The Weasel Words of Dick Jones Regarding Joe Felz

After tonight’s Fullerton City Council meeting all signs point to City Manager Joe Felz being out of a job, likely from early retirement after he runs out the clock on his vacation time. Allow me to explain.

Joe Felz was a no-show at last night’s Council meeting and the City Attorney, Dick Jones, relayed a nothingburger of an apology from Felz during the Open Session and said that Felz was taking a 2-week leave of absence. Mr. Jones then requested that the council agendize an emergency* item for the same meeting, last night, to appoint an Acting City Manager which they did.

There is zero reason to appoint an Acting City Manager if somebody is on a voluntary leave for 2 weeks. Do we appoint an Acting City Manager anytime the City Manager goes on vacation? No. Was it an emergency? No. This is ridiculous. How ridiculous you ask? Well…

Pursuant to California Government Code we don’t even NEED a City Manager owing to Fullerton being a General Law City.

36501.  The government of a general law city is vested in:
   (a) A city council of at least five members.
   (b) A city clerk.
   (c) A city treasurer.
   (d) A chief of police.
   (e) A fire chief.
   (f) Any subordinate officers or employees provided by law.

Notice that there is no “City Manager” on that list.

So our City Council just appointed a person, Gretchen Beatty, to a position that we don’t even legally need because our City Manager is on a 2-week leave. Funny how the City Attorney missed that little nuance in the law or as I like to call it – his job. Dick Jones asked that a non-issue be agendized unless of course more is going on behind the scenes that can’t be discussed with us common rabble known as residents.

Now here’s where the weasel words really come into play. Mr. Jones stated that Gretchen Beatty would be acting City Manager not until Felz came back from leave but rather until the City Council relieved her. He’s a lawyer who chooses his words carefully so this means something.

To really drive this point home it should be noted that during Public Comments people spoke up about the Joe Felz / Sappy McTree incident and Mr. Jones made a point that the details of the investigation couldn’t be released until this “Personnel Matter” is resolved. He also said that it was an ongoing criminal review and it would go to the D.A. for a “Potential Criminal Prosecution”. Further he said, and Mayor Fitzgerald asked him to repeat, that the Bodycam footage couldn’t be released pursuant to California Government Code 6254F.

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