Flory Puts Grudge Over Law

Brown Act

Well, it took precisely one meeting for Jan Flory to bring her bitter, mean spirited and petty nonsense back to the dais. And we have Ahmad Zahra to thank for that return. With the claim of experience and I quote, “no scandals”, as her selling points before being anointed I suppose it’s once again up to us malcontents to knock those talking points down.

In what was clearly a Brown Act violation the council voted to shank Bruce Whitaker and remove him from the Orange County Water Board and replace him with Zahra before Whitaker’s term has expired.

Gee, it doesn’t look like they agendized that…

The City Manager was contacted about this possibly illegal action and “after further consideration” from the city attorney they’ve repealed the illegal action and put it back on the agenda to make sure they shank Whitaker legally. Let us be honest here and admit that The Other Dick Jones™ never gave this any consideration in the first place. Man, not even one meeting with Flory back and the law has already been thrown to four-winds over the pettiest of nonsense. So much for experience and lack of scandals – something we’ll be talking more about in the coming days.

This move to go after Whitaker was payback from 2016 pure and simple.

It stems from Flory being bitter because after she left council in 2016 she wasn’t reappointed to the Orange County Water District board despite bringing a group of FlorBots to city council to lobby for her. The council voted at that time to appoint Whitaker under the premise that Flory was no longer on council by her own choosing and a sitting council member should represent the citizens of Fullerton on the advisory board. This was a decision I supported at the time and stand by today. Flory at last week’s meeting lamented her being removed “mid-term” from the board which is absolute revisionist history but alas now she’s playing up being a victim with a false narrative. Oy.

Add this to Fitzgrald’s willingness to take a stab at Whitaker at any time over nearly any issue and Zahra’s complete lack of guiding principles and this is what Fullerton gets. It’s gross, it’s petty, it was illegal and it’s going to be the new normal.

Despite neither Whitaker or Zahra being mentioned in the agenda and Zahra only being mentioned in the agenda materials relating to Flory appointing people to boards, hence the Brown Act violation and repealing of the outcome, Whitaker was removed and Zahra was put in his place.

Hmm, that doesn’t seem to be what they did last night…

A cynical mind would wonder if this is what Zahra was promised in exchange for selling out the citizens of Fullerton in the Flory appointment farce. Being that the OCWD appointment wasn’t on the agenda, outside of it being listed as something the council (not Flory) appoints one would be hard pressed to believe that Whitaker’s removal wasn’t planned in advance. Silva having a well written and prepared statement also points to this being pre-planned which ALSO likely means a serial meeting was held – also violating the Brown Act. Good luck proving all that, but it’s the way things are done in Open and Transparent Fullerton – just ask Zahra how many candidates he met with privately during the vacancy process for proof of this concept.

A backroom deal over the OCWD seat would certainly explain Zahra’s immediate about face and willingness to throw transparency and openness out of the window in support of the bitter bureaucracy booster and “scandal free” Flory family.

Well, they are The Heart of the City!

It’s rather sad as Zahra seemed like a man of principle for precisely one meeting. Since then we’re seeing more and more evidence that he has no integrity and this last Tuesday continues to confirm that he’s a man of little character and a whole lot of bluster. While he works to build his legacy and name recognition we’ll be here to keep you appraised of his and his cohort’s shenanigans and malfeasance. We’ll also keep your appraised of “scandal free” and “ready to go” Jan Flory’s performance.

Flory Wins Wheel of Candidates

Accountability? It was never on the agenda.

Well, that was predictable.

In fact, after breaking up the FFFF kitty last night, those betting $1 on Jan Flory only got $0.98 back. Everyone knew it was coming.

Why? Because Fullerton gonna Fullerton and the house always wins. There was never any real chance that anyone was going to do the right thing. Ahmad Zahra of 2018 has clearly been through the establishment sheep dip, emerging as the self-righteous lecturer Ahmad Zahra 2.0 of 2019.

You didn’t know what the NUFF forum was for you to learn about a candidate so you could come speak your piece during last night’s public comment period? Ahmad is offended!

You don’t care about Ahmad’s latest sob story justifying his total lack of conviction to do the right thing by the voter? Ahmad is offended!

You expected Ahmad to abide by his word and not vote for someone lobbying for a position that hadn’t even been announced? Ahmad is offended!

Well, we can see where this is going to go for the next four years. Maybe we’ll start keeping a list of reasons why Ahmad is exempt from being held accountable for his own actions and statements. Excuses seem to be his tool of choice.

As for Jesús Silva, Fullerton’s next liberal lion, he just sold out his wife and the rest of Fullerton’s liberal cabal by granting a third vote to continue enforcement of Chevron’s development agreement for West Coyote Hills. There’s a flip flop that would even make Doug Chaffee envious. Sorry Fullerton, the bulldozer is coming, all thanks to Jesús.

No surprises from Fullerton’s Queen-of-Mean Jennifer Fitzgerald. One has to wonder what all those whispers between her, Ahmad, Jesús, and City Manager Ken Domer were all about.

As the council begins to tackle the problems created by their predecessors, at least they’ll be able to look over to the left and ask Jan Flory directly, “Remind us again, why did you do that?”

We, the collective imbalance that is FFFF, look forward to hearing how Indivisible types attempt to exculpate themselves as they realize their progressive reformers are actually no different from the cronyistic corporatists they despise.

Is the Flory Rumor True?

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Except we do, and our own budgets prove it.

Rumor has it that former councilwoman Jan Flory is lobbying to become the appointee to our City Council tonight and has already secured both Jennifer Fitzgerald and Jesus Silva’s votes. This is the same Jan Flory who voted, with Jennifer Fitzgerald and Doug Chaffee, on multiple unbalanced budgets and who helped lead us into our structural deficit. The same Jan Flory who puts City Staff above the very citizens they’re supposed to work for and represent.

Want to know why our roads suck so bad? Blame Jan Flory and her cohorts who think bureaucracy is the true heart of Fullerton. Want to know why Downtown is such a train-wreck? Yeaup. Same cabal of incompetence.

If the council votes to appoint somebody the voting members will own every vote put forward by the new council member. In effect, if they vote for somebody like Jan Flory, who helped sink our budget for years, they will be responsible for both their own votes on the budget (and similar items) as well as hers.

Appointing somebody is bad. Letting Jesus Silva vote on an appointment to the very seat he himself vacated is worse. Having council vote to give themselves the bulletproof majority needed to walk all over the people of Fullerton is downright despicable.

The people should really have a say who in represents them and voting to appoint somebody, especially somebody who will raise our taxes, is the essence of being anti-democratic. Our republic was literally founded against the premise of taxation without representation.

We Get Mail ─ Jan Flory and Gretchen Cox up to No Good

Remember last year when Jan Flory claimed she was ‘retiring’ from City politics?  Much to our chagrin, that never happened.  Instead, she’s taken up a new calling with close pal Gretchen Cox.

A Friend was gracious enough to share a letter they plastered all over the neighborhood last month:

This isn’t some altruistic idea in the name of public safety.  Gretchen and Jan simply have an aversion to the aesthetics of said land, with Gretchen living two houses away and Jan living further up the hill.

Leave it to these numbskulls to use traffic hazard as a ploy for the City to dole out money for appearances.  The intersection already has a traffic signal and the frequency of traffic accidents is no worse than other major intersections across the city.  Don’t like the appearance of the land?  Fine.  Focus on that.  Don’t try to lump traffic concerns in at the same time.

What’s more, the timing of the letter is particularly obnoxious given that the property was listed for sale in February.  Were they hoping to derail a potential sale so the City could swoop in and acquire the parcel?

Since the letter was written, the property has gone into escrow.  What an awful way to welcome someone to the neighborhood.

Welcome To Floryland

The closer you look, the worse it gets.

When you have an inflated sense of self-worth it must be hard to come up against a wall of objective facts that square with the reality everyone else sees. Thus narcissists and paranoiacs must concoct a narrative that seems to embrace those facts and yet tell the myth you want everyone to believe about yourself.

And so we have Jan Flory: a rigid, humorless, sometimes near-hysterical defender of an ideology that has placed California on the edge of financial insolvency. Think Greece.

Flory’s ridiculous muumuus and wooden beads are symbolic of a much more sinister problem: a fundamental dishonesty about herself and her corrupt mind set.

But don’t take my word for it. Lets examine Flory’s own Facebook rants. Like this latest, with added commentary by me.

DRIP, DRIP, DRIP

At 12:15 a.m. last night, the City Council took up the question of how to refund $7.3 million to people who overpaid their water bills in our city over the past 3 years. Mayor Sharon Quirk moved to continue the matter to the next city council meeting because of the late hour. Doug Chaffee concurred. Bruce Whitaker, Travis Kiger and Greg Sebourn voted to go forward no matter how late or how tired the council members. It also might have had something to do with the fact that the audience had dwindled to a handful by that time. So much for transparency and accountability.

Or it might have had something to do with the fact that hours and hours of time had been unnecessarily wasted by Quirk and Chaffee promoting the candidacy of Danny Hughes as Chief, despite the fact that the Council had already decided it wanted to do a wide recruitment instead of ramming home the inside goon. Transparency? Check. Accountability? Check.

Reality? If Flory is tired and can’t stay up past Murder She Wrote reruns on cable she shouldn’t be on any city council.

A little history first: To begin with, the water fee was never an “illegal water tax”.

Lie number one. Keep counting.

The water tax was first adopted in 1968 at 2% of the water bill. The purpose of the tax was to pass through to the ratepayers (you and me) the city’s cost of getting water to your tap. Fair enough. The tax increased to 10% in 1970. We had aging reservoirs, pumps and water lines that needed replacement and ongoing maintenance. The water fee was a way to do that.

Now that’s just another series of outright lies. But let’s not let the facts stand in the way of a good story, right? The 10% was originally cooked up to divert revenue into the General Fund to pay for the City Attorney and City Administrator. IT HAD NOTHING TO DO WITH ONGOING MAINTENANCE AND AGING INFRASTRUCTURE. Flory could have actually read the ordinance but that wouldn’t have been as fun making something up.

In any case there was never any accounting to see how bad the rip off really was, and in the old days water was dirt cheap, right?

In 1996, the California voters passed Proposition 218 which required there be a connection between a fee charged and the services rendered. In other words, you couldn’t just pull a number (like 10%) out of the air.

One truth accidentally tumbles out!

Proposition 218 was tested and upheld by the courts beginning in 2002.

Aha! Flory slips in a date to give herself an alibi for her own approval of the illegal tax for six years! Too bad that upon learning the truth she and her cohorts continued to steal the 10% each and every year for the next NINE YEARS. No talk about fixing the rip-off, apologizing to the ratepayers, trying to reclaim even a small mole hill of moral ground. Nope.

The Water Rate Study Committee was authorized by the OLD council long before the Recall to address concerns about the 10% charge to the Water Fund.

And at whose behest? Not city staff or you, Flory, we can be sure of that. It was political pressure that did it.

Ultimately, the study committee determined this summer that the city should have been charging in the neighborhood of 7% rather than 10% in order to comply with 218.

Another outright lie. The Committee determined no such thing. The staff-chosen consultant cooked up a phoney number to keep as much of the rip-off as possible including exorbitant rents paid to the City! Even Quirk said it was ridiculous!

The committee relied on the work of an independent financial consultant, Municipal Financial Services Group (MFSG), to determine the City’s cost in providing water to its customers, and outside legal counsel (Best, Best & Krieger) to make sure that the outcome comported with Proposition 218.

Independent? Now that’s just comical!

The results were even submitted to the Howard Jarvis Taxpayers Association that concurred with the methodology used in the study.

Wrong, again. But by now is anybody counting?

The NEW council majority threw all that out the window, disregarded the recommendations of the Water Rate Study Committee, and completely eliminated the “in lieu” fee. That will have the effect of reducing city revenues annually by $1.7 million which could have properly been charged by the city to bring water to our homes.

Let’s all gloss over the fact that no one has ever said a proper water rate shouldn’t cover costs of maintenance and infrastructure. If it doesn’t Flory has only her own beloved staff to blame – those same incompetent bureaucrats like Chis Meyer and Joe Felz who have let the City’s infrastructure go to hell as they feathered their own nests handsomely. In the meantime, the “in-lieu” fee had no legal rationale for existing since it wan an obvious triple dip. Step one was to get rid of it. Step two is find out what the true costs of running the water utility really is, and charge it to the ratepayers.

Because the city had charged its water customers 10% (rather than 7%), the Water Rate Study Committee found that the city had overcharged the rate payers the sum of $7.3 million over the last 3 years.

Once again, those were the cooked up findings of the hired “consultant.”

It recommended that the overpayment of the water fee be accomplished by an incremental transfer from the General Fund to the Water Fund to be used for infrastructure repairs,–something that desperately needs addressing. This would also avoid the City’s incurring debt to pay the debt.

Um, see comment above. How did the water infrastructure get so bad, Mrs. Flory? You were on the City Council for eight long years. Do want to take responsibility for that? What? Speak up!

What did the new Libertarian majority do? It voted to rebate the entire $7.3 million back to the rate payers. It is estimated that this will be a onetime payment of $100 to $400 per household depending on how much water was used during the 3 years.

The horror. Government giving back something it stole!

It’s an accounting nightmare for several reasons. The overpayment has to be calculated for each household in the city. Some residents have moved or died; thus, creating the dilemma of finding out where to send the money.

But Jan, are you saying your beloved staff can’t figure out a way to print and send out some checks? Hell, they manage to send out the water and trash bills every month.

Finally, the question of where the money is to come from must be determined. We don’t have enough in the General Fund to pay the lump sum. Staff suggested that a debt issuance might be necessary, with an estimated yearly debt service of $500,000.

Put away the violin Mrs. Flory. Step up and take your medicine. You and Bankhead and Jones and McKinley ripped us off for 15 years. YOU figure out how to make it right!

So now we not only have a decrease of $1.7 million in revenue, but we need to add $500,000 for debt service. This totals $2.2 million if you’re counting.

See, it’s all about government revenue, the altar at which the egregious muumuu clad priestess Flory worships. Yes we can count and we know whose balance sheet this belongs on – even though it’s on ours.

Last night, the council majority (Whitaker, Kiger and Sebourn) directed staff to find “creative ways” to pay off the debt such as selling off surplus properties. In other words, asking city staff to remove the rope the council majority had put around its own neck.

Wrong, again, Flory. They are asking city staff to do the right thing, and remove the rope YOU put around our necks for all those years.

Change on the Council cannot come quickly enough. Drip, drip, drip.

It’s coming all right. be careful of what you wish for.

Jan Flory Wants to Get Something Off Chest

Seeing Jan Flory in action I have come to recognize a bitter, humorless shrew who happens to be a cheerleader for the department heads in City Hall and the worse their actions, the less accountability she requires.

Is she also losing her marbles? I don’t know. But I do know she wrote this weird entry on Facebook in which, among other things, admits that she employed “undocumented” domestics:

You’re going to love this one.

Last night I picked up a cryptic email message from O.Co. Register reporter, Tony Saavedra, asking me to call him today. We talked about 10:30 this morning. Apparently Tony had received a copy of a letter from an anonymous “concerned court employee” that had been sent to Shawn Nelson, our esteemed county supervisor. Tony said that Shawn had turned the letter over the District Attorney for investigation. WHAT! Tony wanted to know if I had been contacted by the D.A. WHAT!

My next 2 questions were: 1. Am I going to be arrested for something? That would be a bummer for the campaign, and 2. What was the letter about? 

As described to me by Tony, the anonymous letter described an encounter that the writer had with me mid-August when I appeared in North Court with a 19-year-old friend of mine, Jackie, to deal with a traffic citation Jackie received the month before. Jackie was cited for an illegal left hand turn and driving without a license. The letter accused me of asking the court for some kind of special favor for Jackie. (I’m still trying to get a copy of the letter.)

Let’s back up. Jackie is one of the “Dream” kids. She was brought to this country by her undocumented parents when she was 8 and has lived here since then. Because Jackie has no documents herself, she (like hundreds of thousands) cannot get a driver’s license. I’ve known Jackie for 10 years, and she is a good girl who has done everything asked of her. She earned a 3.9 GPA in high school and has just finished her first year at Fullerton College with a 3.7 GPA. She volunteered as a poll worker for the June election. She has applied to work as a cadet for the City of Anaheim, but cannot get a job because she has no papers.

Once upon a time, Jackie’s parents worked in my home cleaning my house, and I developed a friendship with Jackie. Although her parents haven’t worked for me for a while, Jackie and I keep in touch. She was terrified of going to court by herself because she didn’t know if she might be arrested by ICE officials and deported. I offered to go to court with her to help out if I could.

When Jackie’s matter was called, I stood up with Jackie and notified the court that I was an attorney appearing to vouch for Jackie’s character and ask the court to cut Jackie a break if it had any discretion at all in the matter. The judge heard me out, and asked if Jackie was driving without a license. Jackie admitted that she was, and pled guilty to both counts. Jackie and I went downstairs where she had to pay nearly $600 for the fine.

This is what gets me. Based on the facts set forth above, 

1. Why would Nelson (an attorney himself) turn such a letter over to the D.A. for investigation? 

2. How did Tony Saavedra get the letter conveniently “leaked” to him?

3. Does this have anything to do with my being the frontrunner in the city council election? YA THINK! And more important,

4. Does this have anything to do with Shawn’s tight relationship with Tony Bushala who has been attacking me on his blog for the past 4 years.

Mr. Nelson, you owe me an explanation.

Apparently the progeny of these illegal aliens recently got a citation including driving without a license. What the girl’s GPA or employment status has to do with the ticket is anybody’s guess. It sounds like Flory did what the anonymous letter claims: asked the court for a favor.

Apparently Flory has got her corset in a twist; in her warped worldview she is the “frontrunner” and Shawn Nelson turned over an anonymous letter to the DA to derail her frontrunnership. I don’t know about any of that, but I do know that her obsessive paranoia about Tony Bushala doesn’t seem to fit the profile of a frontrunner – or even a completely balanced person.

I’m not a lawyer but I’m pretty sure Flory didn’t break any laws. However that letter should be turned over to the California Bar Association to let them decide if that was appropriate behavior.

Dead People For Flory

Invasion of the body snatchers?

It seems that Jan Flory is bringing a little bit of charming Chicago politics to Fullerton, i.e. raiding cemeteries for supporters. Now you know why we have a category called “Deadheads.”

Here is Flory’s 2012 voter guide:

Opps. Bob Root is dead. So is Gwen Ferguson; likewise Majorie Pogue!

Did you spot any others?

Also of high amusement value are the names of me and my ex-wife! How I got on the list is anybody’s guess since I have never given Flory authorization to use my name for anything.

I believe this is just a matter of utter incompetence, but it isn’t surprising. When Flory says she is ten years older and 10 years better she is half right.

 

Jan Flory’s Poisoned Park

Maybe it was the fumes…

Just the other day Fullerton City Council candidate Jan Flory was heard to remark about needed reform: protecting the poor, underpaid and overworked city staff that used to bring her all those important projects when she was “on council” right after the last ice age.

Well here’s a staff-driven project that her beloved staff dumped on her and which she happily voted for: The Poisoned Park.

Don’t go there…

We did a whole series on this fiasco that you can read about here and here. In a nutshell, the City bought contaminated property from the Union Pacific Railroad on West Truslow for a community park. Forget the basic fact that nobody in the neighborhood wanted a park, let alone a gang hang out; the land was there and a private party wanted to buy it.

Fullerton’s stellar bureaucracy led by Susan Hunt (Parks Director), Bob Hodson (City Engineer), Jaim Armstrong (City Manager), Gary Chalupsky (Redevelopment Director), and Paul Dudley (Planning) just couldn’t get in the way of a pending deal fast enough. The City steeped in and bought the land for over a million bucks, then they built their park. More millions spent. All approved by Jan Flory.

And then disaster. It transpires that there was a toxic flume under the site. A fence was set up around the offending park and it remains closed to this day, over ten years after it was purchased, falling into decay. Nobody had ever bothered to to a proper environmental assessment and make the sale contingent upon its results.

The Poisoned Park may well be the exemplar of an incompetent collection of boobs from whom no accountability was ever demanded and from whom none was ever delivered.

But to Jan Flory’s “lights” these are the “heart of the City.” Hmm.

 

 

Reform? Who Jan Flory Really Wants to Work For

It sure as hell isn’t you. Or any other taxpayer or citizen. Nope. Here she is holding forth on who really matters to her. Her idea of ‘reform” is to place the interests of the City’s workers ahead of yours.

In an era of bloated salaries and, crippling pension burdens on the taxpayer and their great-great grandkids Jan Flory cares first and foremost about the plight of unionized government workers!

Did we put words in this dinosaur’s mouth? Nope. She did it all by herself.