Let’s Start with the e-mails where Stacy Tebo threatened us with Chapters 836 and 770 relating to Libelous actions of Tort and criminal actions. Since Ms. Tebo, nor the Town of White Springs, at one time, apparently did not understand the definition of “Harassment”, It is uncertain if Ms. Tebo may understand the defenses of Libel. It is evident when she sued Debary with an accusation that a manager said one thing at one time and made a major issue of it being harassment.
I am uncertain whether Ms. Tebo understands that as a Town Manager she is not only accountable to the Town Council but also to the Citizens of White Springs, or that we have first amendment rights, or that she is a public official, or that we have a right to redress our government per the U.S. Constitution. In the United States the right to petition is guaranteed by the First Amendment to the United States Constitution, which specifically prohibits Congress (Or Government) from abridging “the right of the people...to petition the Government for a redress of grievances“. The right to petition is regarded as fundamental in some republics, such as the United States, as a means of protecting public participation in government.
Yet although we have tried to reason with The Town of White Springs that the laws and the constitution of the State of FL are not being abided by; nor is the Town Charter which in itself is an ordinance; nor ordinances pertaining to land development regulations and especially Sunshine Laws, the Town refuses to address these issues by denying any and all citizen’s complaints. Each of over 150 complaints stipulating where the laws are not being followed by White Springs; complaints about money being misappropriated; complaints about unnecessary legal fees; as well as specific redress of grievances relating to non transparency and the practice of officials giving special treatment only to special folks have all been denied. Furthermore, there is no opportunity to appeal unless one goes to County Court or in some cases Circuit Court.
———- Forwarded message ———-
From: Stacy Tebo <email@example.com>
Date: Fri, Sep 30, 2016 at 1:59 PM
Subject: RE: Florida Statute 34.01
To: Joe Griffin <firstname.lastname@example.org>
Perhaps you should familiarize yourself with Chapters 836 and 770 of the FL Statutes.
Stacy Tebo Town Manager
Florida has a very broad public records law. Most written communication, including e-mail addresses, to or from the Town regarding town business are public records available to the public and media upon request. Your e-mail communication may be subject to public disclosure.
I look at what I can see and make assumptions and print them. You may not like the First Amendment but I don’t like the fact that you are not enforcing all of the laws, as is required by the charter. Don’t ever tell me to do anything ever again, I am not your employee, thank you Jesus.
On Fri, Sep 30, 2016 at 1:15 PM, Stacy Tebo <email@example.com> wrote:
Joe, You are incorrect in your assumptions regarding employees’ time off. Please stop perpetuating misinformation.
Stacy TeboTown Manager
First of all, Stacy Tebo breached her employment contract with the Town of White Springs; The Town of White Springs which ultimately must answer to the Citizens of White Springs.
If Ms. Tebo assumes that this is “Libel”, she herself must read the Florida Statutes she referred Joe to.
First of all the Town knowingly violated our rights with the knowledge that their charges were false and trumped. Yet, Ms. Tebo is allowed to not follow the law by the Council Members implied permission and obviously with the blessing of the Town’s Attorney.
First of all in order to have an action of libel, the statements which were published on the blog by us would have to be false, and we would have had to have known they were false, and that we caused damages to Ms. Tebo as a result. Yet, it reading most of Ms. Tebo’s statements, it would appear that she alone has caused much of the damages to her own reputation; especially if she loses her recent lawsuit, similar to the refusal to act on her statements by the EEOC, after all of the allegations and publicity about her case has been published and televised. Most Importantly is that laws in White Springs are not followed and there is no attempt to provide transparency to its citizens. Ms. Tebo’s actions are not that of a Town Manager in my opinion or in the opinions of many in White Springs.
Libel means a published false statement that is damaging to a person’s reputation; a written defamation. Yet in Ms. Tebo’s case, all of her records from DeBary were her own allegations, statements and complaints. The opinions I, myself, addressed were very similar to the manner in which the Attorney for the City of DeBary answered all her allegations because this is not the first time, I , myself have had to defend such allegations against one of my employers by a litigious employee. And alas it is starting again apparently, Ms. Tebo has the need to sue someone else.
As to her and her office staff’s performances in White Springs, the Citizens have a vested interest in the manner in which jobs are performed and how these performances affect Citizens at large. There is no transparency and Ms Tebo even tried to utilize a 30 day response time for 119’s.
Insofar as what has been done in White Springs, as Joe has mentioned, it is evident. Stacy is being paid almost $10,000 more than our prior manager, but it is obvious she is not handling the duties as are required of the Town Manager by the Charter alone and affirmed in her employment contract which she, herself, breached.
And the Mayor and Town Council knew, or should have known that she breached her contract and either are afraid that she will sue White Springs like she did Debary, or they are unwilling or unable to do anything about her breach because of the difficulty in securing Town Managers. Nevertheless, we have a right as citizens of White Springs to call a spade a spade if the Council nor the Mayor are not requiring Stacy Tebo to fulfill her employment contract.
Stacy’s Employment Contract for the second consecutive year stipulates under “HOURS OF WORK” “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 th 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 herein provided includes compensation for the performance of all such services…….. “ Yet Ms. Tebo seems to have a four day week if that, with every Monday spent at her primary residence in Orange City.
Now the argument given me by someone close to the Town was that of course the Council knew that Stacy would have time to spend in Volusia County. And the reasons cited were the 119 case against DeBary and the subsequent EEOC claim because of how terrible DeBary treated her. But what she has done in the interim is try to secure town Clerk Jobs in Orange City and another City in Volusia County by reason that she did not wish to be in White Springs and was homesick. Then when the EEOC does not rule in her favor, she, Ms. Tebo has taken out a discrimination case against DeBary…..and because she has to be right, and she knows defense costs are far more expensive than the actual awards if any, she will probably try to manipulate the Town of White Springs in suing us for libel. Unfortunately, that is when all the nasty things the Town has done and especially its inability to follow laws will come out in the open. Alas, the State may finally take over White Springs again.
Under “RESIDENCE: The Manager agrees to maintain her primary residence within a thirty (30) minute response time to the Town throughout the life of this agreement” Not only was the initial contract breached but the subsequent contract recently signed was also breached. Stacy Tebo retains her Orange City FL address as her primary residence; Not only that, she recently upgraded her voting privileges in September in Volusia County which logically would mean she has never changed her driver’s license nor her insurance to reflect her work in White Springs.
Ms. Tebo continually blames everyone else for her predicaments and her failings in her inability to have sufficient time to complete her work. Yet she is her own worst enemy by her litigious action without knowing whether the law will actually prevail in her favor. The EEOC denied any action against DeBary but Ms. Tebo is relentless that she is right. I wish her luck but some of the things which were done have not been professional in the least. And it would be in Ms. Tebo’s court to prove that such alleged libel is not true and accurate based upon the information provided to us by public records and the internet. It may be difficult because all the information relating to Ms. Tebo is public record.
Furthermore, in order to recover in a libel or slander suit, Ms. Tebo must show evidence of four elements: (1) That the Griffins conveyed a defamatory message; (2) That the material was published (and seen by more than one person) (3) That Ms. Tebo could be identified to as the person(s) referred to in the defamatory material; and that Ms. Tebo suffered some Injury to her reputation as a result of the communication.
The Griffins then may have three out of four applicable defenses to libel or slander. Mainly the first one is applicable. (1) Truth – The allegedly defamatory communication is essentially true is usually an absolute defense. The Griffins would not need to verify every detail of the communication, as long as its substance can be established. (2) Consent – If Stacy Tebo consented to such publication of the defamatory material by reason that it was a matter of public record or that she e-mailed such information, did not follow laws in writing or threats to us, the defamatory material recovery is banned. (3)Accident – Accidental publication of a defamatory statement does not constitute publication. (4) Immunity – Immunity for a small number of persons who are directly involved in the furtherance of the public’s business such as judges, jurors, attorneys, etc who are protected on public policy grounds. The Town officials were given immunity in our civil rights case and as the judge indicated we each have rights and we can do whatever we wish to each other. But if the officials would not have received immunity, we would have had a great case of defamation. I do not believe Ms. Tebo has such a great case because what was said of her do not appear to be false whatsoever.
And Stacy Tebo is considered a “Public Official” . 4) Persons holding any of these positions in local government: mayor; county or city manager; chief administrative employee or finance director of a county, municipality, or other political subdivision; county or municipal attorney; chief county or municipal building inspector; county or municipal water resources coordinator; county or municipal pollution control director; county or municipal environmental control director; county or municipal administrator with power to grant or deny a land development permit; chief of police; fire chief; municipal clerk; appointed district school superintendent; community college president; district medical examiner; purchasing agent (regardless of title) having the authority
We the Citizens have a right to Redress our Grievances and since such Redress is not allowed in White Springs, the Griffins as Political Activists have taken on the task of bringing forth Transparency to all.
Karin for the blog