Thanks to our friend and contributor Lonnie Machin’s recentposts 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.
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
As hinted yesterday, we received an anonymous piece of correspondence with a copy of the separation agreement between “Lieutenant” Kathryn Hamel and the City of Fullerton.
It is quite an interesting read. We aren’t the only outlet to receive this so we’re curious to see what coverage, if any, this receives in the press.
From what we have gathered Officer Hamel had at least two internal affairs investigations into her actions. It is alleged that one of them was for giving false statements.
These internal investigations were dropped as a condition of this settlement specifically to avoid disclosure under the law known as SB1421.
To quote the agreement (bold emphasis added, caps lock in original):
“The City will revise its Notice of Intent to Discipline Hamel to remove allegations relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness.The Interim Police Chief will place a notice in the file indicating that, pursuant to settlement, all charges against Hamel, including charges relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness were never resolved or proven because there was no Skelly hearing or opportunity for appeal and, accordingly, are not sustained. The IA investigation, and related materials including the revised Notice of Intent to Discipline,will be sealed and maintained in the Human Resources Department, and only in the Human Resources Department, with a notice reading:“THIS IS A SEALED FILE AND SHOULD NOT BE DISCLOSED OR OTHERWISE PRODUCED WITHOUT WRITTEN PERMISSION FROM THE CITY MANAGER, AND ONLY AFTER RECEIVING A WRITTEN OPINION FROM THE CITY ATTORNEY THAT SAID RELEASE OF INFORMATION IS REQUIRED UNDER APPLICABLE LAW.”
“The City asserts, based on a “not sustained” finding of all charges, that any and all records relating to this investigation are not subject to release under Senate Bill 1421.The City further asserts that any challenge to this legal opinion by any entity will be defended by the City – in court if necessary – to the fullest extent.”
Since Jerry Brown made it possible to find out when police lie, sexually assault people and cause great bodily harm through SB1421 the police and local governments in CA have been scrambling to find ways to block it’s implementation or ways to work around it and here we see one of those ways.
We citizens should fully expect that this is going to be the new normal.
Lacking consequences the police will continue closing cases and ending investigations to protect their own. Watch as the councils and mayors of our city and state do nothing for fear of union funded reprisals at the ballot box.
This is what happens when there is no objective civilian oversight and departments are allowed to handle their own investigations into the wrongdoing of their friends, family and co-workers. (more…)
We’ve received, via a Public Records Request, some of Community Development Director Ted White’s text messages with downtown bar owner Joe Florentine. It looks like Mr. White is working for Florentine which explains a lot:
To clear this up, those “issues” that Mr. Florentine is talking about include all of his violations of the municipal code and his Conditional Use Permit – specifically his illegal refusal to install fire sprinklers.
Florentine is in gross violation and Ted White is pushing a big change to the municipal code through council in order to facilitate Florentine’s bad behavior.
While Mr. White likes to talk about how hard his job is, how impossible enforcement is and how outdated it is to look at “lumens” regarding lighting – he doesn’t admit that fire safety isn’t on his list of priorities – nor is actually doing his job.
Florentine’s properties on the corner of Harbor and Commonwealth, the largest bar / nightclub in all of Downtown Fullerton, as far as we can tell, is the ONLY business given a pass on fire and life safety issues.
We also have it on good authority that Mr. White tried to illegally INCREASE the occupancy at Florentine’s properties, in violation of the law, while ignoring the fire sprinkler issue that has been ignored by staff for 10+ years. Why? Why potentially put more people at risk?
And Mr. White isn’t alone in his belief that one man is above the rules and laws in Fullerton.
Every single year the Fullerton Police Chief, currently Robert Dunn, issues Florentine a Live Entertainment Permit threatening to enforce the applicable laws/permits. And every year the Chief does nothing but wield his rubber stamp for downtown law breakers. This is worse than the old joke of the UN saying “Stop! Or we’ll yell ‘Stop!’ again!” because our Chief can’t even be bothered to use the “S” word. (more…)
Those of us in the cheap seats out in Podunk have noticed something odd and can’t quite figure it out and we’re hoping that some of you friends have some answers.
The problem is that Joe Florentine operates a night club in clear violation of the Fullerton Municipal Code and possibly CA Law if not just CA building codes. How so? His nightclubs located at 100-104 N Harbor Blvd, and which have a combined occupancy of over 300 people, are lacking fire sprinklers. Feel free to check for the permits yourself to verify.
Fire sprinklers, mind you, which were a condition of his Conditional Use Permit back in 2008.
The CUP from 2008 on this issue fully states (our emphasis):
“12. The 2008 Building Code requires that restaurants and drinking establishments with a fire occupancy of 100 persons or more are required to install fire sprinklers. As a result, the business owner is required to add fire sprinklers as a matter of approval. Because this is a Building Code requirement, the Planning Commission does not have discretion to waive this requirement. Staff has recommended a condition to assure that the work be performed within a specified timeframe of the use approval, or else the CUP will be brought back to the Planning Commission for revocation.”
Here’s the California Building Code for those who are curious, keep in mind that Florentine’s is said to be about 8,000 sqf:
His business qualifies as requiring fire sprinklers. His conditional use permit requires him to have fire sprinklers. Yet he has no fire sprinklers.
Why are there no fire sprinklers?
Why hasn’t his Conditional Use Permit been revoked as required by law?
For 10+ years Florentine has been operating the largest restaurant / night club against the law and for 10+ years our staff has done nothing about it. Even though Fire and Life Safety are the issues at hand.
OK, that’s not fair to staff. They have done something. They’ve willfully ignored fire codes, building codes and public safety. We’ve got to give credit where credit is due and nothing in this case certainly is something.
Despite that 2008 Conditional Use Permit threatening a mandatory revocation, the city has never once enforced the issue of fire sprinklers let alone considered bringing his CUP back for possible revocation. Not Once. In all that time our useless Planning Commission has been too inept to ask tough questions of staff or for a list of gross violators to even notice this glaring slap against their preening authority.
But wait for it, it gets better.
Each year like clockwork the ever rotating Fullerton Police Chief signs off on Florentine’s Live Entertainment Permit making FPD complicit in this glaring life safety fail. Here’s an example from 2016/17:
Check #7.
“7. The C.U.P (if applicable) shall be strictly enforced.”
The Chief of Police is signing off on Live Entertainment Permits and claiming that conditions of use, such as fire sprinklers, will be enforced while NEVER ONCE ENFORCING THEM in well over a decade.
While Community Development Director Ted White likes to talk about needed changes to the municipal code, specifically Title 15 which passed our clueless Planning Commission, he mentions lights and lumens and outdated technology. It sure is curious that he never bothered to mention Fire Safety and how he, his staff, nor any staff across Fullerton, can be bothered to enforce those issues and laws either. Nevermind flagrant violations of state law, HOLY CRAP LOOK AT THOSE LUMENS! We just can’t measure those time to change the codes!
While he’s baffling our clueless leaders and representatives on the dais with bullshit, he’s letting guys like Florentine violate safety concerns because… why exactly?
No seriously, why? Why are we tolerating staff, our Planning Commission, and our City Council blatantly ignoring the law while they spoon feed us nonsense about lumen measurement?
This is an endemic problem. That Live Entertainment Permit as seen on the Fullerton website actually needs to be signed off on by multiple departments:
How is that nobody in the Building, Code Enforcement or the Fire Department has a problem with such a large venue with such a large civilian capacity each weekend being in clear violation of fire codes?
Joe Florentine actually made the case in front of the Planning Commission recently that the Live Entertainment Permit process was too arduous. Let that sink in. The dude who’s breaking the law and putting people’s lives at risk has the sadz because the process, that is letting him slip by with his lawlessness, wants the process to be easier!
An artist representation of Joe Florentine after speaking to Planning Commission.
Maybe you can figure out why right now, this weekend of St. Paddy’s Day which is one of the heaviest drinking days of the year, the city is going to continue to put hundreds of people at risk in Florentine’s night clubs.
The city knows Joe Florentine operates his bars outside the law. He is legally required to protect the public he allows in his doors, but refuses to do so. We know it, we tolerate it, and we even sign off on it at least once a year.
Why is this important? Why should you care that your city staff ignores the law and signs off on Florentine’s shenanigans?
Because this means YOU, the taxpayers of Fullerton, are on the hook for an accident in Florentine’s bars.
You, through the Police Chief & Fire Department, signed off on his entertainment permits to pack his bars.
You, through your Council, Staff and City Manager, told him he was safe, every year. You told him he’s a good operator despite obvious evidence to the contrary.
So what happens when, God forbid, there’s a fire like the Ghost Ship in Oakland where fire sprinklers were also lacking?
Who pays restitution? Little ol’ Joe with his big house and big pool up on the hill?
NO! You do! You pay! Just like you always pay when staff and council refuse to do their jobs. You signed the dotted line that blessed all his illegal bullshit and then you did nothing about it.
You get what you vote for, Fullerton. This weekend your vote will be used again to tolerate putting hundreds of people at risk. You voted for people to not enforce life safety laws, you voted to not enforce alcohol service laws, and you voted to not enforce zoning laws.
On Tuesday our City Manager, Ken Domer, wants Council to award Acting Chief Dunn with an Interim Chief gig. With this new gig comes a new contract as the new council decides who to put in the role “permanently”. Like all things in government there are already some serious questions in how this is playing out legally. Let’s see if you can spot an obvious problem in the contract.
Ok, I’ll give you a hint (emphasis added):
SECTION 12 – CONFIDENTIALITY AND NON-DISPARAGEMENT
Except as otherwise required by law, in the event the City terminates Employee with or without cause, City and Employee agree that no member of the City Council, the city management staff, nor Employee shall make any written, oral, or electronic statement to any member of the public, the press, or any City employee concerning Employee’s termination except in the form of a joint press release or statement, which is mutually agreeable to City and Employee. The joint press release or statement shall not contain any text or information that is disparaging to either City or Employee. Either City or Employee may verbally repeat the substance of the joint press release or statement in response to any inquiry.
What’s the problem, you ask?
Your right to know how the most senior members of Fullerton’s government behave is being voted away, again, by our City Council on Tuesday. Watch it pass 5-0. Bureaucracy Commandment #3: Protect thyself and thy brethren. I’m actually a little surprised this contract wasn’t buried in the Consent Calendar in the hopes nobody would even notice.
Take a look at Fullerton’s track record. Our previous city manager and 2 of our last 3 Police Chiefs resigned in disgrace — City Manager Felz hit a tree allegedly driving drunk, Chief Sellers went on medical leave in the midst of the Kelly Thomas scandal and most recently Chief Hendricks left after allegedly battering an EMT.
With contracts like this one, you have no right to know about any of it. That of course means you have no right to pressure City Council to do anything about it, either.
See the sickness?
When Hendricks resigned the city lied by omission and gave you nothing but a puff piece about how awesome he was for Fullerton. When I called the City’s Public Information Officer I was told, laughably, that Hendrick’s alleged battery for which he went on admin leave was unrelated to his resignation.
This contract is written so poorly that Dunn could shoot somebody in the face and BY CONTRACT nobody from the council or city could tell the public, media or other city employees why he was fired.
More to come on this outstanding contract at a later date. In the mean time, remember, your right to know stops where an employee’s paycheck begins.
Make taxpayers shell out $400,000 or meddle in an ongoing election.
Pick one.
That’s the quandary in front of our city council tonight in the form of agenda item 4:
4. FULLERTON MUNICIPAL CODE AMENDMENT REGARDING CITY COUNCIL VACANCIES
Consideration of an ordinance to repeal Fullerton Municipal Code Section 2.02.020 and follow procedure for filling City Council vacancies as set forth in Government Code Section 36512.
Without getting too much into the weeds the problem the city is trying to address is specific to the costs and ramifications of Jesus Silva winning the race for the District 3 council seat.
The voters in District 3 have 3 choices on their ballots; Greg Sebourn, Jesus Silva & Nickolas Wildstar. If either Sebourn or Wildstar wins this municipal code change does nothing in the foreseeable future.
If Jesus Silva wins then he vacates his current At-Large seat and we, by law, must hold a special election. That special election could cost us between $391,532 – $428,150 per the OC Registrar of Voters.
Silva likely didn’t even know he was risking socking the taxpayers with that hefty bill until somebody else pointed it out to him. Or perhaps he just didn’t care. That his wife was on council when the to be repealed ordinance was passed points more towards didn’t care than didn’t know.
We went through 2017 knowing this was an issue and the City Manager couldn’t be bothered to deal with it. Then most of 2018 came and went. Nothing. Instead of worrying about a near half a million dollar liability Ken Domer had the council worrying about which volunteers to fire from the various boards and committees around town. As a former member, I’m glad the Economic Development Committee is gone but if you’re going to muck with the municipal code perhaps worry about the parts costing us, or potentially costing us, real money before worrying about a committee that rarely met because it rarely had quorum.
Now this issue is on the City Agenda for the coming City Council meeting tonight. During an election.
Yes, the election is on 06 November but absentee ballots are already in the mail and thus the city is asking council to change the rules of elections DURING AN ELECTION. People will have already voted in District 3 BEFORE the council decides what to do tonight.
Quote Silva from 3 days ago: “Absentee ballots are starting to arrive.”
This is ridiculous.
I don’t want the city to have to spend $400,000 to fill a vacated seat if Silva wins in District 3. However – and this is a big however – Jesus Silva decided to run knowing that his run could cost us that much money and he did it anyways. That he did it anyways speaks to his character.
That is a political consideration and changing the rules during the election screams of a partisan fix to a problem Silva could have avoided by not throwing his at-large seat away in the quest for 2022 incumbency. Voters make decisions on issues that cost and matter less than $400k and deserve to judge this issue without council interference after the fact.
In case you missed it, Paulette Marshall Chaffee looks to have been caught on video stealing signs from private property in her pretend district while illegally parked in a red zone because if one rule doesn’t apply to her – why should any amiright?
But Oops. It looks like she did it again.
Is it kleptomania? A spontaneous sign stealing spree?
Odds are that the Fullerton City Council will vote tonight to fire the Library Board and replace it with themselves in a cynical attempt to steal property to offset some Police & Fire Pensions. Fitzgerald wants to do it, Chaffee wants to do it and it likely won’t take much effort to convince Silva to do it.
Why? Because the city needs to pad the budget to fill holes left by Public Safety Pensions and totally predictable but avoided CALPers issues.
Thus the City is planning, under Ken Domer’s guidance, to take property donated to the library to plug General Fund budget holes.
Donated. As in stealing charity. Love Fullerton, indeed.
This is the brainchild of Councilwoman Fitzgerald despite her original campaign rhetoric about libraries being a “core service”. I guess we can just add this to the long list of lies Jennifer Fitzgerald said to get elected. We’ll put this one right up there with her promise not to take a salary and to desire to implement zero based budgeting.
Word has reached me that Fullerton might have leak problem – and that problem is that City Manager Ken Domer is quite mad that people would dare tell the public the things he intends to hide from us.
Such things as our Chief of Police and a Captain being caught up alleged Felony Battery on an EMT charges.
Or that one of our now former officers is being indicted for his cover-up work on the Joe Felz DUI incident.
When I first heard the rumors that Domer was hopping mad about the “leaks” coming out I brushed it off as hearsay. Then I heard it again from a different source. And again. And again still.
At this juncture I’m willing to chalk this rumor up as “Credible but without citation”.
If our city management would worry more about what their own staff is doing and the corruption therein and would be honest about it we wouldn’t need to rely on leaks from anonymous sources. And without those leaks, Domer would have nothing to be mad about in the first place.
Ultimately if he is mad it’s because he believes himself to be a part of the Ruling Elite above we the chattel and is more worried about appearances than solving problems.
The funny part for me is that I’ve tried to cultivate leaks within the city to no avail. All of the people who know me in City Hall are smart enough to not tell me anything for fear of guilt by association.
Yet here we are breaking stories of corruption and malfeasance and we get these leaks at FFFF because enough employees are fed up with the nonsense happening in Fullerton and FPD.
I salute the people who have sent us information because one of the last things Fullerton needs these days is a continuing culture of cover-ups. We respect your privacy and value the contribution to improving accountable, intelligent, and responsible leadership in our town’s government.
