Of course everybody in City hall knew the dirty little secret. The illegal 10% water tax that was hidden by the confusing name of “in-lieu fee.” Year after rancid year the City Fathers and Mothers – from daffy and angry liberal spendthrifts like Molly McClanahan and Jan Flory, to supposed conservatives Dick Ackerman and Chris Norby blessed the scam and put their imprimatur of approval upon it.
Of course they knew, or must have suspected, that the 10% was nothing other than a greasy rake-off that made their jobs easier and rewarded their friends in the bureaucracy. And they knew, or must have suspected, that the various City departments were already charging directly to the Water Fund – in direct contravention to the purpose of the original Resolution that created the”fee.”
This means that because the City departments were already charging to the Water Fund, that cost too jacked up the tax. Double Dip.
And all that free water wasted by the City over the years? You guessed it: the cost jacked up the illegal water tax. Triple Dip.
The fee was set at 10% of gross water revenue, meaning that every time the commodity cost of water went up, or transmission cost went up, so did the absolute amount of the tax itself. Quadruple Dip.
Naturally, the water tax itself was considered to be part of the gross “cost” of the water works, meaning that as the absolute value of the 10% increment rose, so did total of the tax!! The true amount of the tax was 10% of cost plus 10% of the 10%!!! Which is why the tax was actually about 11% of the true cost. Got it? Quintuple Dip.
The defenders of the Old Culture of Corruption and its slimey shakedown want you to believe that everything is pretty okay, that no harm was done, and that refunding any part of this felonious rip-off would just be a big waste of everybody’s time.
Wrong. Accountability and responsibility have their cost. Sooner or later you have to pay the piper.
For 40 years the City of Fullerton has added a 10% tax to your water. The ostensible purpose was to pay for general city costs necessary to deliver water, like the City Manager and the City Attorney. In the beginning the rate was a small 2%. Then in 1970 the City Fathers realized nobody was watching and they bumped it to 10%. But the fee had nothing to do with infrastructure or anything else withing the purview of the Water Utility.
For the first 27 years it was just a scam – the City departments were already charging directly to the Water Fund – the 10% was just pure high-fat content bureaucratic gravy, ripped off from unsuspecting water users by ignorant and lubricious politicians and administrators; then in 1996 Proposition 218 was enacted, requiring that objective studies, approved in public, be the basis of these charges. At this point the annually rubber stamped water tax became illegal; but it was still there, happily rising whenever the cost of the water commodity itself went up – from 1997-2012.
In 2012 the City itself acknowledged the magnitude of the ill-gotten revenue – over $27,000,000 since 1997, a sum that went into the General Fund to pay for salaries and benefits of employees who have absolutely nothing to do with the procurement or transmission of water, as well as other fun stuff – like council junkets to four start hotels.
Last year, the previous council majority made a commitment to return as much of the graft as possible. The new council? Don’t hold your breath. Mrs. Flory, one of architects of the ripoff, and someone who, arrogantly, has never even bothered to proffer an apology for her heist, has claimed that the City can’t afford refunds of even the minimum amount prescribed by law.
Well, we’ll see how this plays out. In the meantime, stay tuned for Part II: How to Phony Up A Report.
It’s been a long, tough year of ups and downs and believe me, as a regular recipient of broomstick whackings from my former mistress, I know tough.
This year’s version will be, of necessity abbreviated since I have spent the past month undergoing a series of painful distemper treatments. And so I leap straight into the awards.
All that criminal stuff was just the result of complaceny.
In the category of Most Egregious Whitewashes there really was no competition. Register writer Lou Ponsi and the wanker who publishes FullertonStories were simply outgunned by the ridiculous “Gennaco” Report, a notorious mutual stroke-job between the City and the obscenely expensive stooge it hired to help make the Kelly Thomas murder go away. The various secretions of this pabulum outdid one another in saying nothing and studiously avoid naming names and demanding accountability. Too bad. But we know who did what and we know what it is: A Culture of Corruption.
FFFF added a new category this year, Biggest F-U From The FPD. There have been many instances of the usual arrogant claptrap, the one instance that caught the selection committee’s eye was the promotion of the egregious Andrew Goodrich, the department spokeshole who has been peddling self-serving half truths and outright fabrications for years as FPD P(Mis)IO. If any single gesture signaled that there was no internal self-reflection or repentence in the aftermath of the Thomas killing and the falsehoods peddled by Goodrich, this was it; and, also a sure sign that the continued reign of error will go on. Even Dan Hughes admitted it was a communications failure; and the failure was promoted. Got it?
A co-winner is in order, of course, to recognize the campaign conducted by Tony Bushala, a local hero, to root out the disease in the body politic known as the Three Dead Tree Stumps. And so we recognize the Great Fullerton Recall of 2012 that laid a 2-1 whumpin’ on the Ancient Regime.
I’ll turn any trick for five dollars and a bottle of Two-buck Chuck.
Speaking of Flory, here is the winner of the Best Campaign Sign of 2012, a terse yet eloquent reminded of who Flory will work for now that she has managed to slither back into office.
As expected, the new council voted 3-2 to begin “negotiations” with Dan Hughes to become Fullerton’s police chief.
Flory, Chaffee and Fitzgerald took their vote even as questions remain unanswered about Hughes’ role in the aftermath of Kelly Thomas murder, and accusations that Hughes himself was involved in an incident which is now the subject of a lawsuit against the City; and of course ongoing suspicion that Hughes has been an active part of the Culture of Corruption every step of the way.
Now watch ’em give away the store.
Oh, and yeah: you will not be getting a police oversight committee.
Yes, Friends, elections do have consequences. But you already knew that.
The results of the November election mean that the tepid and incompetent reign of Fullerton City Manager Joe Felz and City Attorney Dick Jones will continue as they preside over policies (or lack of policies) meant to evade accountability for your employees and electeds in City Hall.
Acting Chief Danny Hughes, the legacy boss of the FPD Culture of Corruption will soon see his title made permanent, even as the accusations by Ben Lira about Hughes’s direct involvement in cover-up and brutality, continue to swirl.
(No, you will not get a refund in any part for the illegal $27,000,000 tax that City Hall stole from you. But in the larger scheme of things, that’s small change)
I want to talk about justice.
In our State the cops can do damn near anything they want with impunity. Our spineless politicians have given them wealth, influence, and most importantly, virtually no accountability to anyone. The justice system itself, run by District Attorneys surrounded by ex-cops, has little interest in pursuing justice against their own allies, even when this means coddling the very perjuring cops that have scuttled many of the DA’s own cases. And when the cops themselves actually commit crimes, the law enforcement establishment immediately springs into action to defend the indefensible.
Think about what happened to Veth Mam. An innocent man was assaulted, arrested and falsely prosecuted. Fullerton cops knew the real truth and lied under oath to hide the fact that they beat up and arrested the wrong guy. Were there any repercussions? Of course not. Remember the Martinez kid who spent five months in jail thanks to the Fullerton cops? Well, Goodrich said everything was just fine – a slight error. Trevor Clarke says the FPD beat him, gave him a few sadistic “screen tests” just for fun, threw him in jail, and robbed him for good measure. Ben Lira says Danny Hughes was one of the instigators. Will anything happen? Not very likely, is it?
Let’s let the Albert Rincon case be our guide: we know that Albert Rincon serially molested women in the back seat of his patrol car. We know because of the depositions of just two of his victims (there are said to be a dozen). But the obscenity of what occurred, and importantly the roles played by Patdown Pat McKinley and Mike Sellers in covering up the whole mess, and worse, putting the creep back on the streets shall never be known. Why? because there was a settlement; a settlement approved by by-then Councilman McKinley himself.
The lawsuit settlement is the mechanism to hush everything up, from brutal and sadistic cops and an immoral FPD leadership, to a feckless city manager and city attorney who condoned the Culture of Corruption. If you wondered how the FPOA and the FPD/City Hall crowd could share a common goal, this is it.
And the path to settlement is the route no doubt most favored by Garo Mardirossian, the lawyer who is representing a whole slew of FPD/FPOA victims of brutality and perjury. For a lawyer a big payday without having to risk anything is a gift. And co-incidentally the same result will be a gift for Joe Felz, Pat Mckinley, Danny Hughes, Barry Coffman and the rest of the gang.
Your new council majority of Chaffee, Flory and Fitzgerald will make sure that Fullerton returns to the normalcy where no bad deed goes reported.
Of course it won’t be their money that goes to pay off Veth Mam and Kelly Thomas’s relatives. It will be yours.
In California victims have rights, too. Unless the perps are cops, it seems.
The other day the defense team of three of the cops charged in the murder of Kelly Thomas asked for, and got a time extension on their own motion to dismiss. You can read about in the Register, here, if you don’t mind getting a bit nauseous.
It is now 17 months since Thomas was brutally beaten by six Fullerton cops and left in the Fullerton Transportation Center gutter to drown in his own blood as the six goons got their scratches band-aided.
The District Attorney sure doesn’t seem to be in any big hurry, either, which might make a cynical person question his real dedication to prosecuting these malefactors.
As of yesterday, November 13th, Travis Kiger’s lead over Jan Flory had been reduced to 56 votes. According to the ROV there remain about 1500 mail in ballots and provisional ballots left to count.
It’s gonna be close! Will Fullerton move ahead or will it retreat to the bad old days of denial and unaccountability? Will Jan Flory’s Dog become a major player in the OC blogosphere?
It seems like I keep saying this. And it keeps being true.
The Old Guard Establishment that buried us under a mountain of unfunded pension liability, that stole almost $30,000,000 in the guise of a water “fee” and who created a murderous Culture of Corruption that abused us, stole from us, lied to us, and even killed one of us, isn’t going without one last, vaporous, noxious gasp.
Jan Flory disappeared ten years ago, run out of office after a two-term misrule that included overdevelopment, massive corporate subsidies, boondoggles galore, and of course, worst of all, the disastrous 3@50 retroactivepension spike. Now teamed up with the most obnoxious elements of the corrupt, unapologetic cop union, Flory represents the completely discredited Ancient Regime better than anyone.
Well, anybody but Flory’s old chum King Don Bankhead, recalled twice and so desperate, demented and disconnected that he still believes he has something to contribute to Fullerton besides the comical spectacle of falling asleep during meetings.
He’s the one on the right.
There’s somebody called Rick Alvarez running, who like Flory, has been hugely supported by the cops. This cipher is the last wheeze of the Ackerman repuglican tribe, a dying breed to be sure. No one knows anything about this drone, except that he appears to be willing to say anything to anybody. He is also supported by the Old Dems who see in him their main chance of stopping reform.
Then there’s a woman called Kitty Jaramillo who seems to be just what what the doctor ordered – in case you wanted a former city employee making decisions that affect her pals’ pensions. Cynically, she’s been dropped like a hot potato by those Old Dems and the cops who don’t want her siphoning votes from their candidates, and who wouldn’t support two latino-named candidates.
Another entry is Jennifer Fitzgerald who stood up to Dick Ackerman when he started tricking himself out for the cop union. But this sure seems like way too little, way too late: as Friends will recall she was a big opponent of the recall which speaks volumes as far as I’m concerned. Her backing by Ossified GOP clique is equally telling. Her employment is based on lobbying and political hackery – which for Republicans is a sure fire sign that they are for big government.
Are you sufficiently depressed, yet? Don’t be! You can do yourself a favor. You can support conscience and reform.
There is Barry Levinson, a guy who has been on the front line of reform for the past couple of years, and a man who wuold undoubtedly demand accountability in City Hall.
Jane rands has been at the forefront of reform in Fullerton, too, particularly about land use and cop brutality, which has not endeared her to the liberal establishment.
Finally I arrive at Travis Kiger and Bruce Whitaker, the incumbents. These two have accomplished more in four months than their predecessors had done in twenty-five years. They have finally ended the illegal water tax and they have demanded fiscal and practical accountability from the police department. Naturally the public safety unions are outraged and have spent a fortune attacking them. Why? because Kiger and Whitaker work hard for us, and the unions just hate that. They hate it a lot.
Yep. The choices stand in stark contrast to one another. You can go back to the depressing days of unaccountability and irresponsibility; the days when our police department spiraled out of control; the days when downtown Fullerton became a subsidized, open-air booze court; the days when land was given away to favored developers and City Hall looked the other way when it came to environmental impacts on the rest of us.
Apparently Alby Al Ricon was recently sighted at the Brea 24 Hour Fitness, giving Jan Flory a personal tune-up. At least that’s where our undercover Friend says she snapped this image.
