After last night’s meeting on our way out the door, Spencer Lofton came up to me and said “You’ve got some pretty good ideas but your presentation need to be worked on.”
That’s exactly like saying if I weren’t white I’d be listened to. Or if I was green I’d be listened to.
What’s funny about his comment is it is exactly the same comment that Marv Ray, Town Manager 17 1/2 years ago. It is the same comment made by Townsend, Mr. Dunn, Robert Farley, Bill Lawrence and Shirley Heath and now Stacy Tebo. 17 years worth of good ideas ignored because someone, all the above and now Spencer Lofton, doesn’t like the messenger and ignores the message. As a public officer their jobs were to take the best ideas and see if they were applicable to the present situation. But no, what we got was 17 years of I don’t like the messenger because he is rough or gruff or he’s white or some other reason. Pure Racism. I am the enemy of the town, per Lofton and all of the others plus each and every Council Person who has served in the last 17 years.
Let’s take an example shall we. 17 years ago I suggested, even demanded that the town enforce its zoning code just like it says in Florida Statute 163.3202. For 17 years the town has refused to enforce its zoning code which makes the 200 plus pages of the document a lie and puts the $7500 that we spent on the thing down the crapper.
There have been many many more good ideas that have not been acted upon such as Public Records turnover in the time it takes to produce the documents. Tons of good ideas which have been ignored simply because, as Lofton said last night, my presentation need work.
I have a good idea today which is to not spend another $50,000 on defending the Helen Miller lawsuit and to not hire an attorney out of the Sunshine, that is without council approval. Both good ideas but ignored because my “Presentation” need work. When did doing things by the law need work. Only in White Springs and only because now we have Rhett, Tonja, Willie and Spence Lofton saying my presentation needs work.
To that I say BULLCRAP. Follow the law, just like MLK, Jr. suggested. But he didn’t get anywhere until he got vocal. Spencer Lofton is a RACIST. Shoot the messenger and to hell with the message.
Gasless Generator Could Save Lives
A tragedy has occurred in Michigan. A family of six became the latest victims to an epidemic sweeping across America.
No, it’s not a viral outbreak, murderous crime spree, or even a natural disaster…
This poor family thought they were just restoring the electricity in their home after a minor power outage. They went to church, came home, and went to sleep…
Like many Americans wishing to maintain power when the lights go out, this family purchased a gas generator and placed it in their basement.
Little did they realize that when they flipped the switch of their generator to the “on” position, they were also snuffing out their own lives.
Gasoline powered generators can provide some electricity, but they also give off deadly carbon monoxide gas, which is odorless, tasteless and can kill any living thing in its path in just minutes.
This tragic family was just one horrible statistic. 430 deaths a year are caused by carbon monoxide poisoning, according to the CDC.
And yet, it doesn’t have to be this way. We can prevent any more families from suffering the same fate.
Now, there’s a revolutionary new device that can power your home without any gas, fumes, or noise and without risk of carbon monoxide poisoning. And never woke up.
I was thinking about a solar generator because the noise and fumes from my gas generator was getting on my nerves, then I got the email from 4Patriots. What sold me was the fact that I could charge and discharge this generator once a day every day for more than five years. The warranty- who in the world gives a warranty like that? No one else. The compactness, weight and all those features, outstanding! And finally, the portability factor even including the solar panels. Now I have used the system to run most of my hand tools, a small refrigerator, a desktop computer, a laptop and cell phones and had no problems with over or under power / load. The best part is that most of the tests I did at night and inside. Very quiet. Hooking up the solar panels was a breeze and the unit began charging with no problems. This unit is well worth the money, a great piece of gear to have and an awesome warranty to go with it. I very highly recommend the Patriot Generator 1500.
Of course your probably could not leave it outside in White Springs or it would disappear.
Karin for the blog
n. Latin for “friend of the court,” a party or an organization interested in an issue which files a brief or participates in the argument in a case in which that party or organization is not one of the litigants. For example, the American Civil Liberties Union often files briefs on behalf of a party who contends his constitutional rights have been violated, even though the claimant has his own attorney. Friends of the Earth or the Sierra Club may file a supporting amicus curiae brief in an environmental action in which they are not actually parties. Usually the court must give permission for the brief to be filed and arguments may only be made with the agreement of the party the amicus curiae is supporting, and that argument comes out of the time allowed for that party’s presentation to the court.
In this case I have something to say about how the Town hired an attorney, a Mr. Elkind, out of the Sunshine. He just took over the case, I assume on Stacy Tebo’s or Rhett Bullard’s word. Such an activity is illegal I believe as the Council must, if the Sunshine Law is to be obeyed, hire an attorney in the Sunshine. I don’t believe that you can “roll over” an attorney if the parties are different.
I know it is long but I thought you might be interested in my Amicus Curie brief in the Helen Miller case.
MOTION TO JOIN THE ABOVE STYLED ACTION AS A
FRIEND OF THE COURT
NOW COMES PLEADER Joe E, Griffin, hereafter known as Griffin, seeking leave of this honorable court to join legal action 2017-CA-000095 as a Friend of the Court and says in support of said motion that Respondent Town of White Springs has violated Florida State Statute 286.011 in hiring an attorney, not as a staff attorney, Mr. Darren Elkind, to represent the town in this present defense.
- Griffin is a citizen of the Town of White Springs and has a vested interest in the Municipality following the law and curtailing unnecessary town expenses.
- Florida Statute 286.011 and its corresponding Constitutional Section, Part One Section 24 (a), require that all decisions of a public board be made in the Sunshine (barring an exemption).
- The SUPPOSED hiring of Mr. Elkind to represent Respondent was done without Town Council approval in the sunshine.
- Mr. Elkind has NO contract to represent Respondent in this matter nor is he a staff attorney for Respondent. He hasn’t notified the court of his appearance.
- Mr. Elkind has no authority, even by verbal vote, to represent the Town of White Springs in this matter. Nor has he ever sought such authority of representation from Respondent by contacting/speaking to individual members of the public board.
- The prior time that Mr. Elkind was employed to represent any officer of White Springs, Respondent, was in a quasi-judicial action in front of the Town Council of Respondent. That action was styled Tebo vs. Helen Miller, Petitioner in this action, the appeal of which brings forth the present suit to this honorable court.
- Ms. Tebo is NOT a party to this action.
- Enclosure (1), 5 pages, is the only contract between Attorney Elkind and any officer of the town of White Springs.
- There is no contract for the town proper.
- Page 3 of Encl (1) highlights when Mr. Elkind’s contract with the staff of White Springs is terminated. Pages 4 and 5 highlight what he was retained to do. Notice that no mention of an appeal is made and with “other matters” are considered. NO formal action was taken or approved in the Sunshine into “other matters” by Respondent who was not a party to the action highlighted in pages 4 and 5 of Encl (1). Tebo, the Plaintiff in the first action which brought forth this second present action, is not a party to this action and cannot speak nor hire an attorney for Respondent in this action. As Town Manager she lacks the authority per the Town Charter to make such a decision for the Council, Respondent in this action
FA CT THREE
- NO signature of Respondent in this action is in Enclosure 1. Respondent in this action has never agreed to defend itself or hire a non-staff attorney to prosecute the defense. No minutes of Respondent exist to show that Mr. Elkind was hired to represent the town in this action.
- While not all decisions of a public board and its attorney staff need be approved by the board and thus not made in the Sunshine the decision to appeal must be made by the Staff attorney with private discussions with the individual members of the public board prior to launching the appeal. (Florida Parole and Probation Commission v. Thomas 364 So, 2d 380 (Fla. 1st DCA(1978))
- Two issues are important in Thomas.
- Elkind is not a staff attorney per his contract, attachment 1. and
- Elkind DID NOT seek approval from individual members of the council via any known contact either email or Telephone calls.
- Exemptions should be narrowly construed to affect their public purpose. Board of Public Instruction of Broward County v. Doran, 224 so. 2d 693 (Fla. 1969); Wood v. Marston, 442 so. 2d 934 (Fla. 1983). And see Turner v. Wainwright, 379 so. 2d 148, 155 (Fla. 1st DCA 1980), affirmed and remanded, 389 so. 2d 1181 (Fla. 1980)
- Action taken in violation of Florida Statute 286.011 OR ANY OF ITS EXEMPTIONS is void ab initio. Town of Palm Beach v. Gradison, 296 so. 2d 473 (Fla. 1974).
WHEREFORE, Griffin as Pleader in this Motion seeks to join the legal action, 2017-CA-000095 as a friend of the Court to bring to the Court’s attention this violation of a Florida Constitutional provision, Florida Statute and Florida Case Law. Griffin further requests that the waiver/exemption in Thomas be narrowly construed. Griffin requests that the contract between Ms. Tebo and Mr. Elkind be strictly followed for the benefit of the public. Petitioner further requests that the finding of the Supreme Court of the State of Florida in finding that all actions taken by Respondent, the Town of White Springs, in this matter without the conformity to the Thomas waiver/ exemption be declared void ab initio. Petitioner Griffin seeks no compensation for this action.
Joe E. Griffin, Pleader
WHITE SPRINGS — Members of the White Springs Town Council have been accused of threats and bribery, according to at least one town resident.
At the council’s Feb. 13 meeting, Nicole Williams addressed the council about intimidation from three of the council members and accusations made against her from those members.
“Instead I want to speak about the intimidation about those who wanted to sign the petition, but felt that they would be harassed by the members of the council this concerns,” Williams said about a recall petition circulating through town in regards to Mayor Rhett Bullard, Vice Mayor Tonja Brown and councilman Willie Jefferson.
Williams stated that she did not believe the threatening and bribery at first until she had a conversation with Bullard over the phone. She said he tried to bribe and threaten her. She said if the members of the council try to contact those who signed the petition they would be filing a lawsuit.
Bullard stated that he was trying to figure out a way to discuss the complaints with her that were being made. He did say the conversation got heated at points, but did not try to bribe her or intimidate her.
“I can say for a fact that I had nothing to do with any kind of bribery or intimidation of citizens,” Bullard said in phone call with the News.
Both Karin and Joe Griffin spoke about how there is injustice in White Springs and how it should be fixed.
Joe Griffin even brought a shovel for three of the members “to help with their digging a hole for themselves that they are already in.”
STAFF WRITER ALEXIS SPOEHR
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going ahead with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided. If the case is decided against the party that has been enjoined, then the injunction will usually be made permanent. If the case is decided in favor of the party that has been enjoined, the injunction will usually be dissolved or dismissed.
- That there is a substantial likelihood of success on the merits of the case,
- That they face a substantial threat of irreparable damage or injury if the injunction is not granted,
- The threat is immediate,
- That the balance of harms weighs in favor of the party seeking the preliminary injunction,
- There is no other available remedy,
- That the grant of an injunction would serve the public interest.
The “balance of harms” refers to the threatened injury to the party seeking the preliminary injunction as compared to the harm that the other party may suffer from the injunction.
“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.”
HELEN’S ATTORNEY DID THIS FOR HELEN’S CASE. TO TAKE BACK OUR TOWN WE’VE GOT TO HAVE THE GUMPTION TO STAND UP AGAINST EVIL AND GET THE SAME THING AGAINST THE TOWN. I DON’T THINK IT WOULD BE HARD BUT IT WOULD TAKE SOME MONEY. OTHERWISE WE’RE ALL DOOMED TO LIVE IN A LAWLESS TOWN FOR EVER AND EVER.
NO GUTS NO GLORY NO AIR MEDAL. I’VE BEEN FIGHTING THE TOWN FOR 17 AND 3/4 YEARS AND JUST RECENTLY I HAVE SOME OTHERS AWAKEN TO THE TRUTH. HOW LONG HAS THE CIVIL RIGHTS MOVEMENT BEEN SEEKING JUSTICE? LONGER THAN 18 YEARS. THE TRUTH AND HONOR AND JUSTICE WILL PREVAIL, I PROMISE YOU.