Tag Archives: Dick Jones

Criminal

Fullerton Admits to Criminal Incompetence

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.

CPRA Fullerton Dropbox Response

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.

Health Records on Dropbox

And furthermore, according to the City’s most recent court filing which was filed today:

Unaware of Access

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

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!

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.

Extending Fullerton’s Outdoor Saloon

Tonight’s meeting has a rather large agenda…

Fullerton has a vibrant night life with thousands of patrons being served by the 60+ establishments with liquor licenses within the Downtown region alone. While it is true that some businesses don’t operate within the law and the city turns a blind eye to its own municipal code when it suits them it cannot be denied that business is good in the good old outdoor saloon game.

But business could be better if only bars and nightclubs didn’t have to stop serving people.

Never fear. The California Senate has come to the rescue by passing SB-384 which will allow local municipalities to keep the bars open and beer slinging until 4am. There is a lot of support in Sacramento for this bill as it passed the Senate 27-4-4 with our own Senator Newman being one of those Aye votes. It next goes to the Assembly so only time will tell how Quirk-Silva will vote in that chamber.

The more fun question to ponder is how her husband and the rest of the (D) council majority will vote once it passes. Will they allow Fullerton to keep the doors open longer if only to keep FPD’s OT flowing as freely as the booze? Will they manage to get a handle of the municipal code before acquiescing to their bar and nightclub owning campaign donors? Will they vote against it thereby hindering the number of awards FPD can rack up from MADD?

Honored by MADD (Mother’s Against Drunk Driving) for their efforts in getting drunk drivers off the road are Fullerton PD Officers Cary Tong, left, Timothy Gibert, Jonathan Munoz, Corporal Ryan Warner and Officer Miguel Siliceo.
Photo by Steven Georges/Behind the Badge OC
*** Officer Siliceo’s name on the plaque is misspelled as Sihiceo. ***

Personally I think this bill is stupid because it would mean that bars would have to close down at 4AM and could open again at 6AM. Booze would have to stop flowing for 2 hours. 2 HOURS?! Why not just go Vegas style and end the cut-off altogether? That seems like a smarter play then pretending that turning off the tap for 2 hours will keep people from over drinking.

How do you friends think this will play out in council chambers and on the streets of Downtown? Let us know in the comments.

If you need inspiration for your comments please let Dick Jones be your guide.

The Weasel Words of Dick Jones Regarding Joe Felz

After tonight’s Fullerton City Council meeting all signs point to City Manager Joe Felz being out of a job, likely from early retirement after he runs out the clock on his vacation time. Allow me to explain.

Joe Felz was a no-show at last night’s Council meeting and the City Attorney, Dick Jones, relayed a nothingburger of an apology from Felz during the Open Session and said that Felz was taking a 2-week leave of absence. Mr. Jones then requested that the council agendize an emergency* item for the same meeting, last night, to appoint an Acting City Manager which they did.

There is zero reason to appoint an Acting City Manager if somebody is on a voluntary leave for 2 weeks. Do we appoint an Acting City Manager anytime the City Manager goes on vacation? No. Was it an emergency? No. This is ridiculous. How ridiculous you ask? Well…

Pursuant to California Government Code we don’t even NEED a City Manager owing to Fullerton being a General Law City.

36501.  The government of a general law city is vested in:
   (a) A city council of at least five members.
   (b) A city clerk.
   (c) A city treasurer.
   (d) A chief of police.
   (e) A fire chief.
   (f) Any subordinate officers or employees provided by law.

Notice that there is no “City Manager” on that list.

So our City Council just appointed a person, Gretchen Beatty, to a position that we don’t even legally need because our City Manager is on a 2-week leave. Funny how the City Attorney missed that little nuance in the law or as I like to call it – his job. Dick Jones asked that a non-issue be agendized unless of course more is going on behind the scenes that can’t be discussed with us common rabble known as residents.

Now here’s where the weasel words really come into play. Mr. Jones stated that Gretchen Beatty would be acting City Manager not until Felz came back from leave but rather until the City Council relieved her. He’s a lawyer who chooses his words carefully so this means something.

To really drive this point home it should be noted that during Public Comments people spoke up about the Joe Felz / Sappy McTree incident and Mr. Jones made a point that the details of the investigation couldn’t be released until this “Personnel Matter” is resolved. He also said that it was an ongoing criminal review and it would go to the D.A. for a “Potential Criminal Prosecution”. Further he said, and Mayor Fitzgerald asked him to repeat, that the Bodycam footage couldn’t be released pursuant to California Government Code 6254F.

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Play It Again, Dick

One might ask the question, “How in the world did Fullerton get stuck with not one, but two Dick Jones”?

This spectacle of Doc HeeHaw sharing his consternated confusion over the illegal water tax boils down to this: his lawyer, Attorney Dick tells him it is illegal and should be got rid of (15 years too late, of course); and Doc Dick agrees. His solution? Change the name of the tax!

Can it be possible that he actually believes the idiocy that tumbles out of his yapper? When it comes to muddled, loud, Southern-fried buffoonery there’s just no beating F. Dick Jones.

Wake Up Dick!

Nice shoes...

After second helpings of aloo tikki and tandoori baked nan, our own beloved blowhard Dick Jones seems to be having trouble staying awake during the Indian Independence day celebration held last summer at Harry Sidhu’s “elegant Yorba Estate.” You remember, his home in the 3rd District that he swore under penalty of perjury that he had abandoned for the Calabria Apartments on Lincoln Avenue.

Another Classic Jones Moment. “Why I Quit Vector Control”

Listen to good ol’ Doc Jones explain why he bugged out of the OC Vector Control Board. It’s pretty ironic that during Jones’ explanation he does the same thing that he accuses Vector Board members of doing – going on, and on, and on.  In fact Jones goes all the way to Africa and beyond in his four minute plus spiel. And of course he’s a die-hard supporter of the bureaucracy and its arrogant ex-chief to the bitter end.

Anyway, I always thought the purpose of leaders was to lead – not quit when they get annoyed or impatient or “baffled by brilliance.” It’s leadership failure.  No Dick, our concerns are not “improved.”

Watch the clip, Friends, and you’ll get the picture.

We Get Mail: Dick Jones And The Great Vector Bug Out

Here’s an interesting e-mail chain that I initiated while contacting Mayor Bankhead about making sure Fullerton has a representative on the OC Vector Control Board.

I got an e-mail from good old Dick Jones himself accusing FFFF of innuendos and lies! Naturally if there’s a different tale than the one told to us by other board members, we’d sure like to hear it! So I invited Jones to write it out and send it in to show us where we are lying. Of course I’ll publish any old thing he writes – just so long as he writes it himself.

I have to admit I got a kick out of the “helping fellow citizens” routine.

In a message dated 3/30/2010 12:26:27 P.M. Pacific Daylight Time, tony bushala writes:

Dear Mayor Bankhead – I have confirmed with a member of the Vector Board that at Vector Controls last board meeting (closed session) held on 3/18/10 Dick Jones lost it and “declared” that he “quit” the Vector Board.

Would you please place this matter on the city’s next agenda so the residents of Fullerton are assured that we have a representative on the Vector Board?

Thank You,

Tony Bushala

________________________________________________________________________________

Wed, March 31, 2010 8:05:15 AM

Tony what is your problem???? The Council, the OCVCB Director, and Board Pres were informed by me last month that I was considering resigning because of ongoing problems at the OCVCB. When I left several others walked out also–a quorum just barely remained. Why must you and your blog attack with innuendos and lies those who are trying to help their fellow citizens? Would you like to meet with me and see if we could improve your concerns?

________________________________________________________________________________

Wed, March 31, 2010 11:46:12 AM

Would you like to write up your version of the Vector Board event and explain where I’m “lying”, I’ll even publish it on the blog.

12 Years Was More Than Enough. The “F” Is For Fail

The worst thing I've ever seen...

And now, a year and a half after Fullerton Councilman Dick Jones was re-elected to a fourth dreadful term it only gets worse.

During the fall of 2008 FFFF shared Joneses’ mastery of the rude, ignorant, nutsy outburst. We even got creative. Last year we chronicled Jones’ comical misunderstanding of Redevelopment, as well as his crazy melt down at a Vector Control meeting. And just last week we related the story of Jones standing up during a meeting, walking out, and quitting the Vector Control Board.

Even if we give him the benefit of the doubt on the female cop derriere incident, I wonder how long the people who have propped up this asinine buffoon can continue to look the other way.

Well, enough is enough, already. This guy has spent 14 years making himself a laughingstock, and it seems he won’t be satisfied until he does the same thing for Fullerton.

Did Dick Jones Bug Out of Vector Control?

Jones hates rats; loves carpetbaggers...

Every now and then word filters back to us about some zany corn pone antics by our own beloved municipal treasure, Dick Jones, at the County Vector Control District meetings. See, Jones is supposed to be representing us in this agency whose mission to do battle with the evil forces of rats, ants, and mosquitoes.

Our sources inform us that at the last meeting’s closed session that was addressing the future of the arrogant General Manger, Gerard Goedhart, Jones just lost it, stood up, declared that he was quitting, and left the room. Fellow boardmembers were nonplussed, to say the least.

Good grief. Just last year this same nincompoop popped his cork at a meeting.

Now, apparently, he just quit. He’s still got 21 months to go in his “term” on the Board.

Maybe it’s all for the best. And maybe Jones is actually onto something. If he can’t handle the annoyance without petulant outbursts, he should go. And he really ought to think about resigning from the City Council while he’s at it.

CITY COUNCIL FAIL? THE LEAGUE OF CITIES

The Fullerton City Council held a special meeting the other night to address the City’s projected budget deficits. It ain’t pretty.

Man, that's a big ugly hole...

But even uglier was watching the discussion unfold on what to whack and what to keep when the discussion turned to the City’s membership in the California League of Cities –  a do nothing operation run by bureaucrats for the purpose of promoting their own policies. The annual membership cost is something like $75,000 – not an inconsiderable sum.

To their credit both Shawn Nelson and Sharon Quirk-Silva recognized the elective character of this annual expense and are willing to dispense with it – a gesture both symbolic and practical. And then into the breach to save the day leaped council members Don Bankhead and Pam Keller, relating how important membership in this organization really is. Looks like Dick Jones is the swing vote on this.

Mmm. Shrinp cocktail and Jack Daniels.

Hmm. Bankhead and Keller. League of Cities. Now why does that ring a bell?

Oh yeah, now I remember.  And here. These two spendthrifts attended the October 2008 League of Cities conference in Long Beach, a mere 25 miles from their front doors and racked up $400 per night waterfront hotel bills. Keller’s total was an embarrassing $1200+. Not even her die-hard posse could defend that profligacy.

Party hats extra?

The League of Cities is wonderful metaphor for government that can’t be bothered to control its spending and is accountable to no one. The real purpose of this operation is to give bureaucrats and ambitious local politicians a chance to hobnob, network, self-promote, and eat, drink and be merry on our dime. In some circles it is being claimed that Keller is using the League to wangle a seat on the OCTA, where her mission will be to promote Curt Pringle’s HSR agenda.

As long as free spenders like Bankhead and Keller promote this expensive joke we know we are not being properly represented.

And thanks to Nelson and Quirk-Silva for being accountable to the people of Fullerton.