Sharon Quirk, Poor Little Rich Girl and The Myth of the Union/Corporation Dichotomy

I was struck the other day by a post on the Voice of OC(EA) about Sharon Quirk that started out with Q complaining that there is now a target on her back by the GOP who want their Republican seat back. The rest of the post is the typical mush-drivel we’ve come to expect of the local media so I’ll let that pass.

What intrigued me was the absurdity of making yourself out to be a target by the very sorts of people who got you elected. What am I talking about? Check out this post from OC Political. Quirk got almost $300,000 funneled into her campaign account over the course of 18 days – laundered through various county Democrat Central Committees, including obscure Del Norte County – 800 miles away.

As expected, a lot of it came from public employee unions. But a lot of it also came from giant corporations like AECOM, Blue Shield, AEG, and of course, our good friends at Disney. So it would appear that Quirk was obviously looked favorably upon by these corporate behemoths, despite their subsequent attempts to distance themselves from their odd gifts to distant Democratic County Central Committees.

Which brings me to the point of this post.

The whining lefties are forever complaining that the lavish benefits, pay and massive pensions showered upon public employee unions are somehow a necessary counterbalance to all the misfeasance and excessive compensation of those greedy private business exec bastards. Of course it was always a false choice, but that falsity has never been made clearer by the fact of big corporations bellying up to Quirk’s bar.

The fact of the matter is that big corporations like big government. They are comfortable with it; they profit from it. Whether Republicans or Democrats are at the helm matters not a whit. Think big corporate subsidies, tax loopholes, and onerous regulations that chase small businesses out of business and you will start to get the picture. Big business likes balanced government budgets, and if that takes raising taxes on the rest of us, so be it. The very last thing they want is a small government advocate like Chris Norby. Think OC Business Council and you will understand that these people have no interest in anything other than a smoothly run plantation. You and I are the coolies that make the thing run for the benefit of our overseers.

Or to put it another way, the public employee unions and the big corporations both regard the taxpayer the same way: we are just pigeons to be plucked.

It’s actually rather amusing that Sharon Quirk is trying to gin up sympathy for her re-election against the big, mean Republicans, even before she is sworn in. Her dim-witted supporter may fall for that. She really doesn’t have anything to worry about.

Just ask Mickey Mouse.

 

 

 

 

Welcome To Floryland

The closer you look, the worse it gets.

When you have an inflated sense of self-worth it must be hard to come up against a wall of objective facts that square with the reality everyone else sees. Thus narcissists and paranoiacs must concoct a narrative that seems to embrace those facts and yet tell the myth you want everyone to believe about yourself.

And so we have Jan Flory: a rigid, humorless, sometimes near-hysterical defender of an ideology that has placed California on the edge of financial insolvency. Think Greece.

Flory’s ridiculous muumuus and wooden beads are symbolic of a much more sinister problem: a fundamental dishonesty about herself and her corrupt mind set.

But don’t take my word for it. Lets examine Flory’s own Facebook rants. Like this latest, with added commentary by me.

DRIP, DRIP, DRIP

At 12:15 a.m. last night, the City Council took up the question of how to refund $7.3 million to people who overpaid their water bills in our city over the past 3 years. Mayor Sharon Quirk moved to continue the matter to the next city council meeting because of the late hour. Doug Chaffee concurred. Bruce Whitaker, Travis Kiger and Greg Sebourn voted to go forward no matter how late or how tired the council members. It also might have had something to do with the fact that the audience had dwindled to a handful by that time. So much for transparency and accountability.

Or it might have had something to do with the fact that hours and hours of time had been unnecessarily wasted by Quirk and Chaffee promoting the candidacy of Danny Hughes as Chief, despite the fact that the Council had already decided it wanted to do a wide recruitment instead of ramming home the inside goon. Transparency? Check. Accountability? Check.

Reality? If Flory is tired and can’t stay up past Murder She Wrote reruns on cable she shouldn’t be on any city council.

A little history first: To begin with, the water fee was never an “illegal water tax”.

Lie number one. Keep counting.

The water tax was first adopted in 1968 at 2% of the water bill. The purpose of the tax was to pass through to the ratepayers (you and me) the city’s cost of getting water to your tap. Fair enough. The tax increased to 10% in 1970. We had aging reservoirs, pumps and water lines that needed replacement and ongoing maintenance. The water fee was a way to do that.

Now that’s just another series of outright lies. But let’s not let the facts stand in the way of a good story, right? The 10% was originally cooked up to divert revenue into the General Fund to pay for the City Attorney and City Administrator. IT HAD NOTHING TO DO WITH ONGOING MAINTENANCE AND AGING INFRASTRUCTURE. Flory could have actually read the ordinance but that wouldn’t have been as fun making something up.

In any case there was never any accounting to see how bad the rip off really was, and in the old days water was dirt cheap, right?

In 1996, the California voters passed Proposition 218 which required there be a connection between a fee charged and the services rendered. In other words, you couldn’t just pull a number (like 10%) out of the air.

One truth accidentally tumbles out!

Proposition 218 was tested and upheld by the courts beginning in 2002.

Aha! Flory slips in a date to give herself an alibi for her own approval of the illegal tax for six years! Too bad that upon learning the truth she and her cohorts continued to steal the 10% each and every year for the next NINE YEARS. No talk about fixing the rip-off, apologizing to the ratepayers, trying to reclaim even a small mole hill of moral ground. Nope.

The Water Rate Study Committee was authorized by the OLD council long before the Recall to address concerns about the 10% charge to the Water Fund.

And at whose behest? Not city staff or you, Flory, we can be sure of that. It was political pressure that did it.

Ultimately, the study committee determined this summer that the city should have been charging in the neighborhood of 7% rather than 10% in order to comply with 218.

Another outright lie. The Committee determined no such thing. The staff-chosen consultant cooked up a phoney number to keep as much of the rip-off as possible including exorbitant rents paid to the City! Even Quirk said it was ridiculous!

The committee relied on the work of an independent financial consultant, Municipal Financial Services Group (MFSG), to determine the City’s cost in providing water to its customers, and outside legal counsel (Best, Best & Krieger) to make sure that the outcome comported with Proposition 218.

Independent? Now that’s just comical!

The results were even submitted to the Howard Jarvis Taxpayers Association that concurred with the methodology used in the study.

Wrong, again. But by now is anybody counting?

The NEW council majority threw all that out the window, disregarded the recommendations of the Water Rate Study Committee, and completely eliminated the “in lieu” fee. That will have the effect of reducing city revenues annually by $1.7 million which could have properly been charged by the city to bring water to our homes.

Let’s all gloss over the fact that no one has ever said a proper water rate shouldn’t cover costs of maintenance and infrastructure. If it doesn’t Flory has only her own beloved staff to blame – those same incompetent bureaucrats like Chis Meyer and Joe Felz who have let the City’s infrastructure go to hell as they feathered their own nests handsomely. In the meantime, the “in-lieu” fee had no legal rationale for existing since it wan an obvious triple dip. Step one was to get rid of it. Step two is find out what the true costs of running the water utility really is, and charge it to the ratepayers.

Because the city had charged its water customers 10% (rather than 7%), the Water Rate Study Committee found that the city had overcharged the rate payers the sum of $7.3 million over the last 3 years.

Once again, those were the cooked up findings of the hired “consultant.”

It recommended that the overpayment of the water fee be accomplished by an incremental transfer from the General Fund to the Water Fund to be used for infrastructure repairs,–something that desperately needs addressing. This would also avoid the City’s incurring debt to pay the debt.

Um, see comment above. How did the water infrastructure get so bad, Mrs. Flory? You were on the City Council for eight long years. Do want to take responsibility for that? What? Speak up!

What did the new Libertarian majority do? It voted to rebate the entire $7.3 million back to the rate payers. It is estimated that this will be a onetime payment of $100 to $400 per household depending on how much water was used during the 3 years.

The horror. Government giving back something it stole!

It’s an accounting nightmare for several reasons. The overpayment has to be calculated for each household in the city. Some residents have moved or died; thus, creating the dilemma of finding out where to send the money.

But Jan, are you saying your beloved staff can’t figure out a way to print and send out some checks? Hell, they manage to send out the water and trash bills every month.

Finally, the question of where the money is to come from must be determined. We don’t have enough in the General Fund to pay the lump sum. Staff suggested that a debt issuance might be necessary, with an estimated yearly debt service of $500,000.

Put away the violin Mrs. Flory. Step up and take your medicine. You and Bankhead and Jones and McKinley ripped us off for 15 years. YOU figure out how to make it right!

So now we not only have a decrease of $1.7 million in revenue, but we need to add $500,000 for debt service. This totals $2.2 million if you’re counting.

See, it’s all about government revenue, the altar at which the egregious muumuu clad priestess Flory worships. Yes we can count and we know whose balance sheet this belongs on – even though it’s on ours.

Last night, the council majority (Whitaker, Kiger and Sebourn) directed staff to find “creative ways” to pay off the debt such as selling off surplus properties. In other words, asking city staff to remove the rope the council majority had put around its own neck.

Wrong, again, Flory. They are asking city staff to do the right thing, and remove the rope YOU put around our necks for all those years.

Change on the Council cannot come quickly enough. Drip, drip, drip.

It’s coming all right. be careful of what you wish for.

Jan Flory Talks About Sex and Water

Correct. We do not want you to discuss sexy issues.

Okay this post is not about Jan Flory discussing anything remotely “sexy” because the thought of that…well, never mind.

The post is about her latest Facebook scribblings in which she opines on a subject near and dear to the hearts of Fullerton reformers: the illegal 10% tax on your water that the City collected for the past 15 years. $27,000,000 worth.

First I’ll start by stating what you could have already guessed. Jan Flory does not want you to get a refund of the theft. In her world-order the taxpayers are meant to be milked, not refunded.

Her assertion that the collection was “illegal” the past three year is a bad lawyer’s half-truth that amounts to a bald-faced lie, of course. It has been illegal for 15 years, six of them on her watch as a council person. The City has a legal opinion that it is only obligated to refund three-year’s worth of the theft. Not the same thing, is it? Of course Mrs. Flory is desperate to disassociate her name with the tax. Too late. She is on record in the 90s as having known it was wrong and doing it anyway.

Mrs. Flory and her ilk love footling committees, especially when they are selected by ozone brains like Jone, Quirk, McKinley and Bankhead. Even better are the “consultants” selected by staff who give them their marching orders. The “report” cooked up by the water rate consultant was so evidently bogus that it hardly needs to be restated. But I will: their goal was to gin up as much phony cost as possible to keep the bureaucrats greedy little fingers on that 10%. Flory may think this gives her cover, and under the old Culture of Corruption it would have. Not any more.

The 10% was expressly collected  to cover specific City staff costs associated with the water utility. However, it turns out that those departments were already charging directly to the Water Fund. Which is why I am happy to refer to the tax as an illegal theft.

And another point: it’s real easy to say that the illegal tax should be refunded to the Water Fund for capital improvements. That’s convenient, but immoral. The tax that was collected had nothing to do with infrastructure. Nothing. True infrastructure costs should be rolled into an effective rate for water transmission, a correction of years of mismanagement by Mrs. Flory and her cohorts that still needs to be done. Confusing these two issues is simply a convenient way for the perpetrators to hide their crime and their dereliction.

Now, let’s address the issue of the reserve funds, a subject that Mrs. Flory wants people to believe she knows something about. There is no need to empty these accounts to pay refunds. No, indeed. I find it remarkably disingenuous for anybody to assert this, especially given just two of City manger Joe Felz’s most recent “cost saving” measures.

First there was the egregious relocation of former Redevelopment personnel into General Fund departments for which they had no apparent expertise. Most recently the City contracted out your graffiti removal services for $120,000. Yay! Big savings, right? Wrong. The city employees were simply reassigned to other  jobs in the Engineering Department that were vacant. Net cost savings? -$120,000.

The City just missed an opportunity to shave a million bucks off its payroll costs. Of course, my point is that the General Fund is far from depleted.

Finally, in closing, I would submit that Mrs. Flory knows more about witching hours than any of us. However, if she doesn’t like staying up that late every other Tuesday night, then she has no business on a city council. And it’s really too bad that the Council is scheduling special meetings to attend to the people’s business.

Mrs. Flory’s little rubber stamp has been put away and locked up.

OC GOP Endorses Whitaker, Kiger

Last night the OC GOP Central Committee endorsed incumbent Fullerton City Councilmembers Bruce Whitaker and Travis Kiger for re-election in November.

From a practical standpoint that’s good news for Whitaker and Kiger. The party still carries a lot of weight in Fullerton elections as demonstrated by leland Wilson’s blow-out of Jan Flory in 2002, and even Pat McKinley’s razor-thin victory over Doug Chaffee in 2010.

What To Do About The Illegal Water Tax

On Tuesday the City Council is scheduled to discuss what they want to do about the embarrassing fact that the City charged an illegal 10% tax on our water bill for fifteen years, amassing a total rip-off that easily topped $25,000,000. The funds were deposited in General Fund and mostly went to pay for salaries and pensions of City employees that had absolutely nothing to do with the acquisition and transmission of water – the ostensible purpose of the levy. It even went to pay for four-star hotels for Councilmembers’ League of City junkets.

Some folks think reparations are due, in some fashion, to the rate payers that got ripped off. But how? A check in the mail? Lowered rates in the future? Repayment from the General Fund to the Water Fund?

The City doesn’t have $25 mil laying around, and rebates in the future for past indiscretions would certainly create inequities. Going back just a few years for reparations may be a logical and practical step. Repayment from the General Fund over time may be the only recourse and would certainly address the original purpose of the “in-lieu fee” which was the cost of delivering water to the people and businesses of Fullerton. However it should be pointed out that the the 10% that was raked off was never connected to the true cost of the water in the first place.

Another question to be dealt with is what is an applicable rate for miscellaneous City costs that are currently unrecompensed by the Water Fund? There isn’t much unaccounted for, and the “consultant” for the Water rate Ad Hoc Committee tried to cook up some phony percentage between 6 and 7 based largely on the cost of the City charging the Water Fund rent!

This raises all sorts of embarrassing questions about why the Water Utility was not permitted to acquire all this valuable real estate in the first place, dirt cheap, if now it is to be treated as a separate entity; and how a landlord can negotiate rent with his tenant when they are both one and the same person. In any case there is a new council that is a lot less likely to cave in to this sort of nonsense than the old stumblebums.

In any case, I want to mention a couple of things. First, the perpetrators of the scam need to be identified and chastised for their complicity in the tax: they would be all of the former councilmen of the last 15 years who let this happen; the city managers Jim Armstrong, Chris Meyer, and Joe Felz, who participated in the scheme and who either knew or should have known it was illegal; and let’s not forget Richard Jones, Esq., the City Attorney, who was there every single step of the way and damn well knew it was illegal. Second, Joe Felz’ obvious strategy of stalling and temporizing on this issue, aided and abetted by the Three Hollow Logs and Sharon Quirk, protracted the rip-off by another full year and compounded the problem even more, even as they knew the jig was up.

It should be interesting to see if any of our aspiring council candidates show up to share their wisdom on this subject.

What do you think?

 

I Know Awful, And This is Awful

Get a load of the sort of useless crap The Three Bald Tires are wasting their contributor’s money on, accompanied by another thoughtful “press release” by the slouching sloth, Larry Bennett. Hard hitting? How about comically pathetic?

ANTI-RECALL COMMITTEE RELEASES HARD HITTING

AD CALLING OUT SPECIAL INTEREST KING TONY BUSHALA

 Fullerton, CA – Today the committee fighting the Tony Bushala funded Fullerton recall released an ad   that documents Bushala’s $260,000 effort to buy the Fullerton city council.  “Bushala’s special interest money has polluted Fullerton.  His rent-a-mob has been disrupting city council meetings for months.  Many of the people he paid to collect recall signatures are now regular gadflies at city council meetings. This ad exposes Bushala’s sinister power play – using Kelly Thomas’ death – to advance his political agenda,” declared committee chairman Larry Bennett.

Yes, folks, the blithering idiots who paid for this pathetic video are the same clowns who have been squandering your tax dollars for the past two decades. It all makes sense now, doesn’t it?

The Lost Generation

Ah, dear me. I was just waiting for a last gasp from the old, die-hard liberals in Fullerton to oppose the political colonic flush Fullerton needs so badly; they didn’t disappoint. Check out this lame ad placed in the Fullerton Observer:

Predictable. We’ve already dispensed with the “recalls are for malfeasance” nonsense, here. Ironically, some might argue that cultivating a corrupt and murderous police force, colluding to keep an illegal tax, and giving away public property to campaign donors all rise to the level of “malfeasance,” but I’ll just let that pass.

What’s interesting in this list of names is that the average age is somewhere between 70 and 70 million, and that would take us back well into the Mesozoic Era.

A large meteorite was on the way...

These are the worthies who believe in City Hall heart and soul, no matter what idiocy emanates from it. These people sit on committees and even serve on the council itself whenever the repuglicans can’t stop them. They share a common love for government bureaucracies and processes, and more than anything else they believe in hollow platitudes and meaningless abstractions.

And where were these honorable men and women after a helpless, homeless man was murdered by their own police department? Nowhere near the protests, you can be sure of that. It just wouldn’t look good.

Proving That Old Dogs Can’t Learn New Tricks

Here’s the title of Sylvia Mudrick’s press release describing Tuesday night’s council action with regard to Fullerton’s illegal 10% water tax: “Council approves eliminating franchise fee on water rates.” That’s not true. Yes, the council voted to stop transferring the illegal tax to the city’s General Fund, but they most certainly did not approve to eliminate the franchise fee on water rates – just the transfer, which means we will keep paying the illegal tax into some sort of escrow fund until a Prop 218 hearing can be held – the Prop 218 hearing that should have been held 15 years ago! Of course in the meantime there is no legal requirement to hold a Prop 218 hearing to quit collecting the 10%; and it looks like Quirky and Whitaker got sideswiped on the scam that will put another $400,000 in the escrow account as City manager Joe Felz tries to cook up a scheme to hang on to as much of that annual $2,500,000 he can.

But back to Mudrick: of course she has been happily peddling pro-city baloney for years, and as a retiree she is still doing it, now as a double-dipper.

The worst part of the press release is the bogus recitation of the history of the water tax, conveniently omitting the fact that periodic complaints have been coming from citizens since at least the early 1990s. Syl would have you believe that it was the City that brought this scam to light and that they have been proactive. Wrong. The City has been hiding this massive scam for decades; the tax has been patently illegal since 1997,  and everybody in authority in City Hall knew it, a fact curiously omitted by our highly pensioned and still remunerated Public Misinformation Officer.

 

FOR IMMEDIATE RELEASE
PRESS RELEASE #09312               4/18/2012

Subject :Council approves eliminating franchise fee on water rates
Contact :Sylvia Palmer Mudrick, Public Information Coordinator, Fullerton City Manager’s Office
(714) 738-6317

The Fullerton City Council voted at its Tuesday (April 17) meeting to eliminate the transfer of a franchise fee charged on water rates in the city, effective May 1.

The water franchise fee was first adopted in 1968 when the council assessed a fee of 2 percent of the Water Fund as a means of reimbursing the costs to the city’s general fund for operating a water utility.  The fee was raised to 10 percent in 1970.

In fiscal 2010-11, the city’s general fund received approximately $2.5 million from the water franchise fee.

The franchise fee came under review in 2009-10 at the conclusion of a five-year water rate study.  At that time, the council formed an Ad Hoc Water Rate Advisory Committee composed of citizens who were tasked with studying all facets of operation of the city water system.

In conjunction with its action Tuesday, the council directed the Ad Hoc Water Rate Advisory Committee to study and make recommendations on a method for the city to charge for the direct cost of operating the water system.

In addition, the council asked the committee to make recommendations on a method for reimbursing citizens for the actual cost of the franchise fee paid for the past three years.

Further information about the council action may be obtained by calling the Fullerton City Clerk’s Office at (714) 738-6350.  Further information about the franchise fee and the water rate study may be obtained by calling the Fullerton Water Engineering Office at (714) 738-6845.

No Country for Old Men

UPDATE: I just re-read this wonderful post from my good friend Joe Sipowicz that he published last November. Damn. Read it. Savor it.

When you are done ask yourself whether or not, in good conscience, anyone can fail to endorse, help and vote to recall the Three Dim Bulbs.

– Grover Cleveland

There is a good essay in today’s Wall Street Journal by Holman W. Jenkins, Jr. about the sort of trouble individuals can get into when they act, or fail to act, to shield and protect the institution they represent. And, conversely, the institutions that invest too much credence in the all too fallible figurehead run the risk of failing to employ objective and rationale controls on the latter. As decades of affiliation pass, the problems becomes more acute. Age becomes the enemy.

Of course the writer is talking about Joe Paterno and the disastrous and disgusting pedophilic events at Penn State University. But he may as well have been talking about Fullerton, and about how, after the Kelly Thomas murder, when the public demanded clear, honest, and forthright leadership, their long-term elected officials gave them silence, obfuscation, falsehood, and comfortable retreat behind legal advice they were all too eager to embrace.

Don Bankhead, Dick Jones, and Pat McKinley signally failed their constituents by placing the protection of City Hall and the FPD ahead of their responsibility to do what they were elected to do: lead.  Did they ever even attempt to fathom any particle of the truth? Would they recognize it if they saw it? It hardly matters now.

At first it probably seemed easier to simply ignore the Kelly Thomas killing; a whacked out homeless guy versus Fullerton’s Finest? Strictly no contest. After all there was a fight; bones were broken; the bum was a thief; probably a drug addict; an internal investigation would reveal all. Sure, Chief, take your two-week cruise.

Indifference to the victim and the victim’s family, although demonstrating a fundamental callousness, was the least of their dereliction.

Later as the pressure mounted and the glare of the media spotlight became intense, McKinley and Jones began to utter incompetent and ignorant remarks for consumption by the nation and the world: facial injuries are not life threatening; far worse injuries were survivable; the Coroner cannot determine the cause of death.

As public meetings became rancorous they relied upon the monotonous drone of their attorney to explain to an outraged public why they were weak as kittens and powerless to control any part of their own police department.

And they refused to display any concern about why the FPD brass had permitted the cops to review and re-review the evidence that the public is not permitted to see; why their superiors made them re-write their reports of the killing; and why the culprits were permitted to return to duty as if nothing had happened. They ignored the fact that the police department spokesman had lied about cops’ injuries and had deliberately mischaracterized the killing to the public and to the City Council.  They never addressed the fact that the “internal investigation” hadn’t even started.

The police chief, freshly returned from his cruise soon wilted like an old lettuce leaf. His replacement was a 30 year veteran of the same department about which a string of criminal behavior had recently been exposed. Bankhead, Jones and McKinley refused to accept what had become obvious to almost every one else: something was fundamentally wrong in the FPD.

As the weeks passed, Bankhead, Jones, and McKinley seemed to hope that temporizing and protracted investigations by the DA and Coroner would cause the situation to just wither away. It didn’t. The protests for justice got louder. Their answer? Characterize the protesters as a lynch mob.

The most telling gestures of all were the damage control employment of an outside investigator, and the appointment of a hand-picked committee to address homeless problems, hilariously suggesting that the real problem was that the poor cops just weren’t properly educated about how to deal with the homeless. The concept that Kelly Thomas was deliberately killed seems not to have been seriously entertained by Bankhead, Jones, and McKinley. No. The Fullerton Police Department doesn’t do that. Fullerton doesn’t do that. We don’t do that.

When the DA finally brought charges of Murder and Manslaughter against two of the cops Jones expressed elation and McKinley befuddlement as to how two of his boys could stray so far from their training. But it was clear that the damage control script was written to write off the two and then retreat back into their insulated bunker.

And yet, by now the public now knew all about what the Three still refused to acknowledge: the embarrassing string of stories of drug addiction, theft, fraud, brutality, false arrest, perjury, and sexual assault by members of the police force. This serial criminality has been met with a stony silence from Bankhead, Jones and McKinley. Why?

Asleep. Fried chicken. Hey, where'd my halo go?

It’s because if they ever could, they can no longer distinguish right from wrong when it comes to protecting the institution that they have come to completely identify themselves with. Those Fullerton lapel pins that they so proudly wear have become a symbol of inertia, dereliction, and blind dedication to an abstraction of their own creation: their own delusional view of themselves and their City. It is a perfect representation of the bunker mentality.

As with a sick patient, denial and inaction will only cause the illness to get worse. The patient is the City of Fullerton, and in the now-ironic words of Dick Jones, it is having a grand mal seizure; we don’t want to let go of the patient, but we need to get it under control. Damn straight. The patient needs medicine, all right.

And the medicine is Recall.