Jan Flory Knowingly Voted Against the 1st Amendment

JanFlory-Official

It’s not often that a sitting politician admits to violating the rights of the people but we’re seeing a lot of firsts here in Fullerton lately and the issue of ethics is no different.

Let us start by reminding the class that councilwoman Jan Flory is only currently on council because Ahmad Zahra sold out in record time and put her there. Despite Zahra’s peacocking and preening as a man of ethics and great concern for the Constitution and voting rights – he showed us early on that he’s an empty suit.

Now in an amusing twist of events it turns out that not only did Zahra and the council vote to kick our 1st Amendment rights in the teeth – his appointee Flory knew that what they were doing wasn’t going to hold up in the courts.

In a recent article [HERE] in the Voice of OC, Councilwoman Jan Flory said the following (emphasis added):

Councilwoman Jan Flory said while she respects the First Amendment, the privacy of city employees is also at stake. Like Whitaker, she said she couldn’t speak about the legal advice given to the Council during closed session.

I think that First Amendment rights trump everything else, but I believe that Kim Barlow has done a good job in that the city also wants to protect Mr. Ferguson’s First Amendment rights,” said Flory in a Nov. 8 phone interview.

She said the First Amendment isn’t the core issue.

“That’s not what’s at issue here. What’s at issue is he (Ferguson) obtained records that are private,” Flory said. “Or have some implications concerning the confidentiality of our city employees as well as members of the public.”

Flory also expected the publication gag order to get blocked, at least temporarily, she said.

“Was I shocked by it? No, not at all,” Flory said.

So Jan Flory, as a lawyer, expected the gag order to get blocked?

On what grounds could it possibly be blocked? On 1st Amendment grounds, perhaps?

Why? Because the gag order against publishing was and is an illegal prior restraint against the 1st Amendment and as a lawyer Jan Flory might be familiar with this particular point.

Now according to The Other Dick Jones™ at the last council meeting the entire council, Flory included, voted for this 1st Amendment violating gag order back in September despite Flory expecting it to be shot down.

There you have it folks.

Jan Flory “thinks that First Amendment rights trump everything else” but that didn’t stop her from voting to put the boot of government on the throat of OUR 1st Amendment rights when it suited the CYA needs of the city.

While fully expecting the courts to slap the city’s illegal SLAPP lawsuit/TRO – she voted against the 1st Amendment on 17 September 2019 and then did it again on 05 November 2019. I’m sorry Jan, but your postulating about the importance of the 1st Amendment is meaningless when you yourself voted against Freedom of the Press not once but twice.

You care about the 1st Amendment?

SureJan

Where’s Whitaker?

Heads we lose…

It seems Fullerton has a new problem. According to Councilmember Bruce Whitaker, the City Attorney lied when he publicly proclaimed last Tuesday that the City Council voted 5-0 in September to initiate legal action against Joshua Ferguson, David Curlee, FFFF, and a bunch of Does to be named later.

Here’s how it is described by the Voice of OC’s Spencer Custudio:

Meanwhile, there are questions in Fullerton about how the City Council first authorized the lawsuit against Ferguson. 

At the Nov. 5 meeting, City Attorney Dick Jones said the councilmembers voted unanimously to file the lawsuit against Ferguson and the blog. 

“In an effort to clarify any Brown Act violations, the fact that City Council on Sept. 17, 2019, met on a motion made by Mayor (Jesus) Silva and seconded Mr. (Ahmad) Zahra, on a 5-0 vote, the City Council approved the filing of a writ to seek a temporary restraining order against the main defendants,” Jones said. 

But, that unanimous vote is wrong, according to Councilman Bruce Whitaker 

“When they say I voted to approve this lawsuit, I say that’s not true,” Whitaker said.

In fact, Whitaker was the only dissenting vote when the Council majority doubled-down on the lawsuit during the Nov. 5 closed session portion of the meeting. 

I never took Truth in law school…

Somebody is lying, and if I had to guess it is our City Attorney Richard “Dick” Jones. At this point I’m now wondering if a vote took place at all back on September 17th. It would be just like Jones to try to create a September “vote” to cover his wide expanding ass, when no real vote even happened.

Silence is golden…

Still, for somebody who claims he was maligned in public by his own lawyer, Bruce Whitaker was pretty damn passive when Jones made his comment about a unanimous vote. So who’s telling the truth? Who knows? But I bet it isn’t Dick Jones, who is neck-deep in the lawsuit his own incompetence caused, and by which he is actually profiting.

 

City Blows Off Brown Act – Until Caught

The shy City rodent finally emerges from its hole…

Yep, just as we surmised, the City of Fullerton illegally ignored California’s Brown Act – a law made to protect us citizens from our own government. I posted here about the secret agenda item and the lack of reporting out, as required by law.

dick-jones
Staying awake…helpful, but not required.

So a recap: on September 17, 2019, the City Council of Fullerton, hiding behind closed doors, both raised the subject of suing FFFF and Fullerton citizens, and then took action – both without a whisper to the public about what had happened in this filthy little Star Chamber.

Another good month’s billing of the suckers!

How do I know? Because in a Voice of OC story today, our grossly overpaid and incompetent City Attorney, Richard “Dick” Jones, said so. Here’s the proof:

And at this Tuesday’s Council meeting, Dick Jones, head city attorney, disclosed that the Council voted Sept. 17 to sue Ferguson over the documents.

It was the first time the city publicly disclosed the closed session vote, as required by state law, despite the vote happening nearly two months ago.  

“In an effort to clarify any Brown Act violations, the fact that City Council on Sept. 17, 2019, met on a motion made by Mayor (Jesus) Silva and seconded Mr. (Ahmad) Zahra, on a 5-0 vote, the City Council approved the filing of a writ to seek a temporary restraining order against the main defendants,” Jones said. 

I’m a bird, I’m a plane, I’m a lawyer. I’m a lawyer!

So two months after the violation, and with the local and national media getting wind of the unconstitutional lawsuit travesty, our esteemed City Attorney decided he’d better get his client to, you know, follow the law. In this case, the City has felt zero compunction about labeling us as unethical thieves while they themselves are completely incapable of doing anything competently or ethically.

 

 

Homing The Homeless Via The Illuminati

The Voice of OC has a detailed story about how our city council approved giving half a million bucks to something called the Illumination Foundation to acquire and operate a homeless shelter somewhere in Fullerton.

Provide Your Own Caption

As usual Jennifer Fitzgerald and Jan Flory pretended to care about the fact that the public has not been informed of the location of this place even though they know very well where it is. In the end they went along with their brethren Jesus Silva and Ahmad Zahra and voted 4-0 to commit $500,000 to this philanthropic endeavor (their philanthropy, our money). Bruce Whitaker was missing in action.

I really care about you. No, wait. That’s wrong…

Of course Fitzgerald is running for re-election next year in District 1, so we can be certain the proposed property won’t be anywhere near her house, or that of Flory.

The Taxman Cometh

There it goes…

Folks here at FFFF have been prognosticating a new tax for several years. Even as councilcreatures Jennifer Fitzgerald and Jan Flory lied to the public by telling them the budget was balanced, we’ve been watching the strategic reserve fund dwindle away to almost nothing, leveling off last year only because so many positions were vacant.

The fact is that ever-escalating “public safety” pay and benefits, and a ruinous CalPERS pension debt have created what budget bean counters call a structural deficit; meaning, that the annual red-ink baths are a permanent condition that you can’t weasel your way out of selling  marginal city-owned properties.

And so the harsh and inescapable reality has finally come home, like a wayward vulture, to roost. And harsh realities always trump the happy lies of politicians. It’s just a matter of time.

Silva 2018 Meddling

And that is why so many people have begun to hear stories that Councilcreature Jesus “Don’t Call Me Jeesis” Silva is sending up the trial balloon of a sales tax on the November 2020 general election ballot. The choice of that date is cynical since the General Election is will produce an electorate much more sympathetic to tax and spend policies of liberals like Silva, Ahmad Zahra, Flory and of course Fitzgerald. The seeds will be officially sown during the 2020-21 budget kabuki next spring. I am giving huge odds.

They always cleaned up after me!

It’s going to happen. Zahra and Silva are not up for re-election so they must figure they’re safe; Flory is the lamest of lame ducks, a flightless bird, in fact, and thoughtful Friends have already suggested that she was put back on the council precisely for an automatic yes vote on a new tax. After all Flory’s first love has always been public emplyees.

And this leaves Fitzgerald, an erstwhile Republican free to oppose the vote putting the tax on the ballot in order to unburden herself of running for re-election with the tax monkey on her back – exactly where it belongs.

The pieces are now pretty much in place. The only question is how much the FPD Culture of Corruption and their buddies lounging in the “firehouse” are willing to invest in their shakedown.

Why Keep Threatening Us?

For every problem that isn’t a nail, there’s a moron ready to swing a hammer.

20 Days ago FFFF got another threatening letter from the City that said if we don’t stop reporting news and telling the public the truth about what’s actually happening in their town, apparently there will be consequences.

We told them to kick rocks.

What really strikes us as odd is how hard the city works to solve real problems v make work problems.

If they’re willing to go after local journalists connected to a blog that city employees routinely insist that no one reads, one can’t help but wonder what wrath the city brings down on real problems.

Can we assume that the city also takes things like life safety issues impacting the public, police brutality and sexual misconduct, wasted tax dollars, theft by employees, recklass or perhaps drunk driving by employees, or total disregard for budget discipline, public trust, and basic fairness as seriously as they take shutting down transparency?

Oh wait, we don’t need to assume anything as we know exactly what kind of resources the city spends on those problems. None.

We know because we broke and covered those stories.

Maybe that’s what this is about. Maybe the City is tired of having a group of “chronic malcontents” embarrass them by telling the truth. (more…)

Profiles in Courage

During a quick stop at the on-line Fullerton Observer I read an article by Jane Rands about a dope forum held by the folks at NUFF – an organization of mostly geriatric liberals whose mission seems to be to promote safely pro-government candidates and causes. Aha, thought I, perhaps someone will stand up for the rights of the people of California who have voted twice for marijuana legalization and twice have been thwarted, whenever possible, by the Drug Warrior/Prison Industrial Complex.

Weed Tribunal

The three members of a panel, selected by who knows who, were Ahmad Zahra, Temp Fullerton Top Cop Bob Dunn, and some dude named Richard Ham about whom I know nothing.

Whatever hopes I had about this get together were quickly dashed reading the article. Smilin’ Zahra, it seems, once got a prescription for medical weed for his fibromyalgia, but was too chicken to try it. Scary stuff. Ever the wordy equivocator, Zahra seemed to be all for lots of regulation because gosh darn it, the kids have already been exposed to cannabis by illicit shops popping up next to schools.

The large and seemingly self-satisfied Chief Dunn, who used to be a spokeshole for the notorious Anaheim Police Department, gave the usual cop-blather about the evils of drugs (kiddies were getting into mom and dad’s digestible stash!) and reminding Fullerton’s tremulous seniors that drug driving is a crime. In typical police fashion he suggested that a confused public causes his boys “a lot of effort with little return.” Same ol’ bullshit the cops have been peddling for 60 years. In a grand gesture of philanthropy, however, he did let it be known that he and his posse intended to follow the law. Gee thanks, Bob.

The third member of the Dope Troika was Mr. Ham, a Korean business guy in some sort of hotel business. Good thing he was there, because somebody was able to point out the all the flaws in the present system where cities are allowed to opt-out of legalization and the ultimate consequences of California ridiculous 2016 referendum: the maintenance of an illegal, underground system of cultivation and distribution.

Zahra proclaimed the meeting a “good start” begging the question of why in the world anyone needs to start considering these issues. Why there is any confusion about marijuana in this state after over twenty years of legalization? It’s because the cops and the cowardly politicians don’t want clarity, they don’t want freedom and they don’t want to be deprived of the seizure asset income they get from the War on Drugs.

Mr. Zahra did accomplish one thing. Because of the presence of Mayor Jesus and Jan Flory he warned of the dangers of a Brown Act violation, chasing our stalwart mayor out of the room.

Enjoy Downtown While it Lasts

Downtown Fullerton

Fullerton’s City Council last Tuesday, as expected, voted to change the rules governing how bars operate in the city in order to facilitate having more bars and making them more profitable.

The crux of the change is that it was too hard for staff to do their jobs, and for the Police Chief to stop rubber stamping permits, so the city needed to change the rules. This time they mean to enforce them unlike the last decade+ they promise… kind of… well not really.

Not one council member got an answer of who was in violation of what rules they were changing and why it was so hard for community development, code enforcement and the police to use a checklist to sort it out and in fact Ted White’s answers on how Conditional Use Permits work negated his own arguments of the Title 15 change. But again, council was too inept and/or lazy to follow the logic of the change or to ask any real questions per the norm.

The council ALSO voted to launch a pilot program, which we all know will be permanent, for paid parking in downtown. This is a data driven program tracking who comes and goes how often and how long they stay based on license plate data. As we heard at the meeting the whole point was data, data, data and more data. You will be tracked and your data will likely be sold. It’s so data driven that the vendor, staff and council want you to punch in where you park even when you don’t have to pay for parking – just because you WANT to be tracked.

Data Breach

When council asked who owned the servers the vendor claimed it was a “cloud based server” and that’s where the questions stopped. We don’t know what data is kept, where it is kept, which servers are used or who our travel data is being sold to – all because council couldn’t be bothered to ask.

It was a pathetic meeting full of incompetence, malfeasance and laughable gaffs. The Other Dick Jones™ got torn into by both Fitzgerald and Zahra for how they can/can’t handle an agenda item and when the city clerk offered helpful info the council just blanker her. It was probably the worst example of governing I’ve seen in years.

Individually the council members didn’t do themselves any favors in the integrity or intelligence departments. (more…)

Chasing Rainbows

I noticed two things in the Fullerton Observer the other day that on the surface are pretty innocuous but that upon a little reflection seem to be symbolic of the way our city government has operated over the years.

AhmadZahra
Movin’ on up

The first is the City’s proclamation of Arab American Month, a first, and no doubt conceived by new councilmember Ahmad Zahra who is himself an Arab American. Here is Zahra:

“As an Arab-American myself, I’m very proud of this moment, and I’m proud of our city for being such a wonderful, diverse place where everybody can celebrate who they are but work together for what is best for our community.”

Diversity and celebration. Hmm. Well, okay, a little color toner and some quality legal-sized paper, a few minutes of everybody’s time and you’ve got your proclamation. Go in peace.

The second item is about the rainbow flag flapping on the pole in front of City Hall. The City Council in March approved flying the banner that symbolizes LGBTQ rights, etc for LGBTQ Month. Mr. Zahra is also gay and this may account for the fact that Fullerton has finally got around to this pressing issue. This is a bit more problematic because here we have an official endorsement by the City. Personally, I’m all for equal rights for everybody – including marriage, and I couldn’t care less if Jennifer Fitzgerald orders that a Goofy flag fly over the City Hall. Still, it gives one pause to consider the priorities of our esteemed leaders – nobody’s rights are threatened by not flying the flag; meaning, of course, that the whole thing is an empty gesture.

And this brings me, finally, to the point of this post. We have a city council that has spent us to brink of fiscal disaster with no accountability, no responsibility and no concern at all for the taxpayers and citizens of Fullerton. They have squandered millions on vanity construction projects that were mismanaged, unnecessary, or downright dangerous. They have let the streets of Fullerton become the joke of Orange County. They have turned over downtown Fullerton to a gang of scofflaw saloon owners. They have nurtured a deadly Culture of Corruption in the police department, an infection that reaches from top to bottom. Meantime they are determined to ignore any of the calls for a correction to the course they have navigated.

More negativity. Just think positive!

Ask yourselves this question: Are any of the real municipal problems of Fullerton ever addressed? The answer, sadly, has been no. Meanwhile, empty symbolism and diversion are the order of the day. It’s easy pandering, and to the uninitiated might even look like something is being accomplished.

The question whether hollow gestures are better than none at all, especially when promoted by incompetent or corrupt officials, may remain academic. What is a practical reality is that in a month or so Fullerton will begin its Annual Can Kick – known as the budget approval. But the can is getting more obdurate every year and the lies coming from Fitzgerald and Flory ever more outrageous. Soon we will be able to see what sort of new flags from Mr. Zahra and his colleagues will be run up the flagpole. Will anybody salute?

Fitzgerald Quits Fullerton City Council

I’m not telling the truth and you can’t make me…

Today Jennifer Fitzgerald announced her resignation from the Fullerton Council, effective immediately.

It’s a dirty job, but someone’s gotta do it…

“I can no longer even pretend to fulfill all the oaths I swore when I became a councilperson,” said Fitzgerald. “All the developer shakedowns, all the lies, all the influence peddling – I just can’t keep track of it all anymore. Balanced budgets, commitment to roads, honest cops – people want so much and I am so tired. I’m going to spend time with my family,” she stuttered weepily. “The evil has been backing up so much I feel I may burst.”

Mayor Jesus Silva responded to the announcement by saying ” I guess I’ll miss her helping me out at meetings when I started babbling like a boracho pendejo, but it will sure will be nice to have only one woman telling me what to do.”

Quick, get clear of the impending collapse…

Recently appointed Councilwoman Jan Flory had kind words for her colleague. “I’m going to miss Jen’ on council. To my lights she was the heart of the city and represents the very best commitment to service. We accomplished all sorts of things together – good roads, a successful downtown bar scene, an accountable police department, an unmatched string of balanced budges, effective and successful public works projects – you name it. She’s the reason Fullerton is where it is today.

Recently elected councilperson Ahmad Zahra was quick to praise Fitzgerald. “I thought at first  she might be, you know, difficult to work with after she called out my long-winded moral posturing on the council appointment deal. But, later, when the chips were down, and she was willing to screw Whitaker just for the fun of it, I was so happy to make the deal to be on the water board. It was a very successful transaction.”

The council will now have to decide whether to replace Fitzgerald by appointment or by special election. According to the City Attorney a special election in November could cost eighty trillion dollars, which might come close to unbalancing the City’s budget according to City Manager Ken Domer.