Driving around Fullerton’s District 2 the other day, I noticed a certain District 2 City Council candidate’s signs screwed directly into trees. Having never seen anyone do something like that and still mourning the loss of Sappy McTree to drunken wannabe bureaucrats, I had to figure out who Chuck Sargeant is and what kind of person would go around screwing Fullerton’s trees in such a way?
Yes, Fullerton has a long history of choosing foxes to guard the hen house that is our city budget. Yes, it’s so bad that they’re trying to raise our taxes. But even then, I was a tad surprised to find that District 2 candidate Chuck Sargeant had filed for Chapter 7 bankruptcy in 1992.
And he didn’t pay taxes for 3 years and the state placed 10 liens against his property.
And then he filed for Chapter 7 bankruptcy again in 2012 (that bankruptcy didn’t clear until 2016, the same year he was running for council last time).
And I wouldn’t have even looked into him had Gnarly Charlie not gone and screwed his freaking signs into trees all over Harbor Blvd.
The last thing Fullerton needs is another council member like Ole Chuckles who spent money he didn’t have and screwed creditors to the tune of tens of thousands of dollars. So there it is… Fullerton District 2 Council candidate Two BK Chuck.
Back on August 18th, out esteemed City Council began the process of declaring a strip of property along Bastanchury Road to be “surplus.”
The vote was 4-1 with Bruce Whitaker in opposition.
Down on the farm…
The obvious purpose of this strategy is to to sell the property to an affordable housing developer so that the politicians can feel good about themselves and maybe raise some fundraising dough. For Mayor Jennifer Fitzgerald this most likely means a lobbying opportunity after December when her presence on the council will mercifully come to an end. Why? Because developer selection and rezoning can be budged along by Pringle and Associates on whose street corner Fitzgerald plies her trade.
But not everybody is happy and there is an election in a month.
The natives are restless…
The locals on the hills behind the proposed development naturally object, as do environmentally-minded people who want the site preserved as opens space. The locals have even come up with a website and are advertising their displeasure with the City Council.
Fred in nature…
And naturally this has become a sudden election year issue for the District 1 council seat. Fred Jung has already made his position known that he prefers the open space option. On the other hand, his opponent, Andrew Cho, was hand-picked by Fitzgerald to have a reliable vote on the council. But not only is Fitzgerald gone this fall, but so is her pal Jan Flory which means that after the election there could be three potential votes to save this site as open space.
The Council passed this item with the usual “this is only the first step in the process” bullshit that begins the process of cloaking another hot mess in the mantle of inevitability. For the folk of District 1, however, the story may take a different turn than the City house-acrats and politicians are hoping for.
The City of Fullerton today admitted that they broke multiple laws in how they utilized Dropbox to illegally store what they claim are private and confidential files.
A few weeks back my attorney submitted a records request which the city just partially responded to today with any substance. There’s a lot of legal nonsense and lawfare going on here but one thing stood out related to Dropbox.
No contract you say?
This is interesting because the Federal Department of Health and Human Services has very strict rules governing how you can and cannot store & transmit health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The two important issues here are known as the HIPAA Privacy Rule and the HIPAA Security Rule.
Basically you have to be smart in how you store personal medical files. To facilitate this Dropbox uses what is known as a Business associate agreement (BAA) which constitutes a contract. NOT ONLY do you have to sign this contract (electronically is fine) but it also, according to Dropbox’s terms, “must be in place before the transfer of [Personal Health Information] PHI from the covered entity to the business associate”.
The user, in this case the City of Fullerton, would also need to make sure THEY THEMSELVES comply with Federal Laws related to PHI.
Had the City of Fullerton’s attorneys done their job they would have seen this in the “getting started with HIPPA guide” from Dropbox:
“If your team handles Protected Health Information (PHI), you can configure your account so folders, links, and Paper docs can’t be shared with people outside of your team. When team members create shared folders, they can further customize the folders’ settings and choose the appropriate level of access — edit or view-only”
But wait – aren’t we being sued in part because we allegedly went to the City of Fullerton’s Dropbox account and “illegally” accessed files and information including personal heaslth records?
The City Council sure seemed to think that was the case. Back on 14 November 2019, City Council Member Ahmad Zahra asked me the following on Facebook (emphasis added):
“However, I’d like to ask you a question: Regardless of how or why it was obtained, do you hold in your possession any private and confidential city employee information that includes social security numbers, health records or other personal information?”
How would that be possible unless the City of Fullerton, who only alleges we accessed their Dropbox account, put such files into said Dropbox folder?
Because that’s exactly what they did – according to their own court filings they put these records into an unsecured Dropbox folder they opened up to the world.
And furthermore, according to the City’s most recent court filing which was filed today:
They just ignored basic security because… reasons
“The City was unaware Appellants were accessing materials not intended for them to which the City had not specifically directed them or given them permission to access.”
That ALONE ignores basic access controls in clear violation of the HIPPA Security Rule:
“The standards require covered entities to implement basic safeguards to protect electronic protected health information from unauthorized access, alteration, deletion, and transmission.”
They city admits to putting PHI online and not verifying who was accessing, or even who had access, to such information. But at least they took the security of the files themselves seriously in compliance with State & Federal laws, correct?
Not even close.
Reused Passwords.
“Unfortunately, City staff reused passwords, so that passwords to other files and folders within the City’s Dropbox account, to which Appellants were not given direction or permission to access, could be guessed by Appellants.”
“Reused passwords”. Let that sink in for a minute. Yeah, total violation of Federal HIPPA laws.
But wait, there’s more!
Because Dropbox requires a Business Associate Agreement BEFORE you can place Personal Health Information on their servers, and the City claims they have no such agreement (ie contract) AND that they didn’t follow Dropbox’s access requirements, then they are in violation of the Computer Fraud & Abuse Act of 1986 (CFAA) & the state variant (CDAFA) for being, and I quote with a great bit or irony, in “excess of authorization”.
Jones & Mayer opened the City of Fullerton up to an unknown number of lawsuits with their wanton disregard for the most basic of security protocols.
On top of the hacking crimes against Dropbox, this is a Department of Health & Human Services Civil Rights lawsuit waiting to happen. No wonder Jones & Mayer are spending so much time papering the courts with bullshittery to hide their illegal actions and gross incompetence from the City. It’d be a real shame if the impacted people, who the city was legally required to notify, were to file federal complaints over Privacy [HERE] or Security [HERE] against Fullerton.
As an aside, the city claims emails referencing “dropbox,” “cityoffullerton/com/outbox,” “Fullerton!,” “Full3rtOn!,” or “synoptek” from 2015 to 10/24/2019 yielded 9,700 results. Even AFTER excluding “Fullerton!” & “Full3rtOn!” owing to the wildcard nature of the “!” they claim 9,700 results and they want about $21,000 to sort and redact them. They totally weren’t sharing this information we “hacked” far and wide. Right.
This is yet another example of how the City of Fullerton wastes your money. The cost to sue us is a colossal waste to taxpayers for the sole purpose of covering up the City Attorney’s mistakes and the impending lawsuits over HIPPA will likewise come out of your taxes without a single bureaucrat or attorney being held accountable for their crimes/incompetence.
Don’t believe the lies being peddled by the Chamber of Commerce, Lobbyist hacks or the City Council. Covid-19 is just the perfect and newest excuse to put lipstick on the the pig that is City Council’s inability to spend your money with any responsibility.
Exploiting the pandemic to cover up their incompetence
The City, which has been working on this sales tax for well over a year, simply wants to tax you more – the people with a median household income of $73,360 and a 13.4% poverty rate – so 300+ government workers can have total compensation packages worth over $100,000 and that $30,000,000 (30 Million+!) price tag is just the most obvious top layer of why Fullerton is broke.
So the government mandated lockdowns over Covid, the “two weeks to flatten the curve”, is just a convenient excuse for what the city has been planning for quite some time. Here’s the meeting minutes from the Infrastructure committee from back in January where City Manager Domer indicated, and I quote, “a need to raise revenue potentially through a sales tax measure”. That was 15 January 2020, 4 days BEFORE America’s first known Covid positive patient walked into a Washington clinic complaining of a cough and fever.
This has been in the works for well over a year
In fact, the city hired a PR firm, FM3, to poll people back in November of 2019 in order to gauge interest on a sales tax. This survey started BEFORE even China had a known positive case.
It’s been in the works ever since the city finally admitted we were right
That pre-Covid survey directly asked people, related to a sales tax increase: “Q. If the election were held today, do you think you would vote “yes” in favor of this measure or “no” to oppose it?” and gave a sample ballot measure that is remarkably similar to what is on this November’s ballot.
Vote NO!
So don’t believe their lies and excuses as to why they so desperately need to tax you more now. The city wanted this tax long before the world knew Covid was a thing & will say and do anything to take more of your money.
Well, really what did you expect. The political action committee that calls itself Fair Elections in Fullerton (or some other nonsensical bullshit) and that is promoting the 17% sales tax increase has been misbehaving. Not unusual, given that it is a creation of city employees and funded by union and there is a lot at stake for them.
Opposition No on S political signs have been destroyed and stolen, and replaced with Yes signs, signs that suggest our roads might be the beneficiary of our largess, and not true, of course.
Here’s a new ploy: actually covering No on S signs with their own, a shitty little tactic that fits so well with the entitlement attitude of our over-entitled “public safety” Heroes.
The City of Fullerton is spending your money to promote a new sales tax to you. They want you to vote yes on Measure S in order to raise the sales tax in Fullerton. Don’t be a sucker.
True, they’re promising roads and infrastructure and all of the goodies that government is supposedly designed to provide. The problem is that they spend exactly ZERO of your local taxes on these things right now.
Zero of your Property Taxes go to the roads and infrastructure. Zero of your Sales Taxes go to the roads and infrastructure.
It’s the same with all of the fees and permits, licenses and so forth.
Despite taxing people in Fullerton to the tune of over $97 Million dollars, not one dime goes to the most basic of road work. Seems like we could fill a lot of potholes with +/- $97 Million dollars a year.
So how does our little amount of road work happen?
After the City squanders all of the tax money you give them directly, mostly on salaries and benefits, they then rely on OTHER government agencies to tax you further in order to do the terrible job they do on keeping your city nice. Remember SB1? When Newman jacked up the taxes on every gallon of gas you buy? Yeah, that was because your city government doesn’t actually care about your city and they use the State (where your vote barely matters) as bad cop to their incompetent cop.
Here’s a snippet from Fullerton’s budget to outline my point:
Don’t worry, they promise they’ll spend more if you give them more
That “-” denotes exactly zip, zilch, nadda dollars.
The City Council of Fullerton cares so deeply about keeping your city nice that they can’t be bothered to allocate a single dollar out of the $97Million General Fund – a General Fund that comes directly from your property & sales taxes – to basic upkeep.
I cannot stress this point enough.
Oh they’ll promise that they pave “8 miles of road a year” or whatever hogwash they’re peddling during election season, but in reality they can’t be bothered to tell a single union “No” in order to keep the alignment of your car from freaking out.
So where DOES that money go? Here’s a chart that sums it up:
What a coincidence that those lines match up so nicely…
That is a chart from our own David Curlee showing Fullerton’s Property & Sales taxes that you pay laid next to the amount the City spends on Police & Fire. Notice how they line up? The Police Department eats every single dollar (and some) brought in to the City through Property Taxes and Fire eats all of your Sales Taxes. They don’t do that directly of course, they have accounting gimmicks and various funds to try and hide this from you but this is basic math minus bureaucratic bullshittery we’re showing you.
That’s right. That’s where ALL of your money goes and a large chunk of that is to pensions for guys who retire at 55 and will outlive all of us.
And along comes Measure S.
Much like Newman’s SB1 lie, Measure S is full of promises that require you to suspend disbelief and history in order to believe. The same city that prioritizes precisely ZERO of those $97 Million in taxes to keeping up our infrastructure NOW wants you to believe that they can be trusted to do the right thing with Millions more of your money if you give it to them.
Don’t do it. Don’t believe them. Don’t trust them. Don’t give them another dime of your money until they learn how to prioritize spending what they already take from all of us every year.
If you give them more money, they will absolutely spend every dollar on whatever strikes their fancy and when your roads still suck in years to come they’ll put their hat back in their hands and start the begging all over again. End this abusive relationship. They don’t steal from you because they love you, they do it because you won’t fight back.
A few weeks ago the Fullerton Rag posted City Council-member Ahmad Zahra’s comments to the Black Lives Matter protest in Fullerton on June 6. It is interesting snapshot on an elected Democrat’s efforts to appease the party activists while keeping that sweet PE union cash flowing. It went about as well as you would expect (fast forward to 2:35 to hear the crowd turn):
The latest attempt to thread that needle comes courtesy of Faisal Qazi, a first time candidate who appears to be the Democrats de facto candidate for the Second District City Council race. His facebook page currently advertises a pro-BLM tilt, which one would presume would mean he opposes the longstanding practice of covering up for problem officers. However, this (since deleted) post shows a pretty strong blind spot where public employees in general are concerned, which should call that assumption into question:
Translated: “Lets go after all the waste in the system, except for all the waste in the system.”
Apologies to longtime readers (for whom this will sound like a broken record) but, according to Transparent California, there are almost 200 City employees making at least $100,000 per year. And that is not counting benefits (the $100,000 club has over 600 members in our fair City when benefits are included). On what universe would this be considered “already low wages?”
Oh, and for extra irony, try guess which department most of the public employees in the $100,000+ club belong to?
The problem in our local government, as friend of the blog Dave Zenger put it recently, is that too many people believe “the myth that (civil servants) are underpaid and hence deserve civil service pensions and protections. That may have been more or less true until the employees unionized, but it hasn’t been true for 50 years.”
And the result? Generations of “fiscal conservatives” on the City Council who voted for every pay increase that crossed their desk, followed, apparently, by generations of BLM supporters with a see-no-evil approach in their own backyard to the core issue that gave rise to the movement in the first place. And who will probably also vote for every pay increase that crosses their desk. This is why we can’t have nice things.
The good government boys and girls over at FTR and their padrone, Tony Bushala, have jumped into the 2020 District 1 council campaign with their standard attack sign with the inevitable Barfman.
First, here’s the sign:
Barf Man Returneth…
They have conflated candidate Andrew Cho with the pet project of his boss, Jennifer Fitzgerald – Measure S. Nobody seems to know where the guy stands on the proposed tax increase, but some reliable sources have heard him support it. And since it is the brain child of Fitzgerald (who hand-picked Cho out of a line up of anonymous Korean-Americans residents) we may assume, that he is for it.
Anyhow the sign seems to go after two birds with the same stone and that’s pretty smart.
No, not against us… yet. Or against the Rock Wagner family for that Kathryn Hamel created wrongful death nonsense. You know the one, that’s the case that led to Hamel “resigning” and the city illegally dropping their sustained findings against her. Yeah, that’s gonna be a pricey lawsuit as well.
But no, this particular million dollar lawsuit stems from the Fullerton Airport Manager, Brendan O’Reilly, lying about when a hangar contract with former tenant Air Combat ended to illegally take said hangar from them to give it to the City Council favored/connected event company Hangar 21.
You have to wonder who was pulling O’Rielly’s strings to make his lie so often…
The ruling was aired live on Wednesday (no archived footage is available), and it hasn’t been released in writing yet, but for those who watched live were able to witness the jury side with Air Combat. The jury agreed that the City lied about the start/end date of Air Combat’s contract and awarded Air Combat $1.2Million in damages. That number will move around a bit as legal fees and other costs are calculated by the judge but it’s a huge slap in the face for Fullerton taxpayers and another black eye for CIty Hall / City Council.
Chalk one more loss up to Jones & Mayer and our incompetent City Staff. I hope you enjoy continually paying out for this nonsense because more is coming (see above).
It was an obvious case of corruption/incompetence at all levels of City Hall & Council that allowed this to happen and nobody, I repeat nobody, at City Hall is being held accountable for this million dollar loss that was entirely avoidable. And THAT dear Friends is the real reason the City wants to raise your taxes with Measure S – because being responsible with your tax dollars is just too darn hard.
It’s supposed to be illegal to use public resources in support of ballot initiatives, but of course the concept of illegality only applies to losers like you and me, and not to government agencies.
Here’s an example of the City of Fullerton blatantly using your money to propagandize you about the proposed sales tax increase, Measure S.
Tell me how this is not obvious political campaign propaganda from start to finish.
