Councilors this is only what you may do about your election to pursue a Civil Suit against Stacy Tebo.
At the next meeting you will have to make a decision to secure an Attorney who will institute a suit against Ms. Tebo. And this may be done with a majority vote not a vote of four, unless it is elected to terminate her. Yet, such termination may not be considered without the advise of an attorney since it must be established by law the various breaches of Tebo’s contract, the charter and the personnel manual. In a weak form of Mayor and council, the Manager is the one responsible for all actions within the Town. Thus, only an attorney may determine the cause and situation and take it before a court, including Judge Scaff’s court. You have not done your fiduciary duty with respects the Citizens of White Springs, and unless you do something, based upon an attorney’s advice, you will be subject to civil suits for your breach of a fiduciary duty to the Citizens.
However, you owe the Citizens of White Springs your fiduciary duties, which need to be unbiased against those of us who are stipulating it is time to make a change before White Springs is bankrupt. To this point, none of the Councilors have demanded financial information at any meeting which is required monthly from the Town Manager. Therefore, you have no choice. You put your faith in a manager who could not and would not do her duties and now White Springs has a liquidity problem.
Once an attorney is secured for the Civil Suit against Ms. Tebo, none of the council shall negotiate. You are not attorneys and only an attorney may negotiate and bring forth decisions for the council to determine. By negotiating the severance, you are stating virtually that Ms. Tebo did not breach her contract which is not the case and you will place our Town in a precarious position and make us unable to secure retribution.
For instance, Ms. Tebo’s contract is breached and has been for a long period of time and she has run down White Springs in the last four years to bring us into this dire position. She has not followed the terms of her contract which refer not only to the contract itself but to the Charter and the personnel mannual. That means, you may not feel sorry for her and offer her 13 weeks of severance, because the contract is breached. I am not an attorney and neither are any of the councilors, so THIS MUST BE HANDLED LEGALLY BY AN ATTORNEY WITH THE KNOWLEDGE OF WHAT IS NECESSARY UNDER THE LAW.
Because of the unlawful and gross misconduct of Ms. Tebo, our financial situation is in dire straits so only an Attorney may advise the council as to what damages the Council may secure on behalf of the Town. McKenzie, Brown and Lofton have been on the council throughout the entire time and have done nothing to protect the citizens even if it is their duty to do so. Currently the Citizens have taxation without representation and that is legally and morally wrong.
This is a serious dilemma which only an attorney may handle. So your next step council is to secure an Attorney, who will work to the benefit of the town and its citizens. You as councilors have no right, as non-attorneys, to make these decisions yourself, thus damaging your fiduciary responsibilities and being in the position of being sued or eliminated from office yourselves for cause.
This matter has been brought to your attention for at least two years by myself specifically. So, do your fiduciary duty now and take the first step by agreeing to hire an attorney on behalf of the town regarding the various breaches of Stacy Tebo’s contract, the charter and the personnel manual.
Karin for the blog