Elkind did not have a right to represent the Town only the Town Manager and Staff was agreed to by the council

You will probably recall that Attorney Darren J. Elkind was hired to defend Stacy Tebo at the Helen B.Miller, PhD hearing.

Mr. Elkind, instead of our Town Attorney Karen Hatton,  elected to also answer all responses on behalf of the Town of White Springs with  Dr. Miller’s motion for certiorari (Certiorari, often abbreviated cert. in the United States, is a process for seeking judicial review and a writ issued by a court that agrees to review).   Of Course, Judge Decker did not agree to such a review and wrongfully stated Helen Miller had judicial prudence which was not the case. Yet we must pay Mr. Elkind who was not the attorney of record for the Town of White Springs.

Initially Stacy Tebo was told to secure an attorney to protect her for $7,500 by the Power of Three.  Stacy Tebo chose her friend Darren Elkind at $250 per hour including his five hour trip to White Springs.   Joe Griffin Complained about the fact that there was not a separate contract. Helen Miller was already removed from her seat and Walter McKenzie did not question the  power of three as to securing a contract.  Please read Mr. Elkind’s letter regarding the Hearing in Removal of Town Council Member.  You will note Mr. Elkind changed “Stacy Tebo” to “Staff” but nevertheless, Ms. Tebo was favored with protection never afforded an employee who goes after an elected council member:

 

“Dear Ms. Tebo:

I want to thank you for the opportunity to represent the town staff of the Town of White Springs, regarding an upcoming hearing to determine the removal of Town Council Member Dr. Helen B. Miller.  I would ask that you please allow the letter to confirm the terms of our engagement.   My duties will be to represent the town’s staff, to include the Town Manager, at the hearing before the Town Council regarding the removal of Councilmember Miller pursuant to Section 2.03 of the Town Charter.   I understand the Town Attorney will advise the Town Council regarding all procedural issues during the hearing and will otherwise represent the Town as an entity during this process.  It is further my understanding that the Town Coiuncil has by majority vote, authorized my representation as set forth in this letter and that the Town will be responsible to pay my fees.  I have agreed to bill at a rate of $250 per hour, and that I have agreed to bill a flat charge of 5.00 hours for each trip to White Springs ($1,250)  We have anticipated that I will only make one trip for the hearing and that all preparation with staff will be done telephonically.  I will not take any phone calls from members of the public nor any other person other than yourself unless you specifically instruct me to either make or take such phone calls.  I understand that the above referenced hearing has not yet been scheduled, and I am prepared upon execution of the engagement letter, to schedule the hearing with you.

In addition to the foregoing terms, our firm’s standard “Terms of Engagement Agreement” is attached hereto and forms part of our agreement to provide legal services.  Should you have any questions regarding the foregoing or in any way disagree with these terms, please contact me immediately.  Otherwise please sign in the spaces indicated below and return this letter to me.  I LOOK FORWARD TO WORKING WITH YOU.

Very truly yours,

 

Darren J. Elkind

DJE/ab

Enclosure

Accepted by

Town of White Springs Stacy Tebo, Town Manager  “

 

I have looked at the “Terms of Engagement Agreement by Paul, Ekind, Branz and Kelton, P.A. and it seems to be only a boiler plate regarding the scope of work, legal fees, who will provide the legal services, Termination, Out of Pocket Expenses and Retainer and Trust Deposits….so there is NO MENTION OF REPRESENTING THE TOWN OF WHITE SPRINGS.   What we owe for his response to Helen B. Miller, PhD’s writ of certiorari, it was never mentioned in a meeting or otherwise.  Nevertheless, Mr. Elkind was not approved to handle the Town of White Springs only the staff and Town Manager for which council approval was given in  this hanging kangaroo court hearing.  Of course Rhett Bullard, Tonja Brown and Willie Jefferson don’t give a rip about how they spend other people’s money for their own benefit.

 

Karin for the blog

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