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.

Your Choices Couldn’t Be Clearer

It seems like I keep saying this. And it keeps being true.

The Old Guard Establishment that buried us under a mountain of unfunded pension liability, that stole almost $30,000,000 in the guise of a water “fee” and who created a murderous Culture of Corruption that abused us, stole from us, lied to us, and even killed one of us, isn’t going without one last, vaporous, noxious gasp.

Jan Flory disappeared ten years ago, run out of office after a two-term misrule that included overdevelopment, massive corporate subsidies, boondoggles galore, and of course, worst of all, the disastrous 3@50 retroactive pension spike. Now teamed up with the most obnoxious elements of the corrupt, unapologetic cop union, Flory represents the completely discredited Ancient Regime better than anyone.

Well, anybody but Flory’s old chum King Don Bankhead, recalled twice and so desperate, demented and disconnected that he still believes he has something to contribute to Fullerton besides the comical spectacle of falling asleep during meetings.

He’s the one on the right.

There’s somebody called Rick Alvarez running, who like Flory, has been hugely supported by the cops. This cipher is the last wheeze of the Ackerman repuglican tribe, a dying breed to be sure. No one knows anything about this drone, except that he appears to be willing to say anything to anybody. He is also supported by the Old Dems who see in him their main chance of stopping reform.

Then there’s a woman called Kitty Jaramillo who seems to be just what what the doctor ordered – in case you wanted a former city employee making decisions that affect her pals’ pensions. Cynically, she’s been dropped like a hot potato by those Old Dems and the cops who don’t want her siphoning votes from their candidates, and who wouldn’t support two latino-named candidates.

Another entry is Jennifer Fitzgerald who stood up to Dick Ackerman when he started tricking himself out for the cop union. But this sure seems like way too little, way too late: as Friends will recall she was a big opponent of the recall which speaks volumes as far as I’m concerned. Her backing by Ossified GOP clique is equally telling. Her employment is based on lobbying and political hackery – which for Republicans is a sure fire sign that they are for big government.

Are you sufficiently depressed, yet? Don’t be! You can do yourself a favor. You can support conscience and reform.

There is Barry Levinson, a guy who has been on the front line of reform for the past couple of years, and a man who wuold undoubtedly demand accountability in City Hall.

Jane rands has been at the forefront of reform in Fullerton, too, particularly about land use and cop brutality, which has not endeared her to the liberal establishment.

Finally I arrive at Travis Kiger and Bruce Whitaker, the incumbents. These two have accomplished more in four months than their predecessors had done in twenty-five years. They have finally ended the illegal water tax and they have demanded fiscal and practical accountability from the police department. Naturally the public safety unions are outraged and have spent a fortune attacking them. Why? because Kiger and Whitaker work hard for us, and the unions just hate that. They hate it a lot.

Yep. The choices stand in stark contrast to one another. You can go back to the depressing days of unaccountability and irresponsibility; the days when our police department spiraled out of control; the days when downtown Fullerton became a subsidized, open-air booze court; the days when land was given away to favored developers and City Hall looked the other way when it came to environmental impacts on the rest of us.

Do the right thing.

Have They Gone Too Far?

You would think that even a band of rogue cops with the recent history of malfeasance such as the FPOA brethren would recognize that publishing a wanted poster of your political opponents is crossing a line.

Damn straight. Wanted for re-election.

Well, I guess not. When you are willing to defend killers, robbers, pickpockets, liars, perjurers, incompetents of all kinds, property room thieves, sex perverts, and who knows what else, you’ll defend anything.

 

Welcome To Floryland

The closer you look, the worse it gets.

When you have an inflated sense of self-worth it must be hard to come up against a wall of objective facts that square with the reality everyone else sees. Thus narcissists and paranoiacs must concoct a narrative that seems to embrace those facts and yet tell the myth you want everyone to believe about yourself.

And so we have Jan Flory: a rigid, humorless, sometimes near-hysterical defender of an ideology that has placed California on the edge of financial insolvency. Think Greece.

Flory’s ridiculous muumuus and wooden beads are symbolic of a much more sinister problem: a fundamental dishonesty about herself and her corrupt mind set.

But don’t take my word for it. Lets examine Flory’s own Facebook rants. Like this latest, with added commentary by me.

DRIP, DRIP, DRIP

At 12:15 a.m. last night, the City Council took up the question of how to refund $7.3 million to people who overpaid their water bills in our city over the past 3 years. Mayor Sharon Quirk moved to continue the matter to the next city council meeting because of the late hour. Doug Chaffee concurred. Bruce Whitaker, Travis Kiger and Greg Sebourn voted to go forward no matter how late or how tired the council members. It also might have had something to do with the fact that the audience had dwindled to a handful by that time. So much for transparency and accountability.

Or it might have had something to do with the fact that hours and hours of time had been unnecessarily wasted by Quirk and Chaffee promoting the candidacy of Danny Hughes as Chief, despite the fact that the Council had already decided it wanted to do a wide recruitment instead of ramming home the inside goon. Transparency? Check. Accountability? Check.

Reality? If Flory is tired and can’t stay up past Murder She Wrote reruns on cable she shouldn’t be on any city council.

A little history first: To begin with, the water fee was never an “illegal water tax”.

Lie number one. Keep counting.

The water tax was first adopted in 1968 at 2% of the water bill. The purpose of the tax was to pass through to the ratepayers (you and me) the city’s cost of getting water to your tap. Fair enough. The tax increased to 10% in 1970. We had aging reservoirs, pumps and water lines that needed replacement and ongoing maintenance. The water fee was a way to do that.

Now that’s just another series of outright lies. But let’s not let the facts stand in the way of a good story, right? The 10% was originally cooked up to divert revenue into the General Fund to pay for the City Attorney and City Administrator. IT HAD NOTHING TO DO WITH ONGOING MAINTENANCE AND AGING INFRASTRUCTURE. Flory could have actually read the ordinance but that wouldn’t have been as fun making something up.

In any case there was never any accounting to see how bad the rip off really was, and in the old days water was dirt cheap, right?

In 1996, the California voters passed Proposition 218 which required there be a connection between a fee charged and the services rendered. In other words, you couldn’t just pull a number (like 10%) out of the air.

One truth accidentally tumbles out!

Proposition 218 was tested and upheld by the courts beginning in 2002.

Aha! Flory slips in a date to give herself an alibi for her own approval of the illegal tax for six years! Too bad that upon learning the truth she and her cohorts continued to steal the 10% each and every year for the next NINE YEARS. No talk about fixing the rip-off, apologizing to the ratepayers, trying to reclaim even a small mole hill of moral ground. Nope.

The Water Rate Study Committee was authorized by the OLD council long before the Recall to address concerns about the 10% charge to the Water Fund.

And at whose behest? Not city staff or you, Flory, we can be sure of that. It was political pressure that did it.

Ultimately, the study committee determined this summer that the city should have been charging in the neighborhood of 7% rather than 10% in order to comply with 218.

Another outright lie. The Committee determined no such thing. The staff-chosen consultant cooked up a phoney number to keep as much of the rip-off as possible including exorbitant rents paid to the City! Even Quirk said it was ridiculous!

The committee relied on the work of an independent financial consultant, Municipal Financial Services Group (MFSG), to determine the City’s cost in providing water to its customers, and outside legal counsel (Best, Best & Krieger) to make sure that the outcome comported with Proposition 218.

Independent? Now that’s just comical!

The results were even submitted to the Howard Jarvis Taxpayers Association that concurred with the methodology used in the study.

Wrong, again. But by now is anybody counting?

The NEW council majority threw all that out the window, disregarded the recommendations of the Water Rate Study Committee, and completely eliminated the “in lieu” fee. That will have the effect of reducing city revenues annually by $1.7 million which could have properly been charged by the city to bring water to our homes.

Let’s all gloss over the fact that no one has ever said a proper water rate shouldn’t cover costs of maintenance and infrastructure. If it doesn’t Flory has only her own beloved staff to blame – those same incompetent bureaucrats like Chis Meyer and Joe Felz who have let the City’s infrastructure go to hell as they feathered their own nests handsomely. In the meantime, the “in-lieu” fee had no legal rationale for existing since it wan an obvious triple dip. Step one was to get rid of it. Step two is find out what the true costs of running the water utility really is, and charge it to the ratepayers.

Because the city had charged its water customers 10% (rather than 7%), the Water Rate Study Committee found that the city had overcharged the rate payers the sum of $7.3 million over the last 3 years.

Once again, those were the cooked up findings of the hired “consultant.”

It recommended that the overpayment of the water fee be accomplished by an incremental transfer from the General Fund to the Water Fund to be used for infrastructure repairs,–something that desperately needs addressing. This would also avoid the City’s incurring debt to pay the debt.

Um, see comment above. How did the water infrastructure get so bad, Mrs. Flory? You were on the City Council for eight long years. Do want to take responsibility for that? What? Speak up!

What did the new Libertarian majority do? It voted to rebate the entire $7.3 million back to the rate payers. It is estimated that this will be a onetime payment of $100 to $400 per household depending on how much water was used during the 3 years.

The horror. Government giving back something it stole!

It’s an accounting nightmare for several reasons. The overpayment has to be calculated for each household in the city. Some residents have moved or died; thus, creating the dilemma of finding out where to send the money.

But Jan, are you saying your beloved staff can’t figure out a way to print and send out some checks? Hell, they manage to send out the water and trash bills every month.

Finally, the question of where the money is to come from must be determined. We don’t have enough in the General Fund to pay the lump sum. Staff suggested that a debt issuance might be necessary, with an estimated yearly debt service of $500,000.

Put away the violin Mrs. Flory. Step up and take your medicine. You and Bankhead and Jones and McKinley ripped us off for 15 years. YOU figure out how to make it right!

So now we not only have a decrease of $1.7 million in revenue, but we need to add $500,000 for debt service. This totals $2.2 million if you’re counting.

See, it’s all about government revenue, the altar at which the egregious muumuu clad priestess Flory worships. Yes we can count and we know whose balance sheet this belongs on – even though it’s on ours.

Last night, the council majority (Whitaker, Kiger and Sebourn) directed staff to find “creative ways” to pay off the debt such as selling off surplus properties. In other words, asking city staff to remove the rope the council majority had put around its own neck.

Wrong, again, Flory. They are asking city staff to do the right thing, and remove the rope YOU put around our necks for all those years.

Change on the Council cannot come quickly enough. Drip, drip, drip.

It’s coming all right. be careful of what you wish for.

We Get Mail

I just picked up these missives from the FFFF in-box this morning. First this:

I know who Iwant to work for, and it isn’t you!

Hey, FFFFsters, I just want to point out the obvious. Jan Flory just got fourteen grand, cash, from the corrupt cop union. She also got ten grand from some land developer named Phelps. The rest of her dough came from “retired” individuals, most of them former public employees.

Cops, developers, massively pensioned government workers. Wow. Talk about special interests!

– Sick of BooHoos

Good point, S.o.B. And then this:

I was driving along Chapman a few days ago and saw Pam Keller on the corner of Harbor. She was holding up a sign promoting the candidacy of Rick Alvarez, a Republican! Here’s what I want to know. Why won’t the establishment Dems in this town support a real good candidate like Jane Rands? Why the Hell not? What is wrong with Keller, and Quirk and Flory and their ilk?

Are they so in bed with the FPOA thugs and baboons that they can’t recognize an authentic progressive? I guess that question answers itself.

– ACLU Mom

Good point, Mom. The Old Guard liberals in Fullerton don’t stand for anything, of course, except for the prerogatives conferred upon the department heads in City Hall (see first letter, above). Please address you questions to Keller herself and see if you can get an intelligible answer. Or you could ask this gentleman:

Working on an answer…

Jan Flory Wants to Get Something Off Chest

Seeing Jan Flory in action I have come to recognize a bitter, humorless shrew who happens to be a cheerleader for the department heads in City Hall and the worse their actions, the less accountability she requires.

Is she also losing her marbles? I don’t know. But I do know she wrote this weird entry on Facebook in which, among other things, admits that she employed “undocumented” domestics:

You’re going to love this one.

Last night I picked up a cryptic email message from O.Co. Register reporter, Tony Saavedra, asking me to call him today. We talked about 10:30 this morning. Apparently Tony had received a copy of a letter from an anonymous “concerned court employee” that had been sent to Shawn Nelson, our esteemed county supervisor. Tony said that Shawn had turned the letter over the District Attorney for investigation. WHAT! Tony wanted to know if I had been contacted by the D.A. WHAT!

My next 2 questions were: 1. Am I going to be arrested for something? That would be a bummer for the campaign, and 2. What was the letter about? 

As described to me by Tony, the anonymous letter described an encounter that the writer had with me mid-August when I appeared in North Court with a 19-year-old friend of mine, Jackie, to deal with a traffic citation Jackie received the month before. Jackie was cited for an illegal left hand turn and driving without a license. The letter accused me of asking the court for some kind of special favor for Jackie. (I’m still trying to get a copy of the letter.)

Let’s back up. Jackie is one of the “Dream” kids. She was brought to this country by her undocumented parents when she was 8 and has lived here since then. Because Jackie has no documents herself, she (like hundreds of thousands) cannot get a driver’s license. I’ve known Jackie for 10 years, and she is a good girl who has done everything asked of her. She earned a 3.9 GPA in high school and has just finished her first year at Fullerton College with a 3.7 GPA. She volunteered as a poll worker for the June election. She has applied to work as a cadet for the City of Anaheim, but cannot get a job because she has no papers.

Once upon a time, Jackie’s parents worked in my home cleaning my house, and I developed a friendship with Jackie. Although her parents haven’t worked for me for a while, Jackie and I keep in touch. She was terrified of going to court by herself because she didn’t know if she might be arrested by ICE officials and deported. I offered to go to court with her to help out if I could.

When Jackie’s matter was called, I stood up with Jackie and notified the court that I was an attorney appearing to vouch for Jackie’s character and ask the court to cut Jackie a break if it had any discretion at all in the matter. The judge heard me out, and asked if Jackie was driving without a license. Jackie admitted that she was, and pled guilty to both counts. Jackie and I went downstairs where she had to pay nearly $600 for the fine.

This is what gets me. Based on the facts set forth above, 

1. Why would Nelson (an attorney himself) turn such a letter over to the D.A. for investigation? 

2. How did Tony Saavedra get the letter conveniently “leaked” to him?

3. Does this have anything to do with my being the frontrunner in the city council election? YA THINK! And more important,

4. Does this have anything to do with Shawn’s tight relationship with Tony Bushala who has been attacking me on his blog for the past 4 years.

Mr. Nelson, you owe me an explanation.

Apparently the progeny of these illegal aliens recently got a citation including driving without a license. What the girl’s GPA or employment status has to do with the ticket is anybody’s guess. It sounds like Flory did what the anonymous letter claims: asked the court for a favor.

Apparently Flory has got her corset in a twist; in her warped worldview she is the “frontrunner” and Shawn Nelson turned over an anonymous letter to the DA to derail her frontrunnership. I don’t know about any of that, but I do know that her obsessive paranoia about Tony Bushala doesn’t seem to fit the profile of a frontrunner – or even a completely balanced person.

I’m not a lawyer but I’m pretty sure Flory didn’t break any laws. However that letter should be turned over to the California Bar Association to let them decide if that was appropriate behavior.