“Personnel Matter” is Bureaucrat for “Misdemeanor”

Both The OC Weekly and The OC Register have picked up the Uber-Failus story of Joe Felz.

According to The Register the City Attorney, Greg Palmer, said “the incident is a personnel matter but declined to elaborate”.

Let us look at that “Personnel Matter” shall we? First we’ll reference our fallen Sappy McTree.

Dearly Departed Sappy McTree
Dearly Departed Sappy McTree

According to Chief Hughes’ memo to City Council “the city manager was involved in a minor single vehicle collision”. Okay. That explains the tree but not what happened.

For context Sappy McTree is knocked down facing West which means that he left this mortal coil after being struck from an Easterly direction. The following is a photo of a skid mark which starts near Sappy’s remains and continues west.

Fleeing the Scene?
Fleeing the Scene?

It continues for 176ft. How do we know? Because we measured it.

176ft Skid Mark
176ft Skid Mark

“So what?” some of you will comment. The “So What” is California Vehicle Code 20002 (emphasis mine):

(more…)

Would You Like to Phone a Friend?

We kicked off our relaunch by letting you all know that City Manager Joe Felz was in an alleged DUI accident at the wee hours on 09 November 2016 following some possible revelry in Downtown Fullerton where he was allegedly spotted at three bars before allegedly running down a tree. We showed you some photos of the poor innocent tree that was taken from our fair city far too soon. We showed you gouges in the road that will likely get pushed up the queue for our Mayor’s 8-Mile-Per-Year charade of a repair estimate.

We here at FFFF are trying to piece together what happened and are looking to see if Joe Felz was released with a criminal citation as per the FPD Policy Manual section 420.3.3 but this is where the transparency problems come into play. We aren’t allowed to know much and certainly not in a timely fashion. Even council members are forbidden from talking about pending or current investigations regarding current city employees. They won’t, or can’t, even confirm if such cases are in fact pending or current. The City can take 1-2 weeks to get back to records requests because they under-staff the transparency while going heavy on the revenue generators.

With Chief Dan Hughes on his way out the door to go work as the Mouse’s Top Cop we have an interesting problem on our hands.

You see in our fair city the City Manager makes the appointments to Interim Chief should a vacancy appear. This means that Joe Felz will likely be appointing the very person in charge of the Fullerton Police Department which is tied into a possible pending or ongoing investigation of our own City Manager Joe Felz. How nice it must be to know that you get to choose the guy or gal who could be tasked with sweeping your alleged dirty deed under the rug. While it is true that Chief Hughes cites possibly bringing in the CHP to investigate, owing to a conflict of interest, it is still his own officers who would be called to testify about the scene should this alleged crime go to trial.

I’ve read the Fullerton Police Department Policy Manual on DUIs and I can’t figure out why in this alleged case the Chief of Police needed to be involved in a simple DUI. Notified sure. Directly involved though? According to the Manual, section 514.2.6 specifically, Exigent Circumstances exist with chemical tests because of the non-permanent nature of the chemicals (allegedly alcohol in this case). Taking the time to call the Watch Commander who then takes the time to call the Chief who then has to call back in theory could allow the alleged blood alcohol level of our allegedly drunk City Manager to drop to a point of allegedly legal sobriety.

Of course that brings us to section 514.2.2 of the aforementioned FPD Police Manual. That states;

If the arrested person chooses a breath test and it can be accomplished without undue delay, the arrested person shall first be transported to the jail for breath testing preparatory to booking.

fullerton-police-department-policy-manual

I don’t see any mention of transporting anybody to the Jail, a whopping 0.6 miles away, but I suppose that’s because the “field sobriety test” had nothing to do with actually testing for chemicals in the blood. If a chemical test had been completed that long drive to the Jail would have happened and been mentioned in the Chief’s memo to City Council which it was not.

jail-felzcrash

 

Expect to hear a lot about the “ongoing investigation” and remember kids that you too can allegedly drive drunk and have the on scene officer call the watch commander who then calls the Chief of Police who then calls back to give the go ahead to the on scene officer to do his/her job. You might even get a free ride home. Oh wait. No. Most of us would simply be arrested and have our cars towed to the impound.

Fullerton Liability Insurance Cash Drawer Empty

Hughes2
The Culture of Complaisance is about to get a lot more expensive.

If you notice item 12 on the Fullerton City Council agenda for Tuesday, good for you. It means you have pondered other idiocies – from the moronic CSUF “College Town” boondoggle through the closed session legal embarrassments involving Chief Danny Hughes and his goons in blue.

Which is a nice segue back to item 12. According to staff the City’s insurance well is dry due to a couple of big payouts in 2012. That’s bad news because now the City will have to issue a big chunk of debt so that the FPD payouts can proceed apace and Garo Mardirossian can get that 2014 Ferrari.

Of course the cash, raised by the sale of bonds will cost the General Fund a nifty $500,000 a year for the next couple of decades. City Manager Joe Felz will be enjoying his massive pension by then, so who the Hell cares, right?

Ironically, the cases of Veth Mam, Trevor Clarke, Edward Quinonez and Ron Thomas will drain the coffers yet again, requiring even more debt for fiscal year 14-15. The staff report says we need to protect Fullerton’s credit rating by issuing new debt. That’s a creative argument. I think we could protect Fullerton’s credit rating by eliminating the Culture of Corruption.

The Settlements

Yes, Friends, elections do have consequences. But you already knew that.

The results of the November election mean that the tepid and incompetent reign of Fullerton City Manager Joe Felz and City Attorney Dick Jones will continue as they preside over policies (or lack of policies) meant to evade accountability for your employees and electeds in City Hall.

Acting Chief Danny Hughes, the legacy boss of the FPD Culture of Corruption will soon see his title made permanent, even as the accusations by Ben Lira about Hughes’s direct involvement in cover-up and brutality, continue to  swirl.

(No, you will not get a refund in any part for the illegal $27,000,000 tax that City Hall stole from you. But in the larger scheme of things, that’s small change)

I want to talk about justice.

In our State the cops can do damn near anything they want with impunity. Our spineless politicians have given them wealth, influence, and most importantly, virtually no accountability to anyone. The justice system itself, run by District Attorneys surrounded by ex-cops, has little interest in pursuing justice against their own allies, even when this means coddling the very perjuring cops that have scuttled many of the DA’s own cases. And when the cops themselves actually commit crimes, the law enforcement establishment immediately springs into action to defend the indefensible.

Think about what happened to Veth Mam. An innocent man was assaulted, arrested and falsely prosecuted. Fullerton cops knew the real truth and lied under oath to hide the fact that they beat up and arrested the wrong guy. Were there any repercussions? Of course not. Remember the Martinez kid who spent five months in jail thanks to the Fullerton cops? Well, Goodrich said everything was just fine – a slight error. Trevor Clarke says the FPD beat him, gave him a few sadistic “screen tests” just for fun, threw him in jail, and robbed him for good measure. Ben Lira says Danny Hughes was one of the instigators. Will anything happen? Not very likely, is it?

Let’s let the Albert Rincon case be our guide: we know that Albert Rincon serially molested women in the back seat of his patrol car. We know because of the depositions of just two of his victims (there are said to be a dozen). But the obscenity of what occurred, and importantly the roles played by Patdown Pat McKinley and Mike Sellers in covering up the whole mess, and worse, putting the creep back on the streets shall never be known. Why? because there was a settlement; a settlement approved by by-then Councilman McKinley himself.

The lawsuit settlement is the mechanism to hush everything up, from brutal and sadistic cops and an immoral FPD leadership, to a feckless city manager and city attorney who condoned the Culture of Corruption. If you wondered how the FPOA and the FPD/City Hall crowd could share a common goal, this is it.

And the path to settlement is the route no doubt most favored by Garo Mardirossian, the lawyer who is representing a whole slew of FPD/FPOA victims of brutality and perjury. For a lawyer a big payday without having to risk anything is a gift. And co-incidentally the same result will be a gift for Joe Felz, Pat Mckinley, Danny Hughes, Barry Coffman and the rest of the gang.

Your new council majority of Chaffee, Flory and Fitzgerald will make sure that Fullerton returns to the normalcy where no bad deed goes reported.

Of course it won’t be their money that goes to pay off Veth Mam and Kelly Thomas’s relatives. It will be yours.

And you will be poorer but no wiser.

 

Fullerton Police Officer Says Chief Hughes is Corrupt

We just received a copy of a message to city manager Joe Felz from a Fullerton police officer making specific allegations of corruption, brutality, racism, cronyism and cover-ups under the leadership of police captain and current acting chief Danny Hughes. I also hear that officer Lira has been discussing these issues on KFI AM 640 this afternoon.

From: Ben Lira
Sent: Friday, July 20, 2012 12:42 PM
To: jfelz@ci.fullerton.ca.us; City Manager
Subject: message/information from Benjamin Lira

Mr. Felz

My name is Benjamin Lira, and although we’ve never met, I’ve been a nearly 17 year dedicated employee of the Fullerton Police Department.  Recent events have left the city, the Police department and it’s employees in turmoil.  I’m saddened to think I’ve had anything to do with that.

I apologize for reaching out to you via email but myself and my colleagues have stood quiet long enough.  I ask that you PLEASE take the time to read this email and reflect on it’s contents.

If my name doesn’t ring a bell, then let me introduce myself and tell you I am the person who drafted the email to solicit bail funds for Manuel Ramos.  I’m not writing you to debate the KT events; they speak for themselves.  I’ve said all along that I didn’t condone the actions of the Officers, but Manuel Ramos is my friend and I did it to help a friend.  Not only did I try to help a friend I checked with then Acting Chief Hamilton who told me, “I can do whatever I want as long as I do it on my own time.”  Employees at the PD were confused because having not seen the video where told by Captain Crum, “that’s what happens when you fight with the Police.”  On my own time I drafted an email and distributed via PORAC.  I didn’t have any intentions other then to solicit donations through union members.  Unfortunately, someone from LAPD put the email on his facebook page, Big City Cops.   I do not have any affiliation with BCP nor do I agree with their views.

Since drafting this email I’ve been demoted.  After my demotion I was placed on paid leave for a text message I did not send and was distributed by members of the FPD.  It’s unfortunate that I and on my own time am held to higher standards then some on of the members of the FPD while on duty.  Many in the public refer to the “culture of corruption” in the FPD and I’m here to tell you it exist.  I’ve resisted long and hard the “culture of corruption” and I can no longer sit back and allow this to ruin the reputation I spent long and hard building with the community, my co workers and my colleagues in the LE profession.  Which was once a childhood dream to become a Police Officer has now become a nightmare.

Up until now I’ve decided to remain silent, mostly at the advice of my attorney’s.  I can no longer remain silent and my passion to clean up the Police department and re store it’s reputation remains stronger then ever.  I feel it’s ironic the person now in charge of the Police department, Dan Hughes, has led the way in the culture of corruption and now makes the decisions for the Department.  I implore you to please continue reading and know that against my attorney’s wishes I’m reaching out to you to give you information you may find useful.

When I first began my career in 1995 I was eager to make a difference and that difference started in my assignment at the FPD jail.  While working in the jail I watched then Senior Officer Dan Hughes slap an inmate 6-8 times in the face.  I thought to myself this person doesn’t need to be a Police Officer and never did I ever imagine this person would one day be in charge.  The assault was investigated and as a probationary employee and only 19years old I feel as though I was told what to say and not asked what I saw.

During my career I worked up the ranks from Cadet, Sr Cadet, Jailer, Reserve Officer, Police Officer and Corporal.  I attended CSUF and obtained my Bachelors degree in hopes of one day promoting.  Sadly I was wrong because I soon realized there was a culture at FPD where a group of White Officers would promote and then promote their friends leaving the rest of us on the outside looking in. If you look at the make up of the PD it’s made up of Supervisors, their family members and friends.   I know it’s hard to believe but as you continue to read on I hope you see the evidence I show to support my claim.

In my nearly 17 years as an employee of the Fullerton Police Department I have received one citizen complaint and it was at the beginning of my career.  I personally think this is impressive because all of my career but 2 years has been spent in patrol because I’ve never been given a chance to prove myself in details, assignment, training, etc.  This frustration grew in to depression and in 2005 I took a leave of absence.  Embarrassed as to how I was feeling I didn’t tell anyone.  I did what I had always told people and that’s if your not feeling well then seek counseling, and that’s exactly what I did.  Unfortunately, this didn’t meet the mold of the culture at FPD because when I returned to work I had 46 metal hangers intertwined on my locker preventing me from opening it.  I reported this, but of course nothing ever happened.

Throughout my career I watched as this Culture of Corruption grew and they became increasingly racist.  Mexicans would be referred to as “wetbacks” and African Americans would be referred to as the “N” word.  I voiced my displeasure but to no avail.  On July 22, 2008 a departmental photo was scheduled and during individual photos a group of Mexican Officers were called, “wetbacks,” “where’s your oranges,””Where’s your Chiclets.”  For the first time in my career, while in uniform and not on the scene of a tragic crime, I wanted to cry.  I filed a complaint and my frustration grew when the FPD brass deemed my complaint “spirited bantering.”  I was mortified and couldn’t understand why this could be.  From then on I suffered even more ridicule by colleagues teasing me for making a complaint.

Since this time I’ve continued to suffer discrimination.  I’ve reported this and ultimately then Chief Sellers scheduled an independent investigation.  RCS investigating and consulting ultimately met with me and the results of this investigation have never been given to me.  During this investigation I reported how supervisors would leave early and go drinking downtown.  I reported how the supervisors would then have Officers take them home in Police/City vehicles.  Ironically these same officers who would give them rides home would begin to get promoted and preferred details in the Department.  I reported how then Captain Petropolous would teach at FJC and allow FPD members enroll in his class and never show up and get A’s in the class.  Doesn’t sound like much until you consider Officers would use these credits which led to certificates and increase pay.

This investigation went on and I reported a laundry list of incidents which largely alleged supervisors were derelict in their duty.  I reported how supervisors would go and teach at FJC academy when they should be working at the PD.  I didn’t feel it was fair to the citizens that the watch commander was getting paid to teach at FJC instead of being at the PD, but this was the norm and til this day hasn’t changed.

10 days after this interview I was called in on a Sunday to the Watch Commanders office.  I was met by an angry Dan Hughes.  Hughes told me I was ordered not to talk about the above mentioned investigation and that someone had filed a complaint against me.  I was never given a copy of the complaint,  I was never told what the complaint was and a follow up investigation took place.  I later learned from the Association that it was Dan Hughes attempt to cover up the interview which in turn led to his promotion to Captain.

The more I look around I can’t help but feel Dan Hughes is the common theme amongst corruption that has occurred.  For instance, the city is being sued by Clarke, a citizen who said he was assaulted on St Patrick’s day 2010.  All those involved know it was Dan Hughes who initiated this contact and took Clarke down to the ground causing him injuries yet no record of this ever exist.  In fact, this arrest was followed by Officer Cary Tong purposely slamming on the brakes and while recorded on DAR you can hear Officer Tong allowing the inmates face to slam on the “cage” three times in the Police car.  I think it’s sad and ironic how now the city is being sued but up until now Hughes’ involvement is not known.  To me this shows what kind of person he really is.  In addition to that during this investigation he had Sgt Chocek secretly/privately go up to each officer involved and promise them lenient discipline in return for not reporting Dan Hughes’ involvement.

These are just my stories and quiet frankly I have several more and so do other members of this department.  Theres employees that are afraid to come forward in fear of risking their career like I have. There’s a lot of good employees at the FPD, one being Captain Lorraine Jones.  Sir, whether you agree with me or not I ask that you please consider the common goal we have and that’s to clean up the Police Department.  It breaks my heart to have to listen to the advice of my attorney’s and prepare for lawsuits because that’s not what I’m about.  If you question my intentions please ask my friend, Captain Lorraine Jones.  She speaks highly of you and it’s for that reason I’ve chosen to reach out to you.

On May 17 I met with the FBI and reported what I’ve said along with other things.  The FBI, like yourself, have the opportunity to make a difference for this city, it’s citizens and it’s employees and I urge you to please consider that.  I think at the very minimum I’ve given you some evidence of the misdeeds perpetrated by Dan Hughes and I’m hoping it’s enough to launch an investigation and place him on administrative leave.  I hope that if at any point you want to meet with me and or use me to help, that you know  I’m committed to you and this city and it’s citizens.

I’m sorry for any inconvenience any of my actions have caused.

Sincerely,

Benjamin Lira

Sellers Sighting in Pasadena

He keeps popping up like a bad penny. It’s Iron Mike Sellers at the Rose Bowl.

That’s right, Fullerton’s former top cop who let Pat McPension’s Neanderthal goons run amok, and who, when the chips were down took 1) a vacation, 2) a tummy ache medical leave, and 3) a disability retirement and massive pension with thanks and well-wishes of the Albert Pujols of City mangers, Joe Felz.

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.

Wolfe To Get Tuned Up By Grand Jury

Can’t wait to see the booking photo.

It took a year, and some double talk by our esteemed DA, but news reports are saying the OC Grand Jury is convening to day to indict former Fullerton bully cop Joe Wolfe in the death of Kelly Thomas. Originally Tony Rackukas said Wolfe couldn’t have known what was going on between Ramos and Kelly and therefore was excused from any wrongdoing, a yarn so unbelievable that, well, nobody believed it, especially when the video came out and we could see a fully engaged Wolfe take batting practice on Kelly.

And here’s some food for thought: Joe Felz and Acting Chief Danny Hughes  put this cheapjack goon (or so the story goes – and it has the perfect ring of truth) on a disability retirement for throwing out his shoulder beating up on Thomas! In any case Wolfe is gone from the Department, but not ’til afer getting a clean bill of health from our new, reformed police department and its esteemed Acting Chief. Fortunately the Grand Jury is likely to be a lot more discriminating as to who it determines to be Hero. Ad hopefully this Hero will get what he deserves.

 

Jan Flory Talks About Sex and Water

Correct. We do not want you to discuss sexy issues.

Okay this post is not about Jan Flory discussing anything remotely “sexy” because the thought of that…well, never mind.

The post is about her latest Facebook scribblings in which she opines on a subject near and dear to the hearts of Fullerton reformers: the illegal 10% tax on your water that the City collected for the past 15 years. $27,000,000 worth.

First I’ll start by stating what you could have already guessed. Jan Flory does not want you to get a refund of the theft. In her world-order the taxpayers are meant to be milked, not refunded.

Her assertion that the collection was “illegal” the past three year is a bad lawyer’s half-truth that amounts to a bald-faced lie, of course. It has been illegal for 15 years, six of them on her watch as a council person. The City has a legal opinion that it is only obligated to refund three-year’s worth of the theft. Not the same thing, is it? Of course Mrs. Flory is desperate to disassociate her name with the tax. Too late. She is on record in the 90s as having known it was wrong and doing it anyway.

Mrs. Flory and her ilk love footling committees, especially when they are selected by ozone brains like Jone, Quirk, McKinley and Bankhead. Even better are the “consultants” selected by staff who give them their marching orders. The “report” cooked up by the water rate consultant was so evidently bogus that it hardly needs to be restated. But I will: their goal was to gin up as much phony cost as possible to keep the bureaucrats greedy little fingers on that 10%. Flory may think this gives her cover, and under the old Culture of Corruption it would have. Not any more.

The 10% was expressly collected  to cover specific City staff costs associated with the water utility. However, it turns out that those departments were already charging directly to the Water Fund. Which is why I am happy to refer to the tax as an illegal theft.

And another point: it’s real easy to say that the illegal tax should be refunded to the Water Fund for capital improvements. That’s convenient, but immoral. The tax that was collected had nothing to do with infrastructure. Nothing. True infrastructure costs should be rolled into an effective rate for water transmission, a correction of years of mismanagement by Mrs. Flory and her cohorts that still needs to be done. Confusing these two issues is simply a convenient way for the perpetrators to hide their crime and their dereliction.

Now, let’s address the issue of the reserve funds, a subject that Mrs. Flory wants people to believe she knows something about. There is no need to empty these accounts to pay refunds. No, indeed. I find it remarkably disingenuous for anybody to assert this, especially given just two of City manger Joe Felz’s most recent “cost saving” measures.

First there was the egregious relocation of former Redevelopment personnel into General Fund departments for which they had no apparent expertise. Most recently the City contracted out your graffiti removal services for $120,000. Yay! Big savings, right? Wrong. The city employees were simply reassigned to other  jobs in the Engineering Department that were vacant. Net cost savings? -$120,000.

The City just missed an opportunity to shave a million bucks off its payroll costs. Of course, my point is that the General Fund is far from depleted.

Finally, in closing, I would submit that Mrs. Flory knows more about witching hours than any of us. However, if she doesn’t like staying up that late every other Tuesday night, then she has no business on a city council. And it’s really too bad that the Council is scheduling special meetings to attend to the people’s business.

Mrs. Flory’s little rubber stamp has been put away and locked up.

What To Do About The Illegal Water Tax

On Tuesday the City Council is scheduled to discuss what they want to do about the embarrassing fact that the City charged an illegal 10% tax on our water bill for fifteen years, amassing a total rip-off that easily topped $25,000,000. The funds were deposited in General Fund and mostly went to pay for salaries and pensions of City employees that had absolutely nothing to do with the acquisition and transmission of water – the ostensible purpose of the levy. It even went to pay for four-star hotels for Councilmembers’ League of City junkets.

Some folks think reparations are due, in some fashion, to the rate payers that got ripped off. But how? A check in the mail? Lowered rates in the future? Repayment from the General Fund to the Water Fund?

The City doesn’t have $25 mil laying around, and rebates in the future for past indiscretions would certainly create inequities. Going back just a few years for reparations may be a logical and practical step. Repayment from the General Fund over time may be the only recourse and would certainly address the original purpose of the “in-lieu fee” which was the cost of delivering water to the people and businesses of Fullerton. However it should be pointed out that the the 10% that was raked off was never connected to the true cost of the water in the first place.

Another question to be dealt with is what is an applicable rate for miscellaneous City costs that are currently unrecompensed by the Water Fund? There isn’t much unaccounted for, and the “consultant” for the Water rate Ad Hoc Committee tried to cook up some phony percentage between 6 and 7 based largely on the cost of the City charging the Water Fund rent!

This raises all sorts of embarrassing questions about why the Water Utility was not permitted to acquire all this valuable real estate in the first place, dirt cheap, if now it is to be treated as a separate entity; and how a landlord can negotiate rent with his tenant when they are both one and the same person. In any case there is a new council that is a lot less likely to cave in to this sort of nonsense than the old stumblebums.

In any case, I want to mention a couple of things. First, the perpetrators of the scam need to be identified and chastised for their complicity in the tax: they would be all of the former councilmen of the last 15 years who let this happen; the city managers Jim Armstrong, Chris Meyer, and Joe Felz, who participated in the scheme and who either knew or should have known it was illegal; and let’s not forget Richard Jones, Esq., the City Attorney, who was there every single step of the way and damn well knew it was illegal. Second, Joe Felz’ obvious strategy of stalling and temporizing on this issue, aided and abetted by the Three Hollow Logs and Sharon Quirk, protracted the rip-off by another full year and compounded the problem even more, even as they knew the jig was up.

It should be interesting to see if any of our aspiring council candidates show up to share their wisdom on this subject.

What do you think?