own weenie, again.

Our Recall Treasurer, Helen Myers, called the FPPC, and here’s what she learned:

Dear Tony,

As per your request I reviewed the assertions made by Larry Bennett on the anti-recall website and discussed them at length with the FPPC. As per my initial beliefs I confirmed that we are in compliance in all matters raised by Mr. Bennett’s post.

Obviously we are aware that we did not launder funds or misreport income and expenses, but the claim that we’re in violation of an election code by not reporting payments made by Tim Whitacre to his people is incorrect according to the FPPC. All expenditures, large and small, were correctly reported on form 460 and form 461. It is pretty clear to me that Mr. Bennett was reaching rather desperately, which was made even more obvious by the fact that he would have simply filed a complaint had he truly had legal basis. In case you care to read for yourself, According to the FPPC Campaign Manual 3, page 7-19; you will read:

The names of individuals paid to collect signatures (petition circulators) are not required to be disclosed on the campaign statement. However, a business entity, including a sole proprietorship, that contracts with a committee to obtain signatures must be identified. For example, if Hector Gonzales is an independent contractor that contracts with a ballot measure committee to obtain signatures in Sacramento County and he does not personally ask voters to sign petitions, but contracts the work to college students, the names of the college students are not required to be disclosed. Hector Gonzales must be identified as a vendor to the committee.

I correctly issued to Mr. Tim Whitacre a 1099-misc. form in the amount of $64,177. And he, in turn, issued 1099-misc. forms to those persons who collected signatures through his company. I also verified with the FPPC via telephone that these expenses were, indeed, properly reported. Frankly, Bennett’s comments are simply foolish.

As a side note, it amazes me that somebody like Larry Bennett is working so hard to keep such persons in office. Does he somehow have his snout in the pig trough?

Sincerely,

Helen Myers

February 27, 2012February 28, 2012About Us

A Congruency of Interest; Defender of Killers Defends Jones, Bankhead and McKinley

by The Fullerton Harpoon164 Comments

Just in case you thought the Fullerton Recall was just some sort of power play by a mythical “downtown developer” against fine, honorable men who refuse to be bought and sold like cheap swamp land, consider this inconvenient fact: last fall an organization called PORAC poured thousands of dollars into the anti-recall campaign to save the useless, dessicated hides of Jones, Bankhead and McKinley.

So what is PORAC? It stands for Police Officers Research Association California and it appears to be heavily into lobbying for ever greater benefits for cops – regardless of the fiscal impact on the people whom the cops have sworn to serve and protect. It is also a massive fund cops pay into to pay the for the legal defense of bad cops caught doing bad things.

Both of these PORAC goals intersect in Fullerton.

PORAC is paying to defend the suspended-without-pay cops Manny Ramos and Jay Cicinelli, who have been charged with murder and manslaughter, respectively, in the beating death of the homeless man; Kelly Thomas was bludgeoned to death by FPD cops last July.

3 Dead Batteries2 — Dead batteries need defending, too.

But get this: PORAC also contributed to defend the Tuckered Out Triumvirate of Jones, Bankhead, and McKinley. The Fullerton cop union chunked $19,000 into the anti-recall water hazard, too. So what does that tell you, other than organized police labor sees its main chance in the continuation of Fullerton FPD’s Culture of Corruption, a culture where any sort of malfeasance will be swept under the rug, even the death of a harmless man; a culture where there is no accountability, no responsibility, and no apparent discipline.

The same people who are defending the killers of Kelly Thomas are also defending Jones, McKinley and Bankhead. And the Three Dead Batteries are proud of their support.

The choices in the Recall election couldn’t be clearer.

February 27, 2012Bruce Whitaker

Travis Kiger Gets Key Endorsements

by Grover Cleveland73 Comments

Just days after pulling papers to run in the Recall replacement election, Travis Kiger has received the full support of our County Supervisor Shawn Nelson, our State Assemblyman Chris Norby and Fullerton City Councilman Bruce Whitaker.

Said Chris Norby “Fullerton is very fortunate to have Travis as a candidate. As a resident and taxpayer in Fullerton I know we will be in good hands when Kiger is elected.”

Shawn Nelson echoed Norby’s comments. “Fullerton is in need of strong, conservative leadership. I live in Fullerton and I trust Travis to deliver on the promises of transparency and accountability.”

Travis Kiger represents the new type of Republican for Fullerton: one who believes in civil liberties, freedom, limited government, pension reform, a balanced budget, reasonable taxes and fees; one who opposes the sort of crony capitalism and corporate welfare that has been the hallmark of Fullerton “conservatives” for decades.

Most importantly, Travis stands for accountability to the citizens of Fullerton, without cover-up, condescension, excuses, or incomprehensible double-talk.