It’s a Long Way to San Clemente
This letter just came in from councilman Bruce Whitaker, who seems to be a bit peeved that the wayward FPD is still slithering along without a leader. The pictures are courtesy of FFFF. Enjoy!
In less than a week, the City of Fullerton will be more than one year derelict in enforcing performance of a critical requirement outlined in its employment agreement with current Chief of Police, Michael Sellers.
I have frequently asserted in print, television and radio interviews that Sellers is in violation of a residency requirement (point #11) which states “Sellers will make a bona fide effort to relocate his primary residence to Fullerton no later than December 2010.”
Though hired two and a half years ago, Sellers continues to reside in San Clemente where his home is 43 miles from the Fullerton Police Station. Of California’s 69 cities with a population of 100,000 or more, Fullerton is the ONLY city whose police chief resides more than 40 miles away. The vast majority of California cities are served by chiefs who reside within the city they serve.
In my opinion, the clear intent of the council at that time was to compel Sellers to relocate to Fullerton, no later than December 2010. Merely making “an effort” would provide no value or benefit whatsoever, the intent was for him to live here. The Chief’s being less than an hour away was not just preferred, but essential. Since leadership in an emergency, and understanding fully the community one serves are core, critical requirements . . . without agreeing to this point, would Sellers even have been hired in the first place?
A strong case can be made that since San Clemente home values are 74% higher than in Fullerton there is no financial barrier for Sellers refusal to comply. In any event, it is Sellers burden to prove that he has met requirements in the employment agreement. Despite my efforts, an aggressive legal interpretation, one which would protect Fullerton taxpayers interests has not surfaced.
It is nearly 2012 and Sellers remains the Chief of Police, a current employee of the City of Fullerton. Immediate action is required to enforce this contract which even a year later is still being violated without consequence. It should have long ago been rendered “null and void.” It remains for the council majority to explain how “giving away public money” is a preferable course of inaction.
-Bruce Whitaker
Good riddance to some very bad rubbish!
Bruce is a smart guy, but he doesn’t get the employment contract with Sellers. It is between the City Manager, and the Chief of Police. The Council is out of the loop. Look at the CM Ordinance in the Muni Code. The Council has nothing to to do with hiring or firing anyone , but the City Manager or the City Attorney. So, if the CM is satisfied with the Chief due diligence to relocate, the the clause in the contract is mute.
Bruce is trying to hang his hat on a wall without a hook, wise up dude and learn that in the CM form of government it is the CM who hires, and fires, and the Council have little nothing to do with it.Bruce, who has my respect as a smart guy, shouldn’t be making these really dumb posts.
Speaking of smart guys. Why did you post Travis Keiger’s address then disappear for about 2 weeks?
We still have some unfinished business to deal with.
To address comments made by “havegunwilltravel” who claims “The Council has nothing to do with hiring or firing anyone, but the City Manager or the City Attorney.” HGWT’s claim is not accurate. The employment agreement in question is between the employee and the City of Fullerton. The employer is the City of Fullerton. The City Council voted to ratify the selection of the Chief of Police and approve this agreement. The City Council in its oversight role is responsible to enforce contracts and force compliance, including (when necessary) the initiation of litigation.
My question this: supposing Seller’s contract has been violated by his living outside of this city, what are the penalties attached. Can he be sued punitively? What is the city council’s culpability in allowing Seller’s contract to go on…unenforced?
Sellers never cared about this city. He only cared about his wallet..
EXACTLY!!!
The contract was written with weak language that allows for his current living arrangement to continue. This is the problem with the leadership. What a scam. Sign me up too.
That’s right. He just had to make an effort.
and of course, he sniffed out that loophole, like the slimy wild life he is.
As long as the Chief of Police is available by cell phone. That is how they do the job!!!
McKinley was the same contact by cell phone.
Find a whistleblower, or ask Bankhead!!!!
You go Bruce…..Sellers’ contract should be null and void. If that was part of his contract, he should be removed from his position, so we can move on here in Fullerton. He can stay at the beach. LOW LIFE…..TAX SUCKER…..
Well, that would explain the flippant. disrepectfully casual attitudes of the whole damn FPD-look at the head guy?
He was ordered to do something (not given a freakin option) and basically gave everyone the finger with the thought process of “I’ll do what I want”
When he was actually working, bet he came to work in freaking pink slippers.
Well said merijoe..
So when is Mayor Silva going to rally to have this fat bastard booted from the payroll? They’re paying this piece of shit $19,000 a month (OF OUR TAX MONEY) just to sit on his fat ass all day.
or is she just going to make appearances?
She was the first council member to call for Sellers to resign. We’ll see if she can do anything to make it happen, but it’s going to be difficult with the three stooges there.
Hey Anon peon, don’t you know I am just using this city as a rung on the politics ladder? You think care about your tax dollars?
look low, way back under the desk…or in the grass, that’s where make my appearances.
It’s obvious you haven’t a understanding of what they Mayor’s roll is in Fullerton. It’s more of a status symbol and not a seat that has any power to fire people. You might want to start putting the pressure on Joe Felz. He is the one who has the power to fire Sellers.
who said she had sole power of change? The OP asks that SSSSSilva “rally” people to do the right thing. No one ever said anything about her making the change single-handedly as her position as Mayor.(BTW, she wouln’t do either, even if given the opportunity)
Tough gig Bruce when you’re surrounded by council members who would like to see this guy continue to receive his Clesceri-esque stress related medical leave. What do you expect when you’re surrounded by guys like McKinley who said on Fullerton Stories the other day that collective bargaining works.
Tax free retirement after one year of medical leave! We have only 7 months to go.
Collective bargaining worked just fine for McPension. Makes more in pensions that he ever made working. How the hell did that happen?
Safety net? Hahahahaha.
Nothing they could do even if they made a motion, and voted to fire Sellers in the open meeting. That would just add more legal fees in the end. You know as well as I do it’s going to take more than the Bona Fide effort verbiage to get any type of termination right now. Especially someone on an approved medical leave. This case could already run into the hundreds of thousands of dollars for a few more years if he’s not just allowed to get the hell out of the town and retire.
Collective bargaining is the stranglehold that the derivatives fraud will bring to an end.
Pay the “son of bitch off” so we can move on….Sellers if I could write a letter, I would. LET US MOVE ON…..Sit on your beach chair, and let us be….
Where the hell is Perry Mason & Paul Drake when you need them?
Sellers and all complicit should be investigated and held accountable from the time of his recommendation and acceptance of his resume.
His hiring and the process stinks of misreprentation and fraud.
You guys are full of it. Poor Chief Sellers. Watching the sun set over the ocean in San Clemente, probably with imported beer of choice in hand. A veritable purgatory if you ask me.
I feel bad for Chief Sellers. He has to drive 43 miles a day to work. THen he has to drive 43 miles back to his home. This is very expensive and is the reason why Fullerton pays him $19,000 a month for his fine leadership!
Oh you say he hasn’t been to work in several months? Well, he is saving gas!
Where are our lawyers that are suppose protect us? Or are they in bed with Sellers?
Put it this way. If you start demanding accountability from your staff you might start demanding accountability from your lawyers.
OK, sorry, I’ll just shut up, I can’t afford a lawyer.
Well in bed with the council and the union… Same thing.
The lawyers purposely put that Bona Fide effort in there to give the executives an out if they don’t move to the City. I’m sure past Chiefs had the same verbiage in their contracts, and maybe all the department heads.
Can mayor Quirk:
Direct someone to contact the law firm the city employs to check into this?
change the contract language the next permanently hired chief?
If she is tired of Jones, Bankhead and McKinley, could she not bring this up for some kind of council vote, thereby giving the Recall folks more ammunition when the derelict 3 oppose it?
I think you have Quirk confused with somebody else.
Somebody who cares?
What and who do you mean OUR lawyers?
If you are thinking of pompous self-righteous arrogant jerks that have been City Council
members and condoned the actions of the FPD and used this position for their own benefit, guess again!
Shawn Nelson is past CC member and is now a County Supervisor.
Ed Royce is probably too busy shopping his resume’ to make any comment regarding his “Good Friends” and supporters at the lowly city level. This guy was not a past CC member but supports the status quo.
I left out Norby who at least had a bonafide job with a history thereof.
WHAT IF: The city just stopped all payments and benefits to all FPD personnel that are on paid admin leave, including Sellers.
I say: let them sue the city for damages, otherwise the city coffers are slowly being drained dry.
I agree, let them sue. For the City of Fullerton, it’s called stand in line. We have so many suits now. As the saying goes can’t get blood out of a turnip.
Yep. The only winner is the law firm contracting with the City. They will make millions. You see the legal bill for Vernon in the press today? Law firm billed for millions. Crazy.
Now you are talkin. 3 out of 5 is all it will take.
Bonefide is the key word and must be interpreted by a court. My inkling is that this is an issue Sellers would likely lose. To what consequense, I don’t know. Remove him as chief? He already did so himself.
At any rate, there has to be a plaintiff to have a lawsuit, and that requires three votes on the council.
So best case scenario long term is that he is told he’s fired for not finding a house in January 2011. Probably has a severance package in his contract. Either way his work comp case just backs up to that day and he gets a year of 48/50 time and then his retirement. Not sure it would save the city any money. Would cost the city more for sure in legal fees by the contracted city attorney. He will be on retirement funds soon. Look to the future is best in this case without a doubt.
Reality is back! Poof! Good points but its hard to stomach the reality of what sellers is really doing. Cheating his way.
I’m around. Sniffing and tasting the goodness of the xmas season.
Reality Is gaining Xmas pounds…. Wow, you sure like commenting on here.
Phat or Fat? LOL yea I enjoy FFFF.
My, we like ourselves. The latter.
Ri couldn’t stay away if you paid him
I thought I was being paid? LOL
he is tella’comuting or something
Bruce – why do you continue to spread bogus information (old issue at that) when you already asked this question and got the answer from the CM ? What is your purpose here in spreading false statements accusing him of contract violations? Was the answer that Joe Felz provided to comicated to understand ? And why the selective enforcement of an employee who is out on medical leave? You are feeding your sheep bullshit info AND DO SO KNOWINGLY! I don’t think Tony or Chris are going YO appreciate that.
And if you ever bothered to do some REAL homework on what was going on in admin while he WAS here – and actually listen – you’d find he was actively and agressively (within the law) addressing all performance issues presented to him.
Everyone else: there IS NO CONTRACT VIOLATION – AND WHITAKER KNOWS THIS. Ask him about other Dept Heads with this same clause in their employment agreements and why he’s OK with those and not writing blogs about em.
Maybe he’s OK with them because they’re still showing up for work.
If what you say is true, then there is no legal recourse to force Sellers off the public trough.
but what Fullerton snivel servant moron stipulated in an employment contract for our town’s police chief that it was okey dokey for Sellers to watch the sunset over the ocean from his home in Sasn Clemente while his police officers 43 miles away were routinely punching,stomping,molesting the innocents of Fullerton?
There is a contract violation and if they didn’t cancel the next city meeting we could have asked Felz. But it will keep until the 17th.
Here’s your answer:
It’s a personnel matter and we can’t comment on it at this time. Over and over and over.
“he was actively and agressively (within the law) addressing all performance issues presented to him. ”
Yes, sure he was. Of course us department heads went out of our way to make sure no “performance issues” were ever presented to him. That’s the way Sellers liked it.
Right. That’s how Rincon stayed on the streets.
POV-the question still remains-you uneducated coplicker:
WHY THE HELL DOES HE (SELLERS) STILL LIVE IN SAN CLEMENTE-TO THIS DAY, WHEN IT IS WRITTEN IN HIS CONTRACT THAT HE IS TO MOVE TO FULLERTON?
Derr, thats the damn question that you dance around-
So YOU answer it since you claim that Bruce knows the “real” story and you use the term “Bogus statements”
come on would love to hear the “real” story from you.
is that question phrased clear enough for you?
LOL coplicker. Love it.
Ok, so what about Acting Chief Hamilton who lives outside of Fullerton? What about Zilinke? What about Hoppe? They ALL live outside of Fullerton.
And I apologize for the typos before the insults start about the “GED” education, I am a college grad. Im using my smartphone with very small keys. So my apologies.
I’m afraid your phone is smarter than you are.
the odds Sellers will ever return to his position as police chief of Fullerton is extremely slim because Sellers does not want to return to the scene of his crime; lack of leadership and desire to restore Fullerton PD to an entity that protects and serves the public.
Having said that it is unrealistic in our current Great Depression to have our city’s coffers depleted further by paying Sellers to stay comfy in his home in San Clemente while paying for another person to do his job.
He was almost out the door when this happened. He’s long gone now. He’s maxed on retirement and will never be in Fullerton again. Just technicalities now in terms of his medical retirement portion.
i would bet my first born male child on this statement, 100 % agree. It is a done deal.
Fire sellers for breach of contract!
Here again we have one lone voice on the council who speaks for and represents the people of Fullerton.
It is costing the city approximately 15,000 dollars a month in salary plus another 7,500 – 9,000 dollar a month in benefits. Why is Sellers doing this? I suspect he is doing this to pad his already incredibly generous pension payout by increasing his number of years served at the 3% a year rate and to increase net income by either making a part or all of his pay nontaxable by retiring with a disability pension!
Dispicable!
Not only should Chief Sellers be fired for breach of contract but the city should sue him for fraud to recoup all salary and beneifts paid to him after December 2010!
Have any of the FFFF readership ever noticed that our city government is more like a spoiled country club group than public servants?
EXACTLY Barry Levinson.. Time for the people of this city to take back what is ours. What I don’t get is the people who support these clowns.. What is it that they have on their supporters?
In Fullerton we have…
-Boss Hog
-Sleepy
-The Double Speaking Authoritarian
-The Sociopath
…and Bruce Whitaker
Out of this bunch Bruce Whitaker is the only one who speaks, dresses and behaves like a normal adult. The rest have interesting quirks but nothing else.
HA! You said QUIRKS.
Barry,
I posted somewhere else about this.
He’s maxed out so he can’t get any higher retirement %%. The only thing pending is his medical retirement which will get him a portion tax free.
Let’s say they fire him for breach of contract. They would have to do that now since they didn’t address it at the time of the breach right? Or let’s say they tried to say well in January 2010 you didn’t do it, so we are firing you effective then, which backs up his stress retirement until that date anyways, which would cut his 48/50 one year period to next month, which would shove him out the door that much sooner. Problem is to do all that would probably cost thousands and thousands in legal fees to that legal firm that contracts for the city. So in the end I really wonder if it would be worth it, not to mention that it says he had to make an effort. He may have made an effort, extent isn’t clear in the contract, and they may lose anyways.
Like other things, look to the future. There are going to be enough legal fees stacked up related to the past stuff.
I’ve seen some of the contracts that say the person will make the same effort in getting their degrees too and they never do. They never get fired for it though.
I would be interested to see if other department heads have the same wording and also don’t live in the city.
Big mess for sure.
Whitaker seems to be the lone voice of reason in our city!
To CIVILIAN POV
Whitaker doesn’t do bogus.
So since you think you know more than the rest of us..give up some names of the other department heads you were addressing?
can anyone update me on recall status?
They guaranteed all signatures done and turned in by xmas. I imagine it must be in the confirming of signatures phase now. Did you see where Gingrich just got busted for one of his people’s getting 1500 bad signatures? He got 11,500 and needed 10,000 but 1500 were thrown out right away. Wonder how many duplicates the recall will have with the information provided about the guy wanting people to sign again.
I wouldn’t shed any croc tears. I hear thry’re collecting through year end to get in the 15-20 grand figure.
The Three Rotten Logs are finished.
Reality Is, can you provide a link about the recall people wanting people to sign again, or is this just something you heard?
if the recall is just doing a proverbial lap around the track. I would if I could.
Reality Is,
You make some excellent points but I still believe firing Chief Sellers for breach of contract is the right thing to do for several reasons as follows:
1. Too many city employees have been gaming the system to increase their net retirement payouts for many years. It sets a terrible precedent when the ones doing it our our city department heads. We should not only be doing a cost/benefit analysis for the chief but should be figuring in how many other employees can we stop from gaming the system in the future.
2. By firing Chief Sellers we put the spotlight on a man who apparently is more interested in squeezing the city dry of funds than retiring with honor and dignity. If we do not fire him the problem of not playing by the rules goes way beyond the chief himself but makes a majority of the council, our city manager and our city attorney all complicit in this charade.
3. Going forward we must do everything in our collective powers to shine a very bright light on all these corrupt practices that most of our current city leadership seems to have no problem with.
4. Let us also do everthing we can to give our current city leadership a backbone or else replace them with people with a spine and integrity.
We all need to continue to speak out at our city council meetings and continue to ramp up the pressure for decent, honest city government.
I agree with you. 5-10 years ago almost all chiefs medically retired. Fire chiefs and most fire personnel are even worse. That’s changing now with the closer looks at PERS. Problem is if someone says 30 years of police work is causing them stress and several doctors sign off on it, there is nothing anyone can do to change that. That’s why most are accepted.
Sellers didn’t just have stress when this happened. He had an accepted case and was on his way out the door anyways soon. It will be hard to change any part of his retirement and if they fight the medical it will be drawn out in court for several years and be expensive.
I don’t think they will be able to fire him for that Bona Fide verbiage. I think it gives him an out and eat case would be stress backed up to Feb 2010 and 48/50 time til Feb this year. Costly to the city for legal fees.
Messy. Future is the focus. Making things right in the future.
Stress should not be a cause for retirement but a reason for: doing more to improve the job OR quitting and moving on to something less stressful.
Sellers has sold out and blamed it on the stress. The fact is that law enforcement is stressful… that’s why they get paid well and have ridiculously lavish pensions which we cannot afford. Shame on Sellers and his ilk.
Fullerton’s future. ALL our futures. To retire on such a bullshit, pussy-way-out “rule” is a slap in the face to ALL OF US. It’s time to redraw the contracts. Rewrite them so they are in line with current economic realities. I have yet to see any concrete data as to the medical reason why the Chief is out on “disability.” This pussy gets six-figures a year for life, and men who lost all their limbs in Iraq or Afghanistan get dick for the rest of their lives.
CALIFORNIA CONSTITUTION ARTICLE 11 LOCAL GOVERNMENT: SEC. 10. (b) A city or county, including any chartered city or chartered county, or public district, may not require that its employees be residents of such city, county, or district; except that such employees may be required to reside within a reasonable and specific distance of their place of employment or other designated location.
(CALIFORNIA) GOVERNMENT CODE SECTION 50083: No local agency or district shall require that its employees be residents of such local agency or district.
Looks like Bruce overstepped his boundaries a little and will learn very quickly that he will now pay out even more money to Sellers for defamation. Most council people learn very quickly that demands by people have to be done per the law. If they aren’t, the city will pay. wooops.
Haha. Sellers will sue Whitaker for defamation? Please tell us what Whitaker said to defame the slithering, shameful and pitiful Chief Sellers?
Yes. The only people making money in Cities these days are the attorneys. The legal fees are up 200%. Everything is about lawsuits. Sue for $250,000, settle for $75,000. Did Whitaker say that Sellers violated his contract by not living in Fullerton? I think he did. But did he? Did Whitaker know that a “bona fide” effort wasn’t made? Or did he just assume? Yes, everyone knows you can’t force anyone to live anywhere. You can ask nicely, “bona fide”, but you can’t force. Whitaker should have known that in his brief discussions with the city manager and city attorney.
For a public figure like a police chief to win a defamation suit is almost impossible in California. In this case, it would be double impossible because it’s pretty damn clear that Sellers did violate that policy since he never moved to Fullerton and there are plenty of homes for sale or rent.
Keep fishing though.
If I were you i’d hold off on defending Sellers. Something tells me more e-mails are coming.
Hahahaha!
Not really defending him. More pointing out that city leaders know to shut their mouths without consulting their attorneys. Research how much money is paid to employees for failure to follow laws by city leaders. It’s huge. I doubt he will sue anyways. He’s long gone. He’s getting his retirement for sure maxed out, only thing pending is if he’s getting part of it as medical retirement.
In other words our expert City Attorney permitted an unenforceable contract to be executed? Wooops!
Good point but are there other areas in city contracts that say the person will attempt to get a masters degree during this term or other things that are ideas, thoughts, hopes, suggestions? I have seen many like that that wouldn’t be enforceable.
What is happening with Sellers leave of absence, isn’t the last 30 day extension up?