Thanks to certain individuals for forwarding this our way.
Numerous officers within the Fullerton Police Department are receiving Grand Jury Subpoenas like the one pictured below.
Probably not a coincidence that the lucky recipients are, reportedly, the same officers on scene when former City Manager Joe Felz ran over the tree in November 2016.
You know what, I’d really hate to be former police chief Dan Hughes, or former Sergeant Jeff Corbett, right now!
Some of you might remember Fullerton’s previous attempt to deal with homeless persons at the train station. Those signs were removed not long after my blog post went live. Fast forward to this week, the City has tried once again with a different strategy — declare the train station a “Paid Fare Zone” with threats of citation and arrest.
This attempt isn’t any better, taking the form of a metal scarecrow decorated with words.
Neither Penal Code 602.1(a) or Fullerton Municipal Code 7.105.010 require a fare to be paid. The Penal Code section has to do with obstructing or intimidating a business and then refusing to leave when asked. The Fullerton Municipal Code wording is clumsy and ambiguous in its own way:
7.105.010 Trespassing unlawful.
It is unlawful for any person to be upon any publicly or privately owned property at any time, except upon lawful business, or with permission of the owner or person entitled to the possession of such property. (Ord. 2799, 1992).
I doubt that ordinance was intended to declare public property off limits merely on the basis of convenience, as they seem to be doing here. So it’s more than likely any attempt to enforce a “paid fare zone” under the guise of Trespassing would be decimated by a good, and maybe even a bad(!) attorney in court.
Nevertheless, this whole thing demonstrates an embarrassing amount of ignorance on the part of City Hall and the Police Department.
1. The “Paid Fare Zone” Must be Violated to Buy a Ticket.
A person wishing to buy an Amtrak or Metrolink ticket must access the platform — and violate the “paid fare zone” — before they’ve had an opportunity to look at the schedule board or buy a ticket.
Same story on the south platform, take five steps off this OCTA bus, and you’re immediately in violation.
2. Good Reasons Not to Have a Ticket.
Metrolink tickets have a 3-hour time limit on One Way, and the first segment of a Round Trip ticket. Say you’re traveling somewhere like Ventura or Palmdale with a necessary layover in Los Angeles. A ticket purchased too early will expire before reaching your destination, and subject you to a possible citation. People in this situation often wait until the very last minute to buy a ticket.
Amtrak tickets can be purchased on-board the train, meaning you won’t have evidence of a paid fare while on the platform. This is not the usual way of doing things as you would normally visit the ticket office. Nevertheless, they allow it.
Both Amtrak and Metrolink have e-ticketing options that allow purchase up to the last minute using a smart phone.
Any strategy that bullies passengers into buying tickets a certain way to comply with a “paid fare zone” is no good.
3. Passenger Safety.
Amtrak has two or three employees who remain indoors most of the time, and Metrolink has zero employees on site. There is no dedicated security or police force.
Until this week, a person traveling alone could be accompanied by a friend or family member dropping them off until their train departs. But now, fewer people allowed on the platform makes everybody less safe. Who’s going to call the police, or intervene in a bad situation, if a lone passenger is being attacked and nobody else is around?
Elderly or disabled passengers will have added difficulty getting around and hauling their luggage to the train. That’s because nobody is available to help. There are no luggage carts like at an airport, and no employees on an electric cart to assist. This is just another reason why a “paid fare zone” is a terrible idea. Instead of allowing a passenger’s loved ones on the platform to assist them on/off train and help carry their belongings, it’s just a matter of time before somebody falls and suffers a traumatic injury.
My friend took the photo shown above. The man in the wheelchair cannot wheel himself around and is dependent on others to help him.
How does the City expect people like him to get to/from the train when his caregiver must buy a ticket to legally be within the “Paid Fare Zone”? That’s not only ridiculous, but probably illegal under ADA laws that protect caregivers.
4. The Pedestrian Bridge is a Public Thoroughfare.
One of the justifications for building the pedestrian bridge in the early-1990’s was to connect the neighborhood south of the tracks with Downtown Fullerton so people didn’t have to cross the train tracks at ground level and risk getting hit by a train.
There’s literally hundreds of people who use the pedestrian bridge daily, many of them kids walking to/from Fullerton High School. But under the “paid fare zone” they too must enter the zone without a ticket and risk citation or arrest.
5. Railfans
People have visited the train station to watch trains and socialize with others for over a hundred years. There’s nothing inherently strange about it. Anybody raised in Fullerton was probably brought here by their parents at a young age to do the same.
There are small, informal groups of railfans who do this on a more frequent basis and congregate on the platforms various days of the week. Some of these groups include current/former/retired City employees. We also have railfans from other parts of the United States, Canada, Europe, and sometimes Asia who visit Fullerton just for this reason, and they frequent many of the downtown restaurants.
The regular Fullerton railfans are an extra set of eyes and ears for any sort of bad situation or suspicious activity. Railfans have pulled suicidal people off the railroad tracks, and have come to the aid of injured railroad employees or passengers before. They’ve also prevented high speed derailments at the train station by noticing track or equipment defects gone undetected. Many of the police calls for service originate with one of the railfans noticing something not right.
All of these things make Fullerton a better place, all at no cost. To expel them from the platform because they don’t have a ticket is foolish.
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The fact these signs are intended to drive the homeless away should be painfully obvious. There’s no other justification to put them up. My sources at City Hall are saying FPD Cpl. Dan Heying in his role as Homeless Liaison Officer, Dave Langstaff and Ty Richter in Public Works, the City Manager’s office, and Deputy City Attorney Ivy Tsai are all involved.
I’d like to believe this is an innocent mistake on the part of the City. But the speed at which the signs are removed (again) will be the real test.
Remember the OCDA investigator who faced the wrath of Rackauckas and his minions for suggesting former Fullerton Police Chief Dan Hughes be charged with criminal obstruction?
Abraham Santos and co-plaintiff Tom Conklin have recently filed a lawsuit in Federal court. Be sure to read pages 23-24 where it talks about our esteemed former City Manager Joe Felz and his wild DUI ride home. “JC” refers to FPD Sergeant Jeff Corbett.
https://www.fullertonsfuture.org/wp-content/uploads/2018/03/Santos-Conklin_v_Rackauckas.pdf
Enjoy!
Those who saw my post from the other day would probably be interested in Sonny Siliceo’s misdemeanor plea and sentencing documents.
Once the Orange County DA took the Felony charge off the table, Sonny readily admitted to making a false police report, among other things:
On 7/9/15, I was a police officer employed by Fullerton Police Department and on this date I did use excessive force by assaulting John Doe while acting under the color of authority. Additionally, I knowingly & intentionally filed a false police report with Fullerton Police Department in case number 15-44269, making a material false statement regarding the commission of a crime.
There you have it, everyone. Sonny just admitted to being a corrupt police officer. Now that he’s unemployed, one can only hope this is a positive step forward for the Fullerton Police Department.
The full document can be found here.
Former Fullerton Police officer Miguel “Sonny” Siliceo — recently fired by the department — yesterday pleaded guilty to a misdemeanor charge of PC 149, Assault and Battery by Officer. The conviction follows on the heels of a false police report filed by Siliceo accusing a man of resisting arrest.
What the Orange County DA press release conveniently left out is that Sonny was originally charged with PC 118.1, a Felony. As is common with criminal cases, a plea bargain of a lesser charge was offered to avoid going to trial.
And what a bargain it was. Not only did Sonny escape a Felony on his record, the plea deal ensured his CalPERS pension would be left intact.
Under California Govt. Code section 7522.72, a Felony conviction in the performance of official duties would have barred him from accruing additional CalPERS service credits after July 9, 2015 — the date of the crime.
Instead, Sonny remained on patrol until October 2016, and then on paid administrative leave for well over another year, all the while collecting a salary and accruing additional CalPERS credit. Given Sonny’s salary of over $100K, and under the 3% @ age 50 retirement formula, the time between the July 2015 date of the crime and his February 2018 termination guarantees him an extra $7,000 to 8,000 per year (maybe more) until the day he dies.
This miscarriage of justice will net Sonny, currently age 52, an additional:
- $283,977 to $324,545 — if he lives until age 82
- $422,814 to $483,216 — if he lives until age 92.
(figures include annual 2% COLA increases)
It is important to emphasize this is NOT the total size of his pension, it is the additional amount he will receive after the date of the crime he committed while on-duty. He gets to keep this money because he was convicted of a Misdemeanor, not a Felony.
Quite the deal in return for a measly 30 days in Orange County Jail and three years of probation. Crime really does pay when you’re a government employee and the DA has no desire to pursue a felony conviction.
The name Petropulos is long associated with Fullerton law enforcement circles.
John Petropulos was a Fullerton Police Officer between 1981 and 2010, rising to the position of Captain. He also taught for many years at the Fullerton College Police Academy. The chances are good that if someone you know attended the academy over the past decade or two, they know and have stories to tell about John Petropulos.
His son, Tim, was hired by the Fullerton Police Department in 2005 and was a Sergeant handling Internal Affairs. Many believed Tim would follow in his dad’s footsteps, until he and Cpl. Brad Fernandes jumped ship this past week for the Irvine Police Department.
Tim’s departure is noteworthy because his transfer to Irvine PD came with a demotion from Sergeant to Police Officer. Voluntary demotions are not unheard of, but certainly not the norm.
Adding to this strange turn of events, Irvine Police Chief Mike Hamel is currently married to Fullerton Police Lt. Kathryn Hamel, the sister of former Fullerton Police Captain George Crum. Having a loved one in law enforcement is apparently necessary for upward and lateral mobility these days.
Lest anyone from the FPD come forward to bemoan that Fullerton doesn’t pay enough, you should know that Fullerton has paid less than other cities for a very long time. This is nothing new. So why are Fullerton Police officers quitting in droves for other departments? Dan Hughes promised everyone for years this was now a reformed, and better-than-ever police department. If true, why wouldn’t people want to stick around and be part of that?
Nails. Coffin. Dan Hughes’ legacy as police chief. Meet your hammer.
Your Fullerton City Council majority — consisting of Fitzgerald, Chaffee, and Silva — made one of the worst decisions in recent memory last night.
Desperate to protect their pensions, and to keep pension contributions at a minimum, the Fullerton Police Officer’s Association (FPOA) approached the City about extending their contract. They voted yes.
CalPERS pension costs are skyrocketing as a result of poor investment returns, and far too optimistic rates of return. To “correct” this problem, CalPERS is demanding the City of Fullerton pay more in the years ahead. The table shows pension costs for FPOA members which consist of Police Officers, Police Corporals, Police Sergeants, and a small handful of non-sworn civilian employees, such as Police Dispatchers.
The table above uses the current fiscal year as a baseline (on the bottom row) to get a feel for the pain ahead. Beyond the current fiscal year, the projected pension costs for FPOA employees will cost Fullerton residents — at the very least — an additional $12.3 million through June 2022.
That’s $12.3 million of new money the City of Fullerton doesn’t presently have.
The timeline of the FPOA contract status is illustrated above with the agreed to “concessions” which are disingenuous at best. As noted, the contract extension runs to 2021 at the earliest, and possibly 2022 if FPOA decides to exercise that option.
You might be thinking to yourself, wait a minute, if their current contract expires June 30, 2019, why not negotiate a new contract at that time to get a better handle on the escalating pension costs? That’s precisely the problem. Instead of acting in good faith for Fullerton residents, council members Fitzgerald, Chaffee, and Silva rolled over to satisfy the public safety unions that paid big money to help them get elected.
The worst part about the FPOA contract, and the extension handed out last night, is the City cannot reopen negotiations to combat rising pension costs. The promises are now etched in stone through 2021 or 2022 regardless of what CalPERS does.
All very troubling, not just for basic principles, but because the California Supreme Court is expected to rule in 2018 on the so-called “California Rule” which prevents government agencies from reducing already promised pension benefits. The court’s decision will carry significant implications either way. If they overturn or modify the “California Rule,” Fullerton could have sought to renegotiate FPOA pension benefits upon the expiration of the contract in June 2019 and saved Fullerton residents millions of dollars. Conversely, if the “California Rule” is upheld, CalPERS will likely respond by further lowering the discount rate (assumed rate of return). A lower discount rate will cost the City of Fullerton tens of millions more in the coming years.
At last night’s meeting, the introduction of a new financial forecasting tool was presented earlier in the night, before the FPOA extension came up for a vote. The gentleman making the presentation noted that his model predicts a U.S. recession in the year 2020 — right in the middle of the FPOA extension. I was at the meeting and brought this up when it came time for the FPOA vote. I also pointed out that Fullerton’s brand new City Treasurer, who started on January 8th — just eight days prior — should be given a chance to review the FPOA proposal and offer his thoughts to the City Council. After all, the existing FPOA contract didn’t expire for another 18 months, so what’s the rush?
Council member Sebourn registered his opposition to the FPOA proposal, and then, without another council member saying a word, it passed with a 3-2 vote, Sebourn and Whitaker voting no.
Last night’s recklessness puts us a couple steps closer to municipal bankruptcy. When the Library is forced to cut hours or close completely, when Parks and Recreation has to shutter the community center, when Public Works has to stop paving streets and repairing broken water mains, you now know exactly which three council members to thank. It was failure on full display. As usual.
It is official — Tom Oliveras and Bob Dunn are the new Captains of the Fullerton Police Department.
They replace Danny Hughes favorites John Siko and Scott Rudisil, who, pension spike completed, decided to retire. Some in the department question the timing, openly wondering if new Chief Dave Hendricks helped to accelerate their departure. Don’t be surprised if they land new jobs at The Mouse. Dan Hughes pulled strings to get his buddy, Lt. Mike Chocek, a new job a Disneyland. Chocek abruptly quit in 2017 for his new position at Disneyland.
Oliveras has been with the Fullerton PD since 1992, and has kept a low profile all these years. That’s probably a good thing.
Bob Dunn is the fascinating choice, as he left the Anaheim Police Department as a Lieutenant, and was hired just days ago by the Fullerton Police Department as a Captain.
Why is this fascinating, you ask? Because FFFF’s biggest fan, Lt. Andrew Goodrich, was rumored to want the empty Captain seat. After completing a Master’s Degree in recent months from the prestigious Capella University, we’re told Goodrich viewed himself as the heir apparent for the Captain seat. That is, until he was blindsided by the hiring of Dunn.
Oh well, Andrew Goodrich is more than welcome to leave Fullerton if he so chooses.
Fullerton’s increasing reliance on grant funding comes with one consistent problem — poor or no accountability across the board. Last week, I wrote about the Police Department’s $3900 mini-freezer and was called out in the comments section as follows:
It was paid for with money from the state from Prop 69 you morons. You can purchase items that are related to dna collection. Google is your friend.
The commenter was likely referring to this notation where Captain Siko wrote “Prop 69 grant.”
Captain Siko, and the person leaving the comment, are both wrong.
They charged the freezer to special subprogram 6188, which is the Justice Assistance Grant 2016. The page below is from the Chart of Accounts posted to the City website.
The Justice Assistance Grant is Federal funding offered to state and local law enforcement for various purposes. JAG awards are not at all related to Prop 69 revenues.
Fullerton’s share of the funding comes via the Orange County Sheriff’s Department, who is charged with managing compliance. No lawyer is needed to see that Fullerton has a compliance problem. The full agreement can be found here but I’m going to post a few snippets below.
2. SUBGRANTEE shall be reimbursed with said JAG funds only for expenditures
necessary to acquire personal property or equipment as set forth in Attachment A hereto
[hereinafter called “grant property and equipment”] or to perform such other grant functions, if
any, for which Attachment A specifies that SUBGRANTEE may utilize grant funds.
8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully
bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E
hereto. SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not
abided or no longer will abide by any applicable provision of this Agreement or Attachments A,
B, C, D or E hereto.
15. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants
contained in this Agreement, including the applicable terms of Attachments A, B, C, D and E
hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the
grant. In the event of termination, COUNTY may proceed with the work in any manner
deemed proper by COUNTY.
Now would be a good time (more…)