While We Were Away. Another Story You Didn’t Read About In “Back The Badge”

Once upon a time, the Fullerton Police Department employed a detective by the name of Ron Bair.

FFFF had some fun with this idiot, here.

A real moron, right? FFFF questioned whether this “detective” could find his own ass in the dark. Unfortunately, Inspector Clouseau was not just an annoying, half-bright stumblebum. He was also the the sort of degenerate who would involve himself in a sexual relationship with a woman in a domestic/child custody dispute in which he had become a witness. That thought alone makes me cringe. Was it sexual extortion? The whole thing was completely piggish.

Naturally, the whole misconduct was swept under the rug by law enforcement, but the civil suit cost the taxpayers of Fullerton plenty in 2015 – $550,000 to be precise.

When you read that article did you enjoy the part where Chief Danny Galahad blames the woman for her “poor choices?”

“I understand your frustration with former officer Ron Bair, but you have blamed him for your situation, the judge, and now three additional members of our department,” Hughes told Castaneda. “You may also want to consider the poor choices you have made to contribute to your current situation.”

You have to admire the balls it takes to offer moral admonishment to the victim of one of your employees and the subsequent law enforcement cover-up. He doesn’t bother to mention that his stand-up officer was conveniently retired in 2013 (see page 35).

For some reason that reminds me of former Chief “Patdown” Pat McKinley casually blaming Albert Rincon sexual assault victims for not being  like the women who attended his stupid “She Bear” book signings.

 

All citizens are equal, but some citizens are more equal than others (Part 1)

I have a thought experiment for those of you who work in the private sector.
Let’s suppose you are accused of some misdeed by your employer. It could something minor like rudeness to a customer, or something potentially criminal such as embezzlement, assault or even potentially murder or manslaughter.

Hypothetically

Let’s further suppose your employer comes to you and asks you about certain accusations. What do you suppose would happen if you refused to answer any questions about that incident unless you had an attorney present? And if you did speak to speak to your employer what are the chances they would agree to not use your statement against you in a criminal action? Could you refuse a polygraph test under any circumstance? And could you insist your employer never disclose the results of their investigation upon pain of criminal prosecution?

The answer in the private sector is clear cut: while you have constitutional rights in criminal proceedings (including the right to have an attorney present and against self incrimination) if you refuse to cooperate with an employer you can be fired on the spot.

Not so for many of our public employees. Thanks to the Police Officer’s Bill of Rights (Government Code §3300-3311) many of the rights afforded to all of us in criminal prosecutions are also afforded to officers in administrative actions. For example, pursuant to Government Code §3303(f), statements made under duress, coercion “or threats of punitive action” are inadmissible in civil proceedings as well as criminal. Thanks to the decision in Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822, an officer can be disciplined for refusing to answer questions in an administrative hearing, but only if they are first told that the statements cannot be used against him in any criminal matter. An officer also has a right to have council present during any administrative proceedings relating to their conduct. And if there is a violation of any of these or other rights, there is no requirement to exhaust administrative remedies first (like the rest of us have to); the officer can immediately sue in Superior Court.

The combination of the protections in POBAR and the Supreme Court decision in Copley Press, Inc. v. Superior Court (39 Cal.4th 1272) have combined to essentially make our public safety employees above the law. Copley guarantees that any complaints against officers that are handled through the police department will be investigated at the sole discretion of that department, since the public is typically not told how the department ruled or why. Or even whether they looked into the matter at all. Remember, Chief Dan Hughes once admitted that many complaints against officers were simply tossed into the wastepaper basket, since there was no ramification for the department for doing so.

“After careful deliberation, we have concluded that no evidence exists to warrant disciplinary action. At least, not anymore.”

This does not mean that there are no good officers in Fullerton, but it does mean that there are no meaningful external check on the conduct of officers that are a problem, so long as the conduct is not so shocking it winds up becoming a national story. And even then, the protections afforded by POBAR makes firing for even the most shocking crime difficult. See for example Kenton Hampton, who is still employed by the Fullerton Police Department (and pulling in $175,958.90 in total pay and benefits as of 2015, according to Transparent California) despite his involvement in the beating death of Kelly Thomas and the beating/ false imprisonment of Veth Mam (video here) and the fact that even Joseph Wolfe may actually be reinstated despite his role in Thomas’s death.

Since we cannot rely on transparency (state law prohibits it), and we cannot rely on officers within the department to come forward (don’t forget, Copley makes disclosure of internal personnel records a criminal offense, and as Paul Irish has recently learned, even mild, non-specific criticism of department policy can get you in more trouble with your employer than standing around doing nothing while your fellow officers beat a man to death), I concluded several years ago that an effective independent Civilian Oversight Commission was the best method of placing some check on our public employees. Rather than simply advocate for the civilian oversight, those of us who were advocating it decided to prepare their own proposed ordinance, which Matt Leslie has been hosting on his Fullerton Rag blog ever since (it can be found here, although the transfer does appear to have altered the subsections in a way that makes it a bit confusing).

The specifics of and the benefits of the proposed ordinance, and the means in which this City Council could implement it, will be discussed in Part 2.

Repugs Blow Wad on Ling²

Back for more
Back for more abuse…

A while back we shared the musing of one Matthew J. Cunningham, a repuglican ink-dribbler, who falsely blamed Bruce Whitaker for the embarrassing showing put up by repuglican Larry Bennett in Fullerton’s 2016 council election. See, Whitaker is not popular among the “everything must go” repug’ crowd who see government not as too big, but as just not having enough teats.

Better get it while you can...
Better get it while you can…

So here, forthwith, I present another one of this sorry individual’s political ejaculations. This post was supposed to be a wrap-up of the State Senate District 29 election, a district that includes all of Fullerton. Repuglicans loved them some Ling Ling Chang. And why not? Her candidacy was the creation of the noxious Ed Roski bag man, Bob Huff, the perpetual cheerleader for the failed California Redevelopment swindle.

Back to the actual post: see if you detect the wave of wishful thinking intruding upon the shallow lagoon of this flunky’s intelligence:

After yesterday’s OC Registrar of Voters update, it’s highly likely Democrat Josh Newman’s unlikely political journey has come to an end – and it’s time to start addressing Assemblywoman Ling Ling Chang as Senator.

SOS sd29 tally 11-16

29,746 ballots have been counted in the last two days, and Newman is not only failing to close the gap – he is falling further behind. At this stage of the game, if you aren’t gaining ground, you’re losing ground because the universe of uncounted ballots is only getting smaller – meaning the percentage the second-place candidate has to capture keeps getting bigger.

Congratulations to Ling Ling Chang, who once again has emerged victorious from a bitter and hugely expensive election battle.

Of course anyone who follows election counts knows very well that the post-election day provisional ballots always lean heavily Democrat in Orange County. They also know that the late VBM ballots likely go Republican – and these were obviously the first post-election ballots counted.

looking for the exit...
Looking for the exit…

A few weeks of sporadic ballot counting have passed, and the final tally has Fullerton’s Josh Newman, State Senator-elect, winning by 2500 votes. He was sworn in today as the State Senator form the 29th District.

Hello, Newman
Hello, Newman

I feel constrained to point out that this “battle” was “hugely expensive” only because of the $6,000,000 pumped into it by the Statewide ‘repugs and their running dogs to smear Newman, who appears to be a thoughtful and decent guy. Is there any need to also point out that Cunningham’s rancid Dave Gilliard-owned blog also participated in that shameful smear effort?

Friends, we may accurately call Ling Ling Chang many things: nakedly ambitious, serial liar, empty suit, air head, puppet, soon-to-be unemployed; but one thing we can’t call her is Senator.

Karma Can Be A Bitch

The topic of drinking and driving has been in the Fullerton news the last few days. We all know the story involving City Manager, Joe Felz, by now so there’s no point in rehashing the details. Instead, I want to direct the Friends’ attention to the irony that surrounds us in life, sometimes almost like there’s some sort of cosmic plan.

Way back in August, 2012 at the start of the fall election campaign, Fullerton City Councilmen and candidates Travis Kiger and Bruce Whitaker, along with Greg Sebourn voted to turn back a $50,000 grant from the state to pay for those ridiculous DUI random checkpoints that are probably the least effective ways to corral drunk drivers.

The bars stayed open and the band played on...

Let’s let Fullerton’s in-house shrew, Jan Flory, herself a candidate that year, fill us in from an August 30, 2012 facebook entry:

OKAY, so let’s get this straight, our Tea Bagger councilmen (Kiger, Sebourn and Whitaker), voted to reject a $50,000 grant and send it back to the state because it was to be used for DUI sobriety checkpoints that they believe are unconstitutional. They did this without walking across the street and talking to Police Chief Dan Hughes, or Captain George Crum who wrote the grant application.

Whoops! They find out after the fact that $146,222 in additional grant funds were tied to the $50,000 for the sobriety checkpoints, soooo, if the $50,000 is rejected, then the $146,222 has to be turned back too. It’s not like our understaffed police department could use the money, right? Maybe they thought the state would know how to use the money better than we do at the local level. Massive miscalculation!

Miscalculation? Certainly, but not by Kiger, Whitaker, or Sebourn. The fact of entangling grant funding (if in fact it existed at all) was never shared with them by their own $200,000 City Manager, Joe Felz, or by $200,000 Police Chief Danny Hughes, both of who were just sitting there during the meeting. Why not? Possibly because they  had every reason to try to embarrass them and help get Flory elected. The consequent to-do with a MADD mob orchestrated by the FPD, and quite likely with the approval of Felz and Hughes themselves, was quite entertaining. Whether they knew about a link at the time, they sure found out fast, so fast that one might suppose a little back-room political shenanigans.

So now, let’s return back to late August, 2012 and hear again from the vinegary Flory as she regales us with her demagoguery :

(more…)

The Cop Playbook. Public Safety Has Nothing To Do With It.

For paranoia, sheer cynicism and demonstration of unbridled self-interest there’s nothing that can beat this “playbook” created by the law firm of Lackie, Dammeier & McGill for use by their clients: cop unions.

See how many of these tactics strike you as familiar in Fullerton. Paranoia, cynicism and self-interest. Check, check, check.

 

Lackie, Dammeier & McGill
Former Cops Defending Current Ones

Negotiations After Impasse – Association Options
In gearing up for negotiations, hopefully your association has developed some political ties with members of your governing body. Now is the time those political endorsements, favors, and friendships come into play. When negotiations reach an impasse, the association will have options which may be utilized simultaneously, or one before the other.

Political Option
As most association leaders already know, associations should be selective in their battles. However, this does not mean that the association should roll over for everything either. Association respect (by the employer) is gained over years of actions or inactions. Associations who rarely, if ever, take things to the mat or challenge the employer gain little respect at the bargaining table or elsewhere. The flip side is also true. Those associations that battle over every minor issue may be seen as an association that simply cannot be pleased, so why bother. While it is a fine line, somewhere in the middle is where you want to be. The association should be like a quiet giant in the position of, “do as I ask and don’t piss me off.” Depending on the circumstances surrounding the negotiations impasse, there are various tools available to an association to put political pressure on the decision makers. A few things to keep in mind when utilizing these tools are the following:

Public Message
Always keep this in mind. The public could care less about your pay, medical coverage and pension plan. All they want to know is “what is in it for them.” Any public positions or statements by the association should always keep that focus. The message should always be public safety first. You do not want wage increases for yourselves, but simply to attract better qualified candidates and to keep more experienced officers from leaving.

The Future
Also keep in mind that once the fight is over, you and your members will still be working there. Avoid activities where one or just a few members are involved who can be singled out for retaliation. Always keep in mind your department policies and the law. You should be in very close contact with your association’s attorney during these times to ensure you are not going to get yourself or any of your members in trouble. For associations in the Legal Defense Fund, please keep in mind that concerted labor activity should always be discussed with the LDF Trustees prior to the activity to ensure coverage.

Let the Debate Begin
Again, the ideas listed below are not in any particular order. Just as in your use-of-force guidelines, you can start with simple verbal commands or jump to a higher level, based on the circumstances.
Keep in mind that most of these tools are not to deliver your message to the public but are designed to simply get the decision makers into giving in to your position.

  • Storm City Council – While an association is at impasse, no city council or governing board meeting should take place where members of your association and the public aren’t present publicly chastising them for their lack of concern for public safety.
  • Picketing – Plan a few well organized picketing events. Keep these events spread out to avoid burning out your membership.
  • Public Appearances – During impasse, the association should make known at every significant public event, such as parades, Christmas tree lightings, the Mayor’s Gala and any other event of interest to the decision makers, that the association is upset about the lack of concern for public safety.
  • Newspaper Ads – Again, keep the message focused on “public safety.”
  • Billboards – Nothing seems to get more attention than a billboard entering the city limits which reads that crime is up and the City could care less about your safety.
  • WebsitesGardenGroveSucks.com was a big hit.
  • Job Fair – Getting your members to apply at a large local agency, which causes an influx of personnel file checks by background investigators always sends a strong signal. Keep this for last, as some of your members may ultimately leave anyway.
  • Work Slowdown – This involves informing your members to comply closely with Department policy and obey all speed limits. It also involves having members do thorough investigations, such as canvassing the entire neighborhood when taking a 459 report and asking for a back-up unit on most calls. Of course, exercising officer discretion in not issuing citations and making arrests is also encouraged.
  • Blue Flu – This one is very rarely used and only in dire circumstances. As with all of these, please consult your association’s attorney before even discussing this issue with your members.
  • Public Ridicule – Blunders by the City Manager, Mayor, or City Council members or wasteful spending should be highlighted and pointed out to the public at every opportunity.
  • Referendum / Ballot Initiatives – Getting the public to vote for a wage increase is seldom going to fly, however, as a pressure tactic, seeking petition to file a referendum on eliminating the City Manager’s position for a full time elected mayor may cause the City Manager to rethink his or her position.
  • Mailers – Again, the message should be for “public safety” in getting the public to attend city council meetings and to call the City Council members (preferably at home) to chastize them for their inaction.
  • Campaigning – If any members of the governing body are up for election, the association should begin actively campaigning against them, again for their lack of concern over public safety. If you are in a non-election year, make political flyers which you can explain will be mailed out the following year during the election season.
  • Focus on an Individual – Avoid spreading your energy. Focus on a city manager, councilperson, mayor or police chief and keep the pressure up until that person assures you his loyalty and then move on to the next victim.
  • Press Conferences – Every high profile crime that takes place should result in the association’s uproar at the governing body for not having enough officers on the street, which could have avoided the incident.

Of course, other ideas that cops come up with are very imaginative. Just keep in mind, the idea is to show the decision makers that the public favors public safety and it will only harm their public support by not prioritizing you and almost equally as important, to let them know that next time they should agree with you much sooner.

Message to Norby: Kill POBAR

Um, Chris Norby, you are a State Assemblyman, right? You stand for something, right? You ran for office for some reason, right?

So now that you’re up in Sacramento, why don’t you do something about the hideous union scam known as POBR – the Police Officer’s Bill of Rights – that grants special protection to cops good and bad. It seems that POBR keeps honest, law-abiding, tax-paying  citizens from knowing which crooked cops have been preying upon the very citizens who pay for their salaries and exorbitant pensions. Are you in favor of this? Do you care? Are you worth a dehydrated ostrich turd?

You’ve been in Sacramento for over two years and so far have accomplished nothing. Zilch. Nada. Zero. So how about finally showing some guts by doing the right thing. Make it legal for all police departments to release all relevant information on cops who have been separated from their police force. If they’ve done nothing wrong the facts will bear this out. If they have violated policy, or worse, if they are criminals, the public has a right to know.

And Sharon Quirk, if you’re reading this (and I know you are) what do you have to say about fixing POBR.

 

McKinley Jumps Republican Ship

The OC Republican Party went to bat for “Patdown” Pat McKinley when he ran for Fullerton City Council in 2010. With the help of his influential ‘pug friends like Dick Ackerman he secured the OCGOP Central party endorsement. Party volunteers even helped oversee Doug Chafee’s recount effort against him.

So what’s this we see, above? Oh oh. It looks like Patdown Pat is backing a Democrat, Sharon Quirk. Now that’s not very good, is it?

Right alongside old guard liberals Jan Flory and fellow massive pension suckateer, Chris Meyer.

And to Ed Royce, who created this twisted McMonster and foisted him on us all, all I can ask is: are you finally satisfied with the damage you’ve done?

 

Mr. Dick Jones on Marijuana

The original and the best. Nothing quite like it.

Here is Doc Foghorn sharing his thoughts on medical marijuana. Notice that Jones is all about control. Mindlessly so. See, he knows what’s best and tarnation if’n he ain’t a gonna give it to you – whether you like it or not.

But really: heroin products and oxytoxin??!! This assclown’s gears was a slippin’ two years ago.

– Joe Sipowicz

Water Wars Continue

Running for higher office.

Teri Sforza of the OC Register has done another piece on Fullerton’s fraudulent 10% water tax and the equally fraudulent study commissioned by the City Council to justify keeping as much of the tax as they can. Naturally the consultant ginned up some phony rent value for City owned property that water reservoirs sit on! In fact the bogus rent topped $1.3 million, a figure so absurd that even Mayor Sharon Quirk took offense. It’s a good thing Ms. Quirk is running for the State Assembly or she might not be so concerned about the wear ratepayers getting ripped off in an illegal scam. Whatever. At least she finally seems to have somebody who knows what’s going on advising her.