Tag Archives: Gretchen Beatty

Former Deputy DA & CHP Opinion Slaps Fullerton

Joshua by Spencer

Trying to look passed all of the bullshit the city has thrown at me

A quick catch up for those of you who might not know. The City of Fullerton is suing this blog, myself and David Curlee. We’re being sued for allegedly clicking on links on the internet and for this blog then allegedly publishing things from those links.

Things such as police misconduct, employee theft, city malfeasance and police cover-ups and so on and so forth.

The city’s argument is, essentially, that we didn’t have permission to click links.

In discussing this issue lately I was reminded about a case from here in California from back when Arnold Schwarzenegger was Governor. What happened was somebody accidentally put an audio file online on the governor’s website that wasn’t supposed to be there and somebody from the Phil Angelides for Governor campaign found it and sent it to the press.

It was known at the time as “TapeGate“.

Immediately the California Highway Patrol (the CHP had authority) sprung into action to see if anybody had violated the CA Penal Code – the same section (502) that we’re accused of having violated.

A 38-page report was submitted and that was the end of the story.

Until now. To see if there were any parallels I put in a California Public Records Act request and got the 38-page report from 2007 and it’s findings are quite illuminating in context. Continue reading

Cicinelli Got $1K to Hide Out in Arizona

Back in 2012, after Fullerton Officers beat Kelly Thomas to death. In the aftermath, that is still ongoing today as former Officers Cicinelli and Wolfe continue to fight their terminations, the Cicinelli family asked for close to $1k in order to hide out in his parent’s house in Arizona.

 

Cincinelli Living Expenses

 

“We have recently been asked by one of our police officers involved in
the Kelly Thomas incident if the possibility still exists for
reimbursement of extra living expenses incurred in August following the
publication of their home addresses on a local blog.  I believe I had
conversations with Alan about this expense being reimbursable under this
policy.  As I recalled, our discussion was that certain expenses would
be allowable if they met the “reasonableness” test and clearly were
additional living expenses.
At the time, none of the officers asked for reimbursement.  We now have
one indicating that he did incur additional expenses in the weeks
following the publication of his home address when he relocated his
family.  He originally was inclined to not seek reimbursement, but now
wishes to do so.
Please advise whether you are in a position to consider such a claim
and, if so, what you will need to review to evaluate whether any
expenses are reimburseable.”
This request was received by Human Resources Director Gretchen Beatty, who we figured should have laughed it off, and then paid out to Cicinelli.
Cincinelli Living Expenses Approved
“We will reimburse the expense.  Can you just confirm that the amount being sought is 969.31 and the check should be made payable to Jay Cincinelli and mailed to [redacted].”
The excuse was that somebody doxed Cicinelli but the truth is that somebody ran a public Google search and posted comments around the internet of information readily found on said internet. Hardly an excuse to shell out more money to a guy who just smashed somebody’s face in.
Or as one City Staffer put it:
Jason Rosanne
“Maybe he should have thought about all this before he beat a man to death…..”
Cox Complaint Sustained

Follow the Bouncing Bureaucracy

One of the biggest problems with government is that it’s slow to react and generally stupid in those reactions. This is largely because governments are run by incompetent bureaucrats who refuse to learn lessons from their own mistakes.

Let’s look at some complaints lodged against city appointed commissioners and how the city reacted to those complaints to see how the rules in government changed depending on the person involved.

First up is a complaint against our own Joshua Ferguson by city manager assistant Nicole Bernard. She apparently got mad at the posting of an anonymous complaint  against her.

She asked the city to compel Joshua to remove the post and the lawyer the city used to look into it came back with a big fat no can do: Continue reading

Chief_Hendricks_Headshot_Photo-1[1]

Fight a Paramedic, Win a $100K

Chief_Hendricks_Headshot_Photo-1[1]

Remember when Chief Hendricks left Fullerton after his run-in with some paramedics at a Lady Antebellum concert?

It looks like we hired a PR firm to polish the turd of a Press Release and even the consultant admitted that Domer slobbering all over Hendricks looked bad since we were paying Hendricks to leave (emphasis added):

Hendricks Draft Notes

“We’ve had a chance to look at the draft releases and to read your summary of where things stand. We are concerned that if there is an quotation in the release from you – and the settlement with the Chief is made public later – this could come back to hurt you and diminish your credibility, since people will wonder why you spoke so effusively about a person who was effectively paid to leave.”

But how much did we pay him? Over $100K, that’s how much.

Hendricks Dollars Value

Most people who get charged with battery get a perp walk and not a golden handshake. It must be nice to live on that side of the government. This, for obvious reasons, was left out of the press release.

Fullerton’s City Prosecutor Threatened Me

Idiot Palmer is on the right

Thanks to our friend and contributor Lonnie Machin’s recent posts on this blog, the City of Fullerton has decided to send a Cease and Desist letter threatening me and “Friends for Fullerton [sic]” with legal action.

Cease and Desist - June 2019

The letter in it’s entirety is as follows:

Joshua Ferguson
Friends for Fullerton
Re: Cease and Desist – City of Fullerton Police Department

Dear Mr. Ferguson,

It has come to the attention of the City of Fullerton that you have recently published on your website documents which have clearly and undoubtedly been sourced from the confidential personnel files of several current and/or former Fullerton Police Officers. The State of California has statutorily recognized this right of confidentiality. (See Penal Code §§ 832.5, 832.7 and 832.8.) Any disclosure of such confidential records is strictly limited and must be authorized by a court order from a Superior Court judge. (See Evidence Code §§ 1043-1047; Pitchess v. Superior Court(1974) 11 Cal.3d 531 and its progeny.) Indeed, the Fullerton Police Department has an affirmative duty to resist attempts at unauthorized disclosure and the officers who are the subject of such records expect their right of privacy will be respected. (See Craig v. Municipal Court for the Inglewood Judicial District et al. (1979) 100 Cal.App.3d 69.) Finally, the improper disclosure of such records is prosecutable as a misdemeanor violation of law under Government Code section 1222 (See Attorney General Opinion, 82 Op. Att’y Gen. 246 (1999).) Any person facilitating the illegal disclosure of such documents in violation of the law may be prosecuted as either a principal in that crime or as an aider and abettor.

For all these reasons the City of Fullerton demands you immediately:

1. Remove these Confidential Documents from Your Blog within one hour of your receipt of this e-mailed cease and desist letter;

2. Refrain from posting any other Confidential Documents illegally obtained to Your Blog in the future:

3. That you immediately send to our office within 24 hours all Confidential Documents you and your employees have in your possession. You are also instructed not to make any copies of the Confidential Documents in any form (including but not limited to electronic, imaged, hard copies, etc.)

3. That you immediately delete all electronic copies of the Confidential Documents in your and your employees’ possession.

Your failure to follow these instructions can result in legal action being taken against Friends for Fullerton’s Future wherein the City will seek all necessary legal remedies.

We require your immediate compliance with this cease and desist letter. Notify the undersigned of your compliance with the above within 24 hours of your receipt of this correspondence.

Thank you for your prompt attention to this matter.

Gregory P. Palmer
City Prosecutor
City of Fullerton

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Felz After a Fortnight

The last official word we heard on the status of our City Manager post the Sappy McTree incident was that, besides apologizing, Joe Felz was on leave for 2 weeks.

The Official Story, if you recall, started on 15 November 2016 when the City Attorney, “The Other Dick Jones“, told us that City Manager Joe Felz would be on leave for 2-weeks which prompted Jones to ask Mayor Fitzgerald to immediately put forth an emergency motion to appoint Gretchen Beatty as “Acting City Manager” and once that was done she’d stay in the Acting City Manager position until the Council voted to remove Ms. Beatty from said position. None of this was 1) an emergency or 2) needed as legally we don’t need a City Manager but I don’t expect the City Attorney to bother with such details as State Law.

The pertinent issue is that nobody on Council bothered to ask timely questions on this matter and so the fact that there wouldn’t be a Council meeting 2 weeks later (yesterday) never came up. Now 2-weeks has passed with the next Council Meeting scheduled for 06 December 2016 and it’s at THAT meeting that the Council would have the first opportunity to remove Ms. Beatty from her Acting position in order to put Joe Felz into his chair again.

joe-felz-up-close

Does that mean that Mr. Felz is back now twiddling his thumbs with nothing to do (2-weeks later as stated) or that he’ll stay gone until next week when the Council can remove Ms. Beatty from her Acting position or later due to the ongoing Felz/FPD investigation? Who knows with answers not exactly forthcoming from City Hall. We won’t even know if it’ll be on the Council Agenda until this coming Friday night.

As for the inevitable “What difference does a week make?” question I will posture that it speaks to the nature of our City Government and the way our city is run. It’s slapdash thinking & haphazard decisions over even such basic calendar items that showcases the culture in City Hall where there is almost zero attention paid to details. This sort of intellectual laziness is how we end up with unaccountable bureaucrats spending time in Las Vegas or elsewhere while the city bleeds red ink and puts our kids further into debt with only high-density boondoggles on, and blocking, the horizon in order to offset the bloated spending.

We shouldn’t have to point this sort of stuff out but our so-called leaders can’t be bothered to do the jobs they voluntarily took and that leaves us, the malcontents and rabble-rousers,  to do the job of making sure that somebody is paying attention.

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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