City of Fullerton Is Suing Me And This Blog

You may have already seen the story and/or press release from the City of Fullerton articulating their lawsuit against myself, Friends for Fullerton’s Future and others.

You can read the Voice of OC’s write up on this lawsuit from the city [HERE]:

“Fullerton city attorneys are heading into Orange County Superior Court Friday to ask a judge for a temporary restraining order against resident Joshua Ferguson and a local blog to keep them from deleting city records they obtained and also asking a judge to appoint someone to comb through electronic devices for the records.”

That lawsuit from the city is retaliation for a Public Records Lawsuit I filed against the city last week which was written up by the Voice of OC [HERE]:

“Fullerton residents may soon find out exactly how former City Manager Joe Felz was given a ride home by Fullerton police officers after hitting a tree and trying to flee the scene following drinking on election night in 2016, after resident Joshua Ferguson filed a lawsuit against the city to produce police body camera footage from that night.”

I will have more details in the near future but our current response is HERE]:

“The basic purpose of the First Amendment is to prevent the government from imposing prior restraints against the press. “Regardless of how beneficent-sounding the purposes of controlling the press might be,” the Court has “remain[ed] intensely skeptical about those measures that would allow government to insinuate itself into the editorial rooms of this Nation’s press.” (Nebraska Press, 427 U.S. at 560-561.)

“Consistent with that principle, over the last 75 years, the United States Supreme Court repeatedly has struck down prior restraints that limited the press’ right to report about court proceedings. The Court has made clear that a prior restraint may be contemplated only in the rarest circumstances, such as where necessary to prevent the dissemination of information about troop movements during wartime, Near, 283 U.S. at 716, or to “suppress[] information that would set in motion a nuclear
holocaust.” (New York Times, 403 U.S. at 726 (Brennan, J., concurring).)

“This case does not come close to presenting such extraordinary circumstances. Thus, the City cannot prevail as a matter of law, regardless of how the records were originally obtained. The City’s requests are flatly unconstitutional in and Defendants, therefore, respectfully request this Court denying the City’s request in its entirely.”

More to come as these two cases play out in court.

New Lawsuit Against Fullerton Alleges Police Misconduct & Cover-Ups

 

A lot has happened in Fullerton over the last several years and while my involvement has waned ever since the City threatened me civilly and criminally because I happen to be associated with this blog, and this blog published embarrassing things City Hall would rather hide from the people, I have remained committed to finding the truth and speaking up against the vapid and self-serving corruption of our council majority & the city hall they oversee.

In my capacity as a chronic malcontent these last few years I have made numerous records requests looking for information and many of those requests have been ignored, delayed or denied owing to dubious legal claims or just outright misrepresentations of the law. As such I have opted to sue the city of Fullerton for violations of the California Public Records Act.

The now filed Petition for Writ of Mandate alleges that the City of Fullerton has violated the CPRA in regards to my records requests related to no less than 5 separate issues.

Back when I first started filing requests, specifically for the body worn camera and dash cam videos of the Joe Felz DUI incident, the city was able to hide behind a lack of enforceable disclosure laws as SB1421 was not yet the law of the land. Cities did/do this because they know it takes a lot of time, effort and commitment to make them comply with disclosure laws.

Here in Fullerton the arrogance got so bad that they didn’t even try to hide their disdain for the public and transparency. At one point after claiming the Felz video was exempt from disclosure owing to the non-existent sham investigation, City Attorney Gregory Palmer asserted to me; “If you are dissatisfied with the response you have remedies”.

“You have remedies”

Skip ahead a few years and it turns out I DO have remedies and I have opted to act upon them. Hence this lawsuit.

For those interested, the lawsuit reads as follows (after the jump, emphasis in original, exhibits in the Writ link above):

(more…)

Fullerton Wants State to Help Fight Marijuana

Here in Fullerton, where our downtown is essentially wall-to-wall bars with hundreds of DUIs a year as a result, we don’t take alcoholism or drinking and driving very seriously.

Sure we hand out awards to the officers with the most DUI arrests but when it comes to the over-serving or other bad behaviors by bars we don’t just turn a blind eye, as a city we change the laws on the books to make it easier for those bad bars to operate. Hell, Jennifer Fitzgerald is so blind on the issue that she’s on record blaming “pre-gaming” in the parking structures for the problems.

You can get drunk and kill a 6yo in her front yard and Fullerton’s Staff and Council will yawn at the DUI culture they’ve created. That’s not fair – they won’t just yawn. They’ll actively spend the next year making the DUI factory in downtown worse.

But weed? Now that’s a problem that Fullerton is willing to tackle.

Fullerton City Manager Domer and Chief of Police Dunn want help from the State of California to crack down on “black market marijuana retailers” despite the city council steadfastly refusing to allow legal dispensaries to exist in the city.

State Help Weed

My City Manager forwarded me an article from the OCR..

https://www.ocregister.com/2018/08/28/state-begins-crackdown-on-black-market-marijuana-retailers-starting-in-costa-mesa/

He’s curious how you were able to get the state to assist you.  Any insight you can share would be greatly appreciated.

In 2016 the voters of CA approved Prop 64 for legal marijuana with 57% of the vote, even 52% of OC voters voted yes on Prop 64. Even Fullerton was pro-weed with a 51% Yes vote.

Fullerton Prop 64

Fullerton Weed 2016

Despite the vote, the Fullerton City Council has refused to allow a single dispensary anywhere in Fullerton. They won’t zone any industrial or commercial areas for legal weed leaving sellers in non-compliance.

You can run an illegal venue at the airport, refuse to put in mandated fire sprinklers in the largest nightclub in downtown, run a bar without the legal permits and so much more and the city is more than happy to let you get away with it. But weed? Oh man, that’s a sin too far and a sin that might cut into the profit margins of the bustling bar and fight scene.

This is substantially no different than Measure W, where 60% of voters voted against the development of Coyote Hills and the council is going to do it anyways. Welcome to Fullerton where your vote counts as long as we like the way you vote.

Ken Domer’s Arrogance Peaks Through his Emails

City Manager Ken Domer really is just another petty bureaucrat who doesn’t want people to know the truth. When our own Joshua Ferguson put in a record’s request asking for emails about this very blog and his own self, the city worked to limit the scope but not before throwing some shade his way.

Either Ken Domer is ignorant regarding how boolean searches work or he’s just being petty and mocking Joshua’s attempt at thoroughness.

Joshua Boolean

“Ivy, I know Josh, or Joshua, or Josh Ferguson, of Joshua Ferguson, stated no timeframe –”

I guess if you assume your messages will never be made public you’re free to be arrogant and condescending about those members of the public you don’t favor.

Hanger 21 is Still Illegally Operating at the Airport

Back in 2017 the city of Fullerton kicked Air Combat USA out of the airport and after a legally questionable bid process the city leased the hanger to a company called Hanger 21. We covered this briefly HERE and HERE.

Here’s some of the backstory from the City Manager himself:

Domer Hanger 21 PL

“The problem is that regardless of the lease term, it is the use that is non-conforming.  However, what is the remedy for a non-conforming use?  Cessation of the use, which could happen if the PL amendment is not approved or the lease is not.”

Realizing that the city had approved a bid for a business that wasn’t legally allowed to operate, the city swung into action to fix the problem. The remedy was for Fullerton’s City Council to chang the municipal code in an effort to make Hanger 21’s then-illegal use conform to local law.

And because this is Fullerton – they failed spectacularly.

On December 05, 2017 the city council approved Hanger 21’s lease AND then on March 20, 2018 they changed the zoning at the airport.

PL Zone Change 2018

“H. Other similar public facilities, commercial amenities, and special events on City-owned property when in conformance with the purpose of this zone and approved by the City Council.”

Read that and then think about the timeline because the city didn’t and hasn’t. I’ll point out the obvious problem:

“and approved by the City Council”.

The City Council cannot legally be said to have approved Hangar 21’s usage since they haven’t visited the issue since the municipal zoning change. This is a cart before the horse problem with the council just assuming that they’ve de facto approved Hangar 21’s lease and use through the zone change but that’s an ex post facto problem and is quite an illegal interpretation.

Score another blunder for Jones and Mayer.

Here we sit a year and four months later and the council has YET to fix this problem.

This is another case of city staff, consultants, attorneys and the city council being incompetent and hoping nobody catches on which of course has led to the city being sued.

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: (more…)

Fullerton Lies to Fight Transparency – Airport Edition

I’m not sure why Fullerton is so dedicated to being lying liars telling lies to just to tell them but that’s how they do.

Recently somebody put in a Public Records Request to find out if the City of Fullerton was in violation of Federal Aviation Administration (FAA) Grant Rules and risking a financial headache.

This all stems from Hanger 21 and their non-aeronautical use holding parties instead of making sure the space in question is used for actual aeronautical use as required by the FAA.

Public Records Request number 19-272 asked, and I quote;

“Please provide me with a list of non-aeronautical and aeronautical hangars at the Fullerton Airport.”

The response from the city was;

No Records Available

“The City does not maintain a list, and the Public Records Act does not require the City to create records in response to a request.”

Oh really.

Weird. This email from Airport Manager Brendan O’Reilly seems to say otherwise.

Non-Aero Uses at Airport

“Here’s what I wrote up for the eviction of the twelve non-aero tenants, along with the letter I sent out last February as a warning.”

So there’s a list of non-aeronautical tenants when the city needs it but not one when the city is required to disclose it? It sure seems that Brendan O’Reilly is making things up at his convenience to suit his immediate needs.

Oh Lying Liars and the Lies they tell.

This isn’t the first time that O’Reilly has been caught lying. He previously lied to the city about the airport having a waiver for non-aeronautical uses which the city doesn’t have. He got away with it because our council and staff are lazy, incompetent or both.

In the end, these lying liars who lie are going to cost you, the taxpayers, millions.

It’ll cost you when AirCombat wins their lawsuit because the city is illegally renting an aeronautical facility to a non-aeronautical user at below market rates AND the city purposely disqualified two applicants (including AirCombat) from the lease because Hanger 21 could pay more. BUT we rented to H21 at below market rate (if it wasn’t on an airport) because they could pay more than the tenants who would actually use the space for aeronautical uses which the city is legally required to prioritize.

Then it’ll cost you once more when Hangar 21 sues the city for estoppel for damages they incurred after the Feds force H21’s eviction from the property due to an illegal lease.

Oh. And don’t forget that the airport wasn’t even zoned to allow for Hanger21’s business when they were approved. Again, per Airport Manager O’Reilly:

Hanger21 PL Zoning

“After our EDAT meeting on October 5, it seems that we won’t be able to get CC approval for the item because of the PL Zoning issue.”

This is the bullshit Fullerton’s Council tolerates. This is the bullshit they will continue to tolerate because they don’t know any better. This is the bullshit we get to pay for because our City Council is too spineless to ask a single pointed question, let alone demand compliance with our own laws.

It isn’t going to get better until voters hold these nitwits accountable and make them responsible for their actions. Good luck getting that to happen.

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.

Did City Employees Steal Over $50K of Equipment?

CNG Fullerton

Another day, another story of alleged theft/fraud of city property here in the city of Fullerton finally coming to light.

In late January 2017, Julia James contacted me about some questionable purchases charged to Facility Superintendent Bob St. Paul’s City-issued procurement card.  I asked Tim Campbell to review the purchases for calendar year 2016.  His review revealed several purchases charged to the CNG Fund that did not appear to be CNG-related.  Based on the preliminary findings, I asked Tim to examine Bob’s P-card purchases for 2014 and 2015 as well. Over the three years, Bob used his P-card to charge the CNG fund slightly less than $12,000 for several dozen purchases. Many of these purchases had no clear relation to CNG operations; for example, there were multiple purchases for clothing, flashlights, tools, and canopies, some of which appeared to be for personal use.  Most of the purchases were initiated by Public Works Analyst Trung Phan, the CNG operation’s manager.”

This time around it looks like the protocols and oversight in the city were so lax that over the course of years employees were able to use their city issued purchasing cards to buy over $50,000 worth of stuff that was of no use to the city.

“It took the audit team about a week to complete the additional review and inventory.  When the team finished, the value of questionable purchases increased to at least $50,000.”

Former employees Bob St. Paul and Trung Phan allegedly worked together to charge items to the CNG (Compressed Natural Gas) station on Basque and Commonwealth and when the city tipped them off that they were under investigation – it appears they returned as much as possible in the dead of night and so no real investigation was done and no prosecution was possible.

‘While playing the archived video, we found several instances of Trung arriving at night, briefly stopping at the CNG station, and then unloading items from the back of his personal truck and taking items into the storage area.Bob was also observed returning an item very early in the morning.The incidents took place after Dennis and I counseled Bob and Trung regarding the P-card purchases, but before they were placed on leave.”

That video evidence was actually found out purely by accident which would be comical if it wasn’t so sad.

On top of purchasing things of no use to the city and absconding with them, only to return them in the dead of night, Trung also allegedly manipulated his payroll to get unjustified overtime.

“The research revealed that Trung charged overtime several times a month, claiming he had to come in after hours to reset the station’s equipment. This contradicted with indications by Fastech’s maintenance technician, that the equipment rarely failed.”

That nobody in the city up the food chain knew the efficiency or status of the CNG station and what the vendor even did, as evidenced by an employee able to fake overtime for unneeded work, is another damning indictment on city hall.

The culmination of all of this was yet more settlement agreements coming out of corruption or malfeasance on the part of government employees and not a word to the people of Fullerton. It’s just $50,000+ of your money that was wasted so why tell you anything?

What all was purchased? How much money was wasted? How long did all of this go on and was anybody else involved? The world will never find out. Why? Because:

CNG Investigation Halted

“We halted the internal investigation when the employees made the decision to resign.  As such, I am not anticipating a final report.”

That’s right. The city decided they didn’t want to know the full extent of the issue once they were able to settle with the employees in question and successfully sweep this issue, like so many others, under the rug.

We here at Friends for Fullerton’s Future had inquired about this issue when we were first alerted to it and the response at the time from the city was as follows:

“Regarding #2 of your request, the records you have listed are exempt from disclosure pursuant to Government Code section 6254(b), (c), (f) and (k); Government Code section 54963, Evidence Code Section 950 et seq., Code of Civil Procedure section 2018.010, and Government Code section 6255 (personnel, law enforcement investigative files, Brown Act, litigation, attorney-client privilege and attorney work product).”

So much for an open and transparent government. Once again we were all left in the dark while simultaneously being forced to pay for the useless purchases, admin leave and billable hours required to settle this nonsense.

Speaking of the settlements, the one with Trung, likely the same or similar with that of St. Paul, has the boilerplate Paid Leave (vacation) nonsense and other such niceties. The best part though, as usual, is as follows:

“Employer agrees not to defame, disparage or demean Employee for anything he did or may have done in the course and scope of his relationship with Employer.”

Lord help the next employer these two end up working for in the future which in the case of Phan is the CA Department of Transportation. I guess the city helped him to fail upwards.

Phan LinkedIn

You can read the settlement agreement with Phan Trung [HERE].

The report about the entire incident is as follows:

CNG Report 01CNG Report 02CNG Report 03