I REMEMBER CLEARLY AFTER TAKING THESE NOTES FROM THE MEETING ANITA RIVERS CALLING JOE AND I AND SCREAMING AS TO WHY WE TOOK RHETT’S SIDE. I ONLY REPORTED THE MINUTES AND HAD NO PAPERWORK UNTIL AFTER THAT MEETING IN ORDER TO RESEARCH THE FULL MATTER. BUT THAT’S THE COUSINS….ANITA WAS ALWAYS THE ONE TO TELL US WHAT WE DID WRONG BUT NOW SHE IS PICKING ON HELEN MILLER HERSELF. WHAT???
At the White Springs Journal, it is our motto to follow the law and tell the truth no matter what the circumstances are and this time is no different.
Although I feel BeFaithful Coker does not necessarily tell the truth and what she did at the prior August 14th meeting was extortion, unfortunately we found out that a contract was made in writing.
The Council session began with Dr. Miller, councilor, stating that the donor could not be responsible for the amount his organization provided. And you will recall I had that information on the blog. The fact that Dr. Calder, the benefactor, can suggest but has no control over the organization J. P, Morgan in determining the amount that would go to Befaithful, exhonerated Dr. Calder.
It was stated that each session was $1600 and the amount quoted was $13,521 as the amount BeFaithful said was required. She said that there was a promise to have computer access; however, there were no computers. Dr. Miller indicated the owner of the building required $5,000 from each lessee and the other co-renter gave Ms. Coker a check for $4,700 and Ms. Coker did not pay her portion; nor did she pay rent from December 2017.It was indicated by Dr. Miller that in order to protect the public, full disclosure identifying who attended, how the funds were used and how the funds were solicited which is by law but which had not been provided by Ms. Coker which could be considered fraud under the Statute. Dr. Miller stated that before voting ahead, we as the Town require due diligence.
Walter Mckenzie stated we should receive full accounting. He asked whether we have a contractual obligation. He asked how many kids from White Springs attended and metnioned no one has seen the final report nor has anyone seen financial information. Furthermore he asked how many were in the second session and how many were from White Springs. He said this was not provided when there was a council meeting. He said he was all for programs that help the kids of White Springs and has always had children in mind. However, it was stated that we have a case of no response for the money that has has already been donated. He wished to know what contractual obligations we had.
Councilor Rhett Bulard said that the Town was obligated to pay the money promised. He said that if someone’s kid didn’t enjoy the program someone would have come over and told the Town Council so obviously the kids had a good time. He asked Town Manager Tebo where we would get the $3,000 and whether it had to come out of the Town’s reserves. Ms. Tebo indicated she anticipated he would request the money and has determined there is still $1,200 left in the Audit and Accounting funds and Ken Daniels had already been paid. She said there were small bits in other areas but that the Town still had $2,000 in animal control before the September 30th deadline. The discussion continued.
Walter McKenzie requested an opinion from our attorney and whether we are on solid legal ground. He again asked how many kids from White Springs attended.
Rhett Bullard said that there is such a thing as an oral contract and he is correct on that issue. But in all previous discussion it was said that the $13,000 had not been promised that day at Helen Miller’s house when she, Nikki and Anita met with Ms. Coker. Rhett Bullard further said if we do not live up to this an
An attorney will cost us more than $3,000 in defense (because oral contracts have to be determine in court based on he said/ she said). To pay or not to pay we need to get this done. It was stated that if it was not written, it didn’t happen.
Then Mayor Lofton spoke and he read what Dr. Miller had stated in correspondence to Ms. Coker. After reading some information about the $13,000, he stated it is written. It is a written contract. The elements of a viable contract are (1) An offer is made (2) The offer is accepted and (3) consideration is made. What Mayor Lofton read did not appear to say “I WILL TRY AND SEE WHETHER OUR BENEFACTOR CAN PROVIDE $13,000). Dr. Miller made no comment that the correspondence was incorrect but later stated she felt we did not owe the money.
Mayor Lofton said the Town of White Springs partnered with Ms. Coker as a co-sponsor. Councilor McKenzie said we’re not binding $13,000 from the donor, nor the donor organization, not miller or the Town. Rhett Bullard then reminded Mr. McKenzie that at the August 14th meeting he was ready to pay the $3,000 and made that offer if Ms. Coker would not do the remaining things in her letter. Walter McKenzie said when she came in she said she came before us humbly and she turned aggressive and as a result, he said that in order to see whether he could reason with her…not his exact words but his intent. He said that to see if she would back off. He said there was not enough information to consider the request at this time.
Councillor Bullard said to keep the Town’s good name to not honor the agreement would not be acceptable and that the difference between what the Donor paid and the $3,000 owed was due because of the partnership with White Springs and the contractual obligation. That is when Rhett Bullard made the motion to pay Ms. Coker from the funds Ms. Tebo had indicated were available and Councilor Brown seconded the motion.. The motion to provide Ms. Coker the $3,000 passed in a 3-2 vote.
Now you will recall that Mr. and Mrs Spencer were at the Melting Pot last Saturday where his wife Lisa received an award for the determined diligent women who dare. It is my estimation that Spencer Lofton possibly worked out an arrangement with BeFaithful such as Trump in the Art of a Deal. It was not known that this is the building BeFaithful was considering renting in part for $1,400 a month. This is not known but it is obvious that a solution was made because Ms. Coker did not make extortion threats bur rather sat quietly in the council room.
Karin for the blog
AFTER THE FACT:
The Commission on Ethics came through with formal dismissal of the BeFaithful Coker complaints against Councilors Helen B. Miller and Walter McKenzie. As you will recall the Town of White Springs not only paid $3,000 to Be Faithful Coker but also the Calder Foundation sent Ms. Coker $3,000 which the Foundation would never have had to send since the $10,000 was paid as a “Grant” and Council Woman Dr. Helen B. Miller MADE NO PROMISE THAT MS. COKER WOULD RECEIVE $13,000. RATHER ALL OF MILLER’S STATEMENTS REFERRED TO A ” G R A N T “.
DONOR ADVISED FUNDS REFERS TO AN ACCOUNT HELD AT A SPONSORING ORGANIZATION (IN THIS CASE J.P. MORGAN WAS THE SPONSORING ORGANIZATION), OFTEN A COMMUNITY FOUNDATION. THE DAF IS OWNED AND CONTROLLED BY THE SPONSORING ORGANIZATION AND THE DONOR RETAINS ONLY ADVISORY PRIVILEGES OVER THE DISTRIBUTION OR INVESTMENT OF THE FUNDS IN THE ACCOUNT. WHEN A DONOR MAKES A CONTRIBUTION TO A DAF, THE SPONSORING ORGANIZATION HAS LEGAL CONTROL OVER IT AND THE DONOR IS ELIGIBLE TO TAKE A CHARITABLE TAX DEDUCTION FOR THIS COMPLETED GIFT. IT IS IMPORTANT TO NOTE THAT EVEN THOUGH THE DONOR HAS RETAINED “ADVISORY” PRIVILEGES OVER THE MONEY IN THEIR DAF, THE OWNER OF THE FUNDS IS THE SPONSORING ORGANIZATION AND ALL FUNDS ARE ULTIMATELY CONTROLLED BY THE SPONSORING ORGANIZATION. THE DONOR IS LIMITED TO MAKING RECOMMENDATIONS ONLY. WHILE MOST SPONSORING ORGANIZATIONS WILL ROUTINELY APPROVE A DONOR’S REQUEST, IT IS UNDER NO LEGAL REQUIREMENT TO COMPLY WITH A REQUEST.
Furthermore the sponsoring organization must make an effort to determine if Ms. Coker’s organization was a valid organization and that is how the determination was made for only providing Coker $10,000. . Coker never provided a Thanks to Miller for the $10,000 but held her hostage for no legal reason for the additional $3,000 for which Coker was never given a guarantee. Furthermore, she did not follow the wishes of Miller by reason she did not comply with the wishes of Miller and also the Donor’s faith in compliance with what Miller suggested. Instead Be Faithful charged exorbitant fees for the children from rent to electricity and supplies for which Be Faithful never paid her own rents for the facility and it was understood our White Springs Students probably were not allowed in the second Session. This was Extortion when Be. Faithful went after the Calder organization with threats and Miller for not providing the additional $3,000. Now of course, BeFaithful filed bankruptcy again for the third time, because she has never paid her encumbrances.
Insofar as Councilman McKenzie, Be Faithful threatened to file a complaint of “Bribery”, because Councilman McKenzie wished to fix the problem. He basically said that if the Town of White Springs paid you $3,000 would you drop the rest of charges you have made in your statement to White Springs? Coker stated “No she would not drop the rest of the charges” trying to indicate Councilman McKenzie was trying to bribe her. Obviously and by Legal Standards he did not “bribe” her but only was protecting the Town. Miller told Rhett Bullard it was his decision but she did not feel Coker needed to be provided a $3,000 check from the Town because there was no legal obligation to do so by the Town of White Springs. And Miller was correct by law.
Because Spencer Lofton and Rhett Bullard however are still trying to remove Helen B.Miller as a council member and I feel the only thing stopping them is another legal expense for the moment, they took Be Faithful Coker’s side against Miller. It is my opinion that Rhett Bullard and Spencer Lofton should have never paid this extortionist but they did so to make some frivolous point against Miller and attack McKenzie for agreeing one minute with Rhett Bullard and Changing his mind the next time. That was not the case. McKenzie did not agree to pay Coker, only the “Gang of Thugs” because all he wanted to know is whether the other threats against Miller and others would be dropped if the Town Paid Coker $3,000. And with her answer, McKenzie definitely did not agree with paying Coker.
Technically not only is Be Faithful Coker an extortionist for whatever she can get and goes after people for no legal reason, but Councilperson Rhett Bullard and Mayor Spencer Lofton are complicit in this extortion to try and find fault with councilwoman Helen Miller, which would never hold up in court legally due to the laws pertaining to DAF’s but of course Bullard is not that good of an attorney, in my opinion, nor does he follow laws, much less having the ability to understand what is read.