The complaints which were dismissed – still awaiting decisions on our complaints to the Ethics Commission on Rhett, Stacy and Pam

It is obvious that the Town of White Springs under the direction of Mayor Rhett Bullard does not follow the laws of the US Constitution, The State of Florida, the Town’s own Ordinances and the Charter.   Every Citizens complaint regarding these laws has been ignored by an ignorant council and a Mayor who allows his employees not to follow laws which may be inconvenient to them, since inefficiency obviously is part of the Town’s modus operandi.    Yet the Mayor and the Councils’ position are to serve the public and to abide by all laws.

 

August 23, 2016 Complaint 2016-11 In accordance with the town policy on handling Citizen Complaints, Ms. Tebo knowingly violated Florida Statute 19 and Amendment One of the U.S. Constitution.

On August 23, 2016, I scheduled a meeting with Stacy Tebo, Town Manager of the Town of White Springs.  I invited Pam Tomlinson, City Clerk and Tracy Rodriquenz, Police Chief along with my wife, Karin Griffin, to attend.

The meeting was originally scheduled for Friday August 19 at 2:30 but was cancelled by Ms. Tebo for unknown and unspecified reasons.  The meeting then was rescheduled  August 23, 2016 at 2:00 PM.   Prior to the meeting I received an e-mail inquiring what the meeting was about and I explained that I wanted to talk about the Town’s wholesale violations, as I see it, of the State’s Public’ Record’s law.  A second e-mail was received inquiring whether there was any additional paperwork Ms. Tebo needed prior to the meeting and I responded that the Town Clerk had all of the paperwork necessary.   Ms. Tebo then wrote another e-mail stating that she did not feel the meeting was necessary and that it was cancelled.

 

When we arrived at Town Hall at 2PM, Ms. Tebo refused to meet with us.  Karin stated to Stacy Tebo that she needed to follow the law and  Ms. Tebo responded by saying “You can’t talk to me that way”. Our request for a meeting was denied.  Chief of Police Tracy Rodriquenz and Anita Rivers, town administrative assistant both  witnessed this violation of our First Amendment Rights of Petitioning our government for redress of grievances and violations of Florida Statutes Chapter 119.

 

Since Ms. Tebo did not see fit to schedule a meeting, we again were denied our First Amendment Rights.  We then asked the Town Clerk for a copy of their Government in the Sunshine Manual.  It was refused on the basis it was on the web and inaccessible to any citizen wishing to review it.  I know the town has a copy of this book because I purchased a copy for the Town’s useMs. Tomlinson refused to take my Public Records request even though it was made verbally at Town Hall during normal working hours for a document in the Manual without any exemptions.  I sought to view the document, not to have a copy of the document and Ms. Tomlinson REFUSED.

 

Section 119.01, F.S. provides that “(i)t is the policy of this state that all state, county and municipal records are open for personal inspection and copying by any person  Thus “the law provides any member of the public access to public records, whether he or she be the most outstanding civic citizen or the most heinous criminal” As long as the citizens of this state desire and insist upon “open government” and liberal public records disclosure, as a cost of that freedom, public officials have to put up with demanding citizens even when they are obnoxious as long as they violate no laws.   Even though a public agency may believe that a person or group are fanatics, harassers, or are extremely annoying, the public records are available to all of the citizens of the State of Florida.

 

Violations of the Public Records Law can be met with Section FS 119.10 (1) (b).  Mrs. Tomlinson and her Respondent Superior, Ms. Tebo did knowingly and willfully violate the provisions of S.119.07 (1).  Additionally Ms. Tebo Violated Amendment 1 of the United States constitution.

 

August 28, 2016  Citizen Complaint 2016-13The White Springs Council under the direction of Rhett Bullard has and continues to operate in BAD FAITH in regards to its Charter Authority to operate with the best needs of the Town as a whole in mind.

 

Bad Faith is defined as the opposite of Good Faith.  Black’s Law Dictionary says that BAD FAITH is a “Dishonesty of Belief or Purpose.”

Over my 17 years in town I have filed approximately 150 Citizens Complaints on a wide variety of subjects; some against individuals and some against the town as a whole or the Council.

 

Out of 150 complaints, not a single one, nary a one, was found to have any validity by the Council in lieu of the fact that each of these complaints pertained to a violation of United States, the State of Florida or Municipal Laws.

 

Each Council member took an OATH to obey the laws and the State Constitution when they were sworn into office.

 

This is especially grievous with regard to Sunshine Law violations and Public Records Law Violations.   I can say, without hesitation, that my knowledge regarding these laws is greater than anyone else associated with the Town including Koberlein, Bullard or Tebo.

 

Approximately 120 of my complaints have been about violations of these two open Government Statutes.  Many, if not all of these complaints had exact quotes out of statutory law, case law, or quotes out of the Government in the Sunshine Manual.  But the legal expertise of the Council and its legal scholars do not respect any of these laws or quotes.  Most of the Council couldn’t find a valid law if the Government in the Sunshine Manual was thrown at their heads. 

 

The Town Council has operated in BAD FAITH and as such has and have acted with malfeasance and must so find.

 

 

 

 

 

 

August 30, 2016 Complaint 12-2016 – The Town, its officers and agents, specifically Ms. Tebo and Pam Tomlinson have recently been responding to public records request saying it may take 30 working days or more to get a response.   The Government in the Sunshine Manual Reads:  “Section 119.07(1)(a) establishes a right of access to public records in plain and unequivocal terms:  Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, AT ANY REASONABLE TIME, UNDER REASONABLE CONDITIONS, AND UNDER SUPERVISION BY THE CUSTODIAN OF THE PUBLIC RECORD.

 

The term “reasonable conditions” as used in s. 119.07 (1)(a) refers not to conditions which must be fulfilled before review is permitted but to reasonable regulations that would permit the custodian of record to protect them from alteration, damage or destruction and also to ensure that the person reviewing the records is not subject to physical constraints designed to preclude review.  Accordingly, the reasonable conditions” do not include a rule or condition of inspection which operates to restrict or circumvent a person’s right of access.

 

Moreover, any local enactment or policy which purports to dictate additional conditions or restrictions on access to public records is of a dubious validity since the legislative scheme of the Public records act has preempted any regulation of this subject.

Automatic delay is impermissible.  A municipal policy which provides for an automatic delay in the production of public records is impermissible.  The Supreme Court noted that a county resolution imposing a 24-hour waiting period before allowing inspection of county personnel records was no longer enforceable in light of subsequent judicial decisions.  Thus an agency is not authorized to delay inspection of personnel records in order to allow the employee to be present during the in section of his or her records.

 

Finding that the town engaged in a “pattern of delays” by taking months to fully comply with the petitioner’s public records request is construed unlawful refusal under section 119.12 including not only affirmative refusal to produce records, but also unjustified delay in producing them.

 

September 8, 2016 Complaint 2016-114 –
Rhett Bullard, as Mayor of the Town of White Springs has purposely and willfully violated the State’s Ethics Law F.S. 112.313 (6).

 

Rhett Bullard’s  misused his 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 in 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 Belief of Dishonesty or Purpose, BAD FAITH, is contrary to Florida Statute 112.313(6) and Mr. Bullard is guilty of such and should be held accountable individually by the ethics panel.  He individually and corporately has made for himself and all municipal employees an exception to place him and them above Florida’s Open Government laws including the Public Record’s Law.   Mr. Bullard is guilty of malfeasance in not following and not requiring that the State law be followed religiously by his employees.  He has carved out for himself and his subordinates a special EXCEPTION to State Statute 119.

 

Mr. Bullard took an oath to obey the Constitution and the Laws of the State of Florida not only from his municipal responsibilities but from his membership in the Florida Bar.  That Mr. Bullard is benefiting from his individual lawlessness and condoning the lawlessness of others is beyond doubt.

 

It may be stated here that with total disregard by Mayor Bullard of Stacy Tebo’s breach of contract which Mayor Bullard knowingly accepted and provided additional benefit to Ms. Tebo to further violate the Town Charter by allowing Ms. Tebo a four day week, a Ethics Violation was filed with the State Ethics Committee.  Their findings are as follows:

Although the Ethics commission did not rule Mr. Bullard’s actions as an Ethics Violation, it was stated by the Ethics Committee that his actions were certainly a violation of Local Good Government:  . Let me read their findings for which I have also wish to comment:

  1. Here, even accepting as valid the allegation that the Town Manager was not abiding by the terms of her employment contract, (WHICH SHE WASN’T) and even accepting that the Respondent was aware of her actions, (WHICH RHETT WAS) the complaint still does not substantively indicate any private capacity nexus (RHETT KNOWINGLY AND WILLFULLY ALLOWED HER TO BREAK HER CONTRACT.)_ between the Respondent and the Town Manager, as would be supportive of the “corruption” required under the statute. (SPECIAL STROKES FOR SPECIAL FOLKS)

 

Moreover, even assuming in argument that the complaint indicates possible violation of Section 112.313(6), Florida Statutes, nevertheless, under the Rudd Amendment, we find that the public interest would not be served by our proceeding further. We decline to proceed further because the
Allegations of the complaint concern internal managerial employment issues of the Town better suited to be addressed by the Town Council or forums other than the Commission on Ethics.

 

Since Mayor Bullard controls the actions of Council Persons Willie Jefferson (who also is above the law with regard to privileges taken for his son and relatives because of his position as Deputy Sheriff) and Tanja Brown, who answers specifically to the two, there is no hope nor justice which may be made by the Council for Mr. Bullard’s internal managerial employment issues violations.

 

 

 

 

September 22, 2016  Complaint No. 2016-105   Pertains to Stacy Tebo, Town Manager of the Town of White Springs who was, is, in Breach of her Contract with the Citizens and the Council of the Town of White Springs.

 

Ms. Tebo’s Employment Applications signed in 2015 and 2016 have a clause which states that she will have her PRIMARY RESIDENCE no more than 30 minutes from White SpringsBoth she and Mayor Rhett Bullard signed this contract for services agreement and the Town has a right and obligation to its’ citizens to uphold the contract for services.

 

After one year operating as Town Manager, Ms. Tebo still retains her primary residence in Orange City, FL, in Volusia County.  She even filed a court document in the Federal Court that she was a resident of Volusia County.  She signed that statement on the same day she signed the 2016 renewal contract.   She is in Breach of Contract and should be terminated without severance package due to this Breach.

 

Because of this Breech, she is in violation of BOTH Florida Statute 839.13 (Falsifying a Public Document) and Florida Statute 112.313 (6) (using her public position to secure a special privilege or exemption for herself).

 

October 1, 2016  Complaint 2016-106 –

Under Robert’s Rules of Order, Citizen challenges the dismissal of every Citizen Complaint filed by myself since Rhett Bullard became Mayor.

 

According to the Charter and Robert’s Rules of Order, all such dismissals are Null and Void, because each was Contrary to, and made a complaint with regard to, State Laws, FS 119, 286.011, 112.313 (6) or the Town Charter.  All Motions to Dismiss were invalid.  All votes to Dismiss were invalid, null and void.

 

Under the Town Charter, Section 2.05 Procedures relating to Rules and Minutes, it is stated “Roberts Rules of Order shall govern the procedure of meetings.  Each regular or special Council meeting shall be electronically recorded and minutes of its proceedings filed by the Town Clerk.  These tapes and minutes shall be a public record in accordance with Florida Statutes.

 

Article 8, Section 47 of Roberts Rules of Order states “Votes that are Null and Void even if Unanimous”.  “No motion is in order that conflicts with

(Joe purchased the council a Robert’s Rul;es of Order book as well as quick cheat sheets)_

 

 

 

 

 

December 7, 2016 – Citizens Complaint 2016-112 stipulated the Town has failed to provide proper notification of meetings in accordance with the Charter.   The Government in the Sunshine Manual states “Except in the case of an emergency or special meeting, notice should be provided at least 7 days prior to the meeting”.

 

 

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