I REPORT, YOU DECIDE. By Barry Levinson

Barry Levinson

Barry Levinson

C.O.I.N (Civic Openness in Negotiations) – Well a few of us tried valiantly to persuade two other Fullerton council members in addition to our consistent friend and advocate for the people, Council member Whitaker to reject the City of Fullerton’s sham version of labor negotiation reform. Diane Hickey and I presented a comparison between the two tales of “good” government. The real version known as the Costa Mesa version and than the cynical, phony, corrupt version hoisted upon us at council last night by Human Resources Director Gretchen Beatty with the blessings I suspect from her boss, City Manager, Joe Felz. 

Fullerton City manager Joe Felz

Fullerton City manager Joe Felz

It was pitiful to watch, Council member’s Flory, Fitzgerald and Chaffee do their phony acceptance speeches for this so-called reform measure.

Council member Chaffee

Council member Chaffee



Ms. Fitzgerald offered that she would be supportive of removing the language that would allow her with two additional council members to waive the requirement for an independent negotiator under all circumstances. But as Gomer Pyle used to say – surprise, surprise, she never offered that as a motion that with one second would have allowed the entire council to strip that awful part of the ordinance.

Councilmember Jennifer Fitzgerald

Council member Fitzgerald


Council member Flory stated the five components necessary for a good C.O.I.N. ordinance as expressed by OC Supervisor Moorlach in an article he recently wrote was indeed included in our draft ordinance. But of course, Ms. Flory did not even offer up one of those tenets as an example. Why take the time and effort to include even one fact in your argument when it is so much more fun and so much easier for Ms. Flory to provide the 10 people or so left in the audience at 11 pm with hyperbole instead?


Council member Flory


Council member Fitzgerald strongly disagreed with Council member Sebourn’s comment that after reading the five components necessary for a good C.O.I.N ordinance, that he was hard pressed to see those components in our proposed ordinance. Please note that Moorlach’s comments and his five main components for a good C.O.I.N. ordinance follows very closely to the Costa Mesa C.O.I.N. ordinance.

Here are the five components as stated in Supervisor’s Moorlach’s article as follows:
“Independent Negotiator – As is current policy, the County will hire an independent negotiator that is not impacted by any outcome in the negotiation process. Past practice had county staff, who were subject to the same provisions as the bargaining unit they were negotiating with, negotiate on behalf of the Board of Supervisors. Independent negotiators remove this conflict.
Cost of Contracts – Current practice has the county budget office analyze the costs of any contract proposal. Under COIN, the independently elected Auditor-Controller will take on this responsibility. This ensures an equal playing ground for both labor organizations and the county as both will be given the ability to comment about the analysis.
Offers and Counteroffers – This ordinance would require that all offers and counteroffers be disclosed to the public within 24 hours.
Board Disclosure – Each member of the Board of Supervisors will be required to disclose any and all verbal, written, or electronic communications they have had with an official representative of a recognized employee organization.
Contract Approval – This ordinance will require that, before the final proposed contract is placed on the Board agenda, the Memorandum of Understanding will be posted to the County website.”

Well Council member Flory, since you failed to support your claim, I thought that I would take a stab at it. As someone who is independent and also an auditor, I thought I could easily either verify or nullify your claims one by one. Remember ladies and gentlemen Council member Flory stated that all 5 components laid out by Supervisor Moorlach were part of the Fullerton labor negotiation ordinance.

1. Independent Negotiator:
Under Moorlach’s component, an independent negotiator is a requirement for all negotiations.
Under Fullerton ordinance Section B.1. Principal Negotiator second paragraph states as follows:
“The requirement for an outside negotiator may be waived by a majority vote of City Council.” It is also not required when there is not a significant change to the bargaining agreement as defined in the
Therefore, the first component is optional, and not required under the Fullerton ordinance.

2. Cost of Contracts:
Under Moorlach’s component the independently elected Auditor-Controller reviews the costs of proposed contracts and provides the information to all parties and the public before any contractual finalization can take place.
In the Fullerton version it states at A.1. Annual Analysis of Costs and Liabilities second paragraph as follows:
“The annual fiscal analysis shall be submitted to the City’s independent auditor during the course of the annual City financial audit.” Under Fullerton law, there is no requirement to provide this information prior to the signing of the labor negotiation contracts, relegating the independent auditor’s information worthless because the public does not receive it timely.
Therefore, the second component only purpose is not carried out under the Fullerton law.
3. Offers and Counteroffers: 

Under Moorlach’s component – “this ordinance would require that all offers and counteroffers be disclosed to the public within 24 hours.”

Under the just passed Fullerton ordinance, there is no such requirement that states how quickly all offers and counteroffers are to be disclosed too the public nor to the council.

Therefore, the third component is not carried out under the Fullerton ordinance.
4. Board Disclosure:

Under Moorlach’s component – “each member of the Board of Supervisors will be required to disclose any and all verbal, written, or electronic communications they have had with an official representative of a recognized employee organization.”

Again, there is no such language included in the Fullerton ordinance.

Therefore, the fourth competent is missing from the Fullerton ordinance.
5. Contract Approval:

Under Moorlach’s component – “this ordinance will require that, before the final proposed contract is placed on the Board agenda, the Memorandum of Understanding will be posted to the County website.”

There is no such language included in the Fullerton ordinance requiring the M.O.U. to be posted to the City of Fullerton website. Therefore, component number 5 also is not met by our Fullerton ordinance. 
I believe that based on my component-by-component analysis, Fullerton Council member Flory has some explaining to do to the members of the Fullerton public. Since Mayor Chaffee and Council member Fitzgerald also agreed with Ms. Flory and voted for the Fullerton ordinance maybe they should help Ms. Flory with her response. I have proven that not one of the key components of a good C.O.I.N. law as describe by Supervisor Moorlach is included in the Fullerton ordinance.

download (18)

Someone’s got some splainin’ to do.





  1. #1 by mullet operandus on June 24, 2014 - 6:15 am

    Jennifer’s recusal to the salon

  2. #2 by Anonymous on June 24, 2014 - 7:51 am

    I don’t get it. Do these clowns think that no one will notice this kind of crap? They really must think everybody is stupid or something.

  3. #3 by Roger on June 24, 2014 - 9:33 am

    Mr. Levinson, thank you once again for your the
    due diligence that you continue to dedicate to the issues. The statements and behavior of these three councilpersons is deeply disturbing.

  4. #4 by Anonymous on June 24, 2014 - 8:31 pm

    Hey Barry, what makes you the consummate expert on matters of City business? You sure have a lot to say these days. You wouldn’t just be grandstanding for another failed run at a seat now would you? Please, spare us all.

    • #5 by Joe Imbriano on June 24, 2014 - 11:41 pm

      Do you know how to read English or are you like one of those divorce attorneys that looks at everything paralleled by its negative photographic image? I think he has done one heck of a job calling out corruption, flat out lies and betrayals by those that the public employee unions bought lock stock and barrel to misrepresent us.

      How does it feel to work for a sinking ship like the Ragister? How does it feel to have your thoughts and writings continue to be shackled by a high priced media mafia?

      Everyone has their price. I guess covering for police brutality, murder and frame ups is par for the course when doling out red herrings and dressing up institutionalized corruption is how you make your living. Go ahead and drink to that one pal.

      • #6 by Rudy on June 25, 2014 - 9:23 pm

        They are going to have some explaining to do alright.

      • #7 by Anonymous on June 26, 2014 - 10:01 am

        Damn straight Joe

  5. #8 by Barry Levinson on June 24, 2014 - 10:04 pm

    Anonymous you believe that those 3 council members, Mayor Chaffee, Jennifer Fitzgerald and Jan Flory believe the people of Fullerton are stupid. I think they believe that most of the people of Fullerton are apathetic and therefore, they can get away with anything. If anything they overestimate themselves while underestimating the people of Fullerton.

    One of the reasons I write my articles is the hope to change that apathy into a real disgust for the lack of concern those 3 elected officials show toward us on a fairly regular basis.

    • #9 by Roger on June 25, 2014 - 1:14 pm

      I agree Mr. Levinson.

  6. #10 by Joe Imbriano on June 25, 2014 - 6:32 am

    Jennifer Fitzgerald’s new boss?

    How convenient that his web site is now down since the cat is out of the bag.

    Mr. Curt Pringle is the Founder and President of Curt Pringle & Associates, LLC. Curt Pringle, a land use, public relations and government affairs consultant, with over 30 years experience, has a passion for navigating the political process on a state and local level. With extensive depth and breadth of policy knowledge, Mr. Pringle provides strategic advice to a variety of both public and private sector clients. With eyes to see the big picture, Mr. Pringle is a trusted third party who is sought after for sound counsel and action. Curt Pringle brings an immense amount of civic knowledge to the Curt Pringle & Associates’ diverse client base. He currently serves as the Mayor of Anaheim, having first been elected in 2002. Having served in the California State Assembly from 1988-1990 and again from 1992-98, the independent California Journal rated Assemblyman Pringle as the “Best Problem Solver” and as the “Most Influential Leader” of the California State Assembly. In January 1996, in what was hailed by the Associated Press as “a victory for stability over chaos,” Assemblyman Pringle was elected Speaker of the California State Assembly where he presided until November 1996. During his tenure in the State Assembly, Assemblyman Pringle served as the Republican Leader, Republican Caucus Chair, chairman of the Appropriations Committee, chairman of the Rules Committee and vice chairman of the Budget Committee. He also served on the Insurance, Governmental Organization, Banking, Local Government and Joint Legislative Budget Review Committees. Additionally, he served as a budget conferee in 1995, where he authored the 1995-1996 California State Budget. Assemblyman Pringle was a key architect of California’s historic, bipartisan welfare reform plan in 1997, and in 1996 he authored successful legislation to provide California businesses with a five-percent tax cut. Mr. Pringle has served on the Orange County Republican Central Committee and the California Republican Central Committee. In 1996, 2004 and 2008 he was a California Delegate to the Republican National Convention. He also served as an appointee of the Senate Majority Leader to the National Conference on Retirement Savings and served a four-year term as a member of the Orange County Fair Board. From 2007 to 2008, appointed by Governor Schwarzenegger, Mr. Pringle served on the Public Employee Post Employment Benefits Commission. Today, Mr. Pringle serves as a member of the Orange County Transportation Authority’s Board of Directors as well as a Governor’s appointee to the California High-Speed Rail Authority Commission. And in December 2008, Governor Schwarzenegger appointed Mr. Pringle to the Commission on the 21st Century Economy. Additionally, Mr. Pringle serves on the Board of Directors of Leadership TraQ, a leadership development program headquartered at California State University, Long Beach. Mr. Pringle also serves as an adjunct faculty member at the University of California, Irvine, in the Political Science Department, where he teaches California Government. In 2006, Mayor Pringle was named one of OC Metro Business Magazine’s “Hot 25” and one of the “100 Most Powerful People in Southern California” by West Magazine (formerly Los Angeles Times Magazine). In 2007, Red County Magazine named Mayor Pringle the “Most Influential Politico in Orange County.” In 2008, the National Association of Home Builders (NAHB) named him the “Local Elected Official of the Year.” And most recently, Mayor Pringle was named “Top Legislator of the Year” by the Southern California Chapter of the American Public Works Association for 2009. He is a graduate of California State University, Long Beach (CSULB) with a bachelor’s degree in Business Administration and a Master’s in Public Administration. As alumni, Mayor Pringle was highlighted in CSULB’s first Notable Alumni Brochure. He served as a Director of Heart Tronics, Inc. from January 1999 to November 3, 2000. In January 1996, he was elected speaker of the California State Assembly and presided as speaker until November 1996.

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    While we are perhaps best known for our governmental advocacy efforts, employing an extensive breadth of relationships with elected and appointed officials throughout southern California and at the State Capitol, we are also well versed in the areas of land use entitlement, public outreach, crisis communications and media relations, and have produced substantial benefits in each of these fields for numerous clients.

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    American Center for Wine Food and the Arts
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    Brookfield Homes
    Building Industry Association
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    California Beer and Beverage Distributors Association
    California Forward
    California Rx Card
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    Coffee Bean
    CVS Pharmacy
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    Ms. Fitzgerald represents the City of Fullerton on the Metropolitan Water District of Southern California Board of Directors and also serves on the Board of Directors for the Orange County Taxpayers Association and as the Large City Representative on the Association of California Cities-Orange County Chapter. She is a Past President of the Fullerton Chamber of Commerce and past Member of the Board of Directors for the Fullerton Historic Theater Foundation and previously served the City of Fullerton on the Planning Commission and the General Plan Advisory Committee.

    Jennifer’s volunteer service includes work in the education and non-profit sectors. She is the founder of Give Back (Packs) Fullerton, a member of the Fullerton Arboretum, the Fullerton Elks Lodge, The Muckenthaler Cultural Center, the American Legion Auxiliary and the Fullerton Woman’s Club. Additionally, she serves as an Advisory Board Member of the Coast to Coast Foundation and is a member of the Board of Directors for the Fullerton Community Nursery School, Orange County’s oldest cooperative preschool.

    Prior to joining CP&A, Fitzgerald was the CEO of CL7 Communications, Inc., a strategic communications firm, which specialized in fundraising, strategic communications, event management and organizational growth. Jennifer started the firm on her own in 2004 after leaving the office of Congressman Ed Royce and over the next ten years she and her team raised over $10 million for candidates at every level of government, while also helping several non-profit organizations expand their membership base and refine their operations.

    Jennifer and her husband, Sean, have called Fullerton home for close to fifteen years and are raising their two sons there. Jennifer graduated Magna Cum Laude with a Bachelor of Arts Degree in Communication Studies from Biola University in 1995 where she also earned a Minor in Biblical Studies

  7. #11 by ANONYMOUS on June 25, 2014 - 2:07 pm

  8. #12 by JD on June 26, 2014 - 4:11 pm

    What is this bullshit, Bushala’s comeback?

    • #13 by resident on June 26, 2014 - 5:01 pm

      Yes, and we’re here to finish the job.

    • #14 by 4th of July on June 26, 2014 - 10:48 pm

      All you ass clowns got for all of Tony’s money is fireworks and Dan Hughes. Haha haha ha! Cha ching. This website is just a bunch of bullshit.

      • #15 by Anonymous on June 27, 2014 - 9:02 am

        You forgot the socks in Sacramento.

  9. #16 by Anonymous on June 26, 2014 - 8:26 pm

    Bushala’s comeback? This blog is written by Bushala wannabes that couldn’t hold Tony’s pencil case.

    • #17 by Anonymous on June 27, 2014 - 12:02 pm

      That’s a good one.

    • #18 by Angie B on June 27, 2014 - 4:28 pm

      Does that mean you agree that our children’s technology should be hardwired?

  10. #19 by Joe Imbriano on June 27, 2014 - 7:37 am

    If Tony wants to comment here that is fine as he is welcome along with anyone else. If you want to hold his pencil case for him that would be great as long as he lets you.

    The corruption continues and exposing it is everyone’s job. I have a family and they will have a family someday. By the way, most of the content here on this website is about how your kids won’t have any kids so pull your head out of your distended rectum before it turns your brown eyes blue and your kids become genetic dead ends.

    In my opinion, there is no time to be cracking jokes while the city’s coffers are being sucked dry and your daughters’ ovarian reserves are being decimated by the wireless companies in bed with the school district lackeys.

    Yeah it’s 77 degrees under a clear blue sky in Fullerton California on June 27, 2014 as empty playgrounds abound. Summer is in full swing and their ain’t a kid anywhere to be seen outside in town unless you have x-ray vision that can see through their walls. Then you can see them staring at the screens succumbing to

  11. #20 by Barry Levinson on June 27, 2014 - 10:26 pm

    The big question is whether Mayor Chaffee and Council members Flory and Fitzgerald will respond to the fact that their version of C.O.I.N. is not what they claimed it be for the taxpayers of Fullerton?

    My guess is that they will not address any of the specific comments I have presented above.

    After all ladies and gentlemen, their directly responding to our specific questions would demonstrate that they take their public servant role seriously.

    Instead as it is now constituted, we have a city government that does what is wants, answering directly to no one. And it will remain this way until the day we elect 3 council members that actually believe they work for the people of Fullerton.

    • #21 by Roger on June 28, 2014 - 7:14 am

      Mr. Levinson, I watched the recording of meeting on the city’s website. I have to be frank with you. The statements of the two female council persons are completely at odds with what you have written. I am inclined to believe that they are misinformed or that they are truly attempting to dupe their constituents. Either way it spells trouble for the taxpayers and residents.

    • #22 by citizen on June 28, 2014 - 9:15 am

      We need 2 solid candidates in November. Councilman Whitaker needs 2 votes along side to move reform.

  12. #23 by Barry Levinson on June 28, 2014 - 11:46 am

    Roger either Ms. Flory and Ms. Fitzgerald are misinformed or misguided or they did not want to closely compare Supervisor Moorlach’s 5 components to the Fullerton draft ordinance that was before them on June 17, 2014.

    Clearly, based on that comparison, the Fullerton ordinance does not require the same transparency, independent oversight and timeliness as the Costa Mesa ordinance nor the just passed Orange County labor negotiation ordinance as well.

    • #24 by Anonymous on June 29, 2014 - 8:45 pm

      Barry, you give them too much credit. They are very clever and count on most people being asleep at the switch. I read Moorlach’s take and it doesn’t even come close to what they green lighted up there in Fullerton. Here in Costa Mesa, it went down hard for the union’s. They are still coming up for air here.

      You have 3 union plants on your council and one is a chess piece for a pretty big fish. You will never get anything good for the residents out of that arrangement.

  13. #25 by Armando on June 29, 2014 - 11:33 am

    You guys are wasting your time. The unions have owned this town for decades. Nothing is changing anytime soon. They even owned your two little toy poodles when they both voted for Felz and Hughes. Who are you kidding?

    • #26 by Anonymous on June 30, 2014 - 7:29 pm

      when will you ever learn?

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