TEBO’S BREACH OF CONTRACT:
Powers and Duties of the Town Manager of White Springs, FL – These are the duties which have been breached:
DOES NOT COMPLY WITH APPLICABLE LAWS OR AUTHORITY
The Manager shall comply with (collectively “Applicable Laws and Authorities”) state and federal law, the Town’s Charter, all Town policies, rules, regulations and ordinances as they exist or may hereinafter be amended; and , all lawful Council directives. All duties assigned to the Manager by the Council shall be appropriate to and consistent with the professional role and responsibility of the Town Manager position.
- The Town Manager has continually disregarded law and policies and just recently gave no notice of a Special Meeting which was NOT an emergency by definition and as such did not post or allow citizens to participate in the Sunshine by doing so within 24 hours. It is the Manager’s duty to advise the Council Members if they are breaking the law.
- The Town Manager also should have worked with the Hamilton County School Board and the Strong Foundation to have determined the requirements, secured a quotation for a Tulip policy for which the Strong Foundation would have been the Insured and protecting the Town from Liability as well as the Hamilton County School District with each being listed as an additional insured. Permission should have been sought in April when the Council provided a donation of $2,000 to the Strong Foundation and Ms. Tebo should have inquired whether the Town was to secure insurance on behalf of Mr. Strong or if Mr. Strong would be providing such insurance and protecting the Town from Liability as well as Hamilton County.
- Tebo provided favoritism to an employee, Andrew Greene, by allowing him the benefit of utilizing the Fire SUV for Mr. Greene’s personal use along with credit cards for maintenance and fuel This incident is being investigated by the Commission on Ethics and by such allowance, the Grantee was lied to about it use by Ms. Tebo in writing..
- Tebo removed the best Fire Chief and firefighters White Springs has ever had and hired a new Chief who would favor Greene and in the meantime White Springs has not had Fire Protection for at least 18 months This incident is currently being investigated by the Commission on Ethics.
DOES NOT COMPLY NOR ADHERE TO PERSONNEL POLICIES OR THE FMLA:
The Commission on Ethics stipulated that paying an employee for two years or more while the employee was unable to work was a “Management Decision” and under the Rudd Act, another government entity may not be involved with a Municipalities decisions. Yet the council was not advised nor was this approved by the council. The Commission on Ethics said that is up to the Council to make a decision on this matter.
- The Personnel Policy States: Under 2. page -28- Duration of EACH leave – It states Annual Leave shall be limited to thirty (30) consecutive calendar days unless approved in ADVANCE by the Town Manager.
1) It may discuss leave but it does not say we pay his medical
2) There is no contract and this allegedly was NOT approved in “advance” BY CONTRACT OR WRITTEN STATEMENT
3) A prudent individual would not anticipate being paid for two years nor would a prudent manager feel that it would be correct to pay someone for not working.
4) The Town Council was never apprised of the payments being made to an employee who was unable to work and which was not in accordance with the personnel file
5) The employee did not sign time sheets and the Manager Tebo and Pam Tomlinson instead falsified and signed the time sheets.
- Medical Leave under the Federal Medical Leave Act:
Under the FMLA, you are entitled to time away from your workplace for certain health-related situations. Although you are not entitled to receive your pay during this time of absence, your job is protected and health insurance benefits must generally continue. Under the FMLA, you are entitled to take 12 weeks of unpaid leave during a twelve-month period for: A serious health condition that makes you unable to perform your job.Ms. Tebo did not follow the Personnel Manual nor Federal Law nor did Ms. Tebo ask for approval from the Town Council..
DOES NOT ADHERE TO THE MANAGER’S CONTRACT NOR PERSONNEL PAID LEAVE, VACATION, SICK, PERSONNEL AND HOLIDAY TIME:
Ms. Tebo’s contract states under 3.3 PAID LEAVES – VACATION, SICK, PERSONAL, AND HOLIDAY PER MS. TEBO’S CONTRACT HAS BEEN BREACHED The Manager may take at the Manager’s choice, the same number of hours of vacation authorized and adopted for employees of the Town, the leave must be in a single period or at different times. The vacation leave taken by the Manager will be taken at such time or times as will least interfere with the performance of the Town Manager’s Duties. The Manager is hereby granted the same sick/personal leave benefits as authorized by Council policies for employees. The Manager shall observe the same legal holidays as provided by the Town for its administrative employees
The Manager acknowledges the proper performance of the Town Manager’s Duties require the Manager to generally observe normal business hours and will also often require the performance of necessary services outside of normal business hours. The Manager agrees to devote additional time as is necessary for the full and proper performance of the Town Manager’s Duties and that the compensation
- Tebo in her first and subsequent years has taken Friday’s off and in subsequent years has taken Fridays and most of the hours on Mondays. Ms. Tebo has taken weeks off and may not show up for work on week days. She has shown that the Manager’s job in White Springs is only a part-time position but in accordance with Ms. Tebo’s contract she has been paid $55,000 a year with a $3,000 raise in October of 2018 for full-time employment under contract. Thus this is another breach of her contract.
DOES NOT APPRISE COUNCIL OF DEFICITS, REMEDIAL ACTION SUGGESTIONS OR REMEDIAL ACTION IF REVENUES ARE INSUFFICIENT OR DO NOT FALL WITHIN THE BUDGET BECAUSE OF UNEXPECTED COSTS
If at any time during the fiscal year, it appears to the Town Manager that revenues appropriated will be insufficient, he or she shall report to the Council without delay indicating the estimated amount of the deficit. The Town Manager shall suggest remedial action to be taken and recommend to the Town Council such other steps needed to reduce the deficit. The Town Council shall take further action to prevent or minimize a deficit and for that purpose may, by motion, reduce one (1) or more appropriations.
- THIS MATTER IS OF EXTREME IMPORTANCE AND ONE IN WHICH MS. TEBO HAS NEVER APPRISED THE COUNCIL OF. NOR HAS SHE MADE SUGGESTIONS AS TO HOW TO MINIMIZE THE PROBLEM SHE ONLY KNOWS HOW TO SPEND. AS SUCH WE LEARNED THAT WE ONLY HAVE TWO MONTHS CASH FLOW OR LESS AND THE TOWN MANAGER HAS NOT GIVEN THE COUNCIL ANY SUGGESTIONS FOR REMEDIAL ACTION OR THE NECESSARY STEPS TO REDUCE THE DEFICIT.
DOES NOT PROVIDE FINANCIAL AND BUDGET PROGRESS REPORTS AT EACH REGULAR COUNCIL MEETING
Keep the Town Council fully advised as to the financial condition and future needs of the Town by providing a financial and budget progress report at each regular Council Meeting.
- No financial or budget progress report has ever been provided ON A MONTHLY BASIS AT A REGULAR COUNCIL MEETING so the Council has no idea where we are at financially. Our dire financial situation had to be provided by our CPA. And as a result she continually secures grants and equipment in the darkness, not advising the council whether our seed money or loan payments will affect our budget.
LACKS IN SUPERVISION SKILLS AND DOES NOT DIRECT OR SUPERVISE ALL DEPARTMENTS.
Shall Direct and supervise the administration of all departments, offices and agencies of the Town, except otherwise provided by this Charter or by law
- Tebo does not supervise any and all departments other than those located on the grounds of Town Hall. Ms. Tebo’s supervision skills include locking herself in her office and emailing all subordinate employees and volunteers. Ms. Tebo has not evaluated the employees who work for her allowing many financial infractions and people not fulfilling the Job. Ms. Tebo likewise has not advertise jobs and has recently hired another individual in roads and streets without apprising the council of what is being done and what the salaries may be.
DOES NOT PROVIDE STAFF SUPPORT AND HAS BIAS AGAINST ONE ELECTED COUNCIL MEMBER
Provide staff support services for the Mayor and Council members.
- Every Councilor with the exception of Helen Miller are able secure support staff or speak with Ms. Tebo at any time. Tebo allowed former Mayor Lofton office space in Town Hall. Stacy Tebo in depositions has clearly stated she dislikes Helen Miller and will not listen to anything Mayor Miller will tell her. This bias is unacceptable of a Town Manager and currently the Commission on Ethics is reviewing and investigating this claim from an ethics standpoint because Ms. Tebo had no right to charge Mayor Miller as a “rogue” council member and be paid by the Town and its citizens for Ms. Tebo’s attorney fees whether or not approved by the council in part by reason that Town Attorney Koberlein found it unethical and apprised the council at the time.
HAS NOT ADMINISTERED OR MAINTAINED A CLASSIFICATION OR SALARY SCHEDULE FOR WHICH COUNCIL APPROVAL IS RECOMMENDED
Recruiting efforts to fill current or projected vacancies shall be the responsibility of the Town Manager. The Town Manager shall have the responsibility for the administration and maintenance of the Classification Plan and Salary Schedule. The Classification Plan will be audited on a regular schedule and modified if needed. Amendments or modifications to the Pay and Classification Plan shall be approved by the Council upon a recommendation from the Town Manager.
- Although Ms. Tebo fills current or projected vacancies, the Council is and has never been apprised of what said employees are paid and who is hired and why and whether such falls within our budget. Jobs are not advertised but instead are chosen based on current employee recommendations so that local residents may not be hired for any positions of the Town.
COUNCIL-WEAK MAYOR FORM The original form of municipal government in America was the council-weak mayor form, which was near-universal in the nineteenth century. It is still widely used, particularly in small towns. In most weak-mayor systems, the office of mayor is simply rotated among the elected council members on an annual basis. The council retains collective control over administration, including appointment and dismissal of municipal employees and appointments to boards and commissions.
TOWN MANAGER MAKES NO ANALYSIS BUT ALLOWS DEPARTMENT HEADS TO DETERMINE WHAT IS NECESSARY AND SINCE THE AMENDMENT OF A CURRENT BUDGET IS DISCOURAGED, MS. TEBO SHOULD SEEK COUNCIL APPROVAL or at least apprise the council.
The Town Manager shall analyze the new position requested by the Department Heads and recommend to the Department Head the appropriate title and rate of pay in accordance with the Town’s Classification Plan. The request, with the Town Manager’s recommendations shall then be submitted for budget approval during the normal budget process. The creation of new positions within the existing fical budget year, causing a need to amend the current budget, is discouraged….
- Yet Ms. Tebo hires who she wants with disregard of our budget.
DOES NOT SEE THAT ALL LAWS, PROVISIONS OF THIS CHARTER AND ACTS OF THE TOWN COUNCIL ARE FAITHFULLY EXECUTED
Shall see that all the laws, provisions of this charter and acts of the Town Council, subject to enforcement by the Town Manager or by officers subject to the Manager’s direction and supervision are faithfully executed;
- Tebo did not follow the statutes relating to LOFT. Ms. Tebo does not follow the Charter or the Sunshine Laws nor does she require her employees to follow these laws or laws regarding Chapter 119. Various Incidents of her lack of following the Charter and Sunshine Laws may be found and provided, if required. The recent Special Meeting of June 5th in itself will show her obvious disregard for the Law.
These acknowledgements of Ms. Tebo’s Breach of Contract do not include the Possible Non-prescription use of Opioid drugs which she admitted under oath in a deposition of the Rivers Case. Upon receiving the deposition in the DeBary case, Ms. Tebo stated no opioid drugs were taken and listed various drugs which she supposedly was prescribed for her Rheumatic Arthritis, with only a name of doctors she could see on Saturdays which she stated in brief so that there could be no verification.
It also does not include her lack and inexpediency of Town Business matters of which some have been transfered to certain councilors to handle rather than herself placing such councilors in jeopardy of their positions .
LEGISLATIVE AUTHORITY IS VESTED IN THE COUNCIL AND IT IS THE COUNCIL’S FIDUCIARY DUTY TO ASSURE THAT THE MANAGER WHICH THEY HAVE HIRED IS PERFORMING HER JOB WITHIN THE LAWS OF THE STATE AND FEDERAL GOVERNMENT, AND THE MUNICIPAL CHARTER AND MORE SPECIFICALLY, HER CONTRACTUAL OBLIGATION TO FULLFILL THES LAWS.
- MANAGER/ADMINISTRATOR The council-manager form of municipal government provides for a separation of legislative and executive powers. Legislative authority is vested in the council, while a manager, appointed by the council, serves as chief administrator.For questions on these distinctions and job descriptions, please contact the Florida City and County Management Association