Tonja Brown and John Rhett Bullard can read the charter until they are blue in the face but the Charter is not the only law which the officials must abide by. There are statutes which apply in not only the Florida Constitution but in the U.S. Constitution. That is why real attorneys are required to dig through the actual facets of the law and for a jury and judge to come to some conclusion.
Lets look at the Florida Trust General Liability policy. It covers An event or accident including continuous or repeated exposure to conditions which result in Bodily Injury, Property Damage, Personal Injury or Advertising Injury and not arising from any form of intentional misconduct. From the statements made by the three councilors and our Town Manager which not only were intentional but false, it would appear there would be no coverage for the Town under the General Liability Policy through the Florida Municipal Insurance Trust pool (FMIT).
The definition of designated member under the Florida Municipal Insurance pool means the entity, organization or constitutional officer of the Declarations of this agreement; Designated member does not mean employees of agents of that entity or organization. Therefore the reason we had to secure Attorney Elkind to provide defense for the Town Manager if by reason that she, Stacy Tebo would not have coverage under the General Liability policy of the Florida Municipal Trust policy because she is not a designated member; thus Frederick Koberlein, esq. statement that the Town (its citizens) should not pay for our Town Manager’s attorney’s fees of $7,500;. It does not make sense for an employee to sue a designated member of the Town AND IT IS NOT DONE BY ANY OTHER ENTITY.
What happens next when Dr. Helen Miller sues the town in circuit court? We know the law is on her side. Not only will the three clowns spend money for legal expense for Stacy Tebo again, but there will be no cap as to the amount spent.
Furthermore, the Town cannot be represented by the Florida League of Cities’ Florida Municipal Insurance Trust. It excludes any claim, demand or action seeking injunctive, declaratory, writ of mandamus or any other non-monetary relief against a designated member or any of its agents; The FMIT has NO DUTY TO DEFEND a member in any action which on its face alleges facts excluded or not covered by the agreement.
The Three clowns, McKenzie and Stacy Tebo have never followed the law and certainly it was not followed in Dr. Miller’s case. So Tanja you better keep reading because the FMIT also includes this exclusion. willful violation of any federal, state, or local law, ordinance or regulation committed by or with the knowledge or consent of any member or violation of public trust.
The policy covers an occurrence which results in Bodily Injury, Property Damage, Personal Injury or Advertising Injury and not arising from any form of intentional misconduct. This entire situation with Dr. Miller has shown continual and intentional misconduct on the part of Tebo and the clowns.
For the unfounded damages incurred by Dr. Helen Miller who serves on various boards of the Florida League successfully and who has received awards for her work, a Judge after looking at the fictitious reasons for removing Dr. Miller will probably request “Punitive Damages” be paid.
Yes Tonja, that is another word for punishment, but this time it will be against the Town and not against Helen Miller. We no longer can be embarrassed by the actions of our council and town manager because the Town has never followed the law but to go forward with these false accusations trying to cite malfeasance is beyond the pale. Further stated in the General Liability policy is that “The Member agrees the coverage of the Trust does not apply to punitive or exemplary damage”
So there you have it, the Town will have to provide defense for Tebo at its own cost because she is in no way covered under the FMIT. If the judge considers punitive damages, that will be an additional cost not covered by FMIT and then the Town will have to pay for Miller’s attorneys’ costs, court and expense. Yet Miller per FMIT will be partially reimbursed because she is a designated member and was at the time of this fiasco.
Also excluded are fines, punitive or exemplary damages or any non-compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti-discrimination or racketeer influence and control organization (RICCO) laws;
The way I see it is that Tonja better be a quick study….and that may be impossible —- of the charter because in order to understand her ignorance in the Dr. Miller case she will have to read statutes relating to disruption of Town Business, other statutes, and civil law, specifically contractual law (since no one reads contracts before they are signed). Tonja certainly did not understand what malfeasance meant. Dr. Miller did nothing illegal and did everything in accordance with the Charter provisions..
And while she is at it, a study of the Sunshine Laws would be appropriate since everything Joe Griffin has complained about for 17 years includes a law despite the thousands of dollars paid to the Town in which attorneys favored the Town by dismissing the case. Joe felt a judge would listen but alas, there was nary a chance.
This goes for Rhett Bullard who as an attorney, only chooses the laws he wishes to abide by. He has stated that Joe Griffin only wants attention; yet it is the law Joe has wished followed.
It would not hurt for Walter McKenzie to understand the laws either because for 17 years he has done nothing but condemn those who wished the law followed. He specifically has condemned so called language of Joe; yet one gets frustrated with the council’s inability to understand anything. The only councilor that understood the law was Dr. Miller so now this town will have a field day. There is no hope for Willie Jefferson; although he should understand criminal law, the only things he has done has been for self. He cares about no one else unless he benefits which I am beginning to believe fits the bill for all four councilors, Tebo and Tomlinson as well.
It is disgusting that one has to fight this hard to end corruption and hopefully, the suit by Dr. Miller will put an end to all of this ignorance and malicious fabricated bullshit against anyone the officials has a problem with. After all, Rhett Bullard once said “You want us to admit we did not follow the law?” Yup, that’s it buddy.
Karin for the blog