Whether it is from theirs or my perspective, when is the Council going to realize it is time to get rid of Tebo as our Town manager? How long will it take?

Stacy’s contract including duties from the charter which have been breached

(Read the areas in Red) 

TOWN OF WHITE SPRINGS

TOWN MANAGER EMPLOYMENT AGREEMENT

 

THIS TOWN MANAGER AGREEMENT (“Agreement”) is made and entered into this 12th day of December 2017, by and between the Town of White Springs, Florida, a Florida municipal corporation (The “Town”) and Stacy Tebo (the “Manager”).

WHEREAS: The Town Council of the Town (the “Council”) and the Manager believe that an employment agreement negotiated between the Council, on behalf of the Town, and the Manager is mutually beneficial to the Town, the Manager and the community they serve;

WHEREAS: When appropriately structured, the Council and the Manager believe an employment agreement strengthens the Council-Manager relationship by enhancing the excellence and continuity of the management of the Town for the benefit of its citizens;

WHEREAS: The Council on behalf of the Town, desires to employ the services of the Manager, as the Town Manager of the Town (“Town Manager”) pursuant to the terms, conditions and provisions of this agreement;

WHEREAS: The Manager agrees  to accept employment as the Town Manager, subject to the terms, conditions and provisions of this Agreement.

NOW THEREFORE, the Town and the Manager, for and in consideration of the terms, conditions and provisions hereinafter established have agreed and do, hereby agree as follows:

 

  1. TERM

1.1 DURATION.  The Town hereby employs the Town Manager for a twenty-four month term to commence on the 12th day of December, 2018.  The Town has the right to terminate the employment with the Town Manager at any time subject to and in accordance with the provisions of section six (6) of this agreement.

 

 

 

2.EMPLOYMENT.

2.1 CHIEF EXECUTIVE OFFICER  The Manager is the chief executive officer of the Town and shall faithfully perform the duties of the Town Manager as prescribed in the job description, as set forth in the Town Charter, if any, and Town ordinances and, as may lawfully assigned by the Council (collectively the “Town Manager’s Duties”).  Further, the Manager shall comply with (collectively “Applicable Laws and Authorities”) state and federal law, the Town’s Charter, all Town policies, rules, regulations and ordinances as they exist or may hereinafter be amended; and , all lawful Council directives.  All duties assigned to the Manager by the Council shall be appropriate to and consistent with the professional role and responsibility of the Town Manager position.

 

1.1 DUTIES; The Council does hereby employ Manager as Town Manager to perform the Town Manager’s Duties in accordance with and pursuant to the Town Charter, all Applicable Laws and Authorities and to the full extent not prohibited by or in material conflict with any existing provisions of the Town’s Charter or Applicable Laws and Authorities The Manager shall perform the Town Manager’s Duties with reasonable care, diligence, skill and expertise.

 

 

 

 

BREACHED CHARTER PROVISIONS: 

Powers and Duties of the Town Manager of White Springs, FL (Per the Town Charter)

  • The Town Manager shall be the chief administrative officer of the Town, responsible to the Council for the administration of all Town affairs placed in the Manager’s charge by or under this Charter .

 

  • Shall Appoint, and when he or she deems it necessary for the good of the Town, suspend or remove the Town employees and appoint administrative officers provided for by or under this Charter, except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter. He or She may authorize any administrative officers who are subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency.

 

    • MS TEBO NEVER APPRISES THE TOWN COUNCIL WHEN SHE HAS HIRED ANOTHER EMPLOYEE OR REMOVED AN EMPLOYEE, OR ADDED ONE, WHICH SHE HAS DONE MORE THAN ONCE IN 2019 SO THE COUNCIL IS UNAWARE OF THE DUTIES OF THE NEW EMPLOYEE, WHETHER THE SALARY PAID FALLS WITHIN THE BUDGET OR WHETHER THE ADDITIONS AND CHANGES TO STAFF ARE NECESSARY.

 

    • Tebo does not supervise any and all departments other than those located on the grounds of Town Hall.  Ms. Tebo’s supervision skills include locking herself in her office and emailing all subordinate employees and volunteers. Ms. Tebo has not evaluated the employees who work for her allowing many financial infractions and people not fulfilling the Job.  Ms. Tebo likewise has not advertised jobs and has recently hired another individual in roads and streets without apprising the council of what is being done and what the salaries may be.

 

  • Shall Direct and supervise the administration of all departments, offices and agencies of the Town, except otherwise provided by this Charter or by law.

 

    •  MS TEBO HAS BEEN LACKING IN SUPERVISING THE ADMINISTRATION OF ALL DEPARTMENTS.  SHE ALLOWS EMPLOYEES SUCH AS PAM TOMLINSON TO DISCRIMINATE AGAINST OTHER EMPLOYEES SUCH AS WAS THE SITUATION IN THE ANITA RIVERS’ CASE; MS. TEBO DOES NOT HAVE AN OPEN DOOR POLICY BUT REMAINS BEHIND CLOSED DOORS TO OTHERS AND SUPERVISES STAFF BY SENDING EMAILS RATHER THAN CONVERSING.  MS TEBO HAS NEVER CORRECTED THE JOB DUTIES OF THE VARIOUS STAFF MEMBERS WHICH HAVE CHANGED AND SUCH IS NECESSARY TO BE CORRECTED BY CHARTER AMENDMENTS AND RESOLUTIONS.

 

  • Shall attend all Town Council meetings. The Town Manager shall have the right to take part in the discussion but shall not vote;

 

    • YES MS TEBO ATTENDS ALL MEETINGS AND PROVIDES REPORTS FOR THOSE WHO MAY NOT BE ABLE TO ATTEND AS WELL AS GIVING HER OWN REPORTS OF WHAT IS TRANSPIRING AT THE TIME.  THE PROBLEM IS THAT THERE IS NOTHING IN WRITING AND WITH MS TEBO NOT ENUNCIATING HER WORDS AND NOT SPEAKING LOUD ENOUGH FOR THE AUDIENCE TO HEAR, IN SPITE OF A MICROPHONE, NO ONE KNOWS WHAT IS ACTUALLY BEING COMMUNICATED.  EVEN THOUGH BY OUR WEAK FORM OF MAYOR/TOWN MANAGER GOVERNMENT ARRANGEMENT,, MS TEBO RARELY HAS A SUGGESTION AND CERTAINLY THERE ARE NO SUGGESTIONS TO BETTER THE TOWN OF WHITE SPRINGS

 

 

  • Shall see that all the laws, provisions of this charter and acts of the Town Councilsubject to enforcement by the Town Manager or by officers subject to the Manager’s direction and supervision are faithfully executed.

 

  • MS TEBO HAS CONTINUALLY DISREGARDED LAW AND POLICIES AND JUST RECENTLY, GAVE NO NOTICE OF A SPECIAL MEETING WHICH SHE STATED COULD BE DONE IN 24 HOURS AND WHICH WAS NOT POSTED TO ALLOW CITIZENS TO PARTICIPATE IN ACCORDANCE WITH THE SUNSHINE LAWS. FURTHERMORE ONLY THE COUNCIL MEMBERS MAY CALL A MEETING AND INSTEAD MS. TEBO DID OVER A MATTER SHE SHOULD HAVE HAD ACCOMPLISHED TWO MONTHS PRIOR CAUSING COUNCIL MEMBERS TO VIOLATE THE SUNSHINE LAWS.

 

  • TEBO SHOULD HAVE SECURED INFORMATION FROM THE HAMILTON COUNTY SCHOOL BOARD TO FIND OUT WHAT MAY BE REQUIRED OF THE TOWN OF WHITE SPRINGS AND MR. CLARENCE STRONG’S FOUNDATION THE STRONG FOUNDATION AFTER THE TOWN DECIDED TO SPONSOR A BASKETBALL CAMP AND OFFERED $2,000 AS A DONATION RATHER THAN TEBO WAITING A WEEK PRIOR TO THE CAMP. THIS WAS THE SECOND YEAR OF THE BASKETBALL CAMP.

 

  • TEBO PROVIDED FAVORITISM TO AN EMPLOYEE ANDREW GREENE, BY ALLOWING HIM THE BENEFIT OF UTILIZING A FIRE SUV FOR MR. GREENE’S PERSONAL USE ALONG WITH CREDIT CARDS FOR MAINTENANCE AND FUEL FOR A PERIOD OF OVER TWO YEARS.

    This incident is being investigated by the Commission on Ethics and by such allowance, the Grantee was lied to about it use by Ms. Tebo in writing.

 

  • TEBO REMOVED THE BEST TRAINED AND MOTIVATED FIRE CHIEF WHITE SPRINGS HAS EVER HAD BECAUSE HE WISHED ANDREW GREENE REMOVED AS ASSISTANT FIRE CHIEF DUE TO REASONS CITED BY OTHER FIREFIGHTERS IN A LETTER OF NO CONFIDENCE.  INSTEAD MS. TEBO HIRED A FORMER FIRE CHIEF WHO WAS AND IS A FRIEND OF ANDREW GREENE WHO WOULD RETAIN HIM AS ASSISTANT FIRE CHIEF. AS A RESULT, WHITE SPRINGS HAS NOT HAD FIRE PROTECTION FOR AT LEAST 20 MONTHS AND MS. TEBO ALLOWS THE FIRE CHIEF TO PROVIDE FRAUDULENT REPORTS AND NOT COMPLY TO COUNCIL REQUESTS FOR INFORMATION.

    This incident is currently being investigated by the Commission on Ethics.

 

  • TEBO MISMANAGED MONEY RELATING TO THE FIRE DEPARTMENT. HAMILTON COUNTY PROVIDED A CONTRACT BASED UPON MERIT FOR CALLS ANSWERED BY THE WHITE SPRINGS VOLUNTEER FIRE DEPARTMENT IN HAMILTON COUNTY.  THE BUDGET SHOWED $30,000 WHICH IS THE MAXIMUM HAMILTON COUNTY WOULD PAY.   SINCE WHITE SPRINGS DOES NOT HAVE A VIABLE FIRE DEPARTMENT, A NON-MERIT PAYMENT WAS AGREED UPON BY HAMILTON COUNTY OF $2500 TO BE PAID QUARTERLY WHETHER OR NOT CALLS OUTSIDE OF WHITE SPRINGS ARE ANSWERED. YET, MS. TEBO DECIDED WITHOUT ADVISING THE COUNCIL, BASED UPON THE FIRE CHIEF’S SUGGESTION, TO PAY VOLUNTEERS ON THE WEEKEND $100 A DAY .  PREVIOUS TO STEVE STITH TAKING OVER THE CHIEF POSITION, THE FORMER CHIEF AND FIREFIGHTERS WERE LIMITED TO $75 A MONTH FOR CALLS AND WERE NOT REIMBURSED FOR SOME REPAIRS THEY MADE ON THEIR OWN.  MS. TEBO SAID BREATHING APPARATUS WERE FRIVOLOUS BUT THE  CURRENT CHIEF WAS GRANTED THESE APPARATUS.

 

  • THE FIRE DEPARTMENT HAS EXCEEDED THE $30,000 BUDGET BY in EXCESS OF $1000 WHEN THE WSVFD WILL RECEIVE ONLY $10,000 MAXIMUM ANY GIVEN YEAR FROM HAMILTON COUNTY. IN THE MEANTIME GENOA HAS BEEN RESPONDING TO FIRES IN WHITE SPRINGS.

 

  • MS TEBO COMPLETED AND SIGNED TIME SHEETS ON BEHALF OF AN EMPLOYEE WHO WAS UNABLE TO WORK BUT WHO WAS PAID LEAVE FOR OVER A PERIOD OF TWO YEARS WITHOUT COUNCIL APPROVAL AND WITHOUT COMPLYING WITH THE TOWN OF WHITE SPRINGS PERSONNEL MANUAL NOR FEDERAL LAW SINCE FLORIDA DOES NOT HAVE A SPECIFIC LAW ASIDE OF FEDERAL LAW.

 

  • The Commission on Ethics stipulated that paying an employee for two years or more while the employee was unable to work was a “Management Decision” and under the Rudd Act, another government entity may not be involved with a Municipalities decisions. Yet the council was not advised nor was this approved by the council.  The Commission on Ethics said that is up to the Council to make a decision on this matter.

 

  • The Personnel Policy States: Under 2. page -28- Duration of EACH leave – It states Annual Leave shall be limited to thirty (30) consecutive calendar days  unless approved in ADVANCE by the Town Manager.

1) It may discuss leave but it does not say we pay his medical

2)  There is no contract and this allegedly was NOT approved in “advance” BY CONTRACT OR WRITTEN STATEMENT

3) A prudent individual would not anticipate being paid for two years nor would a prudent manager feel that it would be correct to pay someone for not working. 

4) The Town Council was never apprised of the payments being made to an employee who was unable to work and which was not in accordance with the personnel file

5) The employee did not sign time sheets and the Manager Tebo and Pam Tomlinson instead falsified and signed the time sheets. 

 

  • Medical Leave under the Federal Medical Leave Act:

 Under the FMLA, you are entitled to time away from your workplace for certain health-related situations. Although you are not entitled to receive your pay during this time of absence, your job is protected and health insurance benefits must generally continue. Under the FMLA, you are entitled to take 12 weeks of unpaid leave during a twelve-month period for: A serious health condition that makes you unable to perform your job.Ms. Tebo did not follow the Personnel Manual nor Federal Law nor did Ms. Tebo ask for approval from the Town Council..

 

  • Prepare and submit the annual budget and capital program to the Town Council;

 

    •  MS. TEBO HAS SUBMITTED A BUDGET IN ACCORDANCE WITH FORMER MAYOR RHETT BULLARD’S INSTRUCTIONS RATHER THAN HANDLING THE BUDGET AND CAPITAL PROGRAM TO ENURE TO THE BENEFIT OF WHITE SPRINGS RESIDENTS AND CITIZENS.  INSTEAD OF A BALANCED BUDGET, WE HAVE LESS THAN TWO MONTHS OF OPERATING CAPITAL AT THE END OF THE 2018-2019 FISCAL YEAR END.

 

    • SHE HAS UTILIZED LOCAL OPTION FUEL TAX (LOFT) FUNDS FOR SALARIES, BUYING A $60,000 EXCAVATOR WITH TRAILER WHICH THE TOWN DID NOT NEED, BECAUSE AN EMPLOYEE DID NOT WISH TO USE THE ALREADY PAID FOR BACKHOE.  LOFT FUNDS BY STATUTE ARE TO BE USED FOR “TRANSPORTATION” ONLY.  

 

    • OF THE APPROXIMATE $700,000 IN LOCAL OPTION FUEL TAX FUNDS, MS. TEBO AGREED FOR ONLY APPROXIMATELY $6-10,000 TO BE SPENT ON ROADS AND STREETS (TRANSPORTATION). 

 

    • FURTHERMORE A SEPARATE RESTRICTIVE FUND HAS NOT BEEN MAINTAINED FOR LOFT FUNDS AND THE BUDGET COMPLETED BY MS. TEBO INCLUDED SUCH LOFT FUNDS IN THE GENERAL BUDGET ALONG WITH MONEY TAKEN FROM THE SEWER AND WATER (ENTERPRISE) FUND.

 

  • Shall submit to the Town Council and make available to the public a complete report on the finances and administrative activities of the Town as of the end of each fiscal year; The Town Manager shall submit the budget for the ensuing fiscal year in accordance with general law.

 

    • TEBO HAS NOT MADE THE TOWN COUNCIL OR PUBLIC AWARE OF THE FINANCES NOR THE ADMINISTRATIVE ACTIVITIES OF THE TOWN.  THE CPA WAS CALLED IN FOR THE 2018-2019 FISCAL YEAR END TO APPRISE ALL CONCERNED THAT THE TOWN HAS ONLY TWO MONTHS OR LESS OF OPERATING CAPITAL FOR WHICH MS. TEBO SHOULD HAVE APPRISED THE COUNCIL OF OUR FINANCIAL DILEMMA MUCH EARLIER ON AND CAME UP WITH A SOLUTION.

 

  • The Town Manager’s message shall explain the proposed budget both in fiscal terms and in terms of capital programs. It shall outline the proposed financial policies of the Town for the ensuing fiscal year, describe the important features of the proposed budget, expenditures, and revenues together with the reason for such changes, summarize the Town’s debt position and include such other material as the Town Manager deems necessary and proper.

 

    • MS TEBO HAS NEVER APPRISED THE COUNCIL NOR THE PUBLIC  OF WHAT THE TOWN IS SPENDING THEIR MONEY ON, WHY CHANGES ARE REQUIRED AND WHAT THE IMPORTANT FEATURES ARE OF THE PROPOSED BUDGET,  MS. TEBO HAS NOT APPRISED THE  COUNCILORS OF THE STATE OF THE WHITE SPRINGS ECONOMY OR WHY CERTAIN MONIES ARE SPENT.  IN FACT THE FINANCIALS DO NOT BREAKDOWN WHAT IS ACTUALLY BEING SPENT (I.E. THE BUDGET FOR ROADS AND STREETS DID NOT SHOW THE SEPARATE AMOUNT FOR A NEW PICKUP TRUCK NOR THE EXCAVATOR AND TRAILER BUT WAS INCLUDED UNDER ITEMS NOT RECOGNIZABLE AS A LUMP SUM.

 

 

  • If at any time during the fiscal year, it appears to the Town Manager that revenues appropriated will be insufficient, he or she shall report to the Council without delay indicating the estimated amount of the deficit. The Town Manager shall suggest remedial action to be taken and recommend to the Town Council such other steps needed to reduce the deficit.  The Town Council shall take further action to prevent or minimize a deficit and for that purpose may, by motion, reduce one (1) or more appropriations.

 

  • THE TOWN MANAGER DOES NOT REPORT ANY DEFICITS TO THE BUDGET.  THERE IS NO TRANSPARENCY TO COUNCIL MEMBERS, OR PUBLIC, EXCEPT AS TO THE AMOUNTS WE MUST PAY RELATIVE TO GRANTS, NOT REALIZING THAT WE DO NOT HAVE THE NECESSARY SEED MONEY (OUR PORTION OF THE GRANTS) IN OUR GENERAL FUND ACCOUNT. 

 

  • THIS MATTER IS OF EXTREME IMPORTANCE AND ONE IN WHICH MS. TEBO HAS NEVER APPRISED THE COUNCIL OF,  NOR HAS SHE MADE SUGGESTIONS AS TO HOW TO MINIMIZE THE PROBLEM. SHE ONLY KNOWS HOW TO SPEND.  AS SUCH, THE COUNCIL MEMBERS AND THE PUBLIC LEARNED FROM THE CPA THAT THE TOWN OF WHITE SPRINGS ONLY HAS TWO MONTHS CASH FLOW OR LESS AND THE TOWN MANAGER HAS NOT GIVEN THE COUNCIL ANY SUGGESTIONS FOR REMEDIAL ACTION OR THE NECESSARY STEPS TO REDUCE THE DEFICIT.

 

  • Make such otherreports as the Town Council may require concerning the operation of Town departments, offices, and agencies, subject to the Town Manager’s direction and supervision

 

    • MS. TEBO HAS NOT RESPONDED TO COUNCIL REQUESTS FOR ADDITIONAL INFORMATION ON THE FIRE DEPARTMENT PERSONNEL.

 

    • MS. TEBO DID NOT EXPLAIN THAT PUBLIC WORKS WAS NOT BEING HANDLED WHILE SHE WAS PAYING THE EMPLOYEE WHO WAS UNABLE TO WORK.

 

    • MS. TEBO DOES NOT SEEK COUNCIL APPROVAL FOR NEGOTIATIONS SHE ALLOWS ONE COUNCIL MEMBER (SPENCER LOFTON REGARDING S.H.E.) TO MAKE AND SHE LIKEWISE HAS NOT SECURED THE REPORTING FROM HIM WHICH HAS BEEN REQUESTED BY THE MAYOR FOR THE PUBLIC.

 

    • MS. TEBO HAS ALLOWED A COUNCIL MEMBER (TONJA BROWN) SIGN CHECKS WHEN THE MAYOR AND VICE MAYOR WERE AVAILABLE AS WAS THE ALTERNATE, POLICE CHIEF TRACY RODRIQUENZ.

 

 

  • Keep the Town Council fully advised as to the financial condition and future needs of the Town by providinga financial and budget progress report at each regular Council Meeting.

 

    • MS. TEBO HAS MADE EXCUSES STATING THAT BY SHOWING THE PAYABLES TO THE COUNCIL AT EACH MONTHLY MEETING IS ONLY DONE AS CONSIDERATION.  THIS IS BECAUSE CHECKS ARE ISSUED IN ADVANCE OF THE MEETINGS. 

 

    • MS. TEBO HAS NEVER APPRISED THE COUNCIL AT ANY MONTHLY MEETING SINCE SHE BECAME OUR TOWN MANAGER FOUR YEARS AGO ABOUT THE CONDITIONS OF OUR FINANCES AND HAS IGNORED THIS PART OF HER CONTRACT EXPLICITLY AND CONVENIENTLY UNTIL SUCH TIME AS IT IS TOO LATE AS IT WAS IN 2019 WHEN OUR CPA ADVISED WE HAD ONLY LESS THAN TWO MONTHS OF OPERATING CAPITAL.

 

  • Make recommendations to the Town Council concerning the affairs of the Town and all agenda items;
    • IT IS A RARE SITUATION FOR STACY TEBO TO MAKE RECOMMENDATIONS TO ANYONE EXCEPT WHEN SOMEONE ASKS HER A QUESTION DIRECTLY OF WHETHER THERE IS MONEY FOR A SPECIFIC REQUEST, AND THEN SHE RESPONDS WITH AN ANSWER.  ANY RECOMMENDATIONS OUTSIDE OF ANSWERING QUESTIONS IS A RARE EVENT INDEED.

 

 

  • Provide staff support services for the Mayor and Council members.

 

    • MS. TEBO PICKS AND CHOOSES THE COUNCILORS WHOM SHE IS WILLING TO ASSIST AND PROVIDE STAFF SUPPORT.   WHEN FORMER MAYOR AND COUNCILWOMAN AND NOW MAYOR MILLER REQUESTED ASSISTANCE WITH CHAIRS AND TABLES FOR A DINNER TO BE HELD IN WHITE SPRINGS FOR THE SUWANNEE LEAGUE OF CITIES, MS. TEBO USED THIS REQUEST FOR HELP AS ONE OF FOUR REASONS TO HAVE MILLER REMOVED FROM HER COUNCIL SEAT AND CHARGING HER WITH MALFEASANCE BECAUSE SHE DID NOT LIKE MILLER AND STATED SUCH IN DEPOSITIONS.

    • A SECOND COMPLAINT TO REMOVE MILLER FROM HER COUNCIL SEAT RELATED TO MILLER ASKING THE POLICE CHIEF TO ASSIST HER ON WHAT WOULD BE CONSTRUED AS AN AREA OF POLICING.

    • MS. TEBO REFUSES TO PROVIDE MATERIALS AND INFORMATION ON A TIMELY BASIS YET TODAY TO MAYOR MILLER, WHEN ASKED.

    • ALTHOUGH MS. TEBO CONSIDERED ANY REQUEST OF MAYOR MILLER’S TO BE “INTERFERENCE” MS. TEBO ALLOWED COUNCILWOMAN BROWN TO SPEND HOURS IN HER OFFICE AND ACCOMPANY HER ON LOCAL TRIPS.

    • MS. TEBO ALLOWED SPENCER LOFTON TO UTILIZE AN OFFICE AT TOWN HALL MONDAY, WEDNESDAYS AND FRIDAYS BUT WOULD NOT HANDLE ONE REQUEST FROM MAYOR MILLER.

 

 

  • Shall be the purchasing agent of the Town for the purchase of all supplies and equipment in accordance with the approved Town Budget andshall also conduct all sales of surplus Town owned, seized or forfeited personal property which the Town Council may authorize to be sold as having become unnecessary or unfit to the Town’s use. All purchase and sales shall conform to such regulations as the Town Council may from time to time prescribe and shall allow for competition.  These restrictions, limitations or criteria on this authority shall be established by ordinance, including but not limited to bidding requirements. 

 

    • TEBO DOES NOT SEEM TO FEEL SHE HAS RESTRICTIONS. WITHOUT DISCUSSION WITH THE COUNCIL, MS TEBO SOLD THE SCHOOL BUS WHICH COULD HAVE BEEN USED TO TRANSPORT THE CHILDREN OF WHITE SPRINGS AS IT DID PREVIOUSLY FR THE H.O.P.E. SUMMER PROGRAMS.

 

    • MS. TEBO GAVE AWAY OR SOLD THE WOOD SPLITTER, SO THAT THE PEOPLE OF WHITE SPRINGS COULD NOT HAVE WOOD TO HEAT THEIR HOMES DURING THE COLD SEASON.  THANKFULLY MAYOR MILLER SPOKE WITH THE HAMILTON COUNTY COORDINATOR WHO SUPPLIED HIS PERSONAL WOOD SPLITTER TO ASSIST THE MILLERS AND MR. TENNIS TO SUPPLY WOOD.

 

    • SUPPLIES AND FURNISHINGS PREVIOUSLY DONATED FOR THE HOPE PROGRAMS AND STORED AT THE DE LEGAL BUILDING NO LONGER ARE THERE SO APPARENTLY THIS PROPERTY WAS REMOVED WITHOUT THE KNOWLEDGE OF THE COUNCIL OR THE PUBLIC BY MS. TEBO. IT MAY BE MENTIONED THAT THE MONEY FOR SAID PROPERTY WAS PROVIDED THROUGH A GRANT BY A FRIEND OF THE MILLERS FOR USE BY THE TOWN’S CHILDREN.

 

  • Shall make such recommendations to the Council as the Manager deems necessary or expedient in the interest of the Town relating to the adoption of ordinances and resolutions. 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 duties.

 

    • IT HAS BEEN THE COUNCIL WHICH REQUIRES SUCH ADOPTION OF ORDINANCES AND RESOLUTIONS.  AS MENTIONED PREVIOUSLY, THE LAST SENTENCE OF THE ABOVE DUTIES PERTAINS TO “INTERFERENCE”, WHICH MS. TEBO USED AGAINST MAYOR, THEN COUNCIL WOMAN MILLER TO REMOVE HER FROM OFFICE, YET SHE ALLOWED TONJA TO SPEND TIME IN HER OFFICE, ESPECIALLY ON FRIDAYS IF TEBO WAS THERE AND SPENCER LOFTON COULD OFFICE AT TOWN HALL MONDAY, WEDNESDAY AND FRIDAY, BUT THESE INCIDENTS WERE NOT CONSTRUED “INTERFERENCE”.

 

 

  • Shall perform such other duties as are specified in this Charter or may be required by the Town Council.
    • MS. TEBO WILL DO NO MORE THAN SHE HAS TO AND ONLY WILL DO WHAT IS SPECIFIED BY CERTAIN COUNCILORS.  WHEN SHE IS REQUIRED TO ATTEND EVENTS SHE APPEARS TO BE RUDE TO CITIZENS WHO ATTEMPT SPEAKING TO HER. SHE WAS RUDE TO A BENEFACTOR OF THIS TOWN, MRS. CAMP.

 

    • WHEN WHITE SPRINGS WAS HIT BY A HURRICANE, MS. TEBO LEFT TOWN, EXPECTING COUNCIL MEMBERS, POLICE AND FIREFIGHTERS TO DO THEIR JOBS WITHOUT ANY ASSISTANCE FROM THEIR TOWN MANAGER.

 

 

  • By letter filed with the Town Clerk, the Town Manager shall designate a Town officer to exercise the powers and perform the duties of Town Manager during the Manager’s temporary absence or disability.The Town Council may revoke such designation at any time and appoint another officer of the Town to serve until the Town Manager returns

 

    • STACY TEBO HAS ALWAYS TAKEN A TREMENDOUS AMOUNT OF TIME FOR HER OWN PERSONAL REASONS AND MANY TIMES PAM TOMLINSON LIKEWISE IS NOT IN THE OFFICE, LEAVING ONLY THE ADMINISTRATIVE ASSISTANT IN CHARGE.

The Town Manager may be suspended by a resolution approved by the majority of the total membership of the Town Council which shall set forth the reasons for suspension and proposed removal. ) A copy of such resolution shall be served immediately upon the Town Manager by registered mail.  The Town Manager shall have fifteen (15) days IN WHICH TO REPLY THERETO IN WRITING AND UPON REQUEST, SHALL BE AFFORDED A PUBLIC HEARING WHICH SHALL BE CONVENED BY THE Town Council not earlier than ten (10) days, no later than fifteen (15) days after such hearing is requested.  After the public hearing, if one is requested and after full consideration, the Town Council by a four-fifths vote of its total membership may adopt a final resolution of removal.  The Town Manager shall continue to receive full salary until the effective date of a final resolution of removal.   

 

    • ALTHOUGH THE COUNCIL APPROVED AN AMENDMENT TO MS. TEBO’S CONTRACT STIPULATING THAT EVEN THOUGH HER PERMANENT ADDRESS IS ORANGE CITY, BECAUSE SHE LIVES IN A ROOM IN  LAKE CITY , SHE COMPLIES WITH BEING WITHIN 30 MILES OF WHITE SPRINGS, NO AMENDMENT IN WRITING HAS BEEN MADE.

 

    • MS TEBO’S DRIVER’S LICENSE IS STILL IN VOLUCIA COUNTY; HER PERMANENT ADDRESS IS ORANGE CITY IN VOLUCIA COUNTY AND EVEN IF THE COUNCIL COMPLIED, WHICH ADDRESS OR BOTH COULD THE COUNCIL USE TO SEND SUCH A NOTICE?

 

  • Shall be responsible for the supervision and direction of all departments, agencies or officers of the Town. 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.With the consent of the Town Council, the Manager may serve as the head of one (1) or more departments, offices or agencies or may appoint one (1) person as the head of two (2) or more of them.

 

  • All appointments and promotions of Town officers, 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.

 

    • SINCE MS. TEBO’S TENURE AS MANAGER, NOTHING WAS ACCOMPLISHED ON THE BASIS OF MERIT AND FITNESS.  NO PERSONNEL PROCEDURES OR POLICIES WERE ACCOMPLISHED NOR WERE JOB DESCRIPTIONS CHANGED TO FIT WHAT STAFF IS NOW HANDLING.  IF ANYONE DISAGREED WITH MS. TEBO, THEIR POSITIONS WOULD BE TERMINATED.  SHE RULES BY FEAR AND THREATS.

 

    • MS. TEBO ADMITTED IN A DEPOSITION THAT SHE USES PERCOSET AN OPIOID DRUG AND HAS FOR YEARS.  IN HER DE BARY DEPOSITION, SHE DID NOT ADMIT TO USING OPIOID DRUGS.  WE DO NOT HAVE A DRUG FREE WORKPLACE AND EVEN PAM TOMLINSON WAS ALLOWED BY MS. TEBO TO SMOKE E-CIGARETTES IN THE OFFICE WHICH SMELLED OF POT.

 The Manager shall develop and keep current an Administrative code for the purpose of implementing ordinances passed by the Town Council. 

  • WE HAVE A COMMITTEE OR HAVE HAD A COMMITTEE BUT NOTHING HAS BEEN ACCOMPLISHED FOR OLD ORDINANCES, ORDINANCES WHICH DO NOT APPLY, ORDINANCES WHICH APPLY ONLY TO GRIFFIN, AND ALTHOUGH WE PAY TEN THOUSAND OR MORE FOR CODIFICATION, WHERE ARE ALL THE ORDINANCES WHICH SHOULD BE PLACED IN BINDERS. THIS IS MS. TEBO’S DUTY TO WHICH SHE HAS NOT COMPLIED.

 

  • AT THE JUNE 4TH WORKSHOP, MAYOR MILLER HAD REQUESTED INFORMATION REGARDING LONE STAR PLANNING GROUP, INNOVATIVE NETWORK, INC., INVOICES FROM LANIER MUNICIPAL SUPPLY FROM MS. TEBO. TEBO DISREGARDED MAYOR MILLER’S REQUEST AND WHEN THE MONTHLY MEETING ARRIVED, NOTHING WAS BROUGHT UP NOR CONTAINED IN THE AGENDA AS “OLD BUSINESS”. TO DATE MS. TEBO HAS NOT PROVIDED THE INFORMATION AS TO WHAT THESE FIRMS DO OR HAVE DONE.

 

  • TEBO’S FRIEND FROM HER PREVIOUS EMPLOYMENT AT DE BARY WORKS FOR LONE STAR PLANNING GROUP WHICH IS PAID $750 A MONTH BY THE TOWN OF WHITE SPRINGS AND NO ONE KNOWS WHAT LONE STAR PLANNING GROUP HAS DONE FOR THE TOWN. MS. TEBO STATED HER FRIEND MS. ESTES HAS HELPED WITH GIS AND MAPPING AND WAS HIRED IN 2016. MAYOR MILLER REQUESTED PAM TOMLINSON TO PROVIDE THE MINUTES WHERE MS. ESTES WAS APPROVED AND THAT ALSO HAS NOT BEEN PROVIDED TO THE COUNCIL.

 

  • MS TEBO DID NOT ADVISE THE COUNCIL WHO INNOVATIVE NETWORK SOLUTIONS ARE. IT APPEARS TO BE AN IT PROGRAM FOR WHICH THE TOWN PAYS $930 A MONTH FOR. THIS WAS REQUESTED JUNE 4TH.

 

  • WHITE SPRINGS ALSO PAYS GEOMARKETING FOR WHICH WE HAVE RECEIVED NO INFORMATION WHICH WAS REQUESTED ON JUNE 4TH

 

  • WHITE SPRINGS ALSO PAYS LYRA ENTERPRISES OF SARASOTA FLORIDA AND ITS WEBSITE HAS ANOTHER BUSINESS OF SKIN ART FOR WHICH NO INFORMATION HAS BEEN RECEIVED SINCE ITS JUNE 4TH REQUEST FROM MS. TEBO.

 

·       RESOLUTIONS ARE A RECORD OF DECISIONS OR WISHES OF THE TOWN COUNCIL WITHOUT WHICH IT WOULD SEEM AS THOUGH THE ENTIRE COUNCIL WAS NOT IN AGREEMENT.  STACY TEBO FAILED RELATIVE WHEN THE TOWN OF WHITE SPRINGS WISHED TO APPLY FOR THE GRANT FOR A FIRE TRUCK, IT WAS FOUND THAT STACY TEBO HAD NOT COMPLETED A RESOLUTION AFFIRMING THE COUNCIL HAD AGREED TO SECURE THE GRANT.  THE SIGNING OF THE PAPERWORK WAS THEN DELAYED UNTIL THE NEXT MEETING SO A RESOLUTION COULD BE COMPLETED.

 

  • WHEN THE CARVER SCHOOL PROPERTY WAS TURNED OVER TO THE TOWN IN 2011, THE HAMILTON COUNTY SCHOOL BOARD PLACED A REVERTER CLAUSE IN THE TRANSFER PAPERS STIPULATING THAT IF IN FIVE YEARS, THE TOWN OF WHITE SPRINGS DID NOT DEVELOP THE PROPERTY FOR COMMUNITY DEVELOPMENT THE PROPERTY WOULD REVERT BACK TO HAMILTON COUNTY IN 2016. MS. TEBO CONTENDED THE TOWN OWNED THE CARVER SCHOOL PROPERTY AND COULD DEMOLISH THE SCHOOL IF SHE WISHED TO WITHOUT NOTIFYING THE PUBLIC. OTHER NOTIFICATIONS OF SECURING A GRANT WERE PLACED IN NEWSPAPERS OUTSIDE OF HAMILTON COUNTY.   AFTER WE RECEIVED THE GRANT FOR $600,000 IN 2019, THE TOWN HAD TO HAVE THE REVERTER CLAUSE REMOVED BY HAMILTON COUNTY. THIS SHOULD HAVE BEEN STACY TEBO’S DUTY TO KNOW AND REVIEW SUCH DOCUMENTS TO ASSURE THAT THE TOWN OWNED THE LAND UNDER WHICH THEY WISHED TO BUILD A COMMUNITY CENTER AND PARK.

 

  • TWO COUNCIL MEMBERS REQUESTED A WORKSHOP ON JULY 2ND AND SINCE MS. TEBO WAS PLANNING TO BE OUT OF TOWN, SHE VETOED THEIR REQUEST AND WOULD NOT ALLOW A MEETING WHICH IS NOT HER DECISION TO HAVE.

  • 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.

 

  • The Town shall prepare a Comprehensive Land Use plan which shall be in compliance with general law. The Comprehensive Land Use Plan when approved by the Town Council shall serve as the Town’s long term growth and expansion control plan……The Town Manager shall chair the committee.  The other four (4) members shall be electors of the Town.  This committee may utilize the services of professional land use planners to accomplish these tasks as necessary.

 

  • The hours of operation for each Department shall be determined by the Town Manager and Department Head in accordance with the needs of the Town. Work schedules may vary according to the needs of the individual department, subject to the approval of the Department Head and the Town Manager.

  

  • Recruiting efforts to fill current or projected vacancies shall be the responsibility of the Town Manager.

 

  • The Town Manager shall have the responsibility for the administration and maintenance of the Classification Plan and Salary Schedule. The Classification Plan will be audited on a regular schedule and modified if needed.  Amendments or modifications to the Pay and Classification Plan shall be approved by the Council upon a recommendation from the Town Manager.

 

  • THERE IS NO JOB CLASSIFICATION PLAN NOR SALARY SCHEDULE.

 

 

  • Upon approval of the Town Manager, a placement within the range of up to 10% above the minimum may be negotiated by the Department Head based on verified related experience or education which exceeds the minimum requirement for the position. Such experience or educational qualifications must be documented and included in the employee personnel file and hiring documents.Upon the written recommendation of the Department Head, the Town Manager may consider placing an individual at more than 10% above the minimum of the salary schedule when the combination of experience and education is above the minimum requirements. 

 

  • CERTAIN PEOPLE ARE FAVORED FOR VERY LITTLE WORK PERFORMED AND OTHERS WHO ARE NOT FAVORED WHO WORK VERY HARD ARE NOT GIVEN THE SAME SALARY AND BENEFITS. (I.E. Andrew Greene vs Anita Rivers; Kevin Pittman vs. Steve Stith)

 

  • The Town Manager shall analyze the new position requested by the Department Heads and recommend to the Department Head the appropriate title and rate of pay in accordance with the Town’s Classification Plan.The request, with the Town Manager’s recommendations shall then be submitted for budget approval during the normal budget process.  The creation of new positions within the existing fiscal budget year, causing a need to amend the current budget, is discouraged….

 

  • THE ADMIN POSITION WAS CHANGED TO INCLUDE BILLING OF THE ENTERPRISE ACCOUNT AND MANY ACCOUNTING AND CLERICAL DUTIES BUT THERE WAS NEVER AN APPROPRIATE RATE OF PAY AND JUST AN ADMIN TITLE WHEN THE CHARTER CALLS FOR A “TOWN CLERK”. IN THE MEANTIME, PAM, BECAUSE OF LONGEVITY WITH TOWN HALL, EVEN THOUGH SHE DOES NOT HAVE THE EXPERIENCE IS GIVEN MAJOR TITLES AND DOES VERY LITTLE TO EARN THOSE TITLES BUT IS PROBABLY THE HIGHEST PAID AT TOWN HALL OUTSIDE OF THE TOWN MANAGER

 

 

  • TEBO HIRED A NEW PERSON IN STREET ROADS AND PUBLIC WORKS BUT THERE IS NO TITLE, NOR JOB DESCRIPTION NOR A CLASSIFICATION PLAN NOR HAS MS. TEBO ADVISED THE COUNCIL OF THE HIRE NOR EXPLAINED WHAT SALARY WILL BE INCLUDED IN THE BUDGET PROCESS. MS. TEBO OBVIOUSLY AMENDED THE BUDGET TO INCLUDE THE NEW HIRE AND THAT HAS ASSISTED IN OUR CAPITAL PROBLEM.

 

 

  • The Department head may request a rate adjustment. This request may be submitted to the Town Manager for approval.

 

  • Employees in exempt positions may submit a request to the Town Manager for compensatory time to be granted for excess hours. Compensatory time for Exempt employees shall be on an hour and a half per hour basis (1 ½ hours comp time earned for each hour worked over 40 hours).  Upon approval of the compensatory time, the employee may not accumulate more than 24 hours without further approval by the Town Manager.

 

 

  • Regular non-exempt employees who have received prior approval to work overtime, shall be granted either compensatory time at the rate of one and one-half (1 ½) times for each overtime hour worked or cash payment for overtime worked at the rate of one and one-half (1 ½) times that employee’s regular hourly rate of pay. The maximum accumulation of compensatory leave is 24 hours.  Overtime worked after the accumulation of the 24 hours shall be paid directly to the employee and be included in the regular pay checkunless otherwise authorized by the Town Manager.

 

  • If the employee does not receive timely written response from the Department Head, or the employee is unsatisfied with the decision of the Department Head, the employee may then appeal to the Town Manager. The appeal to the Town Manager shall take place within ten (10) working days of receipt of the decision of the Department Head.  If the Department Head does not provide written response within the prescribed time, their lack of response shall be considered a denial of the appeal and the employee should proceed with their appeal to the Town Manager.

 

 

  • A termination may be appealed directly to the Town Manager’s Office within fifteen (15) days of written notification of the termination. Upon receipt of the appeal, the Town Manager shall initiate a Hearing Council Review.  The Hearing Council shall meet with the employee and the Department Head, give them an opportunity to explain their respective positions, listen to any witnesses they wish to present, call any witnesses the Hearing Council feels will be helpful in making its recommendation, review all documents submitted and make a recommendation to the Town Manager.  The town Manager shall have the final decision in the matter
  • All appeals or grievances must be in written form. Employees may request assistance from the Town Manager’s Office regarding grievance procedures and this guidance may be provided during the employee’s regular working time with no loss of pay.

 

  • ANITA RIVERS MADE A FORMAL GRIEVANCE REGARDING HER BEING DISCRIMINATED AGAINST AND BECAUSE THE TOWN FELT IT HAD TO PROTECT STACY TEBO IT COST THE TOWN $25,965.22. IT WAS FOUND HOWEVER THAT MS. TEBO ALLOWED HER STAFF MEMBERS TO DISCRIMINATE AGAINST RIVERS, AND SINCE SHE DID NOTHING TO STOP SAID DISCRIMINATION, MS TEBO IS RESPONSIBLE.

 

  • BOTH TOWN ATTORNEY FREDERICK KOBERLEIN AND ATTORNEY LARKEN WHO HANDLED THE LEGAL SERVICES WERE TOLD BY MS. TEBO THAT THE COUNCIL APPROVED THE HIRING OF LARKEN BUT THE COUNCIL DID NOT APPROVE HIS HIRING AT LEAST AT A PUBLIC MEETING WHERE SUCH WAS NECESSARY BY LAW.

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  • Procedure for Termination-The Town Manager will review the request and consider the recommendations of the Department Head. The Town Manager may call a conference with the employee and/or the Department Head or investigate the matter to whatever extent he or she feels necessary.  Upon approval by the Town Manager, the signed Notice of Termination shall be delivered to the employee in person, if possible.  A copy shall also be mailed certified-return receipt requested to the employee’s last known address.

 

  • All Employee layoffs will be approved by the Town Manager

 

 

“It is the policy of the Town to expect the employees to comply with all rules and regulations of the Town, State Statutes, and federal regulations in the performance of their duties, as well as compliance with all safety rules and standards.  Any employee who violates any of these rules and regulations shall be subject to disciplinary action, up to, but not necessarily including termination of employment.”

THERE HAS BEEN A PRECEDENT TO NOT FOLLOW THE LAWS AND THE COUNCIL HAS ACCEPTED THE PRECEDENT.  FURTHERMORE THE TOWN EMPLOYEES MAY TREAT CITIZENS AS RUDELY AS THEY CAN WITHOUT REPERCUSSION EVEN IF THE TOWN HAS RESOLUTIONS WHICH ALLOW CERTAIN RIGHTS OF CITIZENS AND MS. TEBO IS PART OF THE PROBLEM..

 

 

2.3 CRITICISMS, COMPLAINTS AND SUGGESTIONS   The Council individually and collectively, shall refer in a timely manner all substantive criticism, complaints and suggestions called to the Council’s attention to the Manager for study and/or appropriate action,  and the Manager shall refer the matter(s) to the appropriate Town employee or shall investigate such matter(s) and inform the Council of the results of such efforts.

 

2.4  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 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.  The Manager will devote full time and effort to the performance of the Town Manager’s Duties and shall remain in the exclusive employ of the Town during the term of this Agreement.  The Manager, with the prior consent of the Council, may accept outside professional employment which does not interfere with the Manager performing the Town Manager’s Duties.  The term “outside professional employment” means professional services provided to third parties for which the Manager is compensated and which are performed on the Manager’s time off.

2.5 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.

III COMPENSATION:

 

3.1  SALARY:  The Town shall provide the Manager with an annual salary equal to the sum of fifty-eight thousand dollars and zero cents ($58,000.00).

The Manager’s salary shall be paid to the Manager in equal weekly installments on the schedule of other Town employees and shall be paid subject to any applicable withholdings or deductions required by the Applicable Laws and Authorities.

3.2 SALARY ADJUSTMENTS.  At any time during the term of this Agreement, the Council may, in its discretion, review and adjust the salary of the Manager, but in no event shall the Manager be paid less than the salary set forth in Paragraph 3.1 of this Agreement, except by mutual agreement of the two parties.  Such adjustments, if any, shall be made pursuant to Lawful Council resolutions.  In such event, the parties agree to provide their best efforts and reasonable cooperation to execute a new agreement incorporating the adjusted salary.

3.3 PAID LEAVES – VACATION, SICK, PERSONAL, AND HOLIDAY  The Manager may take at the Manager’s choice, the same number of hours of vacation authorized and adopted for employees of the Town, the leave must be in a single period or at different times.  The vacation leave taken by the Manager will be taken at such time or times as will least interfere with the performance of the Town Manager’s Duties.  The Manager is hereby granted the same sick/personal leave benefits as authorized by Council policies for employees.  The Manager shall observe the same legal holidays as provided by the Town for its administrative employees.

  • Tebo in her first and subsequent years has taken Friday’s off and in subsequent years has taken Fridays and most of the hours on Mondays. Ms. Tebo has taken weeks off and may not show up for work on week days. She has shown that the Manager’s job in White Springs is only a part-time position but in accordance with Ms. Tebo’s contract she has been paid $55,000 a year with a $3,000 raise in October of 2018 for full-time employment under contract. Thus this is another breach of her contract.

 

 

3.4 BENEFITS – GENERAL  Unless expressly provided otherwise in this Agreement, in addition to those benefits specifically set forth herein, the Manager shall be entitled to the same benefits that are enjoyed by any other employees of the  Town pursuant to all applicable laws and authorities.  This includes accrual and payment of benefits upon the events defined by the adopted employee benefits rules and regulations.

3.5 INSURANCE – HEALTH: The Town agrees to pay the premiums for health, hospitalization, vision, dental and comprehensive medical insurance for the Manager pursuant to the group health care plan provided by the Town for its employees.

3.6 BONDS AND INDEMNIFICATION:  The Town shall bear the full cost of any fidelity or other bonds required of the Manager under any law or ordinance.  The Town shall to the extent required by law, defend, save harmless and indemnify the Town Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise arising out of alleged act or omission occurring in the performance of the Manager’s duties as Town Manager 

 STACY TEBO’S CONDUCT WAS NOT AN ALLEGED ACT OR OMISSION BUT RATHER GROSS MISCONDUCT WHEREBY HER “INTENTIONAL” ACTS TO TAKE DOWN WHITE SPRINGS with MALICE AND FORETHOUGHT WOULD NOT BE COVERED BY INSURANCE AND SHOULD SURELY NOT BE COVERED BY THE CITIZENS OF WHITE SPRINGS WHO ARE SUFFERING AT THIS POINT.  

 The Town will defend and pay the amount of settlement or judgment rendered in any tort, professional liability claim, demand or other legal action arising out of alleged act or omission occurring in the performance of the Manager’s duties as Town Manager.  In furtherance of the above, the Town Manager shall be covered by Town’s Public Official Liability Policy, as well as other Liability policies.  

(THESE LIABILITY POLICIES THROUGH THE FLORIDA MUNICIPAL TRUST ARE INSTITUTED FOR THE PURPOSE OF COVERING NEGLIGENCE.  WHAT STACY TEBO DID TO THE TOWN WAS MALICIOUS AND INTENTIONAL FOR HER OWN PURPOSES WHILE NOT FOLLOWING THE CONDITIONS OF HER CONTRACT, THE CHARTER OR THE PERSONNEL MANUAL.  An Attorney will be able to handle this.)

 

3.7 CIVIC ACTIVITIES: The Manager is encouraged to participate in community and civic organizations and activities.  The  cost of such activities shall be borne by the  Town.

3.8  COMMUNICATIONS: The Town agrees to pay forty dollars and zero cents ($40.00) monthly towards a cell phone.  The Manager agrees to keep a functioning cell phone available for Town business.

I V  PROFESSIONAL GROWTH:

4.1 PROFESSIONAL DUES AND SUBSCRIPTIONS:   The Town agrees to reasonably budget for and to pay for professional dues and subscriptions of the Manager, necessary for continuation and full participation in national,  state, regional and local associations and organizations as necessary and/or desirable for the good of the Town through the Manager’s continued professional participation, growth and advancement.

4.2  PROFESSIONAL DEVELOPMENT TRAVEL:  The Town agrees to reasonably budget for and to pay for travel and subsistence expense of the Manager for professional and official travel and meetings to adequately continue the professional development of the Manager and to pursue necessary official functions for the Town, including, but not limited to the Florida Municipal League , The Florida Town Management Association, to the International/City/County Management Association (ICMA) Annual Conference and such other national, regional, state and local governmental groups and committees in which the Manager is a member.  The intent of this provision is to reasonably provide for professional development to the extent of available funding.  The Manager will include annually in the budget for adoption, all anticipated professional development and related expenses to the best information possible.  The Council will allow the Manager to utilize the budgeted travel funds as herein described and will inform the Council of travel and use of funds prior to and subsequent to travel expenditures for Town business.  The Manager shall comply with all procedures and documentation requirements in accordance with Applicable Laws and Authorities.

4.3 PROFESSIONAL CONTINUING EDUCATION;  The Town also agrees to reasonably budget to the extent of available funding for and to pay for travel and subsistence expenses of Manager for short courses, institutes and seminars that are necessary and/or desirable for the good of the Town through the Manager’s professional development.

V PERFORMANCE EVALUATION

5.1 EVALUATION PROCESS:  The Council shall review the Manager’s job performance annually upon the anniversary of the original document date unless the parties agree otherwise.  The Council shall provide the Manager a reasonable and adequate opportunity to discuss with the Council and/or respond to the Manager’s evaluation.

 

VI SEPARATION  /   TERMINATION

6.1 SEPARATION AND TERMINATION EVENTS>  This agreement shall separate or terminate the employment relationship upon any of the following:

  1. Resignation by Manager, in writing, with thirty (30) days advanced notice of the effective date and signed by the Manager; or
  2. Retirement of the Managerwith thirty (30) days advance notice of the effective date and signed by the Manager ; or
  3. Death of the Manager

Upon the occurrence of any of the events listed within Section 6,1, above, the Town shall pay to the Town Manager any accrued benefits of vacation and sick leave as defined by and in accordance with the standard employees’ rules and regulations.’

6.2 UNILATERAL SEVERANCE.  The Council may end the employment relationship and terminate this Agreement, at the pleasure of the Council.  If the Council determines that it desires a Unilateral Severance, it shall require a 4 to 1 vote, for termination, by the Council.  The Town shall provide written notice to the Manager at least thirty (30) days in advance of the effective date of such termination.  Upon a Unilateral Severance, the Manager shall be entitled to thirteen (13) weeks of severance pay from the Town.

 

V I I   GENERAL PROVISIONS:

7.1 COMPLETE AGREEMENT.  This Agreement sets forth and establishes the understanding of the Town and the Manager relating to the employment of the Manager by the Town.

7.2 BINDING EFFECT.  This agreement shall be binding on the Town and the Manager as well as their heirs, assigns, executors, personal representatives and successors in interest.  Any modifications to this agreement shall be accomplished in writing and affixed to the most recent agreement.

7.3 SEVERABILITY CLAUSE.  If any term or provision of this Agreement, as applied to any party or to any circumstance, is declared by a court of competent jurisdiction hereof to be illegal, unenforceable or void in any situation and in any jurisdiction, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending provision in any other situation or in any other jurisdiction.  The parties agree that the court or arbitrator making such determination shall have the power to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases or to replace any illegal unenforceable or void term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision.

7.4  CONFLICTS.  In the event of any conflict between the terms, conditions and provisions of this agreement and the applicable laws and authorities, then, unless otherwise prohibited by law, the terms of this agreement shall take precedence over the contrary provisions of the applicable laws and authorities during the term of this Agreement.

7.5  CONTROLLING LAW.  This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Floridaand shall be performable in Hamilton County Florida, unless otherwise provided by law.

 

 

ADDITIONAL COMPLAINT REGARDING STACY TEBO

Helen Miller hired Mark Herron of Tallahassee FL to represent her at her upcoming hearing to save her seat on the council AFTER Stacy Tebo indicated she was a rogue council member.   Because of this, Rhett Bullard apprised the council that the Town had to pay for an attorney to defend Stacy Tebo.  Not only did Counselor Walter McKenzie object but Town Attorney Frederick L. Koberlein objected, citing that such a thing has never been done (i.e. paying for staff’s attorney to sue a councilor). It is outside of the Town’s insurance due to it being a willful and actually a malicious act.

 

Rhett Bullard, however, was determined and started her defense budget at $7,500.  He also said that Stacy could choose her own attorney from those she would be contacting.  The remaining councilors, Tonja Brown and Willie Jefferson made and seconded the motion respectively in spite of our Town Attorney’s objections.

 

At the next meeting, Stacy Tebo advised that she had chosen an acquaintance of hers, Mr. Darren Elkind, esquire to assist her.  Mr. Elkind had worked with her in Sanford and although he charged far more than our Town Attorney, Frederick Koberlein (who could and would not represent her), Mr. Elkind had litigation experience.

 

This litigation expense of Mr. Elkind cost the Town $19,876 to protect Ms. Tebo who did not have the right to attack an elected council member.  It should have been reported to the IRS because it was a bonus that should not have been paid and Ms. Tebo should have paid taxes on either the $19,876 under a 1099 or at least she should have been responsible for the amount over the $7,500 the council voted for.  In other words Ms. Tebo should have paid $12,376 back to the Town of White Springs because it was not approved or received a 1099 for the full $19,876 over her $55,000 salary.

 

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