Chronic Failure Archives - Page 50 of 70 - Friends For Fullerton's Future

November 17, 2016November 17, 2016Behind Closed Doors

The Odd Case of the Client Newsletter

richard_jones

Okay, you may have painfully listened to the five-minute drone of Fullerton City Attorney Richard Jones on a previous post, explaining why no information was forthcoming in the Case of the City Manager and the Dead Parkway Tree. Sorry to inflict that on you, but no pain, no gain, as they say.

If your cerebral synapses are sufficiently recovered, reflect back on what Mr. Jones, Esq. said, and what he was asked to repeat twice by our Mayor, about electronic records generated at the scene and how they could not be released via PRA request because they were part of an “ongoing investigation;” but moreover, because they were somehow part of some sort of double-top secret “personnel” proceedings.

But wait! A quick trip to Jones and Meyer’s website newsletter to clients (we are clients, aren’t we?) reveals some interesting case law that seems to show exactly the opposite of the malarkey Jones was pitching to a remarkably incurious Council the other night. Here’s the synopsis:

mav-evidence

See? The video was created before any administrative investigation, or internal affairs investigation even started.

So let’s get this straight. A “client alert” sent out less than four months ago seems to contradict what Jones said, and reiterated twice on Tuesday night. Hmm. Hopefully someone can drop by to explain why the case of City Manager Joe Felz isn’t covered by the Greenson case finding by the Court of Appeal.

November 16, 2016Behind Closed Doors

The Culture of Cover Up?

by Joe Sipowicz37 Comments

You, know some people have the remarkable habit of speaking a whole bunch of words without saying anything. Fullerton City Attorney Richard Jones has been doing it for years and years as compliant councils sit there silently during his mind-numbing droning.

In the clip below, from last night’s Council meeting, he explains why the public need be told nothing about the City Manager, Joe Felz, driving home after a party, running off the road, trying to leave the scene of an accident, smelling of liquor, and most likely flashing his Get Out of Jail card.

jail-card

First listen:

There’s five minutes of stuff that could have been said in about 40 seconds but Jones needs to make sure he has touched all the bases of possible objection, added some mumble-words in the service of phony legal propriety, and his accomplice, Mayor Jennifer Fitzgerald is on hand to make sure some of the points are reiterated – twice.

Yes, the bases are touched.

The matter is subject to an “ongoing criminal investigation” by FPD, possibly to be turned over to the do-nothing DA, so mum’s the word! But what’s this? Who has committed a crime? No one was arrested no one was even cited. If not then, when, and how? Sure seems like a bogus smoke-screen.
The issue is a “personnel” matter. But wait. Felz was not acting as an employee at the time of the crash. He was undoubtedly a private citizen. So how on God’s green earth is this a personnel matter? Another dodge to avoid response to legitimate PRA requests?
The issue of the body cameras is noted as governed by some statute that is not elaborated, merely cited. The incurious Council let that one sail by. In the end, Jones informs us that Mr. Felz has privacy rights, too, which is awful sweet, but begs the question – if any of us were detained in similar circumstance can there be any doubt at all that the video would be turned over to the media by Andrew Goodrich before the first rays of morning sun had warmed the walls of the police station tower?

In the end some word nuggets tumble out that do lead into the direction of actual meaning, if only unintentionally freed from the bondage of this pettifogger’s mental jail.

One bit of this statement is very interesting. At 4:08 Jonsey mentions the investigation of the poli…the City Manager. Maybe I’m too cynical, but could this be the real source of investigation – how the cops deliberately violated their own policies and ignored violation of the Vehicle Code? That would sure make sense if a cover-up of the whole embarrassing mess was being orchestrated. After all, they could try “miscommunication in the chain of command” or some such nonsense, Gennaco-style, and if all else failed, toss the rat on conveniently departed Chief Dan Hughes who is now over the wall and making tracks southward.

November 16, 2016November 16, 2016Chronic Failure

The Weasel Words of Dick Jones Regarding Joe Felz

by Joshua26 Comments

After tonight’s Fullerton City Council meeting all signs point to City Manager Joe Felz being out of a job, likely from early retirement after he runs out the clock on his vacation time. Allow me to explain.

Joe Felz was a no-show at last night’s Council meeting and the City Attorney, Dick Jones, relayed a nothingburger of an apology from Felz during the Open Session and said that Felz was taking a 2-week leave of absence. Mr. Jones then requested that the council agendize an emergency* item for the same meeting, last night, to appoint an Acting City Manager which they did.

There is zero reason to appoint an Acting City Manager if somebody is on a voluntary leave for 2 weeks. Do we appoint an Acting City Manager anytime the City Manager goes on vacation? No. Was it an emergency? No. This is ridiculous. How ridiculous you ask? Well…

Pursuant to California Government Code we don’t even NEED a City Manager owing to Fullerton being a General Law City.

36501.  The government of a general law city is vested in:
   (a) A city council of at least five members.
   (b) A city clerk.
   (c) A city treasurer.
   (d) A chief of police.
   (e) A fire chief.
   (f) Any subordinate officers or employees provided by law.

Notice that there is no “City Manager” on that list.

So our City Council just appointed a person, Gretchen Beatty, to a position that we don’t even legally need because our City Manager is on a 2-week leave. Funny how the City Attorney missed that little nuance in the law or as I like to call it – his job. Dick Jones asked that a non-issue be agendized unless of course more is going on behind the scenes that can’t be discussed with us common rabble known as residents.

Now here’s where the weasel words really come into play. Mr. Jones stated that Gretchen Beatty would be acting City Manager not until Felz came back from leave but rather until the City Council relieved her. He’s a lawyer who chooses his words carefully so this means something.

To really drive this point home it should be noted that during Public Comments people spoke up about the Joe Felz / Sappy McTree incident and Mr. Jones made a point that the details of the investigation couldn’t be released until this “Personnel Matter” is resolved. He also said that it was an ongoing criminal review and it would go to the D.A. for a “Potential Criminal Prosecution”. Further he said, and Mayor Fitzgerald asked him to repeat, that the Bodycam footage couldn’t be released pursuant to California Government Code 6254F.

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November 14, 2016November 15, 2016About Us

The Yellowing Submarine

by The Fullerton Harpoon19 Comments

Things never looked better for Fullerton.

An alert Friend directed our attention to the Fullerton Observer’s “reporting” of the recent Joe Felz/Danny Hughes Glenwood Ave. Road Rally. Here’s the article. As usual the Observer does its level best to downplay the incident – since for the Yellowing Observers City Hall can do no wrong. If you want, you can see it here. Below is a facsimile.

Journalism at it's finest! — Journalism at it’s finest!

Let’s enjoy some of the unintended hilarity.

First notice that neither the chief player in this drama, nor even his august title are mentioned in the headline, a rather glaring omission, one would think.

It is not until the end of the second paragraph that we discover the tree killer is our beloved city manager; and it wasn’t until the next sentence that he is identified – only as “Mr. Felz.”

None of the pertinent facts are shared: that Felz had been drinking; that he had tried to drive away; that he had been given a pass on the breathalyzer test that would have been forced on you or me, or even Sharon Kennedy, editor of this mess.

Ironically, Page 6 contains a saccharine farewell to Chief Dan Hughes, whose last official task as chief was to make sure his boss got a safe ride home and tucked into bed without the worry of an annoying and embarrassing DUI rap. Thanks for the solid, man!

“Leaked to a local blog.” Ha ha! Yes, indeed! But no mention of the evil FFFF, where original and dangerous attitudes prevail! Jeez, even Sappy McTree got more shine than we did.

And finally: “…witnessing a driver (you mean THE driver) trying to maneuver his vehicle off the causeway.”

Causeway? Just like The Observer of old: error riddled, incompetent, supine and illiterate.

November 14, 2016November 16, 2016Behind Closed Doors

Karma Can Be A Bitch

by The Fullerton Shadow21 Comments

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 :

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November 13, 2016July 29, 2017Boohooism

Molly’s Problem

by The Fullerton Shadow32 Comments

Nothing intelligent was forthcoming... — Nothing intelligent was forthcoming…

Could be trouble’s a-brewin’ for our old acquaintance, North OC Community College District trustee Molly McClanahan.

Now, in case you’re not familiar with the life and times of McClanahan, here’s a primer: rightfully recalled from the Fullerton City Council in 1994 for imposing a stupid and unnecessary utility tax (at the behest of the public employee unions), she was tossed a little political plum as an appointee to the NOCCCD. There she has been a reliable cheerleader for a bloated, overpaid and incompetent administration for over 20 years.

A few years back we followed the tale of the magical football stadium at FJC, an embarrassment on so many levels that I won’t recount them, just give you Loyal Friends the link.

Seven years have passed and apparently the football practice facility is still slated to become a completely unnecessary game day venue – given the fact of the FHS stadium a few hundred yards away and the CSUF stadium less than two miles away. looks like some of the neighbors are still as unhappy about this as ever. In fact, somebody has started a website dedicated to pressuring McClanahan to act on behalf of her constituents instead of her district bureaucrats, with the promise of a recall. Since they linked to the old post of ours, I felt compelled to return the favor.

Now Molly may have a problem, maybe. Recalling anybody is hard, especially in a big JC district that nobody even thinks much about. Yet the NOCCCD has seven much smaller individual districts. I don’t know for sure, but I’m supposing the individual trustee districts have about 70,000 people, so gathering signatures would not be impossible. But would anybody off the hill behind the campus even care?

Unfortunately, the website isn’t real clear on what how McClanahan is supposed to do anything at this point. Maybe the proprietor of that blog will stop by and give us some more information. One thing is certain, though. Whoever is behind this is pretty pissed off. The hostility comes through loud and clear; and tellingly, there is a pointed reference to McClanahan’s illegal gift-taking from a bond peddler and the consequent FPPC fine.

November 10, 2016November 13, 2016Chronic Failure

The Mouse Comes A-visitin’

by Mr. Peabody16 Comments

Wow what an honor. Today our humble blog received 19 visits from Disney Corporate, the new employers of soon-to-be-minted Vice President of Security and Tom Sawyer Island Bilge Water, ex Fullerton Chief of police, Dan Hughes.

November 10, 2016November 16, 2016Chronic Failure

“Personnel Matter” is Bureaucrat for “Misdemeanor”

by Joshua47 Comments

Both The OC Weekly and The OC Register have picked up the Uber-Failus story of Joe Felz.

According to The Register the City Attorney, Greg Palmer, said “the incident is a personnel matter but declined to elaborate”.

Let us look at that “Personnel Matter” shall we? First we’ll reference our fallen Sappy McTree.

According to Chief Hughes’ memo to City Council “the city manager was involved in a minor single vehicle collision”. Okay. That explains the tree but not what happened.

For context Sappy McTree is knocked down facing West which means that he left this mortal coil after being struck from an Easterly direction. The following is a photo of a skid mark which starts near Sappy’s remains and continues west.

It continues for 176ft. How do we know? Because we measured it.

“So what?” some of you will comment. The “So What” is California Vehicle Code 20002 (emphasis mine):

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November 10, 2016November 10, 2016Chronic Failure

Would You Like to Phone a Friend?

by Joshua14 Comments

We kicked off our relaunch by letting you all know that City Manager Joe Felz was in an alleged DUI accident at the wee hours on 09 November 2016 following some possible revelry in Downtown Fullerton where he was allegedly spotted at three bars before allegedly running down a tree. We showed you some photos of the poor innocent tree that was taken from our fair city far too soon. We showed you gouges in the road that will likely get pushed up the queue for our Mayor’s 8-Mile-Per-Year charade of a repair estimate.

We here at FFFF are trying to piece together what happened and are looking to see if Joe Felz was released with a criminal citation as per the FPD Policy Manual section 420.3.3 but this is where the transparency problems come into play. We aren’t allowed to know much and certainly not in a timely fashion. Even council members are forbidden from talking about pending or current investigations regarding current city employees. They won’t, or can’t, even confirm if such cases are in fact pending or current. The City can take 1-2 weeks to get back to records requests because they under-staff the transparency while going heavy on the revenue generators.

With Chief Dan Hughes on his way out the door to go work as the Mouse’s Top Cop we have an interesting problem on our hands.

You see in our fair city the City Manager makes the appointments to Interim Chief should a vacancy appear. This means that Joe Felz will likely be appointing the very person in charge of the Fullerton Police Department which is tied into a possible pending or ongoing investigation of our own City Manager Joe Felz. How nice it must be to know that you get to choose the guy or gal who could be tasked with sweeping your alleged dirty deed under the rug. While it is true that Chief Hughes cites possibly bringing in the CHP to investigate, owing to a conflict of interest, it is still his own officers who would be called to testify about the scene should this alleged crime go to trial.

I’ve read the Fullerton Police Department Policy Manual on DUIs and I can’t figure out why in this alleged case the Chief of Police needed to be involved in a simple DUI. Notified sure. Directly involved though? According to the Manual, section 514.2.6 specifically, Exigent Circumstances exist with chemical tests because of the non-permanent nature of the chemicals (allegedly alcohol in this case). Taking the time to call the Watch Commander who then takes the time to call the Chief who then has to call back in theory could allow the alleged blood alcohol level of our allegedly drunk City Manager to drop to a point of allegedly legal sobriety.

Of course that brings us to section 514.2.2 of the aforementioned FPD Police Manual. That states;

If the arrested person chooses a breath test and it can be accomplished without undue delay, the arrested person shall first be transported to the jail for breath testing preparatory to booking.

I don’t see any mention of transporting anybody to the Jail, a whopping 0.6 miles away, but I suppose that’s because the “field sobriety test” had nothing to do with actually testing for chemicals in the blood. If a chemical test had been completed that long drive to the Jail would have happened and been mentioned in the Chief’s memo to City Council which it was not.

jail-felzcrash

Expect to hear a lot about the “ongoing investigation” and remember kids that you too can allegedly drive drunk and have the on scene officer call the watch commander who then calls the Chief of Police who then calls back to give the go ahead to the on scene officer to do his/her job. You might even get a free ride home. Oh wait. No. Most of us would simply be arrested and have our cars towed to the impound.

November 9, 2016November 9, 2016Chronic Failure

City Manager Felz Involved in Potential DUI Accident After Election Night Celebration

by Joshua72 Comments

We at Friends for Fullerton’s Future can report and confirm that Fullerton City Manager Joe Felz was involved in an alleged DUI accident last night.

Coming home from the Downtown Bar scene where several election parties were taking place, Mr. Felz allegedly lost control of his vehicle.

According to the internal memo below, outgoing Police Chief Dan Hughes was informed of the situation and having allegedly passed a field sobriety test Mr. Felz was driven home by officers and his car was towed.

We are awaiting details as to the length of time between accident, phone call to the chief, field sobriety test and ride home.

Mayor Jennifer Fitzgerald was informed at the time per procedure but no comments have been forthcoming.

View the memo from police chief Danny Hughes

Thankfully it looks like nobody was hurt when Mr. Felz lost control of his vehicle as the only injury seems to be the death of an unsuspecting city tree.

Mr. Felz may have left a piece of his vehicle behind after doing what looks like considerable street damage. There was no word in the memo about potential charges for destruction of property, littering or the like.

A different car was in his parking spot today at City Hall suggesting the seriousness of the damage to his Subaru.

We will keep you posted as this story evolves.

Oh and in case you missed it the Friends For Fullerton’s Future are back.