In Defense of Helen Miller – Our Manager and Staff has never followed their duties And our councilors let the staff do as they wish

The Town Manager per contract and section 6.09 Administration of the Budget, has the duty to review Budget reports with the department heads and to advise or be advised of any allotment which is in danger of being exceeded.  Although 6.09 states the budget report review must take place at least once each quarter, Stacy Tebo’s contract stipulates it shall be monthly.

I bring this up because Rhett Bullard has allowed Ms. Tebo to do as she wishes.  This means, in accordance with her own statement that there is no cap on legal expenses.  Instead of utilizing our own Town Attorney at a lower cost, the power of three and Tebo have instead hired Stacy Tebo’s friend and co-worker at double the price at least of our own attorney.   Yet, this is not Malfeasance on the part of Rhett Bullard for allowing Ms. Tebo to steal for her own benefit from the Town Budget.

When Helen Miller requested a check to be issued, the Town was contractually obligated.  Furthermore, she, Dr. Miller was appointed by the Town Manager to handle or be the point man in conjunction with the contract.   If there were no funds, Ms. Tebo should have apprised Dr. Miller but by Ms. Tebo’s own statements she would not speak to Dr. Miller and she does not like Dr. Miller.  In essence, Dr. Miller had no choice but to ask staff for the funds.  And with the power given  Dr. Miller, she had the right to do so.

6.09 (b)3. Also states “Contracts or leases providing for payments beyond the end of the fiscal year must be approved by motion, resolution or ordinance passed by the Town Council.”  Since all such contracts were approved by motion, there should not have been any problem to have made payment especially when the money was pending to be paid to the Town of White Springs.  No one, however, reads the contracts but both Rhett Bullard and Town Clerk, Tomlinson signed the contract which stipulated such individuals were considered employees or staff of the Town of White Springs.

6.02 (a) also states “Submission to the Town Council At least three (3) months prior to the beginning of the fiscal year, the Town Manager shall after consulting with the local planning agency, prepare and submit to the Town Council a proposed five (5) year capital program which shall be in accordance with the Comprehensive Plan.  This has never been done by Ms. Tebo and obviously Rhett Bullard has given her the right to change the budget as she sees fit even though the changes may be illegal.

The Town manger per 6.03 shall submit the budget for the ensuing fiscal year in accordance with general law  (a) Each section of the budget shall be compiled by a department head in consultation with the Town Manager  (b) The budget, in its entirety shall provide a complete financial plan for the ensuing fical year  (c) Funds allocated for special projects must be identified by project title in the budget.  This however, is not done because there is NO PLANNING  in general.

The Town Council may by ordinance create additional departments or positions or dissolve existing departments or position by a 4/5 vote where necessary for the efficient operation of the Town.  However neither is the Council, the Manager nor the Staff efficient.

You will recall that Dr. Miller was blamed for going directly to Pam Tomlinson, who is the Finance Director as well as the Town Clerk.   Please refer to Section 5.01 Administrative Department, Town Clerk;    (n) to perform such other duties as may be required by the Town Manager, Mayor and Town Council as well as other duties required by ordinances of the Town of White Springs and the laws of the State of Florida.

Also under Section 5.05 Police Department The Town Council shall have the sole discretion in determining the manner for providing law enforcement services for the safety and well being of the citizens of White Springs.  THE DEPARTMENT SHALL BE SUPERVISED BY THE CHIEF OF POLICE.  THE CHIEF OF POLICE SHALL BE A STATE CERTIFIED POLICE OFFICER HAVING RECENT AND CONTINUOUS LAW ENFORCEMENT AND SUPERVISORY EXPERIENCE ON A FULL TIME BASIS.   The Police Chief shall be responsible to and report to the Town Manager.  THE TOWN COUNCIL SHALL HAVE THE SOLE HIRING AND TERMINATION AUTHORITY FOR THE POLICE CHIEF.  Yet with the Power of Three our police chief may not be certified and certainly does not continue law enforcement and supervisory experience on a full time basis.

Section 3.06 Personnel System, All appointments and promotions of Town olfficers except those specifically exempted by ordinance shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence and to this end, the COUNCIL SHALL, BY RESOLUTION, ESTABLISH PERSONNEL PROCEDURES AND POLICIES.

Under 3.07 Administrative Code, The Manager shall develop and keep current an Administrative code for purpose of implementing ordinances passed by the Town Council.   Stacy Tebo has not developed and kept current Administrative codes.

Under 3.05 Supervision of Departments….All departments, offices and agencies under the direction and supervision of the manager shall be administered by an officer appointed by and subject to the direction and supervision of the Manager.

Under Section 3.02 Powers and Duties of the Town Manager   (j) provide staff support services for the Mayor and council members.

Section 3.02 (l) states “Provided, that nothing herein contained shall prevent the Town Council in the exercise of its legislative functions and powers from calling into consultation the boards or departments and other officers and employees of the Town, wherever, in the judgment of the Council, it may be necessary.   Neither the council nor any Council Member shall interfere with the conduct of any department head, officer or employee in the discharge of his or her dutiesIn accordance with the evidence, what Dr. Miller was charged with does not meet “the interference with the conduct of any department head” and other areas stated above are in conflict especially 3.05 and 5.01.

 

My question would be “WHY DOES TONJA BROWN SPEND EACH FRIDAY AFTERNOON IN STACY TEBO’S OFFICE?”    To me that is really tortuous interference and taking far more time than Helen Miller did to request a check or request assistance.  BUT IT SHOWS THE BIAS OF THE POWER OF THREE.  IF THEY DO NOT LIKE SOMEONE, THEY WILL GET RID OF AN ELECTED COUNCIL MEMBER EVEN THOUGH THEY HAVE BROKEN THE RULINGS OF THE CHARTER FAR MORE THAN HELEN MILLER.  This is mainly because of Rhett Bullard’s jealousy of Helen B. Miller.

Remember:  Under Section 3.02 Powers and Duties of the Town Manager   (j) provide staff support services for the Mayor and council members.  Since Stacy Tebo dislikes Helen Miller and will not listen to her requests, Dr. Miller had no alternative but to request something through the administrative assistant who works for the Town Manager mainly.

This must be the reason the Town is utilizing the “interference” charge because technically when Dr. Miller requested assistance with Tables and Chairs, for which she was denied but still charged with “Malfeasance”  she should have been assigned support staff …and not charged with Malfeasance.

IT APPEARS AN ELECTED OFFICIAL SUCH AS DR. MILLER HAS FEWER RIGHTS THAN THE ACTUAL CITIZENS WHO VOTED HER IN OFFICE, PER THIS POWER OF THREE AND WHY?  IT IS BECAUSE THEY ARE ENVIOUS THAT DR. MILLER HAS DONE SO MUCH FOR THE CHILDREN AND THE CITIZENS OF THIS TOWN, AS WELL AS HOLDING OFFICE THROUGH VARIOUS BOARDS OF THE FLORIDA LEAGUE OF CITIES.

 

 

 

CHARTER WHICH PROHIBITS INTERFERENCE BY INDIVIDUAL COUNCIL MEMBERS AND, AS SUCH, THE ESSENTIAL REQUIREMENTS OF LAW WERE OBSERVED?

the “Charter”) provides that a sitting council member may be removed from office for certain reasons more particularly discussed in Section 2.03(a)8 of the Charter provides the procedure for removal and it states, in full, as follows:

The Charter only requires that “[t]he Council … shall notify the affected Council Member in writing of its intent to declare the seat forfeited for any of the reasons

The notice specifically referred to Sections 2.03(a)2 and 2.03(a)6 of the Charter, which are two of the seven “reasons referenced above” as required by Section 2.03(a)8 of the Charter. No other notice is required by the Charter. IN OTHER WORDS THEY ARE STATING DR. MILLER WILLFULLY VIOLATES ANY EXPRESS PROHIBITION OF THIS CHARTER AND FOR MALFEASANCE IN OFFICE WHICH IS ABSOLUTELY STRETCHING THE MATTER TO FIT THE TOWN OF WHITE SPRINGS’ CONVICTION OF DR. MILLER EVEN THOUGH TWO OF THE POWER OF THREE DID NOT EVEN UNDERSTAND WHAT “MALFEASANCE” MEANT. SINCE WHEN CAN’T A COUNCIL MEMBER REQUEST HELP FROM STAFF WHEN IT IS STIPULATED THAT STAFF SHOULD ASSIST COUNCIL MEMBERS SO THESE CLAIMS ARE AMBIGUOUS AND FALSE IN THE LEAST.

Miller also complains that she should have received the “Statement of Charges” earlier than she did.

This statement was not required by the Charter and was given merely as a convenience to all involved in the hearing process1. A “Statement of Charges” is not mentioned anywhere in the Charter and was simply a title that attorney conducting the hearing for White Springs’ put on the document [Appx. Tab 41, Page 16, lines 13-17].  IT HOWEVER IS IMPLIED BY REASON OF STATING THE AFFECTEDCOUNCIL MEMBER SHALL HAVE SEVEN DAYS….FOR THE PURPOSE OF PROVIDING EVIDENCE IN OPPOSITION TO THE COUNCIL’S INTENDED ACTION.

FURTHER DR. MILLER’S ATTORNEY HAD THE RIGHT AS WELL TO THOSE CHARGES AND THE TOWN DID NOT PROVIDE ALL THE EVIDENCE THEY STATED THEY DID, ESPECIALLY WITH RESPECT TO DR. MILLER BEING APPOINTED POINT MAN ON THE JUVENILE PROGRAM.

RHETT BULLARD HIMSELF HAD STACY TEBO  READ THE CHARGES  SINCE HE IS A WEAK INDIVIDUAL WITH POOR CHARACTER WHO WISHES EVERYONE ELSE TO TAKE THE BLAME.  THEN MS. TEBO PLACED THE CHARGES IN NEWSPAPER AND THEN THE CHARGES WERE CHANGED.BY THE TIME THE HEARING WAS A WEEK AWAY.

FURTHERMORE WE DID NOT EVEN NEED A HEARING BECAUSE THE COUNCIL AS JUDGE AND JURY (WITH THE EXCEPTION OF MCKENZIE) HAD MADE THEIR DECISION WELL PRIOR TO THE HEARING AND THE POWER OF THREE MADE THE DETERMINATION THAT THEY HAD THE RIGHT TO CHARGE HELEN MILLER AS GUILTY WITHOUT OPPORTUNITY TO EVEN LISTEN TO HER STATEMENTS WHICH SHOWED SHE WAS INNOCENT.  EVERYONE HAS THE RIGHT TO KNOW WHAT CHARGES ARE PLACED AGAINST THEM AND WHAT THE COUNCIL DID WAS CONSTITUTIONALLY WRONG BUT THE POWER OF THREE DID THE SAME THING TO MR. PITTMAN OUR FIRE CHIEF AND GAVE HIM ONLY FIVE MINUTES TO RESPOND TO PETTY CHARGES..

White Springs limited the presentation of evidence to Charter violations that had occurred during Miller’s then current term of office [Appx. Tab 41, Page 6, lines 20 to 25]. NOW THE POWER OF THREE IS IMPLYING THERE WAS MORE EVIDENCE OF WHICH THEY DID NOT PROVIDE TO LIMIT THE PRESENTATION OF EVIDENCE.  WHAT LIARS THEY ARE.  THEY HAVE STATED THE CHARGES WERE THE SAME AS CITED IN THE NEWSPAPER BUT THE BEAUTIFUL DREAMER AWARD BANQUET WAS A CHARGE MADE AGAINST DR. MILLER WHICH OB VIOUSLY WAS REMOVED BECAUSE IT WOULD CAUSE HAVOC AMONG THE BLACK CITIZENS WHO HAD THE BANQUET YEARLY.   TO COVER THE SEPARATE BANQUET, IT APPEARS THE BEAUTIFUL DREAMER AWARD WILL NOT BE GIVEN ON MARTIN LUTHER KING JR.’S HONORARY DAY BECAUSE THEY DO NOT WISH TO DO ANY MORE FOR THE CITIZENS THAN THEY HAVE TO….WITH THE EXCEPTION OF COVERING STACY TEBO’S AND POWER OF THREE’S ASSES.

 

the hearing. Miller complains that she should have received this earlier, even though she was not entitled under the Charter to have received any documents.  AGAIN THIS IS WRONG.

On May 9, 2017, the Town Manager of White Springs reported violations of the Town Charter to the Town Council during a Council meeting. On June 13, 2017 the Town Council initiated the procedure of removing Miller and provided Miller with notice of right to request a hearing in her defense. On October 25, 2017 the Town Council held a hearing pursuant to the provisions of their Town Charter and voted to remove Miller for violations of the Town Charter.

2 Per the Charter, White Springs had absolutely no obligation to present any witnesses or testimony, that being the obligation of Miller.  THE TOWN OF WHITE SPRINGS OPERATES NOW AS A DICTATORSHIP AND IT MAKES ONE WONDER IF IT IS PART OF THE UNITED STATES OF AMERICA BECAUSE THESE OFFICIALS WHO HAVE BEEN GIVEN THE OATH TO FOLLOW THE CONSTITUTION CERTAINLY DO NOT, EXCEPT IF IT BENEFITS THEM SOLELY.  AS RHETT BULLARD STATED TO NICOLE WILLIAMS, HE DOESN’T GIVE A DAMNED ABOUT THE BLACK AND POOR SECTION OF TOWN.

 

While Miller may have had the best of intentions in her actions, she nevertheless violated a basic tenet of the council-manager form of government. Inherent in that system is the idea that the council shall act collectively as a collegial body, and no one member has the authority to involve herself in the daily administration of the government in the manner she alone deems appropriate.  THIS DEFINITELY IS A FALSE STATEMENT BECAUSE SHE HAD NOT INVOLVED HERSELF IN THE DAILY ADMINISTRATION OF THE GOVERNMENT BUT RATHER ASKED FOR ASSISTANCE WHICH SHE SHOULD HAVE THE RIGHT TO DO, ESPECIALLY SINCE SHE WAS THE ONE THAT INITIALLY FOUGHT FOR STACY TEBO’S SEVERANCE PACKAGE WHEN NONE WERE INITIALLY IN FAVOR OF IT.  YET RHETT BULLARD IS THE DICTATOR AND HE DOES NOT BELIEVE IN THE RIGHTS OF CITIZENS OR HIS PEERS.i

THE TOWN COUNCIL CORRECTLY INTERPRETED THE PROHIBITION IN THE CHARTER WHICH PROHIBITS INTERFERENCE BY INDIVIDUAL COUNCIL MEMBERS AND, AS SUCH, THE ESSENTIAL REQUIREMENTS OF LAW WERE OBSERVED.

 

 

this chain of command is essential to imbue the manager with the authority to effectively manage her subordinates. This is why charter provisions prohibit elected council members from interfering with day to day operations of the city.  “It is the manager who is the chief executive and who is responsible to  the council for the proper performance of virtually all administrative functions. THE TOWN MANAGER MAY BE CONSIDERED THE CEO BY THE CHARTER BUT SHE HAS TO ANSWER AT LEAST TO ONE COUNCIL MEMBER AND SHE ANSWERS ONLY TO THE POWER OF THREE.  IT IS HER DUTY TO RESPOND TO THE COUNCIL AND SHE BARELY CAN READ INFORMATION AT MEETINGS.  SHE HIDES HERSELF IN HER OFFICE, BUSY WITH HER OWN LAWSUIT IN DEBARY AS WELL AS TRYING TO FIND DIRT ON OTHER PEOPLE AS WELL AS READING THE WHITE SPRINGS JOURNAL.  SHE SPEAKS TO KNOW ONE AND MANAGES ONLY BY E-MAIL SO SERIOUSLY WE WOULDN’T EVEN NEED A MANAGER ON PREMISES BECAUSE SHE CERTAINLY IS NOT EFFICIENT AND LIED ON HER APPLICATIONS BECAUSE OBVIOUSLY SHE CANNOT DO WHAT SHE SAID SHE HAD DONE IN HER PAST EXPERIENCE.

This administrative responsibility is matched by the manager’s authority to appoint and remove all department heads who report directly to him. In almost all council- manager cities, council members, both collectively and individually, are enjoined by charter from dealing with department heads except through the manager.” Council-Manager

With this backdrop, the Court must analyze the specific prohibition against interference in the White Springs Charter. Section 3.02(l) of the Charter provides, in pertinent part, as follows:

Neither the Council nor any Council Member shall interfere with the conduct of any department head, officer or an employee in the discharge of his or her duties.

The definition numbered 3 above – “to enter into or take a part in the concerns of others” is precisely what Miller did in this instance. At the risk of being repetitive, Miller’s intentions are immaterial to this analysis. Miller seems to argue that if her actions did not prevent in some way the Town employees from doing their jobs, then there can be no interference as prohibited by the Charter. Whether this is a Charter prohibition is not only reasonable, it is consistent with the dictionary definition of the term “interfere.”   This is total BULLCRAP AND EVEN THE ATTORNEY WRITING THIS MUST REALIZE HOW STUPID THIS ENTIRE MATTER IS….BUT LET’S FACE IT ELKIND WAS HIRED TO HANDLE THE HEARING BY REASON OF DEFENDING STACY TEBO.  HE WAS NOT HIRED BY COUNCIL APPROVAL TO HANDLE THIS RESPONSE FOR THE TOWN.  WE NOW HAVE A TOWN ATTORNEY WHO COSTS FAR LESS THAN MR. ELKIND.   JUST FOR MR. ELKIND DRIVING BACK AND FORTH TO HIS OFFICE TO AND FROM WHITE SPRINGS COSTS US $1,250 MUCH LESS HIS TIME COMPLETING HIS FILING AND DISCUSSING WITH THE TOWN AND TEBO.  THE TOWN DOESN’T CARE HOW MUCH MONEY THEY SPEND ON LEGAL AFFAIRS, JUST SO RHETT BULLARD IS CORRECT.

“… The commission and its members shall deal with the administrative service solely through the city manager and neither the commission nor any member thereof shall give orders to, nor make requests of, any of the subordinates of the city manager either publicly or privately. Any such dictation, orders, requests or other interferences upon the part of a member of the city commission with the administration of the city shall constitute ground for recall of such commissioner.” [emphasis added]  IF THE CITY OR TOWN MANAGER IS UNAVAILABLE AND HIDING BEHIND A CLOSED DOOR TO HER OFFICE, THERE IS NO WAY ONE MAY DEAL WITH THE TOWN MANAGER.  THE ONLY WAY TO GET TO HER IS THROUGH AN ADMINISTRATIVE ASSISTANT OR THROUGH THE CITY CLERK.  WE SHOULD KNOW BECAUSE SHE WILL NOT RESPOND TO CITIZENS, MUCH LESS TO EMPLOYEES AND FEELS E-MAILS ARE THE ONLY WAY TO HANDLE MANAGEMENT.

Miller’s intentions in her actions are immaterial to this Court’s inquiry. The only question is whether there is competent substantial evidence to support the conclusion that she “entered into or took a part in the concerns of” city staff members. This there obviously was. As one example, Miller went directly the town clerk and asked her to pay invoices (not to mention that it would have been (not to mention that it would have been   DR. MILLER WAS ALSO GIVEN THE AUTHORIZATION AND AUTHORITY BY STACY TEBO TO HANDLE THIS MATTER.  ALTHOUGH THE E-MAIL WAS MISSING ON PURPOSE, HELEN MILLER HAD SAVED HER COPY AS PROOF.

THIS TOWN IS RIDICULOUS AND AS LONG AS RHETT BULLARD IS MAYOR AND TONJA BROWN IS VICE MAYOR WITH WILLIE JEFFERSON AND STUART LOFTON HANDLING THE BALANCE OF THE COUNCIL, THE CITIZENS WILL NO LONGER HAVE RIGHTS.  THIS IS WHY LOFTON WAS CHOSEN ABOVE MARSHALL AND MOORE who would BE FAIR AND WORK TOWARD THE CITIZEN’S GOALS..  FURTHERMORE ARTHUR NATTEAL IS TOO BRIGHT AND SOONER THEN LATER, HE WOULD NOTICE WHAT THE POWER OF THREE; NOW FOUR; WILL BE DOING TO THE CITIZENS.  DON’T LET THE LOFTON QUESTIONNAIRE FOOL YOU.  THEY HAVE NO REAL INTENTION OF HELPING ANY OF YOU.

It is improper for the clerk to have paid the invoices regardless of who asked her to do it). This alone constitutes interference in violation of the Charter. The following questions and answers are taken directly from the transcript of the hearing before the Town Council:  IF DR. MILLER WAS POINT MAN, SHE HAD EVERY RIGHT TO ASK FOR A CHECK.  IT IS UP TO THE FINANCE DIRECTOR TO PROVIDE A REQUISITION TO THE TOWN MANAGER BECAUSE ANY SUCH REQUISITION NOW INCLUDES “STAFF NAME” NOT COUNCILOR’S NAME FOR WHICH HELEN MILLER HAS BEEN BLAMED FOR AS WELL.

White Springs limited the witnesses to town employees so that they could be compelled to appear at the hearing as a condition of their employment. “Due process is a flexible concept and requires only that the proceeding be ‘essentially fair’.” Id.  Miller was afforded not only the due  process which the general law requires, but she was afforded far more Process than what the White Springs Charter required.  DR. MILLER WAS NOT PROVIDED DUE PROCESS BECAUSE THE DECISION TO OUST HER OR FORFEIT HER SEAT WAS DETERMINED WELL PRIOR TO THE HEARING WHICH WAS IN ACTUALITY A KANGAROO COURT.

 

 

Karin for the blog

 

 

 

 

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