Trying to look passed all of the bullshit the city has thrown at us
Twice now the City of Fullerton has managed to baffle a judge with bullshit and get the judge to issue a prior restraint against myself, David and this blog stopping us from publishing “secret city hall documents”.
Twice now the city has boasted of their win only to be slapped down by the CA Appellate Court.
First they spiked the football during a 05 November 2019 City Council meeting where hack & pretend-an-intellect Ahmad Zahra threw softballs at City Attorney Kimberly Barlow to support their lies & defamation. This was the meeting where they tacitly admitted to violating disclosure laws (The Brown Act) by not properly voting & disclosing said vote to sue us prior.
A week later the Appellate Court sided with us on the publishing gag & slapped it down.
The second time a judge granted a prior restraint the city ran to the North Orange County Chamber of Commerce who pretended to care about the newsworthiness of the case & they issued a Press Release. Said PR was basically just a hit-piece against us with a laughable lie by City Manager Ken Domer who hasn’t once tried to settle this case despite his bullshit postering about wanting to work with us to “bring it to a close”.
That time it took the Appellate Court 10 days to slap the publishing gag down. Not only did they stay the prior restraint – they took over the case entirely by accepting our appeal.
Now we’ll wait to see what happens next as the Appellate Court hears both sides & makes a ruling. Will they side with Fullerton who claims we “plundered” their public, widely available, known about & non-password protected Dropbox Account by virtue of allegedly clicking links that even literally had my name on them? Or will the Appellate Court laugh at Fullerton for trying to bury us with litigation, fees and threats all to cover the incompetence they’ve admitted to in their own arguments?
I just took a quick tour of the required Form 460 campaign documents for the “committee” that is pushing for the $190,000,000 Fullerton Elementary School Bond measure on next Tuesday’s ballot. Sure enough, Schedule A, the contributor list for mid-January to mid-February was studded with district contractors, architects and other commercial hangers-on whose livelihood depends upon the goodwill of the administrators who no doubt illegally leaned on them to pony up. It was also turned in grossly incomplete and hopefully isn’t representative of the quality of homework turned in required by students in the district.
The list was also remarkable for the relatively few district employees willing to drop their proverbial dime to the cause a few dozen. Remember that the district has hundreds of employees who pull down $100,000 or more, annually. In some cases, a helluva lot more.
But what really caught my attention was Schedule G, a page of which I faithfully reproduce below:
Mardi Gras came early…
Here we see an “independent agent” named Rob Coghlan dishing out $3500 for fundraising parties at a couple of downtown restaurants. How amusing. Well, hell, I like a good time as much as the next Irish-American, but really, $3500 to try to to raise money? Or maybe it was just to recognize previous camp follower donors. Who knows? But I do know that Robert Coghlan is an administrator in the school district. I sure hope he hasn’t been working during company time to lean on district contractors or employees for donations to his cause; or that maybe he really likes depositions.
As you may have seen Paulette Chaffee got the much coveted endorsement of the “Fullerton Gazette“, a mysterious little rag that until her specific endorsement nobody knew existed.
Well, after a little internet sleuthing I discovered why there is no byline to their articles and no names associated with their masthead. It turns out that every single one of the non-Fullerton stories is purchased content from a site called PLR (Private Label Rights). I don’t recommend clicking the link, it’s ad central but feel free to see for yourselves.
PLR sells themselves in the following way:
“We believe content marketing for health and wellness professionals doesn’t need to be time consuming or complicated. There’s a faster and easier way.
“What we do is create beautiful done-for-you coaching resources that you can license, brand and sell as your own, so you can grow large and devoted audiences, without having to write everything from scratch.”
So not only is the Fullerton Gazette purchasing nonsense clickbait content, they’re purchasing “wellness” clickbait in an effort to pretend to look legit while boosting for Paulette. Allow me to show you the proof:
Fullerton Gazette Article
PLR Sale Page
Fullerton Gazette Text
PLR Text
It’s like that for every single non-Fullerton related “article” on the site starting with the very first one.
Here’s a quick rundown of some Fullerton Gazette articles from oldest to newest:
The original article from November 2019 on the website was the hardest to find because the Gazette author spelled Turmeric incorrectly which just adds to the hilarity of this copy editing fail.
Then we have another fun one because the original article had 9 ways to make the most out of a Bad Day but our Gazette copypasta expert managed to truncate it to 3 and mess the title up.
There you have it folks, the Fullerton Gazette’s prize worthy clickbait journalism as purchased on PLR for “credits”.
It’s quite clear that someone is paying for PLR content for the Fullerton Gazette. It’s also quite clear that someone is paying for content to benefit Paulette Chaffee’s campaign, possibly exclusively to benefit Paulette Chaffee’s campaign.
Just a reminder for all the social media experts on Paulette Chaffee’s publicly disclosed payroll, intentionally hiding campaign expenditures is a crime.
This blog has never been afraid to name and shame people monkeying with our local government. That said, if you’d like to contact FFFF and tell your side of the story before it gets out ahead of you and your information gets sent to the District Attorney and FPPC, the button is at the top of this screen.
This week FFFF and local hero Joshua Ferguson do battle in a courtroom with the defenders of incompetence and opacity – the City of Fullerton, represented by in incomparably stupid and corrupt law firm Jones and Mayer. The Voice of OC outlines the details here, so I’ll let it go at that, other than to remark on the sad state of affairs when a citizen is sued by his own government in retribution for what they did.
Usually money-ravenous school districts with their armies of six-figure educrats count on the voters in their districts to be either indifferent or stupid. At least 55% worth. That’s the level of support it takes to pass one of their jaw-droppingly expensive general obligation bonds, bonds that this March would cost the average Fullerton home owner a whopping $400 a year in new taxes.
I just saw this little gem on Youtube. If you think Pike County, Ohio is any worse than California, guess again. The fat, cowardly shit-stain swine who stars in this in-house video “resigned” but is subject to all sorts of criminal repercussions. In our state, this video would have been hidden and it would have taken legal recourse just to get an illegal brush-off by somebody like Jones and Mayer. Fat Fuck also has a couple of buddies watching him in operation. No dopubt two of the “good cops” we keep hearing about.
And if you think this sort of thing couldn’t happen in the Fullerton jail, you should think again – or better yet do some internet searches on people who have been physically brutalized by our boys in blue. And never forget the Fullerton jail death of Dean Gochenour, whose happy jailer and Brady cop, Vince Mater, smashed his DAR because, well, not because he was afraid of evidence getting out. Naw, it was just anger management issues.
Most of you, dear Friends, probably only know Fullerton City Attorney Dick Jones as the marblemouthed, incompetent, prevaricating boob whose own failure to protect City secrets has led to a city-attempted crack down on the First Amendment. You may recall he was also the stooge who sanctioned the illegal water tax in Fullerton for years.
But Mr. Jones’s manifest talents for acrobatics along the tightrope of ethics are well-known across the county.
The cities of Brea and La Habra buy much of their water from a “private,” non-profit middleman called California Domestic Water Company, an operation that wholsesales water to its municipal customers. The cities get to appoint their own board members to this corporation which has been fighting efforts to make these same members report their financial interests. And guess who is the Chairman of this Board? You guessed it – the ubiquitous Richard Jones, Esq. who also happens to be the City Attorney for La Habra.
So far so semi-benign, right? Except that California Domestic Water has a wholly-owned subsidiary called Cadway. And not surprisingly, the Cadway board is comprised of the exact same members as Cal Domestic. Oh, and, yeah, it just so happens that Cadway is a for-profit venture that also deals in water sales and trades in conjunction with Cal Domestic, and that paid out over $100,000 in five years to former Brea City Manager, and Cadway boardmember, Tim O’Donnell. It seems that Cadway rewards its operatives with bonuses for increased volume of water sold to its customers – the people of La Habra and Brea – an obvious conflict of interest that landed O’Donnell in hot water with the Fair Political Practices Commission for non-disclosure, and a paltry $500 fine.
Hopefully, The Voice will keep digging into this matter, including digging into what sort of benefits have accrued to our own City Attorney, Dick Jones.
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.
Things just keep on moving in the legal battles between us and Fullerton.
Yesterday the Hon. Judge Lee ruled that our two cases, Joshua Ferguson v. Fullerton and Fullerton v. FFFF, Joshua Ferguson, et al are related in response to our request for such a ruling.
As such we will no longer be gracing Judge Lee’s courtroom in Department C31 on 27 February 2019.
Currently we have a Status Conference regarding the City suing us on 12 Dec & a Case Management Conference on my Writ of Mandate case on 16 Dec in front of the Hon. Judge James Crandall in Department C33.
For context we argued, and the city opposed, the point that these two cases are related owing to them involving the same parties and general facts:
“[T]he two actions are based on similar claims, arise from the same transactions and events, and require the determination of substantially identical questions of law and fact. The CPRA lawsuit alleges that the City has improperly withheld records it claims are confidential or exempt from disclosure. The City’s lawsuit claims that in the process of responding to Defendants’ CPRA requests, it placed confidential or exempt information on its website, www.cityoffullerton.com/outbox. In both cases, the City has the burden to show that the documents are confidential.”
We’re of the opinion that the city’s case against myself and this blog is retaliatory owing to the fact that the city waited months to file their case and only did so AFTER I filed my Public Records lawsuit.
The city claims they waited to “secure their network” which is utter nonsense considering their own experts, in their own declaration, stated that the city needed approximately 30 days for the company Glass Box to fix their network (not Dropbox) vulnerability. Yet the city sent their original Cease & Desist email on 14 June, their letter to our attorney Kelly Aviles on 17 July and then they waited an additional 99 days to file their lawsuit against us on 24 Oct.
That’s a lot more than the 30 days recommended by Glass Box and sure is convenient timing. It’s even more convenient that the City had to vote “again” on 19 November “in an effort to clarify any Brown Act violations” when they refused to report out about their alleged vote back in September that Whitaker denies even took place.
I will be very surprised it the city does not attempt to appeal this decision to link the cases.
