The Waiver

Gravity asserts itself…

Recently FFFF has been chronicling the goings on at the Fullerton Airport, specifically a lawsuit by a former tenant, AirCombat USA,  and the non-aviation commercial use by another tenant, Hangar 21, who is desirous of expanding its party venue. The two issues are only conjoined only because Hangar 21 was recommended by staff to move into the space that CombatUSA was kicked out of.

With enough fuel the party will get off the ground. An aviation use.

On Tuesday, December 5th, the City Council reviewed and approved the selection of Hangar 21 to occupy the space and signaled its intention to change the Zoning Code to legalize what is obviously not permitted under current zoning regulations.

The issue of Federal Aviation Administration approval of hospitality use was raised by Councilman Greg Sebourn. Fullerton Airport Manager Brendan O’Reilly, in a convoluted statement, finally got around to claiming that he had received a “waiver” from the FAA for using the airport for parties. He didn’t produce this document. Maybe we can help.

We know that back in 2014, O’Reilly communicated with the local branch of the FAA seeking advice on establishment of a non-aeronautical use in a hangar at our airport. Who this proposed lessee was we don’t know because we don’t have the attachments described in the written response from an LA FAA dude,  David Cushing. It may have been the establishment of a party venue known as Hangar 21 Venue.

Here’s what the FAA had to say:

Well, I don’t know about you, but I can read English pretty darn well. Once you strip away the cross-bureaucracy congratulations and the double-talk, the message is crystal clear: raise money to support the airport, but continue to keep non-aeronautical uses out of aeronautical areas. I don’t  know which part of an airport is non-aeronautical, but an airplane hangar ain’t it.

Is O’Reilly’s FAA waiver in reality the Cushing letter of October 2014? I can’t be sure, but that’s what the City provided when asked for documentation of FAA approval. If it is we may be heading for turbulence up ahead.

 

 

Where’s Dino? Part 2

https://youtu.be/a9KyMyo-fcA

A few weeks ago FFFF ran a post on the status on Dino Skokos, the FJC security goon and “disabled” former LA Deputy Sheriff who beat up and handcuffed a kid on campus in October, 2016. Right after the video of the event went viral, the district snapped into defense mode, placing Skokos on administrative leave and putting its lawyer to work on an in-house “investigation.” FJC President, Greg Schulz declared his dedication to reaching a conclusion of the incident.

The Schulz Factor: happy-looking but not credible…

The winter had passed; spring had come and gone. Summer was well along when in July, Schulz was directly confronted on the subject. In Schulz’s long and winding stream of nonsense a shiny pearl accidentally popped out of its oyster in the river bottom sludge: Skokos “was not going to be an employee of the district.

What that meant was anybody’s guess, and some, like me, were skeptical. Was Skokos still on leave? If so, why? Who knew?

So FFFF followed up on an earlier Public records Act request that had been ignored. When that was intentionally misunderstood we filed yet another one. And finally we finally got this:

According to this list, Skokos was on admin leave – meaning he was getting paid for doing nothing – until the end of September, two full months after Schulz said he was no longer going to be an employee of the district, and almost an entire year after he assaulted that kid.  And coincidentally (or not) that date corresponds exactly with the peculiar day projected earlier in the summer that Skokos was to come off administrative leave.

There was confusion on campus…

And here’s the last insult to public transparency on the part of Schulz & Co.: we have no idea whether Skokos is still employed by the district – whether at FJC, Cypress, district HQ, or at some other locale.

So how about it Greg? You promised a conclusion to this incident over a year ago. Did that promise include actually telling us about it?

In the likely event that no answer will be forthcoming from Schulz, you might try broaching the subject by our able and eager Trustee, Molly McClanahan, who has a long history of demanding accountability from her bureaucratic underlings.

Put on a happy face.

No, that’s not quite right, is it?

 

Our Amazon.com Problem

Anyone following my recent posts knows the City has a problem with proper usage of the VISA procurement cards.

Below, we have a door opener purchased by Fire Captain Bil Gallio and shipped to the family business — Gallio Motorsports.  Given the nature of the item, this may have been a legitimate City purchase and shipped to the wrong address.

 

Fullerton doesn’t have a centralized ordering point, or a designated person, for Amazon.com purchases.  Instead, employees order items for the City using individual Amazon.com accounts, which for most people, are probably used for personal items as well.  That means home and work purchases are co-mingled together in the same account.

That could easily explain items shipped to the wrong address if the employee making the purchase forgets to override the defaults stored by Amazon.

Lest anyone think I’m constantly throwing rocks without ever offering a solution, here you go:  Amazon Business for Government  Nearly every instance of improper spending could have been prevented using that tool.

Grant Funding: No Accountability

Fullerton’s increasing reliance on grant funding comes with one consistent problem — poor or no accountability across the board.  Last week, I wrote about the Police Department’s $3900 mini-freezer and was called out in the comments section as follows:

It was paid for with money from the state from Prop 69 you morons. You can purchase items that are related to dna collection. Google is your friend.

The commenter was likely referring to this notation where Captain Siko wrote “Prop 69 grant.”

Captain Siko, and the person leaving the comment, are both wrong.

They charged the freezer to special subprogram 6188, which is the Justice Assistance Grant 2016.  The page below is from the Chart of Accounts posted to the City website.

The Justice Assistance Grant is Federal funding offered to state and local law enforcement for various purposes.  JAG awards are not at all related to Prop 69 revenues.

Fullerton’s share of the funding comes via the Orange County Sheriff’s Department, who is charged with managing compliance.  No lawyer is needed to see that Fullerton has a compliance problem.  The full agreement can be found here but I’m going to post a few snippets below.

2. SUBGRANTEE shall be reimbursed with said JAG funds only for expenditures
necessary to acquire personal property or equipment as set forth in Attachment A hereto
[hereinafter called “grant property and equipment”] or to perform such other grant functions, if
any, for which Attachment A specifies that SUBGRANTEE may utilize grant funds.

8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully
bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E
hereto. SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not
abided or no longer will abide by any applicable provision of this Agreement or Attachments A,
B, C, D or E hereto.

15. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants
contained in this Agreement, including the applicable terms of Attachments A, B, C, D and E
hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the
grant. In the event of termination, COUNTY may proceed with the work in any manner
deemed proper by COUNTY.

Now would be a good time (more…)

Pay The Lady: Nepotism At Its Worst

Today’s ethical lapse comes to us courtesy of the Fullerton Fire Department.  See those shirts pictured above?  Fire Captain Brian Seymour ordered nine of them for some kind of “Peer Support”.

Once the use tax is factored in, we paid about $40 per shirt.

Check out the reconciliation report.  One can clearly see the purchaser was Brian Seymour.

Below, we see the invoice from the vendor, Linksoul, where the salesperson was Mary Seymour.  Wait a minute, that must be a coincidence.  No City employee would be foolish enough to use taxpayer money to purchase unnecessary clothing from a relative’s clothing business, right?

 

Mary Seymour is the Fire Captain’s wife.  Linksoul is a clothing company started by her brother.  A couple minutes with Google was enough to locate this article from Carlsbad Magazine with a quote about nepotism that couldn’t be more ironic under the circumstances.

Hinman, W. (2014, March & April). The Man Makes The Clothes. Carlsbad Magazine, 38-43.

So while the City of Fullerton prepares to be crushed under the weight of CalPERS pension obligations, we have people like Brian Seymour not just wasting our money — he’s sending cash to his wife’s family business.

Brian Seymour made $294,761 last year in pay and benefits.  Why didn’t he pay for these shirts with his own money?

Did anyone make him reimburse the City?   Whose idea were these shirts, anyway?  Perhaps most important is why didn’t it occur to Brian Seymour that sending money to the family business was improper, and likely a violation of City policy and/or State Law?

Thanks to a certain FFD employee for bringing this to our attention.  You know who you are.

(D)s Prioritize Higher Taxes Over Veterans

SQS-Brown Cemtery

Let us talk about priorities. Why has Sharon Quirk-Silva not re-introduced a bill for the Veteran’s Cemetery in Irvine?

Sharon Quirk-Silva introduced a bill into the Assembly for the Veteran’s Cemetery in Irvine (AB409) which never even got a vote in committee.

The (D) Super-Majority outright ignored it. Her bill was later rolled into SB96. SB96 was a budget “trailer bill” which is basically an empty bill that is passed by the Senate with one line to be “Gutted” and a new bill full of legislation to be “Amended” into it by the Assembly before coming back for a vote before both houses. It’s a procedural trick which violates the spirit of the law and the very premise of good and open government.

To complicate matters because the Cemetery was rolled into SB96 with 95 other provisions, one of which is also an appropriations item, it is unconstitutional not once but twice and once specifically owing to the provision for the Veteran’s Cemetery itself. (more…)

Six Years Later, Killer Cicinelli Still Trying to Get His Job Back

Don’t let the picture fool you.

Some things, like toenail fungus, never seem to go away. And one of them, apparently, is Jay Cicinelli. He is the disabled, one-eyed Fullerton cop who, on the hot July night in 2011, gently kicked Kelly Thomas in the head with his knee and compassionately smashed his face with a taser. At least that’s how Cicinelli’s lawyer wants you to remember it.

Suddenly I was on the floor looking up at Officer Rubio.

The City fired Cicinelli and his pals Manuel Ramos and Joe Wolfe for violating police department policy. Of course on the witness stand FPD’s genial Corporal Punishment T. Rubio exonerated the behavior Ramos, Wolfe and Cicinelli by contradicting his own department, and thus giving a brain-dead jury ammunition to acquit the three of the criminal charges brought by our useless DA, Tony Rackaukas. Of course Rackaukas had every opportunity to skewer the integrity of Rubio who sure seemed to be committing perjury, but the DA didn’t. The whole episode appeared to be nothing other than a grand plan to obfuscate the reality of what happened to Kelly Thomas.

Anyhow, the actions of Cicinelli and their relation to department policy seem to be key in an appalling effort by Cicinelli to seek reinstatement to the FPD, and to no doubt rake in five years worth of back pay and benefits. Well, this is California and the cop unions have us by the proverbial balls, so Cicinelli’s reinstatement is not only plausible, it is highly possible, proving what little control the people have over their “public safety” employees. Here are the relevant docs. Try to keep your last meal down.

Jay Cicinelli v Fullerton Petition

Jay Cicinelli v Fullerton City Council Response

Jay Cicinelli v City of Fullerton Response

 

 

Fullerton PD Still Selectively Enforces the Law

In the last week or so Fullerton P.D. has been making it extremely clear that they take D.U.I.s very, very seriously.

This isn’t really news as the City Council regularly helps present M.A.D.D. awards to officers with the most D.U.I. arrests.

 

Fullerton Mayor Greg Sebourn, third from left, with Fullerton PD officers being honored for their contribution in getting drunk drivers off the road.
Photo by Steven Georges/Behind the Badge OC

There is very little sympathy for people who make the stupid decision to drink or do drugs and then drive. This makes sense as when you do so you’re putting not just your own life on the line but are risking the lives of anybody in your potential path.

The however, of course, is if you make such a colossally stupid decision and happen to work for the city.

Were drinking or drugs involved in the January accident and circumstances around the rolled Parks and Rec vehicle? To this day we have no information.

Better yet is if you happen to be one of the high priests of local government. City Manager perhaps. Then you can “take a wide turn” while smelling of alcohol with near impunity.

Dearly Departed Sappy McTree

For those who may have forgotten, back in March Joe Felz was charged with one misdemeanor count of driving under the influence of alcohol and one misdemeanor count of hit and run with property damage. He was charged in relation to his 09 November 2016 accident where he “smelled of alcohol” after running over a tree. Instead of being cited or arrested he was given a chance to talk to the Chief of Police, Danny Hughes, before being given a ride home. Hughes also spoke to then Mayor Fitzgerald.

Thanks to denied Public Records Requests and the burden of suing to get information the city won’t legally hand over we don’t know who called whom that night or who ordered the cover-up and obstruction of justice. We don’t know who arranged to let the City Manager escape the crimes that Fullerton P.D. and City Hall are ever so eager to wield against the commoners. What we do know is the following:

Joe Felz smelled of alcohol and hit a tree.
Felz went on leave for two weeks before vacating his position.
Felz then let his job with the city over “Personnel Matters“.
Jennifer Fitzgerald had the sadz when he left.
The D.A. investigator in charge blew the whistle on a cover-up.
Felz’s D.U.I. case has been postponed twice.

We find out on Monday if former City Manager Joe Felz will actually be prosecuted for the crimes with which he’s been charged. We’ll be watching to see if the District Attorney has any interest in actually prosecuting one of the aristocrats in our midst. More likely they plan to keep continuing the case in the hopes that anger subsides and the status quo of corruption can settle back into place. The worst thing that could happen to the Fullerton Police Department, and the sycophantic City Council, is for the truth to come out so the smart money is on a plea deal or a dropping of charges.

Something to keep in mind here is that our City Council has been silent on this whole fiasco. While it is true that the Felz case is still pending, 9 months after the accident, there is no such investigation going on with F.P.D. and the alleged cover-up. Nary a word has come from Council or the City Manager’s office. This council, all 5 of them, are perfectly fine with police corruption and a total lack of oversight. They could have demanded oversight before hiring a new chief. Or before hiring a new City Manager. They didn’t even bother to address the issue. These 5 are more worried about angering the F.P.O.A. campaign monster than doing the right thing. To add insult to injury the thin blue line would rather wallow in their own corruption than oust their “bad apples” once again proving that the whole bushel has rotted.

Nothing changed after Kelly Thomas died and nothing has changed after Joe Felz’s wild ride.

We’ve been waiting to be proven wrong on this issue. We’ve been waiting for council to demand accountability. We’ve been waiting for the council to demand oversight. We’ve been waiting for the brothers and sisters in blue to step out of the shadows and tell the truth. For 9 months we’ve been waiting and it looks like we’ll be waiting forevermore. For all of the pomp and circumstance about public service and the public good it is once again clear that our government institutions and those inside it are interested in anything but.

Paying for Todd Spitzer’s Lunatic Behavior

Everyday the people who run the County of Orange blow through so much dough that the amount of waste is incomprehensible to the layman. It’s incomprehensible to the County Board of Supervisors too, because of course, it’s not their money.

Funny plastic handcuffs graphic borrowed from Voice of OC

But then there are the examples, though relatively small, that truly give us cause to doubt the reason and the integrity of our County government. Thus the Todd Spitzer Wahoo’s Fish Taco incident that brought about a lawsuit that the County lost,  putting us taxpayers on the hook for the legal fees of the other side. Fees of $121,396 to be precise. Here’s the payout as reported by Voice of OC, who just happens to be the other party in the lawsuit.

Chairman of the Board of Supervisors Todd Spitzer gets emotional while reflecting on an incident more than 5 months ago at Wahoo’s Fish Tacos in Lake Forest. He handcuffed Jeobay Castellano and called police when the man would not stop trying to proselytize even when Spitzer told him he was a Christian.
///ADDITIONAL INFO: – Photo by MINDY SCHAUER, THE ORANGE COUNTY REGISTER –

Here’s the backstory: In April, 2015, 3rd District Supervisor (and now DA candidate) Todd Spitzer, took a loaded gun into the aforementioned restaurant and slapped handcuffs on a harmless proselytizer who was annoying him. A few moths later, word leaked out about this bizarre behavior and Spitzer, trying to put a positive spin on his weird behavior engaged the services of the County’s PR person, Jean Pasco  to help craft a press release that would make Spitzer look good and (ironically) cast the offending evangelist as mentally unstable. The memos and the PR draft never saw the light of day.

Nelson wears his game face, but the game was already over…

The Voice of OC got wind of the e-mails between Spitzer and Pasco and made a public records act request to get them. Request denied. Then The Voice sued to get the documents and the Supervisors, including our own Shawn Nelson, endorsed the ludicrous idea that these documents could somehow be legitimately withheld from public scrutiny. Voice won in court, got their documents and ran their story. And then this week the taxpayers of Orange County got stuck with Voice’s legal tab – over $120,000. Again the Supervisors, including Nelson, voted to make us pay for their idiotic decision to protect one of their own club from…us.

The politicians are always telling us about their dedication to public service. But if anybody ever needed a perfect example of how they will use our money to protect themselves and their employees, he need look no farther than the Todd Spitzer Wahoo’s Fish Taco Tale.

The Arrogance of Power

Just keep changing the rules until you win…

When you can’t win, just keep changing the rules until you do. That’s the mantra of the California Democrat party and bag men in the State legislature.

Let’s take the case of the recall against State Senator Josh Newman, who within his first few months in office caved in to the party bosses and voted to raise $50,000,000,000 in new taxes, the majority of which will be paid by the people who can least afford it – the working poor, old people on fixed incomes, students, etc.

The consequent recall effort proved so popular that 85,000 signatures were submitted in barely two months, and that caused a veritable panic among the Democrat elitists who run Taxifornia. What’s a limousine liberal to do?

Cheat, that’s what.

Exhibit A for the prosecution: Democrats’ use of the budget process to change the state’s recall process that was already well-underway in the case of Newman, making the recall process longer and more onerous – a violation of due process and civil rights if ever there was one.

Exhibit B for the prosecution: Democrats use of political operatives on the California Fair Political Practices Commission to relax the rules regarding campaign contributions to the target of the recall, paving the way for wealthy left-wing donors to prop up Newman.

We are used to the nonsensical rhetoric about the “appropriate” way in which recalls should be used (only when it suits the agenda of those who make such ridiculous arguments), but the use of government power to muzzle the electorate has to be seen as a much more sinister trend. If ever the politicians in Sacramento get away with using their legislative power to get rid of political opponents you can bet it won’t be the last time they do it.