Cops Croak Combative Chemise-less Chap

The following is a Fullerton Police Department issuance:

Fullerton Police Officers responded to a restaurant located in the 1300 block of S. Brookhurst Rd on March 6 at 3:01 am regarding two males that were standing at the front of the doors, possibly under the influence of drugs. The reporting party, who was the manager of the business, was concerned for the employees’ safety as they began to arrive for work. 

Officers arrived on the scene and contacted one shirtless male adult, who was uncooperative with Officers’ commands. The male began swinging a belt at officers as they attempted to contact him. Additional officers were requested, and once they arrived, they utilized a taser to attempt to subdue the suspect, which was ineffective.

The suspect continued to act erratically and was uncooperative as he refused to comply with officers’ commands. Officers then utilized a less lethal kinetic energy projectile and struck the suspect, allowing officers to take him into custody. At this time in the investigation, it is believed the suspect sustained a significant injury to the chest area as a result of the use of the less lethal kinetic energy projectile. 

Officers began life-saving measures while paramedics responded. The suspect was transported to a local trauma center, where he was later pronounced deceased. 

As is standard practice in Orange County, the Orange County District Attorney’s Office will conduct an independent in-custody death investigation. 

The Orange County Coroner will release the deceased suspect’s identity. 

It would be nice to take FPDs statement at face value, but given both the history of the department, it’s unreformed record, and the nature of police reports in general, it would be unwise to do so. I won’t comment on the propriety of this episode other than to point a out a few of the typical bias issues with the report that are clearly intended to sway public opinion in the police direction, regardless of the central facts of the actual encounter. We’ve seen it lots of times before in Fullerton.

It’s 3 o’clock in the morning at a restaurant, most likely the McDonald’s store, which is in the 1300 block of South Brookhurst. Two dudes are hanging out in front of the doors, as reported by the store manager, who is apparently concerned for the safety of his incoming employees, and who has called for the police. So far so good.

Except that the two are reported as being possibly under the influence of drugs. It’s also possible that they are not under the influence of drugs. And here’s where the narrative gets loosey goosey because we don’t know, and won’t know until the Coroner is done with the corpus delecti, oops, the body.

We learn from the report that the cops on the scene encounter “one male,” shirtless; male #2 presumably has decamped. The fact that the man is inexplicably not wearing a shirt at 3am is further non-evidence in the effort to direct us to the inevitable exculpation of the police.

We are informed that the man was uncooperative with commands. Not knowing what the commands were, we are left to assume they were legal commands. Mr. Shirtless, removes his belt and swings it at the cops as they try to “contact” him. Contact? Verbally? Physically? What for? Has he even broken any laws at this point? Your guess is as good as mine. Fearing for their safety (no doubt) the cops on the scene request back-up, which arrives. Is Shirtless still swinging the belt? Don’t know. But rather than physically restrain Shirtless, somebody decides he needs a Tasing as a form of attitude adjustment. Which, of course fails.

Now there are multiple officers on hand and Shirtless still remains uncooperative to commands and erratic, another subjective and loaded term. Is he still swinging the belt after the failed Tasing? Don’t know. Still no mention of an attempt at physical restraint by any of the multiple, presumably fit officers. At this juncture somebody decides to hit the man with a “less lethal kinetic energy projectile” which hits him in the chest. I don’t know what a less lethal kinetic energy projectile is, but I guess if you hit somebody in the wrong place (and I don’t mean the 1300 Block of South Brookhurst), you can kill him. In this case, the technique wasn’t less lethal.

The police offer “life-saving measures” that don’t work, either, and the man is hauled of to a trauma center where he is “later” pronounced deceased, although the wording implies that the death, not the announcement came later. We don’t actually know when the man died.

There are lots of specific questions about this encounter, such as several failed tactics and the possibility of escalation, none of which is offered in the press release. Will we find out? The DA won’t help with transparency and neither will the FPD. But, surely Mr. Shirtless has relatives, and the relatives will have lawyers.

Why Did Fullerton Aide & Abet Forgery?

Caution – ethical behavior narrows ahead…

It’s been 11 months and we still don’t have any answers, let alone accountability, over the forgery committed on behalf of the Florentine family with the apparent blessing of City staff.

For those new to this story, a fraudulent Conditional Use Permit “Master Application Form” was illegally modified to allow a tenet, Joe Florentine, to change the property rights of a property owned by somebody else.

When this story first came up, Dick Jones of Jones & Mayer, the City Attorney tried to run cover for the fraud by claiming that Florentine had standing to make changes to the property rights based on an old non-relevant case in San Francisco. What the City Attorney didn’t answer, and nobody on City staff has managed to explain to date, is why the City aided and abetted fraud and forgery?

Irrespective of the alleged ability of Florentine to request changes to his permitting, he didn’t have the right to falsify or forge a document.

Here’s the CA Penal Code on forgery:

Penal Code 115 PC

115 (a) Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony.

We know that the Master Application Form was falsified, there is no question on that front. The area for the “Signature of Property Owner” was illegally replaced with “Signature of Applicant/Use Owner”. (more…)

I’d Like to Welcome Jung & Dunlap to Council

Dunlap-Jung
Can these two help bring some accountability to Fullerton?

On Tuesday two brand spanking new council members were sworn into office and I’d like to welcome them to the reindeer games of local politics. So far I like these two men even if I was put off by many of Jung’s endorsements in the lead up to the election. Money in politics is money in politics so his voting record will ultimately be the stick by which to measure him.

My personal opinions aside I want to be fair and transparent here – I will call you out on unprincipled or ridiculous votes & actions. Bruce Whitaker is my favorite local politician and I’ve throw an axe or two dozen his way when we disagreed on items. I’m not a party person so I don’t look the other way for political expedience or make exceptions for bad behavior. I don’t care about team sports – I care about what is and isn’t just and right for the people being represented. Be good stewards of your office and don’t suckle at the teat of party or local corruption and we’ll get along famously.

I’ve already seen Jung & Dunlap take some flak online for how the Mayor Pro-Tem vote went down but that’s partisan nonsense. (D)s can’t claim the moral high ground and whine that Zahra didn’t get a largely ceremonial title when he himself denied that title to Whitaker just this past year. You reap what you sow and we here at the Friend’s for Fullerton’s Future take a certain joy in pointing these karmic events out.

Therefore, Council members Dunlap & Jung, welcome to Fullerton’s political arena from one of the city’s most [choose your own pejorative] chronic malcontents. Cheers.

I look forward, optimistically, to your tenure.

Ballot Argument Against The New Sales Tax

Leaving Fullerton City hall a lot worse off than she found it…

Pulled from the City of Fullerton’s website, here is the official ballot statement of opposition to the new sales tax proposed by our Mayor-for-hire. Jennifer Fitzgerald. If you think about it the tax proposal is a monumental indictment of the tenure of Fitzgerald and her yes vote, Jan Flory, on the city council. Employee pay raise after pay raise, unbalanced budget after unbalanced budget.

VOTE NO!
Ask yourself: Does the City of Fullerton need even more money from me? If this tax
passes, every time you make a purchase, you will pay 9% sales tax in Fullerton, the
second highest sales tax in Orange County.
The ballot measure title is deceitful. This massive tax increase is not dedicated to fix
Fullerton streets, which are rated the worst in Orange County by OCTA. Rather, the
money would go into the General Fund and could be used for anything.
This 1.25% sales tax increase would be permanent. It is general, not specific, meaning
the City Council could spend this money on salaries and pension benefits for City
Administrators and other City employees.
Over the past decade, Fullerton’s failed leadership spent nearly all revenue increases on
salaries and pension benefits:
Since 2011, sales tax revenue grew by 51%, property tax revenues increased 52%.
Between 2015-16, Council majority approved $19.5 million in pay increases.
Since 2011, the Council raised its two largest department budgets 41% and 55%.
In 2019 alone, according to Transparent California: 146 City of Fullerton employees
received over $200,000 in total compensation, while 51 employees received over
249,000 in total compensation. Fullerton pension recipients collected over $43 million.
The City has already increased water rates by a whopping 29% since June 2019, and is
scheduled to increase rates again by another 11% next July 1st.
The facts are: the City had plenty of money to repair our roads many years ago had it
adopted sensible reforms and reasonable, balanced budgets. Fullerton should already
have smooth streets and water pipes that do not routinely burst.
Vote NO on higher sales taxes!

Press Release – City of Fullerton – Notice of Data Breach

FULLERTON, California (May 13, 2020) – The City of Fullerton (the “City”) announced today that we’re too dumb to use Dropbox and that led to the internet having access to things we’d rather you not know about – such a pervert cop filming up skirts and having child porn on his phone while stationed at Fullerton High School, a Lieutenant in Fullerton PD having not one, but two, Internal Affairs investigations against her that we dropped in order to bypass Public Records laws (SB1421 specifically), employees stealing things and us cocking up the investigation so badly that they got away with it, a City Employee overturning a Parks Vehicle while likely under the influence and on and on and on.

This isn’t new, in fact most of it came to light against our will almost a year ago so none of this is recent but we’re calling it a “recent event” that “may have impacted the security of personal information of some City residents and employees” because that sounds better than “our lawyers, who we refuse to fire and stand behind 100% are too stupid to use Dropbox and they totally screwed the pooch”.

The City became aware of posts on a public website, we all know which one but we won’t say because reasons, which contained confidential City information – see the list above. The city immediately began throwing money around trying to figure out who to blame and how we can get away with avoiding any responsibility. During the City’s investigation, it discovered that we are in fact too stupid to use Dropbox. We’re calling Dropbox “an internal data storage account” because it sounds better but yeah it was Dropbox. We gave out the website (CityofFullerton.com/outbox) on multiple occasions, to countless people, made it a legal public record and then sued some guys and a blog because they allegedly clicked links we put their names on in that Dropbox account – again that we told them about.

We gave them access and ignored that we had total control over who could see what and then our crack team of bureaucrats, lawyers and IT professionals somehow missed that we were too dumb to figure out Dropbox from about 2016 through June 21, 2019. The investigation further revealed the data included copies of emails and attachments that contained certain protected information. Information we never should have put online in an unsecured fashion but you don’t pay us the big bucks and for our lifetime pensions so we’ll be smart – you do it because we extort it out of you by taking away your toys (the library, roads, parks, etc) if you don’t give in to our mercenary demands. As a precaution, the entire contents of the Dropbox account were reviewed to identify the information that may have been accessible online for all the world to access. The City provided written notice to those individuals whose information was found on Dropbox. However, a small number of files we uploaded to Dropbox between 2016-2019 we totally deleted and therefore were not recovered and were unable to be reviewed and now we have no idea who’s information we negligently put online for the whole world to find. Whoopsie.

What Information Was Involved? On October 25, 2019, a day after suing the FFFF blog over our cockup, the City provided written notice to a small number of individuals whose sensitive information was found on Dropbox despite knowing about it for months. However, because we’re dumb and deleted things, a small number of files we uploaded to the non-password protected, public facing Dropbox account (at CityOfFullerton.com/outbox) were not able to be recovered and now the City is providing this additional notification. The personal information that we may have totally put on Dropbox in the files we absolutely deleted may include your name, Social Security number, driver’s license number, payment card information, medical or health information, and/or passport number. However, the City is unable to confirm the contents of these files or whether sensitive information was present in these files because, again, we’re dumb and don’t pay attention to what all we put on Dropbox despite us giving that account out willy-nilly. Hey, we waste your money and you don’t say anything so we figured you wouldn’t mind if we did the same with your data.

What Are We Doing? Suing people to cover up our incompetency mostly. The City takes the security of our employee and citizen information very seriously. So seriously that The City put that information on a non-password protected, public facing Dropbox account (CityofFullerton.com/outbox) in violation of HIPPA, Dropbox Terms of Service, Legal Best Practices, Common Sense, etc. In The City’s diligence The City immediately secured the Dropbox account at issue by deleting everything because passwords and access controls are too hard for our IT department and lawyers to figure out despite The City maybe needing those things for our pending lawsuit and to find out what we put online. The City reviewed existing security measures as a byproduct of our Dropbox screwup and finding essentially none paid $541,000+ to a digital security expert to do what our IT department should have been doing all along –  ensuring the security of The City’s network and keeping our idiot lawyers off of Dropbox.

The City is also providing information about our stupidity and about the steps individuals can take to help safeguard personal information – basically just don’t trust The City to be competent.

In addition, the City is offering to spend more of your tax dollars to offer identity monitoring services through Kroll because nobody in The City pays a price even when it costs you over half a million dollars and counting.

What You Can Do. The City encourages individuals to remain vigilant against incompetent city staff and council members who would compromise your information while putting you at risk of identity
theft and fraud through gross negligence.

Under CA law, individuals are entitled to vote incompetent asshats out of office every election cycle and we strongly recommend throwing circus ringleader Jennifer Fitzgerald out on her ass along with Go-Along-To-Get-Along rejects Ahmad Zahra, Jesus Silva and Jan Flory should Flory’s corrupt self decide to grace us with another council run.

For More Information The City also encourages individuals to read our other press releases where we pretend that we didn’t get slapped down by the Appellate Court and that we’re winning this ridiculous case that we filed against our own watchdog citizens to cover our asses.

Again, at this time, there is no evidence that any information has been misused but we want to drag a few guys through the mud and hope that our infinite resources (your tax dollars which we’ll be taking more of soon) are enough to scare them into submission so we don’t ever have to take responsibility for our own government incompetence. After all, would YOU keep voting for City Council members (Fitzgerald, Zahra, Silva, Flory) who stood by lawyers as dumb as mentioned above OR who let a City Manager attack citizens in the courts and press while taking home $242,931.63 in 2019? We think not.

Yes on K Fraud Funders, Followers and Flounderers

No on J K

By now you Friends are well aware of the flaming crash and burn known as Yes on K – the $300,000,000 Fullerton Joint Union High School bond grab that was hammered at the March 3rd polls. Yes, we know about the scam: the last minute approval, the deceit and flim-flam, the illegal use of public facilities and personnel to foist this bureaucratic-inspired, taxpayer funded joyride on the public.

Maybe the worst offense by the educrats and their pals who worked behind the curtain for Measure K was the way in which the legal campaign reporting requirements were mysteriously dodged – no records of the Yes on K campaign were to be found on either the Secretary of State’s website, or on the Orange County Registrar of Voters’ pages. How come? We’ll never know because those in charge of such things don’t care and know they are shielded by a system that tolerates it.

But that omission spurred a complaint by anti-K activist Tony Bushala, whose complaint produced, finally, an actual record by the Yes On K Committee. Now we finally get to know who funded this dumpster fire, who organized it, and who profited by it.

First, let’s examine the names of the contributors. You’ll notice that there aren’t very many. And please note that there are are no citizens listed. None. Just parasites of the educrational system: architects and engineers, all. People who have been cajoled, sweet talked, coaxed into giving money – lots of money – to the cause.

Something called Ghataode Barron Architects got stuck for an amazing 50 grand. Let’s remember that name, folks. Another happy contributor was pjhm, a lower case sucker looking to make bank on our dime. And there’s an architectural consultant from North Carolina? Really? Our overpaid administrators had to work overtime to find somebody across the country , Little Diversified,that was dumb enough to be shaken down for a lost cause. Obviously, the Newport Beach office didn’t inform corporate about how little $49,900 buys you in Fullerton these days. Finally, let us not overlook PBK, another architectural operation that has gotten greasy-fat off over priced school construction.

Fortunately the campaign filings also reveal some of the educrats who got themselves reimbursed out of petty cash for “phone bank supplies,” whatever that means. Here they are:

Hmm. Will Mynster. Now where have I seen that name before? Oh, right Principle of Troys HS and an architect himself – an architect of illegal use of public school resources and property for campaign purposes. Renee Gates is an Assistant principal in the district. So is Dan Sage. So is Caroline llewellyn. So is Jacqueline Barry. So is Marvin Atkins. So is Marcene Guerro. So is Steve Garcia. So is Belinda Mountjoy. So is Katie Wright. So is Jill Davis. Adam Baily has graduated to full-fledged principal. Todd Butcher is the guy in charge of construction for the district – a guy whose livelihood depends on a flow of cash from these massive bonds. What these six-figure educrats were reimbursed for remains a secret, although one supposes that manning the phone bank as the campaign took on salt water required lots of pizza and red wine. The real point here, of course, is that the whole operation was run by well-paid public employees with a personal interest in the outcome – and no private citizens, at all.

Ms. Moss smiles. The suckers were in need of a little wallet lightening…

And finally we come to the campaign consultant, who, along with some unnamed bond salesman shares the credit for this fiasco, although we should be thankful for their failure.. The name is Clifford Moss, who charged the District, er, um, the Committee over $30,000 in “fees,” not counting what they raked in as overhead on stuff like crummy mailers and yard signs. Clifford Moss. Hilariously Cliff’ got their ass handed them by a local guy, Tony Bushala, who didn’t cost anybody else anything. And it looks like Clifford Moss’s Laura Crotty, who somehow managed to spend fifty bucks on name tags, won’t be bragging about her 2018 100% campaign win rate anymore.

The Yes on K campaign blew over a hundred grand, outspent the opposition 10 to 1 and still lost in the “Education Community.” For those in the business that might suggest a rough road ahead – almost as bad as Fullerton’s notorious potholes. But the K Committee left almost 90 grand in the locker room, so don’t be surprised Dear Friends if they don’t try to slip this onto a future ballot at the end of some little-advertised board meeting.

 

It’s All About the Kids. And Party.

what did that funny man say?

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.

Encouraging Children to Break the Law – That’s the Troy Difference!

Let’s start with Exhibit A.

California Education Code, Section 7054(a) which states in pertinent part:

No school district or community college district funds, services, supplies, or equipment shall be used for the purpose of urging the support or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the governing board of the district.

And now Exhibit “B”. This little enticement by The Troy Difference to break that very law.

High School Graduation tickets are generally limited to six tickets per student, which limits how much of one’s extended family can attend (and immediate family, if it is large enough). Giving out tickets based on their political beliefs is utterly repugnant, in addition to a violation of the law.

Now, there is one important caveat here: the Troy Difference is a PTSA organization and not, strictly speaking, the school district itself. Therefore the District could potentially claim that they had no knowledge of the offer when it was made and took appropriate steps to shut down the PTSA’s action and prevent them from following through.

Did they? Nope, not even close. The Precinct walk and the illegal promise proceeded as planned. Here’s the precinct captain at 9:00 am on February 22, 2020, well after the blowup over their campaign tactics (Exhibit “C”):

It gets better, as the volunteer states that “Ms. Gates” is more involved in the offer (Renee Gates is the Current Assistant Principle). Also, this does not appear to be the only Troy organization which has been making this pitch.

This is not the conduct of a campaign that is secure in their position. This is a campaign that is afraid it is losing and is willing to break the rules to prevent that from happening.

Vote No on Measure J and especially on Measure K.

The Barfman Cometh. Again.

If you feel like retching, please egress via the vomitorium…

Yes, Dear friends, it’s that time of the political season when we can count on the reappearance of our old pal, Barfman. Barfman has been making periodic visits to Fullerton ever since Roland’s Chi’s restaurant code violations finally caught up with him in 2010. Ever since then Barfman has returned to inform Fullerton taxpayers about particularly vomitous political campaigns. In this case it’s the horrendous and duplicitous Fullerton school bonds – Measures J and K that would cost the average homeowner $400 per year in new property taxes – even if the actual value of their houses goes down.