Sometimes it’s hard to tell if government bureaucracies do the things they do because of incompetence, venality, or favoritism. In the never-ending story of Fullerton’s noise regulation all three seem to be uniquely intertwined.
What is inescapable is that the City of Fullerton has striven mightily to separate the issue of nuisance noise emanating from downtown outdoor areas from both enforcement and illegality.
A few thou here and there worked wonders…
In 2011 the ridiculous Transportation Center Specific Plan finally made it legal to propagate amplified outdoor music, thus making Jeremey Popoff’s Slidebar appear honest, although he still didn’t have a legal Conditional Use Permit. But the new regulations for noise had no more effect than Popoff’s missing CUP because the City – cops and code enforcement – refused to enforce the regulations.
A standup guy walking tall. .
What to do? Hmm. What about throwing the issue into a miasma of bureaucratic paper shuffling so that nobody would notice what you were doing, and downtown scofflaws could actually be absolved, de jure as well as de facto?
In August, 2014 the City tried this pitch with the idea that the Noise ordinance would be updated along with great swaths of the existing land use law to make thing, you know, easier to figure out. But downtown noise played a prominent part in the discussion, if not really in the staff report. The council approved noise studies as a mechanism, a cynic might say, to avoid cracking down on Popoff, Jack Franklin’s Roscoe’s, and their ilk, because that is exactly what happened.
I’m not going to do my job and you can’t make me…
2015 rolled around and the Community Development “professionals,” led by newly minted Director Karen Haluza, were again yakking it up about revising the Code. Well, these things take time, you know, and in the late summer of 2016 the City Council finally got around to passing Ordinance 3232, a revised Code, still, with intent of instilling commonsense and clarity. The definition of amplified music was scratched out pending future action.
But whatever the motivation, the ever-shifting sands of sound gave the bureaucrats, aided and abetted by the perpetual dishonesty of City Attorney Dick Jones, the pretext they needed to bat away complaints about the illegal noise – because the issues was under study and consideration!
New in town, but he caught on quickly…
The vicious circle took yet another revolution in June of 2018 when the Council was persuaded by yet another new planning director, Ted White, to pass a Resolution of Intent to once again revise the land use codes in the interests of commonsense and clarity. Of course the Noise Ordinance and downtown noise was actually a key driver in this conversation, too. Mr. White took it upon himself to introduce a new downtown noise map where any outdoor sound would be permitted; but, the standards – 70 decibels outside and 65 decibels inside – were not to be applied to the source, but to the sensitive receptor, and the burden of proof was clearly laid at the feet of the victim, not the perpetrator of the nuisance. The bureaucracy seemed oblivious to the Armageddon of Noise they were trying to create or the sensibilities of residents adjacent to the riot zone.
The Planning Commission was finally scheduled to review the latest iteration of musical chairs in November, 2018; but the discussion was mysteriously continued for three months until February, 2019 by which time two opponents of amplified music, Nick Dunlap and Ryan Cantor had been removed from the Commission. A coincidence? Who knows? Stay tuned…
Okay. What have we learned so far about Fullerton’s long and corrupt attempt to avoid addressing the problem of amplified outdoor music?
I’m not going to do my job and you can’t make me…
First we have learned that Fullerton’s “experts” in the Planning and Code Enforcement divisions have been serially uninterested in enforcing their own laws in an effort to appease and placate scofflaw bars in the financial sinkhole known as downtown Fullerton.
Second we have learned that you can’t make government bureaucrats do their jobs if they don’t want to do them.
Stop the noise, consarn it!
Way back in 2009 City Hall knew it had a problem on its hands as the metastasizing and illegal clubs began sharing their good times with everybody else. A “consultant” called Bon Terra was engaged to to a noise study and the City Council, at the time, voted to maintain the existing code that prohibited outdoor music.
But saying something and doing something about it reflects a mammoth void in Fullerton, and the bureaucrats in City Hall don’t give up on an issue until one way or another, they get what they want.
Yes, that is the answer!
And in 2012 they got a friend, Jennifer Fitzgerald, who was more than happy to run interference for people who had no qualms about violating the noise and land-use law.
You can take the douche out of the bag…
And so, over the next seven years, the Noise Nuisance continued, most notably at The Slidebar, a club that was illegally operating without a CUP. And even as the nuisance continued, the City embarked on a campaign to eliminate any restrictions at all. Complaints were invariably batted away by Planning Directors Karen Haluza, Ted White, and Matt Foulkes who, along with our egregious City Attorney, Dick Jones kept citing studies and new plans, and whatever else they could use as a pretext for doing nothing.
Matt Foulkes. The downward spiral is complete.
Finally by 2019, it became apparent that the goal was to permit an acoustic free-for-all in downtown Fullerton.
The Joe Felz Cover-up is nearly complete. Yesterday the officer, Jeff Corbett, who falsified his report, was slapped on the wrist for his felonious actions.
While we don’t know what happened in his Jury Trial, the bench trial ended yesterday with the judge giving him less time for lying in his official capacity as a police officer than you can get for contempt of court.
His attorney said this case, where an officer lied on a report, was more of a “political football than a felony”. Let that sink in. Lying under the color of authority isn’t that big of a deal in this system.
His attorney also claimed that Corbett was being prosecuted for his “opinion” that Joe Felz wasn’t intoxicated. What this defense attorney and judge ignored is that it took Corbett over an hour to conduct his “limited investigation” because, according to Corbett himself, the “back and forth phone calls” took too long. Those are the phone calls between Corbett, Danny Hughes, Jennifer Fitzgerald and lord knows who else.
So the powers that be were pulling strings for Felz to not get treated like any other DUI in Fullerton (hi MADD!) and Corbett went along with it by stating that an obviously intoxicated Felz (who plead guilty to that fact) didn’t seem intoxicated. The other officers reported that Felz “smelled of alcohol” but something something Corbett is hero and deserve.
The judge admitted she had no idea there was an independent investigation by RCS and she clearly didn’t know the facts of the case or she wouldn’t call this just a “sloppy investigation”.
The judge claimed there are a lot of politics involved and then claimed she was going to avoid the politics to “follow the law” but you cannot untangle the two in this case. Let us not forget that the Mayor and Chief of Police directed the actions of a police officer in relation to the drinking and driving by the City Manager. That the officer was on the up-and-up when he claimed to not think the City Manager was drunk under the law (after not doing a breathalyzer and waiting over an hour to conduct any sobriety tests) is laughable at best.
It only took 51 months, 14 days (or 1,567 days) for the illusion of justice to be handed down in the Joe Felz Sappy McTree Caper.
All in all he got 80 hours of community service, is required to pay restitution (that may not even exist), is required to pay $500 to the “victim witness” and Corbett can’t work in law enforcement anymore. Once this “diversion” is completed in a year the record will be sealed.
All that remains is for the body worn camera footage to be “lost” by FPD now that there is no reason to legally withhold it from the public.
Former FPD Officer Jeff Corbett, made famous for giving former City Manager Joe Felz a pass on his drunken driving, is back in court over his falsifying a report in that very incident.
He had a previous jury trial where… something happened? Now he’s back with a bench trial.
Watch live here:
Never say the wheels of justice move slowly in America – we’re only 4 years and 3.5 months away from the incident in question.
Here it is after 4 years of obfuscation by City Hall and Fullerton PD. Here is the 9-1-1 call from the night former City Manager Joe Felz ran over a tree and tried to flee the scene. Pay special attention to the squealing of his vehicle as it limps down Highland away from poor Sappy McTree.
You’ll recall that he was given a ride home by Fullerton PD and given a pass on his DUI thanks to the position of power he enjoyed. This treatment ultimately, thanks to this blog, led to the firing and charging of the responsible Fullerton PD Sargent.
Give it a listen.
Now we await the body camera footage and other records from the incident.
I can report, live at 1:30AM on Election Night 2020, that despite all of the alcohol consumption, partying, joy and/or tears over tonight’s results – Sappy Jr. is still alive and well.
In memory of that fateful night in 2016 we salute you Sappy Jr. Here’s to 4 more years of growth.
Entertainers and politicians are often cited as saying there is no such thing as bad publicity.
However, former Fullerton City Manager Joe Burt Felz is not a professional politician or entertainer, although his political machinations and his alcohol-induced behavior have been cause for entertainment.
You will certainly recall Felz’s now infamous “Wild Ride” in which the badly inebriated Felz took a wide turn on Glenview Drive, ran over poor Sappy McTree, and then tried to elude the cops on on three tires. His subsequent catch and release by a corrupt Fullerton Police Department is now the stuff of legend – and the cover-up of which is the cause of the City’s egregious lawsuit against Joshua Ferguson and this very humble blog.
Well it turns out Joe has been misbehavin’ and not following his court mandated service. His probation was revoked on December 6, 2019.
Oops!
A hearing to to review Poor Joe Burt’s violation was held December, last.
Who knows if Felz has ever bothered to delve into the mysteries of Victim Impact Counseling? And who knows if he got, or will get a pass because, after all, judges are just public employees in silly robes? And they always stick together.
Our esteemed City Council appointed lobbyist-councilcreature Jennifer Fitzgerald to be the new mayor a couple weeks ago. Supposedly it’s her turn again. How and why Jan Flory was appointed Mayor Pro Tem is anybody’s guess, especially since Bruce Whitaker and Ahmad Zahra have been on the council longer without appointment – supposedly the criterion for getting the job.
Zahra and Jesus Silva Quirk are no doubt angling to grab the mayor titlee when they run for re-election in 2022. They aren’t too bright, but they’re smart enough to count in four-year increments.
But the nasty machinations of our talent-free council are not the point of this post, merely a rolling introduction. What I really want to share is the completely self-serving and fraudulent mayoral bio Ms. Fitzgerald has placed on the City’s website, the first two paragraphs of which I reproduce here:
Mayor Jennifer Fitzgerald was elected to the Fullerton City Council in November 2012 and served as Mayor Pro Tem in 2014/2015 and Mayor in 2015/2016. In her first three years in office, Mayor Fitzgerald played a key role in several significant accomplishments, including a $3.5 million retroactive refund of water rate overcharges, public safety reform, a substantive increase in funding to repair the city’s aging roads and water infrastructure, and adoption of new transparency measures for public employee labor negotiations.
Mayor Fitzgerald represents the City of Fullerton on the Board of Directors for the Association of California Cities-Orange County Chapter and she is a Member of the Board of Directors for the Orange County Taxpayers Association. She is a former Metropolitan Water District Director, Past President of the North Orange County Chamber (formerly Fullerton Chamber of Commerce) and past Member of the Board of Directors for the Fullerton Historic Theater Foundation. Previously, she served the City of Fullerton on its Planning Commission and General Plan Advisory Committee.
It’s pretty bad that Fitzgerald is trying to take credit for the water refund she fought tooth and nail to minimize. It’s worse that she is trying to get gullible folks to think she has done anything about police reform , when in reality she has been an ardent defender of cover-ups for eight years – including hush-up settlements and even being implicated in hiding the drunk hit-and-run perpetrated by her buddy Joe “Wild Ride” Felz. The unkindest cut of all may be her bragging about “increased funding” for street and water infrastructure that she and her comrades let sink into a deplorable mess – the worst in Orange County.
At least this go ’round she omits her oft-repeated lie that she has balanced budgets, but her re-election campaign material will no doubt rectify the omission. I’ll be checking into that.
And finally I direct your attention to paragraph two, wherein the tone deaf Fitzgerald blithely recaps all the public money laundering agencies she has consorted with, peddling her wares as a lobbyist for one of the greasiest operators in OC – Curt Pringle.
Fullerton, like most departments, has a problem reminiscent of Serpico and this problem is years in the making. This problem is part of the story of the sordid “Culture of Corruption” that was documented after the Kelly Thomas beating. This veritable Serpico problem is a cancer within the system where once in uniform even good people turn a blind eye to corruption and stand idle as their unions and water carriers work to stomp on both people working towards and laws aimed at transparency.
For those unfamiliar with Frank Serpico he was an officer in the NYPD who stood up against widespread corruption and suffered for this crime against the Blue Wall of Silence. When he was shot in the face in the line of duty his fellow officers went so far as refusing to call for help.
This reverse Serpico problem is the common issue of Officers refusing to speak out, refusing to stand up and refusing to be good ethical humans for fear of reprisals from their brothers and sisters in blue.
Today I want to tell a story that should have been told some time ago – the tale of how ethics can get you fired at Fullerton PD.
I’d like to tell you about one Corporal Paul Irish.
You see, Corporal Irish was fired for dishonesty. A year or so ago I spoke to Paul and I was given copies of the files related to his termination. Honestly I didn’t know what to do with what he gave me and I sort of let it sit waiting for the time to really dig into it. Life, kids, you know the drill. That box sat in my garage patiently waiting for me to have time. Skip ahead and, well, the city cost me my job recently and I find myself with more time on my hands. So I got to reading.
To sum up hundreds of pages of paperwork — what Corporal Irish DID was, allegedly, tell his supervisors he was giving a talk on seat belt safety when he actually gave a talk on ethics. When they hammered him for his dishonesty on what his talk was about they ran a full investigation into the issue which ultimately led to his termination for more alleged dishonesty.
The transcript of the talk is [HERE] and the actual audio as recorded by Corporal Irish is here;
According to the information I have seen, these are the charges for which Corporal Irish was fired:
PSB #2014-72IA Investigation
Corporal Paul Irish
Potential Policy Violations:
340.3.5 (g) – within policy
340.3.5 (h)
340.3.5 (i)
340.3.5 (l)
340.3.5 (n)
340.3.5 (z)
Recommendation to Staff: Not within policy – Termination Approved
That’s a bunch of jargon so I’ll allow the Fullerton Police Department’s Policy Manual chapter on Conduct explain all that legal speak:
(h)Knowingly making false, misleading or malicious statements that are reasonably calculated to harm or destroy the reputation, authority or official standing of the Department or members thereof.
(i)The falsification of any work-related records, the making of misleading entries or statements with the intent to deceive, or the willful and unauthorized destruction and/or mutilation of any department record, book, paper or document.
(l)Any knowing or negligent violation of the provisions of the department manual, operating procedures or other written directive of an authorized supervisor. Employees shall familiarize themselves with and be responsible for compliance with each of the above and the Department shall make each available to the employees.
(n)Criminal, dishonest, infamous or disgraceful conduct adversely affecting the employee/employer relationship, whether on or off duty.
(z)Any other on-duty or off-duty conduct which any employee knows or reasonably should know is unbecoming a member of the Department or which is contrary to good order, efficiency or morale, or which tends to reflect unfavorably upon the Department or its members.
Remember, this all stems from Corporal Irish giving a talk on ethics that his supervisors didn’t approve of him giving and being mad at being “lied to” about said briefing.
This should be put into some context with current events in order to explain the aforementioned Serpico problem. When some cops are fired for seemingly trivial issues while others are given a pass for egregious conduct it sets bad examples. It tells Officers who to follow, which lies are okay and where things stand in regards to the Blue Wall of Silence. This is how a cancer grows in a department. A blind and subservient government is how it remains untreated and metastasizes.
This year, thanks to this blog, we learned that Fullerton PD and Fullerton City Hall worked to enter into an agreement in order to shield Lieutenant Kathryn Hamel from the disclosure of her crimes. The city was willing to stop investigations in order to protect her, the wife of Irvine Police Chief Mike Hamel, from any sustained findings of dishonesty which would have made her crimes public records under the CA law known as SB1421.
Currently there is an also an officer, Jeff Corbett, being charged with a felony for falsifying his reports as related to the drinking and driving of former Fullerton City Manager Joe Felz in November 2016. That Sergeant was only terminated after a friend of this blog filed a citizen complaint which triggered an investigation which led to a sustained finding of dishonesty. Only AFTER that investigation was concluded in September of 2017 did FPD open their own investigation and terminate Corbett.
These are current issues at the Fullerton Police Department as ignored by our current City Council, City Hall and police brass.
The hearings over Irish’s termination went through 2016 and well into 2017 while Sergeant Corbett was being given a pass for clearly violating department policy during the Felz incident. This is at best an inconsistent application of policy and a strong indicator of favoritism in the department – ergo, cancer.
If you think I’m being hyperbolic about comparing Paul Irish to Frank Serpico in premise, in the notion that the Department will crush one of their own to cover their corruption or incompetence – remember that I’m being sued, along with David Curlee and this blog, for allegedly clicking links and posting stories that showed police misconduct. Stories that showed the Kathryn Hamel deal. A story about a pervert cop at Fullerton High School that FPD and City Hall wanted kept secret. The city has never disputed those stories, or others – they’ve just demanded we remove the truth from this site while defaming us as thieves and hackers.
Your tax dollars are being used to punish us not because we allegedly clicked links and thus broke a federal law in the process. We’re being sued because we, yet again, embarrassed Fullerton PD by pointing out corruption and malfeasance and my records requests, if fulfilled as required by law, would embarrass them further. They’re using your money and the courts to intimidate and attempt to silence us because we again stepped out of line. We got in the way of the Blue Wall of Silence and both those in uniform and those in charge at City Hall are too self-interested and too cowardly to stand up for what is right. Too worried about their pensions, campaign dollars and cronyism to be ethical. They preach integrity and practice treachery.
Sadly the tale of Paul Irish is just another in a long line of such stories. A story of the government using it’s weight to silence dissent. A story about government arrogance crushing a voice even when it comes in the form of an officer talking about the things the Police Department hypocritically displays on their own walls. Ethics used during times of convenience are no ethics at all.
As many Friends now know, the City of Fullerton has decided to move on from bullying language to actually sue FFFF. Here’s a summation from The Voice of OC.
Domer. So much less there than meets the eye.
The City has also posted a ponderous press release on its website, written in the high dudgeon of a bureaucrat whom you suspect already realizes that diverting attention from his own bungling by blaming somebody else, may be harder to pull off than he had hoped. Here’s our $230,000 per year City Manager Ken Domer trying desperately to seize some sort of high moral ground:
“The City was forced into taking legal action to protect the privacy of current and former employees and the public, and to ensure compliance with applicable law to include the California Public Records Act,” stated Fullerton City Manager, Ken Domer. “We are working aggressively on behalf of those affected and took immediate actions to put in place a more secure information technology environment. These actions support our philosophy of transparent access to information while protecting confidential information from the unethical and illegal actions of a few.”
Now I don’t know about you, Friends, but I find the words “unethical” and “illegal” to be pretty funny tumbling out of the mouth of Domer, whose only aim in his short tenure in Fullerton seems to have been to fight a rear-guard action against transparency. Domer’s self-righteous indignation is comical coming from the lackey of serial liars on the City Council – people like Jan Flory who is, and always has been, dangerously allergic to the truth; like Jennifer Fitzgerald who has not yet seen an ethical barrier she couldn’t sidestep; and like Doug “Bud” Chaffee who was complicit in his wife’s phony carpetbagging address and stealing campaign signs she didn’t like.
The budget is balanced and the cops are tip-top. Or else.
We need only reflect on the way the City has bent over backwards to cover-up the scandal of Wild Ride Joe Felz to know that what Domer is peddling about is utter bullshit.
And as further proof (if we needed any), let us pause for a moment to consider the following snippet from Domer’s press release:
Based on evidence uncovered in our internal investigation and direction from the City Council, the City Attorney’s Office has now filed a complaint in Superior Court seeking a temporary restraining order against the involved Blog and its contributors.
Say what? Direction from the City Council? When O’ when did that ever occur? The issue of whether or not to take FFFF to court has never been publicly agendized and never voted on by the City Council. The subject has never been discussed by our marble-mouthed City Attorney, Dick Jones reporting out of Closed Session.
Domer says he has a “philosophy” of transparent access to information. His actions give us a crystal-clear view of what that philosophy really is: stall, hide, deceive, misrepresent, and ass-cover.
