The Yellowing Submarine

Things never looked better for Fullerton.
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.

Karma Can Be A Bitch

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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A Sober Take on the FPD & Joe Felz

I’ve gotten some praise and taken some heat personally for being a part of bringing this blog back online after it’s hiatus because anybody who knows Fullerton politics knows that F.F.F.F. has it’s fans and its detractors. When I found out that there was a new owner I was excited and more so when asked if I wanted to participate as F.F.F.F. gives me an outlet to continue the writing I was doing on my own site without feeling like I’m still running for office.  We were still in the planning stages when that memo from Chief Hughes popped up and now we’re off to the races.

We need to understand the context of this memo and why it matters lest the city sweep it under the rug and further erode trust in government.

To start we must admit that City Manager Joe Felz is culpable for his actions on the night of his accident but he is also culpable for the stain he has just put upon our city after 30+ years of work and it’s somewhat sad when a career might end in a downward trajectory. I barely know Joe Felz and up until now my interactions with him included me giving him grief to prove a lie the Mayor keeps telling about our roads. That said I have no personal animus towards him but the actions the night of the election by him and members of F.P.D. require due diligence and honest brokering of information which are two things constantly lacking from all levels government. For the sake of argument let us pretend that the most absurd rumor coming out of City Hall is true and he simply blew a tire coming around a turn and he was perfectly sober.

Felz himself, and the F.P.D. specifically, should have done everything in their power to remove any doubt or suspicion or wrongdoing to mitigate the allusion of impropriety, special treatment or worse. If he blew a tire and ran down Sappy McTree he could have left his car where it was and called AAA. He could have moved his car off of poor Sappy and parked and called AAA. Instead he decided to try and drive away and likely home. When Police arrived they could have done their jobs without getting the Chief involved until AFTER their initial assessments and inspections.

This isn’t armchair Monday morning quarterbacking or simple 20/20 hindsight because this is their job. Felz is the top man in our city and the F.P.D. has policy for this type of accident which we’ll get to in a minute. Everybody involved in this incident is paid handsomely to do their jobs and will help bankrupt our town with their pensions from these jobs so at a minimum we should expect that they do their jobs when called to a scene.

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The Chief is Gone Long Live the Chief

It’s now been a day since Chief Dan Hughes left us to go work for the Mouse. After all the praise he’s been showered with it’s time somebody said what too many of us are thinking and that’s that if the FPD stinks it stinks like a fish from the top down so we’re gonna take a quick look at the top.

hughes

First let us recall the letter to Joe Felz from Benjamin Lira outlining Hughes place in the chain of command corruption.

Dan Hughes didn’t think there was a problem with the FPD because he was a part of the problem and he certainly didn’t see a problem after he took over and made some changes that we can’t fully verify because of records laws and access that only our betters get. Some go as far as to claim he said the video of Kelly Thomas being beaten to death “wasn’t that bad”.

Dan Hughes was so confident in the goodness of his department that he was under the impression that only a vocal minority lost favor with the Police Department after the Thomas beating (Rincon, Mater, Major, Hampton, Nguyen, Mejia, et cetera). A vocal minority.

The actions of the FPD are what spurred the recall. FPD beat a man to death and then the council majority sat on their hands. Remember the recall? It led to three of those City Council Members being removed from office by a factor of 2-1. If only a vocal minority was against the Police than a even smaller minority was in favor of them going on this metric.

Hughes was the head of the Patrol Division at the time of the Kelly Thomas murder and said nothing as Spokesman Andrew Goodrich lied to the people of Fullerton about the boo-boos that FPD sustained in the process of their fucking up a guy, as Ramos promised, who committed the heinous crime of being homeless.

Manny's Boo boo
Manny’s Boo boo

Hughes was on the same police force that the Genacco report said suffered from a Culture of Corruption and he did nothing on record to stop it. If there was a Culture of Corruption he was a part of it for 20+ years before we could prove it existed to enough people to notice. To pretend that he wasn’t a part of the problem is naive.

On his way out the door we learn that the FPD arrested a couple for being victims of a crime based on the word of actual criminals because apparently police work, like looking at the video that exonerates the true victims, was just too hard for this pillar of our community and his reformed department.

We Also learned on Wednesday that Chief Hughes left a parting gift for City Manager Joe Felz. Felz got to get away with an alleged DUI, if nothing else he got at least got away with destruction of city property because we’re told, well nothing. We’re told nothing. The only reason you know anything about this story is because we here at FFFF got ahold of a memo from Danny boy himself. It’s all hush-hush and will remain that way during the closed session at council on Tuesday.

Speaking of secrets.

Did you know that we already have a new Interim Chief? You’d think we residents would be allowed to know who’s running our Police Department. Suckers. You’re allowed to know what they tell you you’re allowed to know and when they tell you if they bother to even tell you. The ink is probably already dry on the contract and we don’t even know if it was legally opened up to candidates. Wanna bet that the Council rubber stamps the new Chief behind closed doors too?

The good thing for Disney and their new VP of Dineyland Security and Emergency Services is that at least he’ll have fewer DUIs to cover up for his bosses now that the House of Blues has left Downtown Disney.

Fullerton’s Real Volunteer of the Month: the Taxpayer

Forbes Magazine has a very timely look at some of the highest paid city managers in California. Look who made the list at number 10?

img_1278-3

And note that this is before the $10,000 savings from having to avoid the cost of defending a potential DUI charge is factored in.

Of course this just scratches the surface of Fullerton Taxpayers’ generosity, because Felz is only our third highest paid public employee, and he was the fourth highest paid the night of the Sappy incident. The highest, of course, was the man who made sure he would never be charged in the first place.

Doug Chaffee owes us all his parking space for the next meeting.

Thanks to Jack Dean at Fullerton watch for the heads up on the full article from Forbes, found here: I strongly recommend reading the entire piece to get a sense of the scope of waste in California government in general.

Taco Tuesday. No, Wait, That’s Not Right…

Here’s a tidbit from Tuesday’s upcoming Fullerton City Council Closed Session Agenda. The Closed Session is where the council secretes itself away from public scrutiny to discuss lawsuits and personnel and real estate deals.

felzonagenda

#2 deals with the replacement of of our recently departed PoChief, Danny Hughes, who was last seen applying his fingerprints all over a case involving helping out a pal in serious trouble.

#4 deals with the “performance evaluation” of the very person Hughes helped out – his boss, City Manager, Joe Felz, who was seen early Wednesday morning swerving down Glenwood Ave on his rims, after ploughing over a tree in the parkway, unable to negotiate the intersection at Highland Avenue in a, um, er, ahem, competent manner.

Things were going smoothly. At first.
Things were going smoothly. At first.

I’ve got it on pretty good authority that item 4 was agendized by the City Attorney; but at whose behest? Will the topic of Mr. Felz’s Wild Ride come up? How about the apparent cover up that is now being investigated not only by us, but by numerous mainstream media outlets?

Could there be action taken? If there were we would never know, because this is  “personnel matter” not a criminal one – as the very same City Attorney has informed the media.

“Personnel Matter” is Bureaucrat for “Misdemeanor”

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.

Dearly Departed Sappy McTree
Dearly Departed 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.

Fleeing the Scene?
Fleeing the Scene?

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

176ft Skid Mark
176ft Skid Mark

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

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Would You Like to Phone a Friend?

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.

fullerton-police-department-policy-manual

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.