ETHICS COMPLAINT ON TEBO of Saturday, June 09, 2018
(4) MISUSE OF PUBLIC POSITION.—No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31.
On May 23 this citizen did formally file with THE Town of White Springs, Florida the following Citizen Complaint. Citizen did so because Florida Statute 163.3202 requires enforcement of Land Development Regulations.
FORMAL CITIZEN COMPLAINT
Wednesday, May 23, 2018
CITIZEN FORMALLY COMPLAINS THAT VICE MAYOR TONJA BROWN DID BECOME A “ROGUE COUNCIL MEMBER” WHEN SHE DIRECTED THE PRIOR CODE ENFORCEMENT OFFICER, JOHN DAVIS, TO CITE THE MOBILE HOME PARK FOR VIOLATIONS OF THE TOWN ZONING CODE BY NOT HAVING THE DRIVE WAY AT THE TRAILER PARK PROPERLY PREPARED.
CITIZEN FAILS TO UNDERSTAND HOW THIS INFLUENCE OR “DEMAND” OF A TOWN STAFF MEMBER IS ANY DIFFERENT THAN COUNCIL MEMBER MILLER SEEKING SUPPORT FOR HER PROJECTS.
CITIZEN DEMANDS THAT THIS VIOLATION OF THE RULES OF THE CHARTER BE HANDLED EXACTLY LIKE MRS. MILLER WAS HANDLED INCLUDING A VOTE ON WHETHER SHE, TONJA, IS GUILTY OF MALFEASEANCE, MISFEASENCE OR THE LIKE ACCORDING TO CHARTER PROVISION 2.03 AND 3.02 (ATTACHED).
PATROLMAN DAVIS’S LETTER OF RESIGNATION IS AS FOLLOWS:
“I regret to inform you, I will no longer be fulfilling the duty of the Code Enforcement Officer for the Town of White Springs. This decision did not come easily, nor does it reflect my employment with the White Springs Police Department. There have been many issues; I have run into when trying to handle the Town’s Code Enforcement, with little or no assistance from you. To recap:
First, is the issue with making follow-up contacts that interfere with my primary job’s directive?
Second, you have asked me to make follow-up phone calls to make sure private sources are cleaning a property. It is not the job of the Code Enforcement officer to make up follow-up calls for the property owner. Once a 30-day notice is delivered the property owner is responsible for compliance. In the event the owner negates to fix the violation within the given time, the next Code Enforcement action is to summons the violator in front of a Code Board or Special Magistrate. At this point the circumstances cannot proceed without the board or magistrate in place.
Third, there appears to be only one goal in the enforcement actions I have been requested to make from you and that is to enforce action that directly affects the interest of yourself and your duty. Code Enforcement should be utilized in the interest for the Town of White Springs as a whole. Code Enforcement is not a pick and chooses process. It is unlawful to target properties, while not enforcing the whole town. Code Enforcement should not be a complaint-driven system.
Fourth, you and Vice Mayor Brown on several occasions requested me to write a letter to the owner of the trailer park I reside in demanding their privately-owned driveway be fixed. I made you aware of the fact that such action may affect my living situation and the issue does not fall under violations of the town’s ordinances. Also as a code enforcement officer, it is my duty to inform you that a direct attempt to provoke the owner to comply with personal gain is unreasonable and unethical. When I told you my concerns, you still wanted me to write the letter.
The entire town needs proper Code Enforcement. It is also not accomplishable by me working one day a month. I have spoken to you about making a schedule and increasing the days spent on enforcement but to no avail.
In closing, it’s in my best interest to step down from the position and resume my regular position as a Police Officer. I hope the town will continue the code enforcement at a later time. It is easily noticeable the town was not prepared for a code enforcement position and I hope in its future endeavors, it properly sets up a functioning position.
Thank you for your time
Citizen Formally Demands the exact same process used for Helen Miller please.
Joe E. Griffin
TEBO has misused her position to 1) block the Citizens Complaint and 2) to completely interfere with the Code Enforcement Officers duties by demanding that he do his job contrary to the Land Development Regulations. Tebo is the Town Manager of the Town of White Springs. TEBO is bound by the Land Development Regulations because of her position as Town Manager of the town. According to the prior Code Enforcement Officer (see resignation letter) she is allowing, in fact encouraging, the LDRA to make things up as she goes along to practice government as she (Tebo) and wants it to be. The law is irrelevant to this Town Manager.
The Trained Code Enforcement Officer did in fact resign because of the activities leaving the Town of White Springs without Code Enforcement of the Town of White Springs. Florida Statute 163.3202 requires enforcement. As he states the LDRA, the LDR Administrator Tebo couldn’t help from putting her fingers in the pie for her personal whims. And Lofton allows and encourages her to do so.
One of the two things this Complaint is about is that Ms. TEBO is protecting her good close personal friend Tonja Brown, Vice Mayor, from the Citizen’s Complaint. Lofton allowed and encouraged Tebo gave to Ms. Brown a “gift” in order to secure Brown’s continued support of Tebo and himself as Mayor of White Springs in voting with him as a block. In the last five years Brown has voted with the Mayor on 900 + votes of the Council on matters of public concern. In fact Brown has never voted against the Mayor and thus Tebo (whom controls the Mayor) in the last five years thereby forming a block of three votes, now Bullard, Lofton and Brown, making a block of votes of 3 to 2 for whatever Tebo wants done.
In a prior event, three months ago, Tebo sought the removal of a sitting Council member by introducing into the town minutes the charges against Miller, the Council member (Attachment One is the Complaint against Miller). A hearing was held, the Council voted 3-2, (one of 900 votes that Tebo has shared an opinion on), to declare Miller’s seat on the Council Forfeited. Miller appealed and was found guilty and her seat was vacated by the Block of Three. Tebo’s complaint against Miller is Attachment One of this Complaint.
It is recognized that the charges against Brown are minor, injecting herself into town business, BUT it is exactly the same charge brought against Miller. Yet Tebo got the requested hearing of Brown blocked by simply not putting it on the agenda. It was all done semi-legally and above board except for the Block of Three voting in Lockstep as Tebo wants and wanted and denying the Citizen Complaint above without Due Process.
Griffin’s Complaint against Brown did not get a hearing because Tebo and the Mayor did not want to follow the law and the U.S. Constitution Amendment One Section 5, a summary of which is as follows:
First Amendment – Religion and Expression. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Citizen is allowed to question his government and redress it for grievances. To get a redress of grievances in White Springs the Complaint must be filed before the first of the month (it was) and it must be put on the agenda by the town manager with the approval of the Town Mayor (it wasn’t). Enough evidence must be presented to verify a cause of action or probable cause. I used the resignation letter from the Code Enforcement Officer to verify a cause of action and probable cause.
I sent emails twice to Council members including the Mayor and four times to Tebo stating my desire to handle this complaint exactly like Mrs. Miller’s action. The Fourteenth Amendment to the U.S. Constitution is quoted as saying:
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
TEBO made sure it was not handled the same by refusing to place the complaint on the agenda for the June 2018 meeting of the Council. The Mayor backed up Tebo’s decision to not bring the complaint to a decision of the Council. The Citizens in general and this citizen in particular did not get equal protection under the law.
Lofton and Tebo offered and Ms. Brown accepted the “gift” of not having an investigation of Brown’s and Tebo’s actions in trying to get the Code Inspector to “write the letter” even though he the Code Inspector was correct in denying penning the letter. The “gift” was her public office not being at risk and the due process of having her removed or maintained. See Williams v. Kelly, 133 Fla 244 246 182 So. 2d 881, 882 (Fla. 1938). Because of the offer and acceptance of the “gift”, Brown will continue to vote with the Block of Three and do TEBO’S bidding.
Additionally TEBO has misused heer position to completely interfere with the Code Enforcement Officers duties by demanding that he, the Code Officer, do his job contrary to the Land Development Regulations. Tebo is the Land Development Regulations Administrator (LDRA). TEBO is bound by the Land Development Regulations. According to the prior Code Enforcement Officer (see resignation letter) she is making things up as she goes along to practice government as she wants it to be. She can’t resist putting her fingers in the pie and Lofton is there to lick her fingers.
Ms. Brown’s interference not withstanding TEBO has still misused her position to do all of the things the Prior Code Enforcement Officer said in his resignation letter. The “gift” to Ms. Brown is just icing on the cake showing TEBO’S willingness to violate the law and precedent by violation of the Fourteenth Amendment and the Ethics requirement stated at the beginning of this complaint. Thus Tebo gets to keep her job and salary and Lofton provides her cover for her (known to Lofton) illegal activities.
TEBO in her OATH OF OFFICE, promised to defend the Constitution and the laws of the town. Oath of Office attached. she has not done so in this case and many others. She has violated, Citizen believes, the Ethics laws of Florida Statute 112.313 (4) and Articles One and Fourteen of the U.S. Constitution.