DA Investigator Blows Whistle on Felz DUI Coverup

Add Another Item for the DOJ and State Attorneys to Investigate

The Joe Felz DUI case just took another wide turn and this time not over a tree. New allegations have arisen within the Orange County District Attorney’s Office:

One of the allegations, listed only by [investigator Abraham] Santos, involves an election night car crash by Fullerton’s then City Manager Joe Felz on Nov. 9, 2016. A Fullerton police officer, who responded to the scene, notified the city’s then Police Chief Dan Hughes, who contacted a police sergeant and allegedly told him to drive Felz home instead of arresting him.

Santos’ investigation later concluded that Hughes was calling in a favor allegedly owed by a sergeant. That sergeant, according to Santos’ claim, had once been caught having sex in a police car but was never disciplined.

“Chief Hughes covered up the misconduct by his sergeant and, when he needed him in the Joe Felz DUI/attempted hit-and-run case, (the sergeant) repaid the favor to Chief Hughes,” said the claim.

Santos’ subsequent investigation of the incident concluded that Hughes “criminally obstructed justice.” But the county never filed a charge against Hughes. Santos, in his claim, said Assistant District Attorney Ibrahim Baytieh told him, “I am friends with Chief Hughes and we are only going to be investigating the DUI and nothing else.”

Let us repeat part of that for emphasis.

“Santos’ subsequent investigation of the incident concluded that Hughes “criminally obstructed justice.””

This isn’t your run of the mill water-cooler talk either as it was disclosed in an official complaint with the OCDA’s office. Pertinent Screenshots as follows:

DA Complaint abt Felz Case

DA Complaint abt Felz Case2

This seems to be par for the course for the OCDA being that Supervisor Todd Spitzer has asked the US Department of Justice to take over their operations owing to an ongoing Jail Snitch scandal amogst other trying issues. Things have gotten pretty bad at the OCDA. So much so that the U.S. Dept. of Justice, the California Attorney General & the Orange County Grand Jury are all separately investigating the OCDA for “systemic” cheating in the jail snitch program. While speculative it wouldn’t be surprising for this Felz DUI Cover-up case to be sucked into the investigations.

We in Fullerton were told time and again that Hughes reformed the department. We were told that he was the man we needed for the job. If these allegations are true it means that not only did he cover-up previous misconduct regarding officer Corbett but he then used that previous cover-up to bury another more egregious case. One cannot have a reformed department if the man in charge is not only participating in coverups but using them as leverage for later ones.

If the rot at FPD started with the head down did it permeate other parts of our city as well? If an Assistant District Attorney refused to look into Hughes owing to a personal friendship did others likewise turn a blind eye to corruption and criminal wrongdoings? Considering how often our own Jennifer Fitzgerald proclaimed her friendship to both Hughes and Felz one must wonder how much misconduct she was aware of and if she was aware did she help cover anything up while she’s been on council?

This further begs the question of how Disney feels about having a potential felon in Fantasyland?

Disney Danny.

Elevators to Nowhere – The Expensive Death March

Here is the latest installment in a series by our Friend, Fullerton Engineer, describing the sad story of the ruinously expensive elevator additions at the Fullerton train station.

It may have been expensive, but it sure was unnecessary…

In my previous installments I described a project that nobody outside City Hall wanted or needed, a project that would never have been contemplated without State transportation grant monies, and that had been “designed” under a 2012 contract that had ballooned to a jaw-dropping $460,000 – including a mysterious increase of 28%. The engineer – Hatch Mott McDonald completed their efforts in 2014, per their purchase order billing record. And there the project sat for a year.

Hatch Mott MacDonald PO P001258

Why? The answer is not immediately forthcoming and naturally the public wasn’t informed; but the cause of the delay can be reasonably inferred from the staff report accompanying the request to award the construction contract to Woodcliff Corporation in April, 2015. For the first time we read that the OCTA is going to authorize a shift of a million dollars from transportation parking funding – money, presumably, needed to actually build the project. And we may surmise that without the funding, money spent on the engineering/design work, money authorized over three years earlier, would have been wasted.

Please observe the complete lack of transparency in the staff report, and the omission of any history that would indicate that staff and the city council in 2011-12 had committed the City to this project without adequate funding.

And note that the staff report lazily repeats the casual assertion of increasing train ridership as the justification for the project, but offers no data to substantiate the need.

The report does indicate worrisome information. The low bid, by Woodcliff is an alarming 22% over the estimate. But remarkably, this fact does not faze city staff at all, who nevertheless recommend award; nor does it alarm our city council who approved this fiasco unanimously. Staff even admits that there are potential cost savings that could be realized if the project were rebid. But nobody cared.

What the public is also not told is that toward the end of the design completion in 2014, a firm called Griffin Structures was given $6000 to provide “constructibility” services, a function that questions the competency of both the designer and the contractor whose job it is to design and build these elevators.

Griffin Structures – Constructability Review PO P001678

Remember the name Griffin Structures. You haven’t seen the last of it.

 

 

FPD Insults the Taxpayers Yet Again

On Tuesday the City Council held a special Budget Workshop to go over options to keep us from going to insolvency thanks to CalPERS. All departments were asked to come up with cuts to their budgets in spite of the fact that public safety is the biggest driver of our debt.

Miraculously when forced government bureaucrats were able to find it in themselves to not throw tax money away. That it takes a fiscal crisis for the government to care about spending other people’s money is infuriating but not shocking. Ultimately most departments either offered to not fill positions or cut back on $50 boxes of paperclips or whatever frivolity they found.

FFD brought up the idea to negotiate a contract with CARE Ambulance to net the City a cool $1Million in new revenue. They qualified/blackmailed it by saying that they’d have to lay off 3 Heroes if that Ambulance idea was shot down. However, knowing that the council won’t let go of any hero staff at least FFD came to table with something. What did FPD put on the table?

They put up four police officer positions. This was so laughable that staff, during the presentation, reiterated that this wasn’t going to happen and was put there because FPD had to put something.

So FPD effectively offered to cut nothing. NADA.

Fitzgerald straight up said during the meeting that she wouldn’t vote to reduce Hero staffing. At a previous meeting she tried to save the paltry $48,000 for the horrible Behind the Badge PR nonsense and I doubt she’d even let us cut that $25K in legal fees given the choice.

The department, knowing that there aren’t three votes on council to reduce FPD staff, gave the Fullerton taxpayers the middle finger by not even trying to reduce their budgets. I don’t know, maybe don’t blow through so much ammo down at the range for starters ($58K/Year). Maybe end a few subscriptions or cut back on the pay-cations we send heroes on all the time. How about you stop beating people or wrongfully arresting folks and save us some settlement money at the very least? Something? Anything?

We’re good guys. Or else…

Nope, just a big old F-U.

An F-U to the taxpayers from the very people bankrupting us so they can retire 20 years before any of us with their ridiculous 6-figure pensions. The only thing worse than the Interim Chief giving us all the bird is Fitzgerald sitting up on the dais, her fake (R) self to blame for our ever increasing debt, going along with this hogwash.

They don’t want to cut personnel? Fine. Cut something. Come back to us when you want to act like adults and not petulant children unwilling to give up even one toy.

Fitzgerald’s 5 Year Deception

https://youtu.be/69Wp9PSn_S8

At last night’s Fullerton City Council meeting (21 March 2017) I spoke on Agenda Item 3 regarding budget strategies. Amongst other comments I asked for clarification on what was meant by “Structural Deficit” considering that both Fitzgerald and former Councilwoman Jan Flory constantly claimed we have/had a balanced budget. I asked what changed overnight to take us from a balanced budget on 08 November 2016 into a “Structural deficit” today.

Structural Deficit Evidence

What I got regarding an answer was Councilwoman Fitzgerald dodging the question and blaming Sacramento and the CalPERS rate change. And I quote:

“And I will go ahead and answer the question that was brought up over balanced budgets and what happened overnight and I will tell you, I mean, for former Council member Flory and I, when we talked about balanced budgets. Our 5 year projections, every year showed a balanced budget and what happened overnight is CalPERS decreased the amount of returns that they assumed that we were going to receive. So, that is what happened to those 5 year projections to change them.”

There’s a lot to unpack so strap in kiddos.

(more…)

An Insult to a Fallen Brother

Photo from Behind the Badge

While on his way to work back in 1975 one of F.P.D.’s own, officer Jerry Hatch, was killed by a drunk driver. Skip ahead a few decades and we have signs on the 91FRWY to honor him. Last July F.P.D. held a special event to honor Officer Hatch with his family and former colleagues.

This is because F.P.D. cares about their brethren. They likewise care about Drunk Driving based on the praise their officers receive when they get awards from M.A.D.D..

Which beggars the question of why was F.P.D. so willing to spit on Officer Hatch’s memory by allowing favors, politics or whatever it was to get in the way of doing their jobs on the morning of 09 November 2016? Why would they send the message that drunk driving is A-O.K. so long as the driver is connected enough?

For all of their continuous grandstanding they were perfectly fine with letting an “alleged” drunk driver walk in the hopes that he didn’t mow down another of their brethren.

On the fateful morning of 09 November 2016, good friend of former Mayor Fitzgerald and all around guy, Joe Felz left our quaint city to spend time with his family. Owing to why Mr. Felz actually separated himself from his position (the 10th highest paid City Manager in California) it’s a bit of a surprise to learn that his family doesn’t reside in the Fullerton Jail.

Amazingly we have a District Attorney who magically found evidence for charges four months after an incident that Fullerton P.D. couldn’t find on the scene. F.P.D. even managed to phone their friend, Chief Danny Hughes, for help and couldn’t find even a citable offense under Sappy McTree or Felz’s missing mud-flap.

Fullerton gives out hundreds of D.U.I. tickets each year. What with 62 liquor licenses in the Downtown Fullerton area alone that’s not as impressive a feat as we’d imagine but F.P.D. is proud of their D.U.I. tickets.

If one looks at the headlines from the Public Relations firm Behind the Badge, which the City of Fullerton pays $50,000+/year, you would think we take drunk driving very, very seriously.

The point is clear that our city and our Fullerton Police Department claim to care deeply about Drunk Driving.

Behind the Badge likewise takes D.U.I.s seriously but are nothing more than a mouthpiece for F.P.D as evidence by the results when one searches “Felz” on their site:

Nothing to see here folks. Move along.

B.t.B. wrote several pieces about Officer Hatch but have remained completely silent on the entire Felz affair. It’s not news, just good news.

Just for the sake or irony let us look at one more link from our paid P.R. flacks over at Behind the Badge:

Vargas: Political correctness puts public at risk when PD cancels DUI checkpoint – 06 May 2016

It’s a good thing we never let politics get in the way of the job.

 

The Desperation Has Arrived

In case you weren’t already convinced, Tuesday’s study session agenda provides ample evidence that Jennifer Fitzgerald lied when she said Fullerton has a balanced budget.  She also boasted during her campaign that Fullerton, unlike other cities, didn’t have special sales taxes because we manage our finances (better).  Short of widespread cuts citywide, that scenario — city sales taxes — looks to be nearly inevitable in the near future:

While not part of the public budget workshop, the City Council will confer in Closed Session beforehand about the (likely) sale of 15 City-owned parcels across town:

The City never provides more than a parcel number, so I’ve taken the liberty of capturing a screen shot of each parcel from the county’s GIS viewer and added a brief description.

After all, these are public assets.  We deserve to know which parcels of public land City Hall is seeking to dispose of.

 

Hunt Branch Library — parcels 030-290-16 and 030-290-21

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It Was the Fullerton Hunger Games

And the Odds Were Not in District Three’s Favor

Do not be fooled; Fullerton had it’s first Quarter Quell on Tuesday and Councilman Greg Sebourn was put up as Tribute and didn’t make it out of the games alive. Somewhere a canon is being fired in his honor.

The vote was all about self-interest and gerrymandering and anybody who says otherwise is either lying to you or is too dishonest with themselves to know the truth. I’ll explain quickly.

The city never really gamed this out or explored any options legal or otherwise. I had asked, several times, if the city could require sitting At-Large Council members to resign their At-Large seat to run in for a District Seat and the response I got was “We don’t know if that’s legal”. Gee, if only we had a lawyer in the room during Council to answer these things or research them.

I also inquired if it could be made random in order to take the horse-trading and politics out of the equation and again crickets. All of this means that the city never gamed these basic scenarios out.

To make matters worse we had no study-session or talks about how this would play out post-election. The election happened, with a gerrymandered council approved map, and voila they voted on who got to stay and who got to go.

The real meat about this crap is that it was all race based if you read the complaints and lawsuits that got us here. There hadn’t been an Asian on council since X-Date or a Hispanic since X-Date and thus we got sued and the council settled. So the Council voted to put up District 5 under the guise of giving the Hispanic vote a voice. District 3 means that the likely scenario is that the Hispanic vote will have 2 voices on Council while the Asian vote will have none until 2020 when somebody can run for Fitzgerald’s seat only to have the District Map change in 2022 after the 2020 census. It played out this way because apparently;

  1. Jesus Silva is not Hispanic?
  2. Silva living 2 blocks from District 5 is too far for him to understand that district’s “unique voice”?
  3. The Asian vote doesn’t matter as much as protecting Fitzgerald?
  4. Oh and Sebourn gets the bum’s rush owing to reasons Whitaker has yet to articulate publicly.

I’ll admit that I don’t like the way Sebourn votes on a lot of issues. Further I think Fitzgerald is the worst kind of tax-and-spend bankruptcy-inducing fiscally irresponsible politician the GOP can muster and that’s saying a lot. However — at least with the GOP you get the theory of a sliver of a chance of maybe some fiscal sanity. With the next few years of belt-tightening, thanks to the greed of public safety and the insanity of CalPERS, we’re going to require more budget allies and not fewer. Throwing 1/2 of our current 3-2 fiscally responsible minority out with the bath-water in the hopes that 2018 will maybe, possibly, hopefully and somehow see some balance seems foolhardy to me.

I still contend that the map should have been chosen randomly but I prefer governmental honesty to political expedience and crony gamesmanship.

Now going forward should a Republican decide to run in 2020 against Silva I can only offer one bit of advice:

Fitzgerald’s Fiduciary Fictions

The Case of the Disappearing/Reappearing Balanced Budget

Many of you may recall that during my campaign for Fullerton City Council I wrote an Open Letter to Jennifer Fitzgerald. I’d like to revisit the issue of Mrs. Fitzgerald’s oft-repeated myth of a balanced budget.

On her website as well as on campaign literature she made the point that our budget is balanced. I offer as evidence a screen-grab from her campaign website from 22 October 2016;

I won’t re-litigate the whole letter here but suffice it to say I wasn’t happy about her Public Relations spin on our overspending by at least 43 Million Dollars during her tenure.

I’m bringing this all up due to agenda item #2 from last night’s Council Meeting. The council voted 5-0 to receive and file the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending 30 June 2016. Inside the CAFR was one little nugget really stood out to me when reading the report.

Let’s see if you can spot it; (more…)

Fullerton’s cozy relationship with Discovery Cube

The Discovery Cube is a pretty neat venue for kids of all ages.  Anyone who has driven the 5 freeway through Santa Ana can’t miss the place.

Discovery’s VP of Sales Lobbying Sean Fitzgerald is married to Fullerton Lobbyist-Councilwoman Jennifer Fitzgerald. City money began flowing to Discovery Cube within a year of Sean taking the job.

Following a promotion in 2014, this press release described Sean Fitzgerald’s new position:

“As Vice President, Sales and Strategic Development, Fitzgerald works directly with the Center’s leadership on a variety of growth-related initiatives. This includes developing new strategic partnerships with municipalities, corporations and other non-profits and serving as a key member of the team working to open DSC’s new Los Angeles facility later this year. In addition, Fitzgerald oversees a sales team working to fulfill the Center’s sales goals in field trips, outreach programming and partner education programs.”

CalRecycle awards Beverage Container Recycling Grant money to municipalities every year for various recycling programs.  Public education is one of several options with which to spend the money.

Since 2012, the City has been paying for thousands of FSD sixth graders to learn about recycling at Discovery Cube to the tune of $27 per kid. (more…)

Fitzgerald Supports Seeking OC Sheriff Department Preliminary Analysis For Outsourcing Police Services

The pageant was over…

Of course this was candidate Jennifer Fitzgerald, back in 2012 when she was running for the city council.

FFFF reported on that here.

Here’s the letter Fitzy wrote to then mayor, Sharon Quirk-Silva:

Naturally, once safely in office this support for looking into possible, maybe someday, perhaps switching to the Sheriff Department at huge cost savings to the taxpayers of Fullerton evaporated like the morning dew on a summer day. Since gaining office Fitzgerald, along with Jan Flory and Doug “Bud” Chaffee have been resolute in their goal that no reform of the Fullerton Police Department take place and that no acknowledgement of any Culture of Corruption could possibly exist.

Some cynics suggested this letter was only meant to call off pro-recall forces; other cynics suggested this was the price Fitzgerald had to pay for Supervisor Shawn Nelson’s endorsement. Probably it was both. Either way the commitment was thinner than the paper it was printed on. And Fitzgerald never mentioned it again.