AWOL Sellers AWOL Some More

Here’s a news bit from our pal Lou Ponsi about Sort-of-Former Police Chief Sellers requesting another 30 day add-on to his medical leave – the one that started the night angry residents bombarded him with abuse for his dereliction in the Kelly Thomas killing.

It makes you wonder what the Three Dithering Diplosaurs think, given the fact that they’ve been taking (well-deserved) abuse in the months following Seller’s two hour ordeal and hasty retreat.

Anyway, it just goes to show how coddled out supposed “heroes” truly are. Here’s an assclown making over $200K a year, more than the Secreatry of Defense, and he wilts like an old lettuce leaf under a little pressure. And of course the taxpayers are stuck paying this zombie almost twenty grand a month to sit on the beach. Great system, huh?

The Recall Campaign’s First Victory; When You’re Right, You’re Right.

And I was right. But enough about me. Last night the Three Gasping Gastropods chose Sharon Quirk-Silva to be Fullerton’s mayor in 2012.

In meeting that can only be characterized as bizarre, the repuglicans did the heretofore unthinkable: make a Democrat mayor in her re-election year. The visceral pain that must have caused anti-recall handler “Dick” Ackerman” is a wonderful bonus gift of the Recall. See, Tricky Dick is courting what’s left of the old liberal rear guard and the Recall gave him no choice but to promote Q-S. Ha! Suck on that, Dicky Boy.

Smiling on the outside...

First came public comments, Part 1, with the usuall brow-beating of the Three Triceratops, plus a special guest stars, Pam Keller. The goofy grin and air-headed air of self-importance reminded me of just how grateful we should all be that she bid the council adios.

Ah said, that there was sum bad chicken...

Then some business items which o’ Doc Heehaw blew through so fast you would have thought he was either double parked or was anticipating an urgent case of diarrhea. Then the elections of mayor, and mayor pro tem. I wonder what Ed Royce thinks about this since any elevation in stature for Q-S means the greater likelihood for an eventual Congressional challenger for him.

As anticipated the Trio of Broken Bivalves elected the youngest, and sprightliest of their gang, Pat McPension, to be back-up mayor. The fact that McKinley believes it’s not dangerous for cops to fondle women in the backseats of their patrol car seems not to have been a deterrent to his promotion. Bruce Whitaker was nominated by Q-S, to her credit. The vote was 3-2.

Lookin' out for the ladies, oh yeah!

And then the sublime. Public comments were re-opened. The reading of Marisa Gerber’s article on the sad state of affairs in the Fullerton Police Deapartment followed; a litany of law-breaking and head breaking that sums up what the department became under Jones, Bankhead and McKinley’s over-long tenures. It’s now on the public record and McKinley can no longer hide from the truth: under his command, or lack of same, the police department sank into an undeniable Culture of Corruption.

 

City Council Meeting Tonight!

Yessiree, Friends, tonight is the night when our “esteemed” City Council chooses our mayor for 2012.

It’s also the night when the Council will be entertained (not enlightened we may reasonably assume) by a reading from Marisa Gerber’s great exposition of Fullerton’s bad cops, bad cops in the OC Weekly. After hearing the extensive (and not even exhaustive) report on the Culture of Corruption created and abetted by Jones, Bankhead and McKinley, even the most die hard loyalist to the Ancient Regime must cringe and slink off in shame. But not the Three Dyspeptic Dinosaurs.

But I digress.

It used to be that if you were on the Fullerton City Council and you were a Democrat; and if the following year happened to be an election year, your chances of being selected mayor by your colleagues were pretty damn slim. This is because the old guard country club Republicans like Dick Ackerman and Ed Royce would start pulling the strings of whichever featherheaded RINO nincompoops they had put on the council and the “rotation” that everybody talked about was out the window.

This year is a lot different. With the Recall of Jones, Bankhead, and McPension signature gathering phase coming to a successful completion, Ackerman & Co. know that this year their creaky boys cannot afford to offend anymore constituents, especially what’s left of the antique liberal cadre in Fullerton. So he must now do what for him is unthinkable, under ordinary circumstances, that goes diametrically against every fiber in his corrupt being, and that is order the Triumverate of Tone Deafness to support Sharon Quirk-Silva for mayor.

It will hurt, but it must be done. But will it help in the Recall campaign? Presumably there are some libs old, and young, who, while they won’t support the Recall publicly will certainly vote for accountability when it matters.

Stay tuned for the fun.

Dick Jones is an Obama Republican!

UPDATE: Like Jello, there’s always room for more Dr. Phogbottom. From a couple years ago.

Ah the unkindest cut of all! But true.

Listen as Fullerton Councilman Jones explains how Redevelopment is there to build infrastructure for nightclubs, as well as hand out interest-free loans, to stim-u-late business. So much for a conservative’s faith in free enterprise and keeping gummint out of our lives. Seems like Jones has a special place in his heart for corporate welfare – dished out to his buddies in downtown Fullerton.

So how is this different from the federal “stimulus” cooked up by Prez Obama? We have to wonder if all those bluehair Federated Republican Women who see Obama as some sort of commie, know what a card-carrying socialist their beloved Doc Jones is.

And once again we ask, how in good conscience can supposed conservative Ed Royce keep supporting this mallet head? Aha! First he would need a good conscience!

A Peaceful Family Town

Oooh, they's bad, bad men!

The anti-recall chuckleheads are trying to scare their few dozen elderly supporters with the notion that the Recall is some sort of scary thing that will upset the applecart in good, ol’ Stepford.

It's peaceful I tell ya!

The shameful fact is that Don Bankhead and Dick Jones turned downtown Fullerton into a boozy free-for-all with fights, rapes, and killings; and Pat McKinley sent in his goon squad of misfits, thugs, perjurers and killers to keep order in Jones’ “New West.”

Oh, no, not again!

Here’s the latest black-eye for Fullerton, a cabbie stabbed twice at Amerige and Harbor.

When are the folks of Fullerton going to wake up to the mayhem wreaked on their  peaceful family town by Mssrs. Bankhead, Jones and McKinley?

Real soon, I reckon.

 

For The Next Council Meeting – A Public Reading

The City's eyes were badly "bloused." Again.

I strongly urge each and every Friend of Freedom in Fullerton to take with them a copy the most recent OC Weekly to the next Fullerton City Council meeting, on December 6th.

Why? To read!

A speaker should begin reading aloud and into the record Marisa Gerber’s excellent exposition of the Fullerton Police Department’s Culture of Corruption. Pick up where your predecessor left off when his three minutes are up and the mike gets shut off. Keep going until you have made the Three Blind Brontosauruses and their Rotarian claque listen to the whole damned article.

At the end I would challenge any sane, honest person not to acknowledge the undeniable evidence that Pat McKinley’s police force degenerated into a sinkhole of corruption; and that that Bankhead and Jones are guilty of letting it happen as they abandoned their sworn responsibility to the citizens of Fullerton.

It’s very clear. They sold us out to their pals in the police union. Let’s be sure to remind them why they are being recalled!

The Moral and Mental Degeneration of Pat McKinley

Way out here at the end of Screech Owl Road it gets pretty quiet. With the exception of the wind and the occasional rotor-thump of the Marine helicopter squadrons you have few distractions to clutter your thoughts. And lately I’ve been giving some thought to Pat McKinley, former Fullerton Police Chief, and now city councilman.

Lookin' out for the ladies, oh yeah!

Back in October the Friends were treated to one of the most startling revelations of moral failure imaginable when McKinley was cornered at a women’s club lecture on self-defense, and was asked to explain what women should do when a cop like Albert Rincon attacks them in the backseat of a police patrol car. See, McKinley hired Rincon and despite numerous complaints Rincon stayed on streets, eventually getting the City embroiled in a civil suit and earning the wrath of a respected federal judge.

McKinley’s shocking response to the Soroptimists:  “Those ladies aren’t like you;” and the sexual battery was only “inappropriate touching;” “not a good thing, but it ain’t a dangerous thing.”   “Call Chief” is what McKinley recommended women do when sexually battered by a Fullerton cop! No FFFF didn’t make that up. Here’s the video.

Later, McKinley tried to wriggle out of his statements by explaining that what he really meant to say was that the women in question were not “credible,” the implication being that he, McKinley, was the proper judge to determine what sort of women are credible or not. Given that as Chief, McKinley hired a virtual rogues gallery and gave them all badges and guns, it’s sort of hard to imagine why anybody would consider McKinley an authority on moral credibility. McKinley’s lame defenders actually put out the word that McKinley had somehow been tricked into saying all those awful things.

But now consider this inescapable fact: the Fullerton City Council just agreed to pay out $350,000 to only two of these “not credible” women. What the Hell? If McKinley believed they were not credible why on Earth did the City consent to settle? Maybe it had something to do with the harsh upbraiding the Fullerton Police Department received courtesy of Judge Andrew Guilford. If it did, you would think the taxpayers of Fullerton were due an apology from somebody. Anybody.

I also note then when asked by David Nazar if he was proud of the Fullerton PD, he immediately said yes, hesitated, and then added “except for the two.” Since I presume he was referring to Manny Ramos and Jay Cicinelli, we can conclude that he has no regrets about hiring Albert Rincon in the first place.

It’s about time the anti-recallers get their stories straight because you can’t have it both ways. Either McKinley is a disgusting misogynist or he’s losing his marbles. Well, gee, maybe it’s both.

The Man Who Scuffled With Police; The Man Who Scuffled With The truth

Let us flash back to the early stages of the FPD’s attempted coverup of the Kelly Thomas killing. Here’s the FPD’s version of the story, as passed along from Sergeant Andrew Goodrich via the uncurious OC Register.

This story came out the day after the beating, even before Kelly was taken off life support, and the dissimulation was already well underway. Months would pass before the DA’s revelation that an innocent man had been beaten to death under color of authority.

And speaking of color I have helpfully highlighted in bold red statements and assertions from Andrew Goodrich that were flat-out lies.

Man who scuffled with police still in critical condition

The 37-year-old man, believed to be a transient, is suspected of auto burglary, police said.

By SEAN EMERY / THE ORANGE COUNTY REGISTER

FULLERTON – A man suspected of trying to burglarized cars remains hospitalized with life-threatening injuries after police say he fought with officers trying to search him.

Authorities say Kelly Thomas, 37, injured several officers who tried to detain him Tuesday night, while family members allege that police used excessive force in taking him into custody.

About 8:30 p.m. Tuesday, officers went to investigate reports of a man trying to burglarize cars in a parking lot next to the bus deport in the 100 block of South Pomona Avenue, Fullerton police Sgt. Andrew Goodrich said.

Officers spotted a shirtless man with a beard, shorts and a backpack who they suspected of being involved in the attempted burglaries, Goodrich said.

The man began to fight officers as they tried to search him, Goodrich said.

“We don’t know why he was so combative and resistant to the officers, but it took upwards of five to six officers to subdue him,” Goodrich said.

During the scuffle, Thomas suffered head and neck injuries and was taken to a hospital, where he was listed in critical condition, Goodrich said.

Two officers suffered moderate injuries during the fight, including broken bones. They were treated at a hospital and released.

It was unclear if the officers used non-lethal weapons to subdue Thomas.

“According to his family, he has a history of mental illness,” Goodrich said, adding that he is a transient in Fullerton and surrounding cities.

Ron Thomas, Kelly Thomas’ father, said his son was homeless by choice and had been diagnosed with schizophrenia.

“When (police) rolled up, he was by a vehicle. They wanted to search his backpack, and he turned on them,” Ron Thomas said.

Thomas contended that his son’s injuries were the result of an “extreme use of force” by officers, who he believes “slammed” his son’s head and face into the ground. Based on his son’s injuries, Ron Thomas believes officers “took his legs out from under him while pushing him downward.”

“They have all the training, they have the weapons, they have the Tasers, and he is 160 pounds, barehanded,” Thomas said.

Thomas is on life-support, his father said, with doctors telling the family that he likely suffered brain damage.

I can understand why a father would say that, but we are going to do a thorough investigation,” Goodrich said of Thomas’ comments. “Some of our officers also went to the hospital due to injuries they suffered. Sometimes when we take people into custody who don’t want to go into custody, we have to use force. It is never the preferred way of doing things.”

Goodrich said police are conducting a criminal investigation into the attempted burglaries, as well as an internal investigation into the officers’ actions.

“It’s always unfortunate when someone is injured, and we do what we can to minimize injuries whenever possible,” Goodrich said.

So did Goodrich ever suffer any consequences for all this unadulterated bullshit? Of course not, for this is Fullerton government where there is no accountability for malfeasance, and nobody in officialdom finds it objectionable that the official City spokesman has not even a passing familiarity with the truth. Of course it could be argued that Goodrich was just a useful idiot in the service of a cover up of an event about which he was largely misinformed by his fellow union members or their (and his superiors)

Either way the whole thing stinks. And any way you slice it looks like a cover up.

Jones & Mayer. More Failure.

Now that the Howard Jarvis Taxpayer’s Association has weighed in on the issue of Fullerton’s 10% water tax with the suggestion of potential legal action, it seems an opportune time to consider the quality of legal support the City receives from its high-priced lawyers, Jones & Mayer.

Specifically, how can anybody explain the fact that the City Attorney Richard Jones has overlooked the obvious fact that the City of Fullerton’s in-lieu franchise fee of 10% was nothing but an illegal utility tax that was never substantiated by any objective study as required by Prop 218; and that it amounts to paying costs for alleged services that far exceed the actual cost of any services rendered to the water users, in violation of the State Constitution. Every year since he was hired in the early 90’s Attorney Jones’ bosses on the City Council approved water rates that automatically passed along this tax to the rate payers. Of course discussion of the embarrassing 10% add-on was avoided like the plague and was quickly dismissed when anybody brought it up.

Well, Friends, the answer is pretty simple: Attorney Jones wasn’t representing the interests of the people of Fullerton, he was representing the interests of the City staff and city councils who depended on that annual $2.5 million rip-off to close their General Fund budget gaps. That’s right, the General Fund that goes to pay the salaries of City employees;  that goes to pay the Council’s stipends, insurance, and car allowances; that goes to pay the for the Council’s junkets to fancy hotels to attend League of Cities meetings; and that goes to pay pensions – including those gaudy six-figure pension bonanzas of Councilmembers Don Bankhead and Pat McKinley.

The reason for employing an attorney is to get sound legal advice, not to have someone tell you what you want to hear; or, even worse, not tell you what he thinks you don’t want to hear. But such is evidently not the case in Fullerton.

For Jones & Mayer placing the interests of the staff and defending the indefensible is nothing new. And the price tag for this string failures has mounted over the years. Let’s take a moment and reflect upon some of these issues. Hmm. So many to choose from. Here’s a sampling:

Good grief, this is pretty embarrassing. It’s clear that the City Attorney is more interested in harassing the citizens of Fullerton than in sticking up for their rights. And this seems like a pretty good barometer to assess the attitude of the council majority – Bankhead, Jones, and McKinley.

Howard Jarvis Will Challenge Fullerton’s Illegal Water Tax

It looks like our city may be in for another lawsuit. Check out this letter that was sent from the Howard Jarvis Taxpayers Association just before Turkey Day (emphasis mine):

Mr. Joe Felz, City Manager
City of Fullerton
303 W Commonwealth Avenue
Fullerton,CA 92832

Re:  Water Department “In Lieu Fees”

Jack Dean, a friend of the Howard Jarvis Taxpayers Association, has brought to our attention that the City of Fullerton pads the rates charged to water customers in order to transfer funds from the Water Fund to the General Fund.  These transfers appear in the City’s Budget under Water Fund expenses and General Fund revenue as a 10% in-lieu franchise fee.  We believe the fee and revenue transfers are illegal.

If a private company provided water service to the residents of Fullerton, the City could charge the private company a negotiated franchise fee for occupying public rights of way with its pipelines.  That is not the case in Fullerton, however, as the City operates its own municipal water utility.  The rates the City may charge are governed by the California Constitution, which limits rates to just the amount required to provide service, and prohibits transferring rate revenue for use elsewhere.

California Constitution article XIII D § 6(b) states in relevant part: “(1) Revenues derived from the fee or charge shall not exceed the funds required to provide the property related service. (2) Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed.”

We successfully litigated this issue several years ago in lawsuits against the cities of Roseville and Fresno.  The courts in those two cases ruled that a city’s utility enterprise can reimburse the General Fund for actual, documented expenditures incurred on behalf of the utility, such as the utility’s use of the City Attorney’s services, or the utility’s share of a common insurance fund.  However, the utility cannot serve as a supplemental source of revenue for the General Fund.  As the court in the Roseville case said:

“[T]he in-lieu fee violates section 6(b) of Proposition 218 in a more direct way. Roseville concedes that ‘[r]evenue from the in [-]lieu franchise fee is placed in [Roseville’s] general fund to pay for general governmental services. It has not been pledged, formally or informally[,] for any specific purpose.’ This concession runs afoul of section 6(b)(2) that ‘[r]evenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed.’ It also contravenes section 6(b)(5) that ‘[n]o fee or charge may be imposed for general governmental services.’”Howard Jarvis Taxpayers Assn. v. City of Roseville (2002) 97 Cal.App.4th 637, 650.

By this letter we are formally requesting the City of Fullerton to stop charging the 10% in-lieu franchise fee, and to adjust its customers’ water rates accordingly.

If the City believes its 10% in-lieu franchise fee is legally defensible, then please consider this letter a request under the California Public Records Act for copies of the study(s) and/or accounting(s) that itemize General Fund costs on behalf of the Water Fund totaling exactly 10% each year.

Your response by December 10, 2011, would be appreciated.

Sincerely,

Timothy A. Bittle
Director of Legal Affairs

The tax became a big issue back in July, when a guy named Jack Dean from the Fullerton Association of Concerned Taxpayers pointed out the illegality of this water tax to the council (during an attempt to double water rates.)

Well, it’s been four months now, and Fullerton residents are STILL PAYING that illegal tax on every water bill.

Of course Bankhead, Jones and McKinley are waiting for the city attorney to find a way to squeeze that tax through a legal loophole, instead of rescinding it and refunding the money they’ve been helping the city steal from taxpayers since Prop 218 passed fifteen years ago.

How about a refund?