Investigators incensed over licensure issue; attorney taking hits for PERS

Attorney Michael Fitzpatrick defends his record and calls allegations 'harassment'

Opposition to the hiring of Neil J. Purcell, Jr., to conduct an independent investigation of management practices of Anderson Fire Protection District Chief Joe Piccinini continues to reverberate throughout northern California from Redding to Corning.

The latest group to weigh in with a complaint is CALI or California Association of Licensed Investigators, the larger of two professional organizations in the state dedicated to promoting and defending the licensing of private investigators.

“As one of the Redding District officers for CALI, I will be calling for an investigation in the next two or three weeks into the matter” of whether Purcell was properly licensed in the state of California to conduct such an investigation, said Lee Wolfe of Redding when contacted by telephone late Friday.

Wolfe is the newly-elected District Governor for CALI's Redding District, one of 13 such CALI districts in the state, according to the organization's Web site.

“CALI's interest in this investigation is strictly in order to protect the integrity of this profession,” Wolfe said.

Additionally, the Valley Post learned late Tuesday, July 14, during a regularly scheduled Corning City Council meeting that same evening, a Tehama County citizens' watchdog group led by Dean Cofer had publicly called for the termination of Fitzpatrick's contract as City Attorney for the City of Corning for allegedly failing to give the city “proper legal advice and representation.”

Cofer's “Concerned Citizens” group further alleged that Fitzpatrick has improperly collected Public Employee Retirement System (PERS) payments since 2005 from both the City of Corning and the City of Anderson.

Additionally, Cofer's letter read into the record at the Corning City Council meeting states, in part, that Corning City Manager Steve Kimbrough and Fitzpatrick were notified in 2005 and again in 2007 that “Mr. Fitzpatrick did not qualify for (PERS) membership from July 1, 2005, through current” (July 17, 2007) since he is also collecting PERS benefits from the City of Anderson.

Fitzpatrick's own Web site indicates that he is City Attorney in Anderson, Corning and Orland, although an Orland city administrator told the Valley Post on Friday that Fitzpatrick had ended his contract with that city “several years ago.”

When contacted late Wednesday, Fitzpatrick told the Valley Post that he has never worked more than part-time for the City of Anderson and thus felt well within his rights to also negotiate for part-time contributions towards PERS from the City of Corning, which made him a part-time employee in 2005, as well as the County of Trinity, where he had previously served as a part-time county counsel. He has not worked in Trinity County since 1998, however, county records there state.

Corning is paying about $12,000 per year into Fitzpatrick's PERS retirement account, while the City of Anderson pays a total of almost $17,000 annually into Fitzpatrick's PERS account on top of the attorney's $59,685 annual salary based on 20 hours of work per week, reported Liz Cottrell, Anderson's finance office manager.

Fitzpatrick's other contracts with the Anderson Fire Protection District and the Mountain Gate Community Services District are paid on a per hour basis and do not contain any PERS contributions as additional benefits, representatives for both agencies said Friday, July 10.

In a strongly worded rebuttal addressed to Corning's Mayor, Council and citizens and released Thursday, July 16, to the Valley Post, Fitzpatrick characterizes Cofer's statements as "character assassination" adopted as a tactic "as he relentlessly attacks our City government . . . directing his venom at official after official . . . in the guise of making legitimate inquiry."

"Mr. Cofer has engaged in a campaign of harassment of City Hall and seems to find pleasure in demeaning those who have chosen to serve. His most recent attacks, directed at me, your City's attorney for the past 20+ years, are both uninformed and misguided . . .," Fitzpatrick's letter states, in part.

"In mid-2007, it was brought to my attention by PERS that for some reason, even though my annual PERS statements have never shown this, I am entitled to a full year of service credit for each part-time year I have served with the City of Anderson. This was inconsistent with the reports PERS itself had always provided me in past years. When a letter came from PERS to the City of Corning in 2007 informing the (c)ity that I was not eligible to contribute from both cities, the City of Corning stopped making contributions for me into PERS and I began looking into obtaining some other type of retirement account where my funds could be deposited. The City Council was informed of this and was fully aware that I would be taking steps to redirect my retirement funds. I have written PERS, called PERS and traveled to Sacramento to meet with PERS staff, hoping there might be some way I could leave my funds with them. Because of the lack of response from PERS, I recently elected to draw out my retirement funds, pay taxes on them and wait no longer on PERS to respond to my inquiries," Fitzpatrick’s letter states in direct response to the issue Cofer’s group raised regarding multiple PERS payments.

© 2009 Anderson Valley Post. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Comments » 16

HeardEnough writes:

tell them to get unincensed...the DA checked the validity of the use of purcell by the fire district attorney. tell the magnum PI's that the job was done by a "professional" with 41 years experience, not some snoop dog with a polaroid camera and binoculars.

Treachery_Runs_Deep writes:

So, let's see. Fitzpatrick is in pretty deep trouble right about now with his unethical behavior; he could possibly be fired and then be faced with disbarment. Neil Purcell is not licensed as a private investigator in California and his report is basically deemed illegal. Benito did not act on complaints about Purcell because Benito is facing some skeletons in his own closet and doesn't wish to stir up much trouble. Keith Webster is being investigated by the Fair Political Practice Committee. Norma Comnick will be investigated by the same agency for her misconduct. Butch Schaefer has proven to be an embarrassment to our community by acting in a very unprofessional manner by threatening/screaming/intimidating a citizen in front of other witnesses. This man should not be allowed to carry a gun, end of discussion.

For every rock you turn over in Anderson, snakes just begin crawling and slithering out. There should be a vote of no confidence in our City Councilors and Fire Board Members as well as the city attorney.

Chief Piccinini should never have been allowed to have to contend with their unprofessional game playing and violations of the Brown Act which began for him almost as soon as he started.

Anderson should do away with the current Fire Protection District and contract out for all their resource needs. Who needs people who really don't want to work.

HeardEnough writes:

FIRE ALL THE STINKING RATS!!! fire the crooked attorney, fire the city council, fire the fire board, re-hire and fire the city manager, fire the corrupt firemen, fire that guy that operates that stupid lawn mower at the park, fire the police chief, fire the DA...un-resign chief joe and give him the job of running this sinful city.

foreverpondering writes:

in response to Treachery_Runs_Deep:

So, let's see. Fitzpatrick is in pretty deep trouble right about now with his unethical behavior; he could possibly be fired and then be faced with disbarment. Neil Purcell is not licensed as a private investigator in California and his report is basically deemed illegal. Benito did not act on complaints about Purcell because Benito is facing some skeletons in his own closet and doesn't wish to stir up much trouble. Keith Webster is being investigated by the Fair Political Practice Committee. Norma Comnick will be investigated by the same agency for her misconduct. Butch Schaefer has proven to be an embarrassment to our community by acting in a very unprofessional manner by threatening/screaming/intimidating a citizen in front of other witnesses. This man should not be allowed to carry a gun, end of discussion.

For every rock you turn over in Anderson, snakes just begin crawling and slithering out. There should be a vote of no confidence in our City Councilors and Fire Board Members as well as the city attorney.

Chief Piccinini should never have been allowed to have to contend with their unprofessional game playing and violations of the Brown Act which began for him almost as soon as he started.

Anderson should do away with the current Fire Protection District and contract out for all their resource needs. Who needs people who really don't want to work.

AMEN!

HeardEnough writes:

Maybe the firemen will offer to help the "chief" pack as a going away present...

southcounty1 writes:

This is another non-news story by the biased newspaper, which was part of that hate group. Grasping at any straws is this hate group. Two people get together and call themselves a "citizens group" and the biased mainstream media pounce on it. A whole fire department is ready to resign because that jerk ex-chief, and Mr. Winship gleefully ignores them!

Let's get the Red Bluff
Daily news up here to give some accurate reporting.

Treachery_Runs_Deep writes:

SoCo1, why do I have the feeling you're one of the disgruntled wives of one of the disgruntled firemen. The paper has not been biased, it's been fair...so sorry you don't like dealing with honest facts. The Fire Board/Council is used to promoting their own brand of the truth that everyone forgets how to think on their own and see things for what they really are. I think all the firefighters/volunteers should resign, they didn't want to work, and that's another documented well-known fact. Let other people have a chance at their job since all they want to do is moan and groan and act like children. The Chief expected them to grow up, step-up and perform their duties. They didn't want to, especially the physical fitness part. Seriously, has the community looked at the two interim chiefs? They'll be lucky to not have heart attacks within the year. How terrible of the Chief to want them to take care of their health, yeah, what a jerk he was for wanting that.

HeardEnough writes:

if you think there is not a bias, re-read this and other articles. Where is the statement from Fitzpatrick? Was he contacted? If so, was there a "no comment"? Where were the interviews during the investigation? Was Purcell or Fitzpatrick interviewed to explain the validity of using a non-licensed investigator? Does the paper EVER interview other parties? I don't think we, as a readership, will ever get a true story from the Valley Post again. Rather than have the Red Bluff Daily News cover Anderson. Why not ask the Anderson High School journalism class do it. They would do a far better job.

Treachery_Runs_Deep writes:

I've reread everything ad nauseum and it all adds up to the same answer. You're guilty of twisting truth to fit your own misguided logic. Not sure why you're so quick to defend Fitzpatrick who is under investigation and possible disbarment if convicted.

The Anderson Valley Post reports fairly. If it appears everyone you seem to worship with unquestionable adoration is being so severely wronged in your eyes, then maybe it's time for you to take off your blinders. Also, if they ask you to drink the Kool-Aide you better rethink that one.

HeardEnough writes:

in response to Treachery_Runs_Deep:

I've reread everything ad nauseum and it all adds up to the same answer. You're guilty of twisting truth to fit your own misguided logic. Not sure why you're so quick to defend Fitzpatrick who is under investigation and possible disbarment if convicted.

The Anderson Valley Post reports fairly. If it appears everyone you seem to worship with unquestionable adoration is being so severely wronged in your eyes, then maybe it's time for you to take off your blinders. Also, if they ask you to drink the Kool-Aide you better rethink that one.

where did you read that fitzpatrick is possibly going to be dis-barred? if untrue, that is defamation of character, and not covered by the first amendment. I will request the removal of your post. let's see if the Valley Post honors their own terms of service.

"Comments are the sole responsibility of the person posting them. You agree not to post comments that are off topic, defamatory, obscene, abusive, threatening or an invasion of privacy. Violators may be banned"

Treachery_Runs_Deep writes:

Request away HurdEnuff...do I care? And I did use the word "possible." You need to not have such a knee-jerk reaction and understand what you're reading. Just maybe there are some people out there who know more than you about the situation with Fitzpatrick (I know you find that outrageous but just give it a thought). As far as your last paragraph, I assume you wrote that while looking in the mirror.

All I've ever said or implied or even suggested is that it appears there are lots of people needing to be investigated here in Anderson. The grand jury agrees or did you miss that part? Not sure what your personal agenda is with all this, maybe just an attention thing. If that's what it is, have fun with it. I doubt I reply further to you because intellectually you are no challenge.

HeardEnough writes:

in response to Treachery_Runs_Deep:

Request away HurdEnuff...do I care? And I did use the word "possible." You need to not have such a knee-jerk reaction and understand what you're reading. Just maybe there are some people out there who know more than you about the situation with Fitzpatrick (I know you find that outrageous but just give it a thought). As far as your last paragraph, I assume you wrote that while looking in the mirror.

All I've ever said or implied or even suggested is that it appears there are lots of people needing to be investigated here in Anderson. The grand jury agrees or did you miss that part? Not sure what your personal agenda is with all this, maybe just an attention thing. If that's what it is, have fun with it. I doubt I reply further to you because intellectually you are no challenge.

actually, i've made you my hobby. i pull your string, and watch you react. cheap entertainment, toots. and of all the concerned citizens, you're possibly the battiest one of the bunch. have a banana.

notice i said "possibly".

sickofit writes:

The bottom line is this. It was not "illegal" to hire Purcell. It was, I believe, immoral, as he is clearly a hired gun who knew way too much about this case prior to being "hired". He had a direct pipeline from the fire chiefs "faithful" and "trusted" secretary. The same faithful and trusted secretary who told all of Raners secrets to all her friends and others. The same faithful and trusted secretary who helped write and distribute (along with Comnick) the "anonymous" letter that was the ultimate undoing of former APD chief Sammis. Oh, and by the way, she also was leaking info to Purcell about Sammis, and guess who came in riding on his white stallion to save the city from Sammis. You got it...Purcell. Illegal? No. Immoral? Most certainly. I can tell you this, they need to get rid of this "faithful" secretary, and of course, Comnick. Webster and Schaeffer? Not as bad as Comnick, but certainly due for replacement.

sickofit writes:

If the Grand Jury gets involved and does their job correctly, they will subpoena the fire departments phone records prior to Purcell coming on board, and most especially, the cell phone records of the secretary and Purcell. I guarantee you, she was talking to him daily, and probably hourly, as she was from the police department phones prior to the Sammis ousting.

southcounty1 writes:

when the Grand Jury gets involved, this is all going to come out, including the names and emails of all the hate group trying to run down our city and fire department. And if the Searchlight is sucessful in opening the comphrensive report done by Purcell, then "Katie Bar the Door." Lots of rats will be running for cover!

Even the newspaper editor's involvement will be revealed.

southcounty1 writes:

By the way, ,what was the last newspaper job this editor had, anyway? (Shudder to think)

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