If You Weren’t So Dumb You’d Know The Right Thing To Do

Accountability? It was never on the agenda.

And so education is the key. To that end our esteemed City Council voted 4-1 last week to pay some sort of “consultant” $129,000 between now and the November election to educate us all about why we need to vote for a new 16% increase in city sales taxes.

That’s right. A few minutes earlier, in the wee small hours, the council voted 4-1 to put a sales tax increase on the ballot. Then they added their little Maraschino cherry right on the top.

The government is not allowed to promote a ballot issue. Of course this prohibition never stopped agencies and school districts in the past. In fact they do it all the time. Wasting $129,000 gives them cover, they believe to promote their shake down. Well, we already know the “educational” pitch:

Lookit all the goodies we will get! Of course we should be getting all this stuff anyhow, if our city government were capable and honest instead of feeble, self-defensive, and in too many instance just corrupt. For years as our reserves were eroded every year Jennifer Fitzgerald and Jan Flory and their feel-good choir insisted that the budgets were balanced, projects were well-run, and infrastructure was prioritized. We all knew those were lies and now that we are scraping the bottom of the proverbial barrel it’s obvious to even the most oblivious observer.

For years Fitzgerald and company kept pouring money into the “public safety” sack, a move that endeared them to their union supporters but that jacked up payroll and pension costs while delivering zero increase in public safety. Our famous police department continued to nurture illegal behavior in its ranks and the City did its utmost to cover it all up.

Well these worthies have a tough row to hoe given the mood of the public and the ongoing Covid 19 pandemic. They’d better have a back-up plan because there’s little chance the electorate is going to want to protect the business-as-usual gang in City Hall. The completely hollow and cynical promise of oversight and audits isn’t going to persuade anybody.

 

Zahra and Silva Think A Pot Shop Next to Your House Is Okay

Last night’s City Council hearing on moving ahead with a marijuana ordinance produced the usual incoherent blather from our distinguished electeds, none of whom seemed to know what they were talking about, and two, in particular, who seemed to have been coached by representatives of the legal pot lobby. Of course we learned that the previous outreach didn’t reach anybody not looking to make a buck in the weed biz.

Somehow in its latest incarnation, staff’s proposed framework for allowing these uses, particularly dispensaries. reduced the “buffer zone” at schools and parks from 1000 feet to only 600, and eliminated the buffer for residential zones altogether. Why? Pretty obviously to increase the opportunities for locating dispensaries.

Councilmembers Zahra and Silva, who gave every appearance of repeating “consultant” talking points expressed concern that workers in these places be unionized and that to proceeds go to kiddie social programs, but they were more interested in increasing parcels available for development than they were about the impacts on residential neighbors. The bumbling Silva in particular made a big deal about having most permissible zoning in order that the burden of hosting these facilities would be shared by rich folks up in the hills, an idiotic pretext since a majority of the council spent a good deal of time extolling the virtues and minimal impacts of licensed shops.

Councilmembers Whitaker, Flory and Fitzgerald indicated their desire for a 1000 foot buffer, and the inclusion of residential use as a “sensitive receptor” requiring a buffer. So good for them. However, Fitzgerald and Whitaker both voted against going forward with more “outreach” and a future ordinance anyhow, meaning that either Zahra, Silva or Flory somebody is going to have to change their support for a residental buffer, ultimately, in a final ordinance. I leave it to the Friends to guess who that might be. On the other hand it’s hard to see how this can make it back to the Council before the election and both Flory and Fitzgerald will be gone, meaning that we may get lucky in Districts 1 and 2 and get a level-headed council majority who can make a decision that isn’t bogged down by fake concern, verbal gas, and union stoogery.

 

Press Release – City of Fullerton – Notice of Data Breach

FULLERTON, California (May 13, 2020) – The City of Fullerton (the “City”) announced today that we’re too dumb to use Dropbox and that led to the internet having access to things we’d rather you not know about – such a pervert cop filming up skirts and having child porn on his phone while stationed at Fullerton High School, a Lieutenant in Fullerton PD having not one, but two, Internal Affairs investigations against her that we dropped in order to bypass Public Records laws (SB1421 specifically), employees stealing things and us cocking up the investigation so badly that they got away with it, a City Employee overturning a Parks Vehicle while likely under the influence and on and on and on.

This isn’t new, in fact most of it came to light against our will almost a year ago so none of this is recent but we’re calling it a “recent event” that “may have impacted the security of personal information of some City residents and employees” because that sounds better than “our lawyers, who we refuse to fire and stand behind 100% are too stupid to use Dropbox and they totally screwed the pooch”.

The City became aware of posts on a public website, we all know which one but we won’t say because reasons, which contained confidential City information – see the list above. The city immediately began throwing money around trying to figure out who to blame and how we can get away with avoiding any responsibility. During the City’s investigation, it discovered that we are in fact too stupid to use Dropbox. We’re calling Dropbox “an internal data storage account” because it sounds better but yeah it was Dropbox. We gave out the website (CityofFullerton.com/outbox) on multiple occasions, to countless people, made it a legal public record and then sued some guys and a blog because they allegedly clicked links we put their names on in that Dropbox account – again that we told them about.

We gave them access and ignored that we had total control over who could see what and then our crack team of bureaucrats, lawyers and IT professionals somehow missed that we were too dumb to figure out Dropbox from about 2016 through June 21, 2019. The investigation further revealed the data included copies of emails and attachments that contained certain protected information. Information we never should have put online in an unsecured fashion but you don’t pay us the big bucks and for our lifetime pensions so we’ll be smart – you do it because we extort it out of you by taking away your toys (the library, roads, parks, etc) if you don’t give in to our mercenary demands. As a precaution, the entire contents of the Dropbox account were reviewed to identify the information that may have been accessible online for all the world to access. The City provided written notice to those individuals whose information was found on Dropbox. However, a small number of files we uploaded to Dropbox between 2016-2019 we totally deleted and therefore were not recovered and were unable to be reviewed and now we have no idea who’s information we negligently put online for the whole world to find. Whoopsie.

What Information Was Involved? On October 25, 2019, a day after suing the FFFF blog over our cockup, the City provided written notice to a small number of individuals whose sensitive information was found on Dropbox despite knowing about it for months. However, because we’re dumb and deleted things, a small number of files we uploaded to the non-password protected, public facing Dropbox account (at CityOfFullerton.com/outbox) were not able to be recovered and now the City is providing this additional notification. The personal information that we may have totally put on Dropbox in the files we absolutely deleted may include your name, Social Security number, driver’s license number, payment card information, medical or health information, and/or passport number. However, the City is unable to confirm the contents of these files or whether sensitive information was present in these files because, again, we’re dumb and don’t pay attention to what all we put on Dropbox despite us giving that account out willy-nilly. Hey, we waste your money and you don’t say anything so we figured you wouldn’t mind if we did the same with your data.

What Are We Doing? Suing people to cover up our incompetency mostly. The City takes the security of our employee and citizen information very seriously. So seriously that The City put that information on a non-password protected, public facing Dropbox account (CityofFullerton.com/outbox) in violation of HIPPA, Dropbox Terms of Service, Legal Best Practices, Common Sense, etc. In The City’s diligence The City immediately secured the Dropbox account at issue by deleting everything because passwords and access controls are too hard for our IT department and lawyers to figure out despite The City maybe needing those things for our pending lawsuit and to find out what we put online. The City reviewed existing security measures as a byproduct of our Dropbox screwup and finding essentially none paid $541,000+ to a digital security expert to do what our IT department should have been doing all along –  ensuring the security of The City’s network and keeping our idiot lawyers off of Dropbox.

The City is also providing information about our stupidity and about the steps individuals can take to help safeguard personal information – basically just don’t trust The City to be competent.

In addition, the City is offering to spend more of your tax dollars to offer identity monitoring services through Kroll because nobody in The City pays a price even when it costs you over half a million dollars and counting.

What You Can Do. The City encourages individuals to remain vigilant against incompetent city staff and council members who would compromise your information while putting you at risk of identity
theft and fraud through gross negligence.

Under CA law, individuals are entitled to vote incompetent asshats out of office every election cycle and we strongly recommend throwing circus ringleader Jennifer Fitzgerald out on her ass along with Go-Along-To-Get-Along rejects Ahmad Zahra, Jesus Silva and Jan Flory should Flory’s corrupt self decide to grace us with another council run.

For More Information The City also encourages individuals to read our other press releases where we pretend that we didn’t get slapped down by the Appellate Court and that we’re winning this ridiculous case that we filed against our own watchdog citizens to cover our asses.

Again, at this time, there is no evidence that any information has been misused but we want to drag a few guys through the mud and hope that our infinite resources (your tax dollars which we’ll be taking more of soon) are enough to scare them into submission so we don’t ever have to take responsibility for our own government incompetence. After all, would YOU keep voting for City Council members (Fitzgerald, Zahra, Silva, Flory) who stood by lawyers as dumb as mentioned above OR who let a City Manager attack citizens in the courts and press while taking home $242,931.63 in 2019? We think not.

The Cost of Suing Us

Yes, that is the answer!

Fullerton just “separated from employment” 150+ non-union part-time staff. Why? Because despite years of Mayor Jennifer Fitzgerald’s lies about a “Balanced Budget” and our mythical reserve fund – we had no plan for a rainy day.

During meetings, myself, David and others warned the City Council that a downturn was likely in the future and with CalPERS continually raising our pension costs we needed to be smarter financially.

Fitzy & Flory wanted none of that and spent like floozies in Vegas throwing every dollar we had at every uniform in sight with Silva, Chaffee and so on along for the ride.

Now here are we looking at a month of limited tax revenue and 150+ people lost their jobs with the city. 150+ positions aren’t being eliminated – no no no, they’ll tax us more to fill those again later and cry about not being to staff the libraries and parks to justify the new taxes/fees and whatever added costs to us they can cook up along the way. But 150+ people are now wondering how they’ll pay their bills.

But let me drive this home for you some more – the city is suing myself, David and this blog because we allegedly clicked some Dropbox links in an account they sent us and told the world about in PRRs. Remember, according to Kimberly Hall Barlow this isn’t about publishing or the 1st Amendment – this is about alleged theft and “hacking” because we allegedly clicked some Dropbox links.

In the process of investigating that alleged crime, the city found out that their network (which has fuckall to do with Dropbox) was incompetently setup and they hired an outside firm to fix it. This was the reason they claimed they waited to sue us for months on end – that they had to secure their network – which again has fuckall to do with Dropbox.

Glass Box Discussion

The firm they hired, Glass Box Technology, has a contract with the city for $60k/month not to exceed $500k.

Glass Box Contract

So far, according to the City Council approved Check Register, they’ve paid Glass Box $541,451.25 to date which is $41,451.25 over their “not to exceed” limit.

Glass Box Checks

That’s over half of a million dollars SO FAR because the City found out that they suck at running their own network as a BYPRODUCT of suing us which has nothing to do with what they allege we did. This was an unnecessary expense that has to come out of next year’s General Fund because it’s yet another major cockup for which nobody will be held accountable.

How many of those 150+ people wouldn’t need to be unemployed right now were it not for sheer incompetence in City Hall? Seems that $500k+ would have covered quite a few part timers.

Then we have the expense of our idiotic City Attorneys, Jones & Mayer. Since this nonsense started back in June with their Cease & Desist letters, the city has paid Jones & Mayer $891,074.49. We have no way to know how to split that up or what to attribute to the lawsuit against us because City Hall has a long history of lying about funding and hiding expenses in the wrong accounts. Just because something is coded to the Library, might not mean it has anything to do with the Library.

J&M Checks 2020

But if we assume that just 5% of their work product can be attributed to the lawsuit against us, and considering the reams of paper they keep filing with the courts we know their billable hours are stacking mile high, we can attribute approximately $44,553 to this stupid lawsuit. Seems to me that’s a few more part timers who could still be employed were it not for the malicious lawsuit being pursued by Fitzgerald, Flory, Silva and Zahra.

We don’t know how much the city has paid their other experts or consultants in their pursuit of the evil “hackers” who allegedly clicked Dropbox links – some with my name on them – but so far we know it’s pushing $500k+.

Where there’s smoke…

Remember this come election time & demand answers from these idiots on council who would rather spend your money, and it is your money, attacking us over their own stupidity than spend it providing the very services they’re elected to oversee in our city.

Shame on Fullerton. Shame on Mayor Fitzgerald. Shame on the City Council for always squandering your money pursuing their egos instead of your best interests. Sure, they’ll blame the need to “separate from employment” those 150+ people on this “global pandemic” – but that’s only because they constantly spend all of your money elsewhere while lying to you about our “balanced budget”.

Foto Fun Wednesday

It was like getting hit with a broomstick all over again…

There is an old axiom among you humans that birds of similar plumage tend to congregate. It seems to have a strong element of truth.

Here is a disturbing image of former Fullerton councilwoman Pame Keller, beneficiary of the scam called “Fullerton Collaborative,” posing with Paulette Marshall – confessed thief, perjurer, and shameless campaign laws violator.

Please provide a caption.

P.S. My inebriated former mistress used to walk me by the Chaffee place everyday and encouraged me to relieve my bowels in their driveway. Was that so very wrong?

Phriday Photo Phun – Early Edition

It was like getting hit with a broomstick all over again…

I don’t know about you humans, but I always find it amusing when a politician tries to look good on campaign material, but ends up really looking funny.

My former neighbor, Paulette Marshall is pretending to be a school teacher to run for County School Board. Actually she was just a typical bad local lawyer for years. In 2018 she created a phony address to run for your city council and then got busted, prosecuted, and eventually pleaded guilty to trespassing and theft charges. You would think that would be an instant disqualifier for future elective office, but in a county where her senile and crime abetting husband Doug “Bud” Chaffee can get elected County Supervisor, anything is possible if you blow enough of your kid’s inheritance. Of course spending dough doesn’t equate to success.

Here’s a piece Mrs. Chaffee sent out. Humans with opposable thumbs cropped it to get rid of the stupid, misleading verbiage.

See! That’s me with the sign! That’s how I ended up being here today for this community service photo opp. Crime does pay, boys, especially for rich old, white people…

I couldn’t think of what this reminded me of at first. Then I did”

Oh, Magoo, you’ve done it again…

Our New Mayor

I’m not telling the truth and you can’t make me…

Our esteemed City Council appointed lobbyist-councilcreature Jennifer Fitzgerald to be the new mayor a couple weeks ago. Supposedly it’s her turn again. How and why Jan Flory was appointed Mayor Pro Tem is anybody’s guess, especially since Bruce Whitaker and Ahmad Zahra have been on the council longer without appointment – supposedly the criterion for getting the job.

Zahra and Jesus Silva Quirk are no doubt angling to grab the mayor titlee when they run for re-election in 2022. They aren’t too bright, but they’re smart enough to count in four-year increments.

But the nasty machinations of our talent-free council are not the point of this post, merely a rolling introduction. What I really want to share is the completely self-serving and fraudulent mayoral bio Ms. Fitzgerald has placed on the City’s website, the first two paragraphs of which I reproduce here:

Mayor Jennifer Fitzgerald was elected to the Fullerton City Council in November 2012 and served as Mayor Pro Tem in 2014/2015 and Mayor in 2015/2016. In her first three years in office, Mayor Fitzgerald played a key role in several significant accomplishments, including a $3.5 million retroactive refund of water rate overcharges, public safety reform, a substantive increase in funding to repair the city’s aging roads and water infrastructure, and adoption of new transparency measures for public employee labor negotiations.

Mayor Fitzgerald represents the City of Fullerton on the Board of Directors for the Association of California Cities-Orange County Chapter and she is a Member of the Board of Directors for the Orange County Taxpayers Association. She is a former Metropolitan Water District Director, Past President of the North Orange County Chamber (formerly Fullerton Chamber of Commerce) and past Member of the Board of Directors for the Fullerton Historic Theater Foundation. Previously, she served the City of Fullerton on its Planning Commission and General Plan Advisory Committee.

It’s pretty bad that Fitzgerald is trying to take credit for the water refund she fought tooth and nail to minimize. It’s worse that she is trying to get gullible folks to think she has done anything about police reform , when in reality she has been an ardent defender of cover-ups for eight years –  including hush-up settlements and even being implicated in hiding the drunk hit-and-run perpetrated by her buddy Joe “Wild Ride” Felz. The unkindest cut of all may be her bragging about “increased funding” for street and water infrastructure that she and her comrades let sink into a deplorable mess – the worst in Orange County.

At least this go ’round she omits her oft-repeated lie that she has balanced budgets, but her re-election campaign material will no doubt rectify the omission. I’ll be checking into that.

And finally I direct your attention to paragraph two, wherein the tone deaf Fitzgerald blithely recaps all the public money laundering agencies she has consorted with, peddling her wares as a lobbyist for one of the greasiest operators in OC – Curt Pringle.

I Believe I’ve Seen This Show Before

The view doesn’t get better…

Some poor dopes think that history repeats itself, and yet there are times when it’s hard to argue the point, as when the City Deciders of Fullerton wade out into the same quicksand again and again and again.

I’m referring to the tedious habit of entering into lame exclusive agreements for stupid projects involving public property – which are then renewed and extended year after dismal year. We’ve seen this sorry practice with the massively moronic massive Amerige Court/Commons/Whatever mess; and again with the Transportation Center Master development fiasco, both of which were kept on life support for years and years by a city staff and city council who just couldn’t admit a bad idea had somehow festered forth from City Hall.

Enhanced with genuine brick veneer!

The latest in the string is the unsolicited proposal for a “boutique” hotel in the train station parking lot, an idea so stupid that only our city council could embrace it. FFFF has posted about it twice.

The train of thought was weak but it sure was short…

First we noted that some sort of pressure or promise was made to Weakest Link Jesus Quirk Silva to get him to change his vote and approve an exclusive negotiating agreement with some guy calling himself Park West Contractors and Westpark Investors. That was a year ago.

Davis, meet Bacon…

And then a few weeks ago FFFF shared the story of local union goons popping up at some dog and pony show to promote the project.

I know who I work for, and it isn’t you!

Anyway, the year term of exclusivity given to Mr. Parkwest Westpark has come and gone and so naturally the City has decided to give him another year, rather than to actually put the property on the market for alternative ideas. The November 19 vote was 4-1 with Bruce Whitaker opposing. We also learned that Ms. Jan Flory, true to form, strongly backs this concept, which is pretty ironic, given her past support of time extensions to the “developer” given the exclusive right to negotiate on the Transportation Center cock-up, a plan whose key component is the site of the proposed boutique hotel.

 

Fullerton Stopped Us From Publishing Public Records

OCR- Top of the Fold

Fullerton is headed back to court tomorrow to try and fix what it claims is a “clerical error” in their Temporary Restraining Order (TRO) against us here at FFFF. The TRO that’s already in front of the Court of Appeals and has mostly been stayed. The meat here is that the City Attorney did not incorporate into the TRO the list of files we’re alleged to have “hacked” by clicking links the city gave out to the world.

To try and fix their mistake, the City’s attorneys are running back to court to get the TRO fixed. This is all a part of their quest to search our digital lives to see if we have files they themselves admit they put on the internet.

For those just catching up, the core of the city’s illegal SLAPP case is that the public can only access information on the City’s website that the City has sent you a link and express permission to access/download.

This is preposterous and amounts to me calling you, dear reader, a “thief” and “hacker” if you click the “Contact” link on this page without me giving you express permission to click it despite me inviting you onto this page. This idiocy, if allowed to stand in court, will break the internet as we know it.

But in true Fullerton fashion it gets better.

You see, when the city was rushing to stomp on our First Amendment rights (despite Jan Flory expecting that to get struck down and Bruce Whitaker claiming there was no vote to do so at all), they couldn’t even be bothered to check their work. This is the list of files in question according to the City and the files we were restrained (gagged) from publishing or sharing:

TROed Public Records

Those red arrows are files that the City claims are public records disclosed as part of records requests according to the declaration of Mea Klein. You can likely spot other obvious public records on your own.

In other words – the city got a court to stop us from publishing and sharing records they themselves claim are public. Files the clerk’s office released to members of the public.

Let us contrast that with the City’s argument where they claim we should have known which files/folders on the city’s Dropbox account were public versus private before allegedly accessing anything. The City Attorney, as evidenced by this exhibit of their own creation, can’t discern public from allegedly private files. They not only admit to co-mingling files they have a legal duty to keep confidential with documents they have a legal duty to share with the public but they did it again in their TRO against us.

Allow me to repeat this very important point:

At the behest of our City Council, the City Attorney actually convinced a court to restrain us from publishing and sharing things they themselves admit are public records.

One might expect a little more due diligence when working to step on the First Amendment. We’ll see what the judge says tomorrow regarding this TRO update and we’ll keep you posted as this case continues.

City Blows Off Brown Act – Until Caught

The shy City rodent finally emerges from its hole…

Yep, just as we surmised, the City of Fullerton illegally ignored California’s Brown Act – a law made to protect us citizens from our own government. I posted here about the secret agenda item and the lack of reporting out, as required by law.

dick-jones
Staying awake…helpful, but not required.

So a recap: on September 17, 2019, the City Council of Fullerton, hiding behind closed doors, both raised the subject of suing FFFF and Fullerton citizens, and then took action – both without a whisper to the public about what had happened in this filthy little Star Chamber.

Another good month’s billing of the suckers!

How do I know? Because in a Voice of OC story today, our grossly overpaid and incompetent City Attorney, Richard “Dick” Jones, said so. Here’s the proof:

And at this Tuesday’s Council meeting, Dick Jones, head city attorney, disclosed that the Council voted Sept. 17 to sue Ferguson over the documents.

It was the first time the city publicly disclosed the closed session vote, as required by state law, despite the vote happening nearly two months ago.  

“In an effort to clarify any Brown Act violations, the fact that City Council on Sept. 17, 2019, met on a motion made by Mayor (Jesus) Silva and seconded Mr. (Ahmad) Zahra, on a 5-0 vote, the City Council approved the filing of a writ to seek a temporary restraining order against the main defendants,” Jones said. 

I’m a bird, I’m a plane, I’m a lawyer. I’m a lawyer!

So two months after the violation, and with the local and national media getting wind of the unconstitutional lawsuit travesty, our esteemed City Attorney decided he’d better get his client to, you know, follow the law. In this case, the City has felt zero compunction about labeling us as unethical thieves while they themselves are completely incapable of doing anything competently or ethically.