There really shouldn’t be any surprise that bad legal advice always comes with a price tag. Sometimes that cost is monetary. Sometimes it’s misleading and even abusing the public and its trust.
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And so it has been over the decades for Fullerton and its egregiously awful lawyer, Dick Jones, of the I Can’t Believe It’s a Law Firm. The latest example is a real boner, even for a guy whose firm specializes in boners in dirty book stores and misbehaving topless bars.
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It seems that last fall City Attorney Jones and Mayer may very well have passed advice to newly elected councilwoman Jamie Valencia that some of the donations to her campaign could be problematic, including those from Tony Bushala and the guy who owns the cigar place on Wilshire Avenue. Any official activities effecting these gentlemen might fall under the Section 84308 of the Government Code, the so-called “pay-to-play” statute.
The statute says that politicians can’t vote on licenses, contract awards, entitlements, permits or agreements with entities that give them over $250 in campaign cash. Valencia was supposedly given two options: recuse herself on such issues for at least a year; or, alternatively, give the money back. In November, she chose the latter.
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Nothing more was said of this until the idiot Walk on Wilshire was up for a vote. At this point The issue of the pay-to-play statute came up again in the bone-headed precincts of Fullerton BooHooville, prompted by who knows who. The reason? Bushala and Mr. Cigar Guy both opposed the continued closure of Wilshire Avenue.
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For some reason the City Manager Eric Levitt (according to the Kennedy Sisters of the Fullerton Observer) told them he believed the Valencia contribution return was in process, when it had been accomplished 6-8 weeks before. The fact that he even responded at all gave the boohoos confidence in their brand-new, trumped up “issue.”
And guess what? None of it even mattered!
That’s right. The vote on Walk on Wilshire had nothing to do with the pay-to-play law. Nothing. Nada. Zilch. Zip. Zero. A layman could (and FFFF did) see that. No one was getting a license, a permit or a contract award; no one was getting an agreement or an entitlement. Citizens with opinions were simply giving them about a City directed action – not their own. It was so obvious. But not to Dick Jones, for some inexplicable reason. Was it ineptitude, laziness, or was there an ulterior motive? Who knows?
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Meantime, Fullerton BooHoo and the Fullerton Observer got into high dudgeon over the non-issue, and also whether the money had been given back to the contributors. They tried hard to craft a corruption scandal. “Questions were being asked,” the Kennedy Sisters huffed and puffed, their erectile hairs stiffened. Their nincompoop followers raised the issue at the council meeting in question. But in the end it was irrelevant gums flapping.
Now for the fun part. Guess what? The identical issue had already been raised last fall by City of Palo Alto Councilmember Patrick Burt. About what? The issue was a controversial, City-created street closure vote! What are the odds? Mr. Burt inquired of the FPPC whether such a vote fell under the purview of the pay-to-play law.
Here’s the FPPC decision letter in the Palo Alto case.
If you don’t want to read the whole letter, here’s the conclusion:
CONCLUSION
No, decisions by the Palo Alto City Council to permanently close the specified downtown
areas to car traffic are not entitlement for use proceedings subject to Section 84308. The City
Council initiated the actions to close these areas permanently to car traffic. The facts indicate that
the interests impacted by the closures will be many and diverse. Furthermore, the closures were not
applied for, nor have entitlements for use been formally or informally requested by any party to
date, and the decisions do not involve a contract between the City and any party.
As you can see, the reply was succinct, and the answer was no, just like FFFF had said. Why didn’t Dick Jones know this? Why, indeed. This was a very important finding for those in the political arena – like Jones himself.
Poor Ms. Valencia was caused to publicly explain herself and her return of the campaign cash when she didn’t have to. That alone would cause me to cut loose the useless dumpster fire known as Jones and Mayer for their blatant incompetence.