Mayor Furey Backtracks; Now Swears He Paid Fair Share of FPPC Fine

Mayor Furey’s recent ethical entanglements with illegal campaign contributions have left some, like former Mayor Scotto, proclaiming that the city is looking for character, integrity and honesty in their leaders and that the City Council needs to gain back the confidence of its residents.

On the eve of an important election, new documents released by the FPPC reveal the Mayor now swears he paid his fair share of the $35,000 fine recently levied by the FPPC. This position is a complete about-face from previous comments the Mayor made on the subject.

The settlement agreement with the FPPC stipulated that the Mayor was liable for half of the $35,000 fine with representatives from McCormick liable for the other half. Yet, despite agreeing to the settlement, Mayor Furey boasted at the 12 April 2016 Council meeting that he did not pay his portion of the fine and that McCormick paid the entire $35,000.  At the time the Mayor said:

“I’m not liable for half of that.  I’ve not paid a penny of it.”

That admission was startling as California Government Code Section 89503 prohibits gifts to locally elected officials in excess of $250 in any calendar year.  The question of whether McCormick paid the fine is also crucial because the Mayor participated in a vote involving McCormick’s contract with the city shortly after the fine was paid – an act which would raise conflict of interest concerns per Code Section 87103.

A complaint to the FPPC submitted shortly after the mayor denied paying the fine raised these very same issues.  In response to that complaint, the Mayor enlisted the Kaufman Legal Group who wrote a letter to the FPPC asserting that “Mayor Furey paid his share of the FPPC settlement.”

The FPPC complaint was filed 19 April 2016. On 03 May 2016, Kaufman wrote to the FPPC seeking an extension to the response due date of 04 May 2016. Kaufman ultimately submitted the response on 13 May 2016.

That response included an explanation that Mayor Furey and McCormick had entered into an odd arrangement in which Furey paid all the legal fees stemming from the FPPC case and McCormick paid the fine with the parties anticipating that the costs would be about the same.

Kaufman’s response attests that the Mayor ultimately paid $37,719.27 in legal costs to their firm. Kaufman acknowledged, however, that final invoices were not issued until after the FPPC complaint was filed alleging the illegal gift. Indeed, in a sworn declaration by Mayor Furey included in the response, the Mayor affirmed he did not pay the final legal bills until the week of 09 May – two months after McCormick cut the $35,000 check to the FPPC on 08 March and nearly one month after the FPPC complaint was filed.

The Mayor’s declaration also reveals that $4,536 of the $37,719.27 he paid to Kaufman was for representation of his son. He then deducted that amount attributable to those services and reconciled with McCormick by issuing a payment to McCormick of $908.36.

Kaufman’s response also included a sworn declaration from Richard Roesch, President of McCormick Ambulance, attesting to the same explanation.  Relying upon the letter from Kaufman, and the sworn declarations from Mayor Furey and Richard Roesch, the FPPC has closed the matter and is not planning on taking further action.

Torrance Divided by Sounds of “Furey”

Torrance is divided.  Dozens of alarmed residents wrote the Council over the past weeks expressing concern about the Furey’s.  Said one of those individuals, “I am absolutely PO’ed by the conduct of the mayor and his son.  His behavior at City Council meetings in general is completely disgusting and unacceptable for Torrance.”

Furey supporters are “Fureyous” at the perceived attacks on the mayor and his family.

The Mayor made an attempt at calming the storm by “manning up” to use his words and offering an apology at the last council meeting. His comments, however, were quickly undermined by the contents of his son’s resignation letter released to the public the next day which stated in part:

These sad political attacks on the Mayor and my family are embarrassing our City.  Families have always been off limits.  But apparently in the new world – where Trump can call his opponent’s wife fat, or say disparaging things about women and minorities and the disabled – all bets are off.  And now the most extreme elements of our city – people who literally do nothing but complain, make vicious personal attacks about people they don’t even know, and write racist and homophobic blogs – call all the shots. Now they can just move one to attacking my father and leave our family out of it.

A group of Trump supporting racist homophobes have risen up in the community with the sole purpose of destroying the reputation and good works of the Furey family. These people are vicious. They are ambassadors of negativity, represent the extreme elements of our society, and do nothing but complain. The Furey’s are the victims. They are under attack.

At least that is what the Furey’s would have you believe.

And believe it some do. Patrick Furey, Jr’s resignation letter alluded to huge numbers of letters of support written on his behalf. Those letters tallied nearly 30 and echoed many of the same themes proffered by the Furey camp.

In an e-mail with the subject line “Your Loyal Supporters” Judy Brunetti, current Co-President of the Riviera HOA, wrote that:

“I am sorry to hear what is happening to you during council meetings and in the newspaper. It sounds like a witch-hunt, for sure.  I have been cautioning people not to rush to judgment and to wait until all the investigation is done and the results made public.”

 

What’s odd about that comment is that the investigation by the FPPC is already complete. The case is closed and the results are public. These facts were reported extensively in the Daily Breeze, but as Furey supporters have made abundantly clear the local paper is not a source that can be trusted.

Mayor Furey referred to Nick Green as a “mullet” and a “hate monger.”  His supporters echoed those same sentiments. Civil Service Commissioner, Kathryn Endo Roberts, for example commented:

I have been quite dismayed with the constant negative press … and I feel sad that our residents are subjected to this almost daily barrage of negativity.  I feel this constant misreporting of facts is an injustice to our Mayor and his son.

Anil Muhammed, who serves with Patrick Furey on the School Board Personnel Commission wrote:

The irregularity and unfavorable bias towards Mayor Furey and Commissioner Furey undoubtedly creates and fuels anger within the community and should be considered in your overall decision.

Traffic Commissioner Bob Habel opined:

There seems to be some major biases from our local paper and I would hope that the council would ignore what they read in this daily publication.

And Doug Hath, former President of the Torrance Police Officer’s Association (TPOA) said:

The press coverage of these events is slanted from the same direction by a reporter the TPOA has had a standard operating procedure of giving no comment to.

Perhaps the most astounding comments on the issue came from recently retired Fire Chief, William Racowschi, who penned a three page letter.  In that letter he alluded to an “undercurrent” of political discontent, which he believes is being fueled by a “misinformed and misguided local media effort.”

He then presented a lengthy defense against accusations that “senior fire department staff” colluded to award the 2014 ambulance contract to McCormick.  In that defense, he made some startling allegations including:

  • The 2011 RFP process and award was turned into a sham by Mayor Scotto and the previous Council when the Council rejected the findings/recommendation of TFD and awarded the contract to Gerber based on loose promises to “do better” made to Mayor Scotto by Mr. Gerber himself.
  • Between 2011 and 2014 dozens of documented complaints against Gerber were swept aside by the Council.
  • The Daily Breeze has someone providing “just enough” information to sound plausible. The rest is filled with opinion, speculation, and innuendo.

In the letter Racowschi also inferred he had no knowledge of the Furey PAC despite its existence being a major issue in the 2014 election by stating “that there was a PAC set up to do whatever the media alleges it did was news to me and senior fire staff.”  He then urged the Council to “ignore ALL the negativity and the bad press,” and to judge the Mayor and his son “on their records of service to the Torrance Community and not on what amounts to political pay back by former Councilmembers/candidates and their hacks.”

Who can we trust?  Who is telling the truth?

Mayor Furey says it’s him.

DB correction

DB correction

In his comments, Furey said, “I would submit to everybody here that if you have been attacked with misstatements and out and out lies and hateful statements that you get angry.”

He also referred to a retraction printed by the Daily Breeze and offered that as evidence that he’s been telling the truth.

Is that evidence convincing?  Should we trust him now?

He closed his comments by stating:

“I’m not liable for half of that [the fine], I’ve not paid a penny of it.  They [McCormick] thought they had messed up.  They hired the wrong consultant and they manned up and so I’m manning up.  I’m sorry for any of the rants…”

“I really hope that we can all just get along and move the city forward. We have so many exciting things that we are doing.”

“One of my colleagues said we stopped kicking the can down the road, we’re kicking butt.”

“Let’s all have a chance to do that.  Have some decorum here. Bring it back to a peaceful atmosphere.  I’m certainly willing to do that.”

Furey did not pay the fine. His son still serves on the School Board Personnel Commission. He wants us to forget about this whole thing and move forward.

Should we?

School Board Mum on Furey Scandal

imageLast week the City Council (minus Mayor Furey and Councilman Goodrich) concurred with sending Patrick Furey Jr. a letter requesting his resignation from the Traffic Commission due to an evolving scandal. Not discussed, however, was Furey Jr’s more significant role in the community serving on the Torrance Unified School District Personnel Commission.

That Commission comprises of three members – one of which is appointed by the Board of Education, another by the Classified Employees, and the third appointed by the Commission itself.  Commissioner’s are paid a modest sum and are entitled to the same health insurance benefits offered to School Board members.  The Commission’s duties include:

  • Supporting the District’s Programs for management and staff training, development, ethics, and character building; 
  • Working collaboratively with School administrators, staff, employees, and applicants in recruitment, classification, salary recommendations, and employee relations; and
  • Improving the recruitment and selection processes to hire the best qualified candidates for the District.

As one accomplishment for the 2014-15 year, the Commission touted that it had hired 171 classified employees. Notably, the District’s hiring practices have recently come under scrutiny with the revelation that a music teacher hired in 2014 at Calle Mayor was arrested for possession of child pornography. Another teacher set to begin coaching basketball at West High last year was arrested for raping a former player.

At the last School Board meeting, local activist Arthur Schaper, waited for over two hours for oral communications before requesting that Furey Jr. be removed from the Personnel Commission. In response, the District superintendent, Dr. Mannon, correctly explained that per policy Furey Jr. could not be removed by the School Board, but only by the Commission itself.

While the School Board may not have the authority to remove Furey Jr. from his position, it does not mean it is entirely powerless. They could pressure the Commission to act by agreeing to send that body a letter requesting his removal.  They could also take other measures such as sending a letter to Furey Jr. requesting that he resign, as the Council concurred to do, or agree to another sort of censure action.

The issue, however, does present a conundrum for School Board officials.  As part of their Charter, the School Board is to “operate openly, with trust and integrity” and is to “ensure that the District is responsive to the values, beliefs, and priorities of the community.”  The Code of Ethics established by the Board also states that, “In all actions as a school Board member, the member’s first commitment is to the well being of our youth.  His/her primary responsibility is to every student in the District.”

Taking action against Furey Jr., however, might put the Board at odds with the employee’s union whose support and money many of the current Board relied upon to get elected.  The Furey family also has a long history of involvement and service to the District.  Mayor Furey served four terms as President of the Torrance Education Foundation.  Mayor’s Furey’s wife, Teresa, has served as a paid employee of the District as a Job Developer.  She earned pay and benefits of over $70K in 2014.

Furey Jr. was appointed to the Commission by the labor bargaining units and has served in his current role as a Personnel Commissioner since December 2012.  Records indicate that he received $7,456 in pay and benefits for his service in 2014.

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