Another Eventful Night at the Fullerton City Council Meeting. By Barry Levinson
Barry Levinson
It seems that the Police Officer’s Bill of Rights (POBOR) is precluding an honest discussion about the OIR report leaked last summer. For the fourth council meeting in a row, I tried to get some elected or appointed city official to speak on the leaked OIR report entitled the “Internal Affairs Investigative Report Into the In-custody Death of Kelly Thomas” by Michael Gennaco and Stephen Walsh dated April 2012.
The conclusions of this report issued in April 2012 well over a year before the start of the criminal trial of Ramos and Cincinelli, contradicts the sworn testimony of Fullerton Police Department Training Officer, Corporal Stephen Rubio and Fullerton Police Department Sergeant Kevin Craig. They both testified that they saw no major violations of the Fullerton Police Department Policy and Procedure Manual during the brutal beating death of Kelly Thomas and the subsequent police response to his injuries.
I guess serious unexplained conflicts between the testimony of two FPD officers and Mr. Gennaco’s findings, which were supposed to be the basis for Police Chief Danny Hughes to reform his department, as far as we know will not be dealt with by our current Police Chief, Dan Hughes.
Fullerton Police Chief Dan Hughes
This information has been out in the public since this summer and then I have brought this directly to the last four City Council meetings. Police Chief Dan Hughes I believe was the recipient of this report way back in April 2012, three and one-half years ago. Yet Police Chief Hughes apparently refuses to address the fact that his training officer and supervisor of the year in 2013
testified that as far as the Fullerton Police Department policies and procedures, Ramos and Cincinelli did no wrong the night of July 5, 2011.
It should not have to be my job or any other activist citizen’s job to ensure that we have a city run based on doing what is best for the residents of Fullerton. Yet time and time again, if not for Joe Imbriano, myself and a very few others, the sordid facts in so many instances would have remained buried just like Kelly Thomas.
I strongly believe that POBAR is interfering with city government’s fiduciary responsibility to the people of Fullerton. Gennaco and Walsh conclude that the key officers involved in the savage beating death of Kelly Thomas the night of July 5, 2011 did in fact break numerous FPD Policies and Procedures that night.
Before I get into any more specifics, I need to explain what is meant by fiduciary responsibility. The Webster’s definition of fiduciary is as follows: Of, or relating to, or involving a confidence or trust, i.e. one that holds a fiduciary relation or acts in a fiduciary capacity. Based on that definition what responsibilities does a city council member, a city manager or a police chief have to the people of Fullerton as their elected and appointed representatives? It means that those individuals have a duty to protect the city of Fullerton from any harm whether it is a financial or safety or health related danger. Therefore anything that is related to the city of Fullerton with regard to all those broad issues, they have a fiduciary obligation to mitigate those dangers for the people living and working within our city borders. But the so-called protections afforded all law enforcement officers both good and bad, supercede the people’s right to know and the people’s right to be safe from the very people they pay to serve and protect.
So with that discussion of a fiduciary relationship, our city leaders have to the city and its citizens let’s continue with the discussion concerning the leaked Gennaco report.
The council’s coerced silence due to POBAR in my opinion aids and abets the efforts of those dismissed/fired officers in their claims that they were wrongly terminated. The expert opinion of the OIR Group was that many FPD Policies and Procedures were in fact not followed. Therefore it follows that those officers have no legal justification to either get their jobs back or instead receive millions of dollars in settlement money so that they can live out the rest of their lives like kings for brutally beating to death an innocent man. The words, innocent man, are not mine, but the words of Fullerton Police Chief Dan Hughes. The unfair and biased protections afforded by POBOR places Fullerton residents at additional risk to either pay those correctly dismissed/fired officers huge amounts of settlement money or worse put them back on the streets of Fullerton with all the power and control of any law enforcement officer. Question: Could that have been the plan of the FPD all along? That Ramos, Cincinelli, and Wolfe quietly leave their jobs leaving any possible FPD skeletons buried with the assurance that the City of Fullerton would take care of them in the end. It is just a theory on my part, but one that makes a whole lot of sense. After all it is a matter of record that numerous FPD officers have abused the badge and disgraced this city.
But there is another risk that this silence also aids and abets. You cannot expect to correct past mistakes when there is no acknowledgement or even agreement by Training Officer Rubio and Sergeant Craig that FPD polices and procedures were actually broken numerous times on the night of July 5, 2011. Does anyone have an issue with a police chief that has two officers still in positions of power, one a supervisor and one a trainer, that have suffered no known negative consequences for their sworn testimony that Ramos and Cincinelli broke no FPD procedures and/or policies? Here is a question that Police Chief Hughes will never answer. Why Police Chief Dan Hughes did you get rid of Ramos, Cincinelli and Wolfe and promise the Fullerton pubic that you would never rehire them, if according to your 2013 Supervisor of the Year, Craig and your Training Officer Rubio, they followed FPD policies and procedures the night of July 5, 2011. Either they broke the rules and deserved to be fired or they did not and deserve to be rehired. Chief Hughes if you say you will never rehire those officers they must have by definition have broken some of the FPD rules as claimed by the OIR report. Therefore, you must believe that the testimony of Rubio and Craig was in part erroneous? We the people of Fullerton deserve answers from the police chief who promised his tenure would be based on open and transparent communication from the FPD to the public.
In summary, was the 2013 FPD Supervisor of the Year and the FPD’s Training Officer given what appears to be a complete pass by our police chief for their comments under oath. The OIR Group gave example after example after example to completely refute the officers testimony that Ramos and Cincinelli basically followed the Fullerton Police Department polices and procedures on the night of July 5, 2011. This lack of action by our police chief I believe sends a bad message to the members of the FPD. What message does it send to the members of the Fullerton public? The message it quite loud and clear and it states the following: That there is much unfinished business within the FPD before any objective observer can claim all is now well with this department. A police department still under this cloud of suspicion will never have the trust and respect necessary for any law enforcement agency to be an effective arm of our city government.
I report, you decide.
#1 by Anonymous on November 11, 2015 - 9:47 pm
Reality Is just might be part of the PR machine for the FPD. Example after example of FPD abuses under PC Hughes as well as Captain Hughes that he hopes the readers will somehow ignore. The party is over. Kelly Thomas, Brea Dam, all the water deception and corruption, DCCSP, College Town, the laughable trolley plan and a host of other scams and schemes. I think there is so much corruption finally coming to the surface all at once, that Uncle Joe and Dan are going down for the count or maybe they will throw an underling or two under the bus to take the blame for there malfeasance. Please stay tuned for the fireworks show is just getting started and then Dan, Joe and even RI will really have something to be worried about very, very soon.
#2 by Reality Is..... on November 12, 2015 - 8:57 am
Dreams are good. Dreams are fun. Dreams make life worth living. Keep dreaming. DannyBoy is locked in solid. You will never run him out for anything in the past. He’s protected. I will say this. At some point in the near future, DannyBoy maxes out on his retirement for life. That time is coming soon. Joe Feliz is also almost ready to retire. If you catch them at the right time, you may just be able to push them into retirement. Until then, neither one is going anywhere. Joe F survived the Kelly phase, along with the attempted city council purchase by Tony Bushala. DannyBoy was the direct first line supervisor during the Kelly incident and he got promoted. They both survived when the pressure was hot. There is nothing you can do now to move them off their pedestal. Retirement is the only thing in your corner. But watch and mark my word. Danny’s right hand man will be the next Chief. Joe F also has a right hand man ready to move in. Can you make this not happen? Prove it to me. If you do it, I’ll believe more of what you say. If they just transition, then everything I’ve said is proven true.
Watch out for the reality. Reality is tough sometimes.
🙂
#3 by Anonymous on November 12, 2015 - 9:14 am
RI admits that as soon as Hughes and Felz reach their top pension they are out of here. In other words, he is admitting that all they care about is themselves. Not exactly the definition of good public servants but it does fit the definition of a corrupt, selfish group of arrogant bureaucrats.
#4 by Reality Is..... on November 12, 2015 - 9:17 am
Well. Maybe a little bit. But in the PERS system once you max out your retirement benefits, there is no benefit to sticking around. It just costs yourself and the city extra money. He can go get another job when he retires that isn’t PERS, and get his $20,000 a month retirement, along with a job that pays the same. I mean is that a dream or what? Joe is all set too. DannyBoy might even be able to work it out where he stays an extra year, collecting his pension, and he can work under PERS for a year more and save the city money because they won’t have to pay retirement, medical, etc.
#5 by Fullerton - The Cesspool City on November 12, 2015 - 9:36 am
RI is explaining to all of you on this site that the 3% a year after 30 years at 50 years of age or at lest 90% of your last years pay for life is a total scam. They are not retiring at all. They are retiring to collect 90% of their pay from the hardworking taxpayers so they can get another job and an additional paycheck. IN addition a very suspiciously large percentage of them claim disability which makes half of their huge pension TAX FREE. What a fraud? We the taxpayers bust our buts for them, give them an incredible pension -package and many of them do not even want to pay taxes on that money. What a total racket this is? And yet Fitzgerald, Flory and Chaffee just voted to give the rank and file police officers a 6% raise next year which will also be offered to the police management group as well.
#6 by Reality Is on November 12, 2015 - 10:25 am
It’s not a total scam. It is nice though. They now pay their 9% contribution as well. 3% at 50 is very nice. But like I say, that retirement system is the system of the state. Yea disability is 50 50. I think it’s a scam for some but also the job is tough and people get hurt and injury is part of that job. Carrying 50-75 extra pounds everyday will impact any humans knees and back. The system has been changed now for new cops too. Most are 2.5% at 55 and a variation like that statewide. 6% pay raise seems fair. Cost of living and I’m sure Fullertons raises and decreases were consistent with other cities and agencies during the downtimes. Have to be fair and competitive or Fullerton will just become a short term stop for cops.
#7 by anonymous on November 13, 2015 - 6:33 am
“Have to be fair and competitive or Fullerton will just become a short term stop for cops.”
Perhaps and all things considered, maybe Fullerton would be just as well off if we were a short term stop for cops. Fullerton might be a known deterrent for honest cops looking for employment.
#8 by Reality Is..... on November 13, 2015 - 9:13 am
Why do you say that? Because of a few incidents of note the last 10 years? What about the last 4 years? You can’t bring anything up at all but you continue to complain how bad they are?
#9 by anonymous on November 13, 2015 - 12:48 pm
You sound desperate, pleading.
#10 by Reality Is on November 13, 2015 - 11:18 pm
No. Just realistic. So much passion must have something recent behind it.
#11 by Anonymous on November 13, 2015 - 6:23 pm
RI keeps on repeating the BIG LIE that nothing bad has happened under Police Chief Dan Hughes.
Two officers perjured themselves under oath.
Bair is gone and the city paid 550,000 to make sure that the sordid details did not get confirmed at a trial.
A Fullerton officer was arrested for abusing his nephew.
Danny boy was the supervising officer of the 6 thugs who participated in the brutal beating death an innocent man.
Etc, etc. etc.
This is what RI calls nothing. I call him a big nothing. Nothing in the way of honesty, truth or integrity. Like I said a really BIG NOTHING.
#12 by Reality Is on November 13, 2015 - 11:19 pm
Lol lol lol
Like I said. Fullerton is doing a great job. I’m a great Chief.
Love,
DanyBoy
#13 by anonymous on November 14, 2015 - 7:05 am
RI is trying very hard to sway people, and to get them to accept the lies and corruption as business as usual.
He is desperate.
#14 by Reality Is on November 14, 2015 - 8:39 pm
Desperate? Really? Lol nothing to be desperate about. Showing you over and over that you have nothing current to complain about. Nothing. All old things that have been disciplined and completed. City is doing good work. Just ask around. Look at council meetings. Quiet. A few normal grumblers. Anytime the only thing the grumblers can talk about that is years old means the city and police are doing a great job.
We need a big event again. Give you some ammo. Something current.
#15 by Anonymous on November 14, 2015 - 1:11 pm
Fullerton is a shit hole with thugs in every corner of the sandbox. Go get em Joe. Fuck these fools and fuck these phonies like Royce and all his crony dipshits.
#16 by Joe Imbriano on November 15, 2015 - 9:34 am
While I may agree with the point, I certainly don’t approve of the vocab, Come on now. There are other ways to make your point
#17 by Anonymous on December 19, 2015 - 7:20 am
“RI is explaining to all of you on this site that the 3% a year after 30 years at 50 years of age or at lest 90% of your last years pay for life is a total scam. They are not retiring at all. They are retiring to collect 90% of their pay from the hardworking taxpayers so they can get another job and an additional paycheck. IN addition a very suspiciously large percentage of them claim disability which makes half of their huge pension TAX FREE. What a fraud!”
http://www.ocregister.com/articles/disability-368870-police-retirement.html
#18 by Anonymous on November 12, 2015 - 1:10 pm
Case in point…
The assistant baseball Coach at Sunny Hills High school who manages to throw batting practice for hours at a time pretty well, is supposed to somehow be classified as a disabled LA police officer?
He even parks his big red truck daily in the spot marked as “disabled only” at the school near the baseball field.
And don’t forget taxpayers, “Coach Bill’s” disability check from the LA police department is TAX FREE for life.
http://transparentcalifornia.com/pensions/2014/los-angeles-fire-and-police-employees-pension/william-a-johnson/
#19 by Reality Is..... on November 12, 2015 - 2:31 pm
Maybe ask him what his disability is? PTSD is a common one for cops that have seen major traumatic situations or been in shootings. Could be back. Or other things. I know many that have had numerous back surgeries. They appear pretty normal but a Doctor will never allow them to do the job again because the wrong impact could paralyze them for life. So before you bash baseball Bill, you might want to ask him what happened. Just a though. I know if it was you, you wouldn’t appreciate someone assuming you are fine and perfect, when in fact you are nothing near perfect.
#20 by Fullerton Lover on November 12, 2015 - 6:59 pm
If he is using a disabled parking spot, why is he able to throw batting practice for two hours?
Do they issue disabled placards at the DMV for PTSD?
#21 by Reality Is on November 12, 2015 - 10:08 pm
They issue disabled placards for anything that a Doctor says to issue one for. DMV has no say. Up to the Doctor.
#22 by Anonymous on November 13, 2015 - 9:13 am
Not true!
The blue placard is only issued by the DMV for mobility issues.
If you have PTSD, I would actually think that a walk will do you good?
Verbatim from the DMV…
“You may qualify for a DP placard or DP license plates if you have impaired mobility due to having lost use of one or more lower extremities, or both hands, or have a diagnosed disease that substantially impairs or interferes with mobility, or one who is severely disabled to be unable to move without the aid of an assistive device. You may also qualify if you have specific, documented visual problems, including lower-vision or partial-sightedness.”
Didn’t see anything about PTSD or any other mental health issues in the regulations did you Reality Is?
Note that Baseball Bill became disabled at the 29 year mark making his retirement tax free…
http://transparentcalifornia.com/pensions/2014/los-angeles-fire-and-police-employees-pension/william-a-johnson/
http://www.ocregister.com/articles/disability-368870-police-retirement.html