Professional Documents
Culture Documents
LYNNE HUBBARD,
TERENCE DAVIS,
v.
Defendants.
__________________________________________/
was a Commissioner for the City of Riviera Beach. PARDO is an interested party in this
litigation. She is not accused of any wrongdoing herein, faces no liability, and is invited to
join the Plaintiffs or alert the Court that she relinquishes any interest in this litigation.
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6. Defendant JONATHAN EVANS, is a resident of PINELLAS COUNTY, Florida.
7. This action seeks equitable remedies, therefore the Circuit Court has jurisdiction.
8. All conditions precedent to the bringing of this action have been satisfied, performed,
or waived.
10. His career was short lived as the City fired Evans in September of 2017 for
misfeasance.
11. Plaintiffs and Pardo were City Commissioners when the City fired Evans.
12. Evans then filed a federal lawsuit in the Southern District of Florida (Case No.: 9:18-
cv-80687-Rosenberg/Reinhart: the “Federal Case”) against the City, Plaintiffs, and Dawn Pardo
13. Evans agreed to dismiss the Federal Case in exchange for $190,000.
14. Evans also agreed that he would not seek employment with the City at any time.
15. Evans also agreed that he would not apply for any position with the City.
16. Evans also agreed that he would not accept any position offered by the City.
17. In exchange for the aforementioned promises by Evans, the City, Plaintiffs and Pardo
gave up their ability to vindicate their rights in the Federal Case as part of the agreement.
18. Plaintiffs and Pardo agreed to relinquish their rights to vindication in the Federal Case
19. A true and correct copy of the Settlement Agreement and Resolution 74-18 ratifying
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20. Exhibit 1 is also available on the City’s website under the documents related to the
21. In the Federal Case, the City, the Plaintiffs, and Pardo were represented by Torcivia,
22. In the Federal Case, Defense Counsel represented Pardo and Plaintiffs in their
24. Defense Counsel filed a Notice of Settlement on behalf of all Defendants in all
capacities.
25. A true and correct copy of that Notice of Settlement filing is attached hereto as
Exhibit 2.
27. The Settlement Agreement was perfected in late August, 2018, when Defense
28. A true and correct copy of that filing is attached hereto as Exhibit 3.
30. Defense Counsel filed the Joint Stipulation of Dismissal for Pardo and the Plaintiffs
33. The Settlement Agreement was binding upon Pardo and the Plaintiffs in their official
capacities.
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34. The Settlement Agreement was binding upon Pardo and the Plaintiffs in their
individual capacities.
35. In 2019, the City advertised that it was seeking a new City Manager.
36. In 2019, the City advertised that it would be accepting applications for a new City
Manager.
37. However, on April 10, 2019, the City reversed course when it decided to waive
38. Paragraph H of the Settlement Agreement prohibits Evans from seeking or obtaining
40. A true and correct copy of the letter sent to the City in protest of the April 10, 2019
41. City Attorney Dawn Wynn warned the City that Evans could be judicially restrained
from taking office if the City hired Evans for any position.
42. Attorney Torcivia, Plaintiffs’ former lawyer and one of the Defense Counsel,
counseled the City that Plaintiffs’ had no rights under the Settlement Agreement.
43. Attorney Torcivia’s advice was materially adverse to Plaintiffs and Pardo’s interests
because Torcivia’s law firm represented Plaintiffs and Pardo in their individual capacity in
securing their rights under the Settlement Agreement yet has counseled the City to ignore the
44. Plaintiffs did consent to any of the Defense Counsel taking such an adverse position.
45. On April 17, 2019, the City decided that it would entertain contract negotiations with
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46. Plaintiff Hubbard again protested the City’s conduct.
47. A true and correct copy of the letter sent to the City in protest of the April 17, 2019
48. On April 23, 2019, the City gave notice that it would hold two public meetings, the
first on April 24, 2019, to discuss the initial contract negotiations with Evans and the second on
49. The notice to entertain final contract negotiations was published even though the City
had not publicly entertained initial negotiations as required under §286.011, Fla. Stat. and the
Florida Constitution.
50. At the last minute, the City changed its mind about holding final contract negotiations
51. Instead, the City attempted to hold a public meeting where the City would publicly
discuss filling the City Manager position through a public application process.
52. On April 26, 2019, the City also considered terminating all negotiations with Evans.
53. Three City Commissioners voted against merely discussing whether the City should
54. Hubbard again protested that the City should not move forward with Evans.
55. A true and correct copy of Hubbard’s letter to the City on April 26, 2019 is attached
hereto as Exhibit 6.
56. On May 8, 2019, those same three City Commissioners voted to finalize contractual
demands made by Mr. Evans for the City Manager position, even though two City
Commissioners protested.
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57. On May 8, 2019, the City decided to offer Mr. Evans the position of City Manager
and offered salary and benefits that were in excess of $350,000 per year.
58. A true and correct copy of the City’s offer is attached hereto as Exhibit 7.
59. The City determined that Evans would not be required to return the $190,000 he
Count I - Injunction
61. Plaintiffs reallege and reincorporate allegations 1-60 as if fully stated herein.
63. Plaintiffs have no adequate remedy at law other than a Court Order permanently
enjoying the City and Evans from engaging in any employment relationship.
64. Plaintiffs have a substantial likelihood of success since Evans’ promise not to seek or
65. The public interest will be served because the City has neglected to open the position
up to the public and conduct a thorough search for the position of City Manager.
66. The City has deprived the public of a thorough investigation and public consideration
67. Plaintiffs will suffer irreparable harm as there is no monetary compensation for Evans
breach.
68. Plaintiffs also have a well-founded fear that Evans will retaliate against them for their
69. The equities are such that Evans cannot be seated as City Manager.
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WHEREFORE, Plaintiffs request that this Court:
(a) Enter a judgment ordering that Defendants City and Evans cease from engaging in
(b) Enter a judgement enjoying Defendants City and Evans from engaging in any
employment relationship.
(c) Grant an Order and any further relief that this Court should deem just and proper
70. Plaintiffs reallege and reincorporate allegations 1-60 as if fully stated herein.
71. Plaintiffs have alleged a bona fide, actual, present and practical need to for the Court
to declare that the City cannot hire Evans without their consent and without Pardo’s consent.
72. The facts are not subject to dispute as they are all matters of public record and can be
judicially noticed.
73. Plaintiffs have a need to understand their rights under the Settlement Agreement.
74. The City and Evans are antagonistic to Plaintiffs’ asserted rights under the Settlement
Agreement.
76. Plaintiffs are not merely seeking an advisory opinion out of curiosity.
(d) Declare that Evans may not lawfully accept the position of City Manager under
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(e) Enter a judgement enjoying Defendants City and Evans from engaging in any
employment relationship.
(c) Grant an Order and any further relief that this Court should deem just and proper
77. Plaintiffs reallege and reincorporate allegations 1-60 as if fully stated herein.
78. Plaintiffs have given a benefit to Evans by allowing him to voluntarily dismiss the
81. In exchange for that benefit, Evans promised not to seek or obtain employment with
82. The circumstances are such that equity demands estop Evans from seeking or
(f) Declare that Evans may not lawfully accept the position of City Manager under
(g) Enter a judgement enjoying Defendants City and Evans from engaging in any
employment relationship.
(c) Grant an Order and any further relief that this Court should deem just and proper
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Dated: May 10, 2019 Respectfully Submitted,
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Case 9:18-cv-80687-RLR Document 21 Entered on FLSD Docket 08/02/2018 Page 1 of 2
JONATHAN EVANS,
Plaintiff,
Defendants.
_______________________________________/
LYNNE HUBBARD (“Ms. Hubbard”), in her individual and official capacity, DAWN PARDO
(“Ms. Pardo”), in her individual and official capacity, the CITY OF RIVIERA BEACH (the
“City”) (together, referred to as the “Defendants”), and Plaintiff JONATHAN EVANS hereby file
this Joint Notice of Settlement of the above-captioned action. This case has been settled between
the parties. Plaintiff’s counsel will subsequently file a Stipulation for Voluntary Dismissal with
Prejudice.
Barbara D. Bonar
Pending Pro Hac Vice Admission
Law Offices of Bonar, Buchner, & Rankin, PSC
311 Decoursey Ave.
Covington, KY 41015
Phone: (859) 431-3333
Facsimilie: (859) 431-3900
Email: bdbonar@lawatbdb.com
CERTIFICATE OF SERVICE
I hereby certify that on August 2, 2018, I electronically filed the foregoing document with
the Clerk of the Court using CM/ECF, which sends notification and a copy of the foregoing to:
Luis A. Cabassa
Email: lcabassa@wfclaw.com
Email: twells@wfclaw.com
Wenzel Fenton Cabassa, P.A.
1110 N. Florida Avenue, Suite 300
Tampa, FL 33602
I also certify that a true and correct copy of the foregoing was served via email on August 2, 2018
Barbara D. Bonar
Email: bdbonar@lawatbdb.com
Law Offices of Bonar, Bucher & Rankin, PSC
3611 Decoursey Ave.
Covington, KY 41015
2
Case 9:18-cv-80687-RLR Document 23 Entered on FLSD Docket 08/27/2018 Page 1 of 2
JONATHAN EVANS,
Plaintiff,
Defendant.
___________________________________/
individual and official capacity, LYNNE HUBBARD, in her individual and official
capacity, DAWN PARDO, in her individual and official capacity, and City Of Riviera
hereby stipulate to the dismissal of this matter with prejudice in accordance with Federal
Rule of Civil Procedure 41(a), with each party to bear their own attorneys’ fees and costs.
Torcivia, Donlon, Goddeau & Ansay, P.A. Wenzel Fenton Cabassa, P.A.
Northpoint Corporate Center 1110 North Florida Avenue
701 Northpoint Parkway, Suite 209 Suite 300
West Palm Beach, FL 33407 Tampa, Florida 33602
Telephone: (561) 686-8700 Telephone: 813-224-0431
Facsimile: (561) 686-8764 Facsimile: 813-229-8712
Undersigned represent Lynn Hubbard. It has come to our attention that the City is
contemplating hiring Mr. Evans (the “Parties”). The Parties, along with Com. Hubbard,
executed a settlement agreement in exchange for the dismissal of Mr. Evan’s case against
the City, Com. Hubbard, and others in U.S. District Court for the Southern District of
Florida Case No.: 9:18-cv-80687-RLR. The Settlement Agreement is a public record and
was executed by Mr. Evans on July 30, 2018.
Com. Hubbard was a party to that Settlement Agreement. Under Paragraph H.: Mr.
Evans “hereby agrees that he will not seek employment with [the City] at any time in the
future. [Mr. Evans] further agrees that he will neither apply for any position with [the City]
nor will [Mr. Evans] accept any position offered to him by Employer.”
Com. Hubbard was sued individually by Mr. Evans and was gracious enough to
allow him to dismiss his claims against her under Federal Rule of Civil Procedure 41(a).
Com. Hubbard was not required to giver her assent to the dismissal under Federal Law and
could have chosen to vindicate her rights against Mr. Evan’s in the Federal Court.
As such, it is Com. Hubbard’s position that the City and Mr. Evans will be violating
their contractual obligations if Mr. Evans accepts employment with the City. Com.
Hubbard further cautions the City that inducing Mr. Evan’s to accept employment with the
City runs afoul of the covenant of good faith and fair dealings. Therefore, Com. Hubbard
places Mr. Evans and the City on Notice that the City and Mr. Evans will be in breach of
their obligations under the Settlement Agreement. Com. Hubbard gives further notice that
she may be forced to enforce the Settlement Agreement should Mr. Evans or the City
violate the Terms of the Settlement Agreement, particularly if she suffers any harm from
Mr. Evans employment at the City particularly since Mr. Evans will be in a position of
power and may act unfairly or with bias against Com. Hubbard for political or personal
reasons.
Therefore, Com. Hubbard petitions the City and Mr. Evans to refrain from engaging
in an employment relationship of any kind in order to uphold the promises exchanged in the
Settlement Agreement. Mr. Evans was already paid handsomely for his promises
($190,000). And it offends common decency to allow Mr. Evans to profit from breaking a
promises: it is dishonest.
1286 West Newport Center Drive 525 Route 73 North, Suite 104 1001 Broad Street
Deerfield Beach, FL 33442 Marlton, NJ 08053 Johnstown, PA 15906
Phone 754-212-4201 Phone 856-619-8558 Phone 814-535-5175
THE O’BOYLE LAW
FIRM
April 10, 2019
Page 2
Further, it is undersigned’s understanding that City Attorney Dawn Wynn advised
the City on April 3, 2019, that the Settlement Agreement may only be withdrawn with the
consent of all parties thereto. In my legal opinion, Dawn Wynn’s advice is correct.
Undersigned respectfully asks that this Petition for Redress of Grievances under the
First Amendment of the U.S. Constitution be entered into the Public Record of the City of
Riviera Beach on behalf of Com. Hubbard and serve as a notice to all so interested.
Sincerely,
1286 West Newport Center Drive 525 Route 73 North, Suite 104 1001 Broad Street
Deerfield Beach, FL 33442 Marlton, NJ 08053 Johnstown, PA 15906
Phone 954-570-3533 Phone 856-619-8558 Phone 561-758-1223
Jonathan R. O’Boyle
Admitted FL, PA, NJ April 17, 2019
Email:
joboyle@oboylelawfirm.com
Re: “Resolution to memorialize the action taken by the City Counsel on April 10, 2019,
Amending the Settlement Agreement and General Release in the case Jonathan Evans V.
City of Riviera Beach”
I represent Lynn Hubbard. It has come to our attention that the City has taken
affirmative steps to hire Mr. Jonathan Evans back as City Manager.
As I stated in my April 10, 2019 Letter, Com. Hubbard was a party to a Settlement
Agreement (represented by Glenn Torcivia in U.S. District Court for the Southern District
of Florida Case No.: 9:18-cv-80687-RLR) where she gave up her right to vindicate her
position in exchange, in part, for Mr. Evan’s promise to “not seek employment with [the
City] at any time in the future. [Mr. Evans] further agrees that he will neither apply for any
position with [the City] nor will [Mr. Evans] accept any position offered to him by [the
City].”
I understand that the City has sought to change the Settlement Agreement so that
Mr. Evans can both (1) keep the $190,000 paid to him and (2) obtain future benefits from
employment with the City in spite of Com. Hubbard’s release of holding Mr. Evan’s to his
claims in federal court.
I write to put Mr. Evans and the City on notice that a potential legal action is
contemplated. The action will seek to enforce Mr. Evan’s promise to not seek employment
with the City and to enjoin both Mr. Evan’s and the City from violating the settlement
agreement. Com. Hubbard may be joined by other parties to the agreement.
I urge the City and Mr. Evan’s to refrain from taking action that violates the
Settlement Agreement and the covenant of good faith and fair dealings. There is still time
to abandoned this course of conduct and prevent litigation. But should the City and Mr.
Evans proceed to breach the Settlement Agreement, I ask that the City delay employment of
Mr. Evan’s for 90 days in order to afford time for a Court challenge. This will prevent any
unnecessary harm to the Citizens of Riviera Beach by preventing the seating of an officer
who is not legally allowed to hold that position.
Undersigned respectfully asks that this Petition for Redress of Grievances under the
First Amendment of the U.S. Constitution be entered into the Public Record of the City of
Riviera Beach on behalf of Com. Hubbard and serve as a notice to all so interested.
1286 West Newport Center Drive 525 Route 73 North, Suite 104 1001 Broad Street
Deerfield Beach, FL 33442 Marlton, NJ 08053 Johnstown, PA 15906
Phone 754-212-4201 Phone 856-619-8558 Phone 814-535-5175
THE O’BOYLE LAW
FIRM
April 17, 2019 Respectfully,
Page 2
/S/ Jonathan R. O’Boyle, Esq.
The O’Boyle Law Firm
1286 West Newport Center Drive 525 Route 73 North, Suite 104 1001 Broad Street
Deerfield Beach, FL 33442 Marlton, NJ 08053 Johnstown, PA 15906
Phone 954-570-3533 Phone 856-619-8558 Phone 561-758-1223
Jonathan R. O’Boyle
Admitted FL, PA, NJ April 26, 2019
Email:
joboyle@oboylelawfirm.com
Re: “Seeking a competitive Solicitation for City Manager, Special Meeting 4.26.19 – City
of Riviera Beach, Florida”
I write to inform the City and Mr. Evan’s that Com. Hubbard was delighted to hear
the City is entertaining competitive selection for City Manager.
As I have written on April 10, 2019, and April 17, 2019, Com. Hubbard still
maintains her right to enforce the Settlement Agreement achieved in Southern District of
Florida Case No.: 9:18-cv-80687-RLR. In the Settlement Agreement, Mr. Evans promised
to “not seek employment with [the City] at any time in the future. [Mr. Evans] further
agrees that he will neither apply for any position with [the City] nor will [Mr. Evans] accept
any position offered to him by [the City].”
I understand that the City has manifested an intent to waive its rights under that
portion of the Settlement Agreement. That is the City’s prerogative but Commissioner’s
Davis, Pardo, and Hubbard were also parties to that agreement and a modification of the
Settlement Agreement requires the assent of the aforementioned. The City does not have
that assent.
Therefore, I urge the City to reject any application filed by Mr. Evans should the
City put the position of City Manager out to bid. I have confidence that there are willing
and able people in Florida who will suit the position quite well besides Mr. Evans.
Especially since the City has considered paying Mr. Evans a very large sum in salary and
benefits to return to the City without repaying the $190,000.
Should the City accept a proposal submitted by Mr. Evans, Com. Hubbard may be
required to take legal action to enforce her position that Mr. Evans made a promise,
benefitted greatly from that promise, and should not be allowed to break that promise.
Com. Hubbard feels very strongly that the City would benefit greatly by entertaining and
selecting the appropriate candidate for this high office.
1286 West Newport Center Drive 525 Route 73 North, Suite 104 1001 Broad Street
Deerfield Beach, FL 33442 Marlton, NJ 08053 Johnstown, PA 15906
Phone 754-212-4201 Phone 856-619-8558 Phone 814-535-5175
THE O’BOYLE LAW Respectfully,
FIRM
April 26, 2019
Page 2 /S/ Jonathan R. O’Boyle, Esq.
The O’Boyle Law Firm
1286 West Newport Center Drive 525 Route 73 North, Suite 104 1001 Broad Street
Deerfield Beach, FL 33442 Marlton, NJ 08053 Johnstown, PA 15906
Phone 954-570-3533 Phone 856-619-8558 Phone 561-758-1223
SPECIAL CITY COUNCIL MEETING
AGENDA
CITY COUNCIL CHAMBERS
Special Meeting to Follow the CRA Board Meeting
RIVIERA BEACH, FL 33404
May 8, 2019
7:00 PM
NOTICE
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990,
PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN
THE PROCEEDINGS SHALL CONTACT THE OFFICE OF THE CITY MANAGER
AT 561-845-4010 NO LATER THAN 96 HOURS PRIOR TO THE PROCEEDINGS;
IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICES 1-800-
955-8771 (TDD) OR 1-800-955-8770 (VOICE) FOR ASSISTANCE.
MAYOR
RONNIE L. FELDER
CHAIRPERSON
CHAIR PRO-TEM
COUNCILPERSONS
ADMINISTRATION
INTERIM CITY MANAGER DEIRDRE JACOBS
PLEASE TAKE NOTICE AND BE ADVISED, that if any interested person desires to appeal
any decision made by the City Council with respect to any matter considered at this meeting, such
interested person, at own expense, will need a record of the proceedings, and for such purpose may
need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based, pursuant to F.S. 286.0105.
CALL TO ORDER
Roll Call
Invocation
Pledge of Allegiance
AGENDA Approval:
Public Comments shall begin at 7:30 PM unless there is no further business of the City
Council, which in that event, it shall begin sooner. In addition, if an item is being
considered at 7:30 PM, then comments from the public shall begin immediately after the
item has been concluded. Any person who would like to speak during public comments,
please fill out a public comment card located on the table directly outside of the council
chambers and give it to the staff before the public comments section is announced.
ITEMS TABLED
REGULAR
1. RESOLUTION NO.___________A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RIVIERA BEACH,
PALM BEACH COUNTY, FLORIDA, APPROVING THE
EMPLOYMENT AGREEMENT WITH JONATHAN EVANS
AS CITY MANAGER COMMENCING JULY 12, 2019;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
Recommendation/Motion:
Background/Summary:
At its meeting of April 17, 2019 at a Regular Council meeting, it was agreed to offer employment to Mr.
Jonathan Evans as City Mananger. At that meeting, it was also agreed that the City Attorney and
Councilchair would negotiate the terms and conditions of the Employment Agreement on behalf of the
City.
The City Council offered input on the compensatory and benefits terms and conditions of employment at
a Special Meeting held on April 24, 2019 and continued to do so at a Regular Meeting that was held on
May 1, 2019.
Fiscal Years
Capital Expenditures
Operating Costs
External Revenues
Program Income (city)
In-kind Match (city)
Net Fiscal Impact
NO. Additional FTE Positions
(cumulative)
ATTACHMENTS:
File Name Description Upload Date Type
5_06_19_RESOLUTION_CITY_MANAGER_(003).pdf Resolution 5/7/2019 Resolution
CITY MANAGER
Evans_Renewed_City_Manager_Contract.pdf AGREEMENT - 5/7/2019 Agreement
FINAL DOCUMENT
REVIEW ERS:
Department Reviewer Action Date
Finance sherman, randy Approved 5/7/2019 - 3:31 PM
Attorney Wynn, Dawn Approved 5/7/2019 - 3:45 PM
City Manager Jacobs, Deirdre Approved 5/7/2019 - 3:47 PM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA,
APPROVING THE EMPLOYMENT AGREEMENT WITH
JONATHAN EVANS AS CITY MANAGER COMMENCING
JULY 12, 2019; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on April 17, 2019 at the regular City Council meeting, the City Council
agreed to offer employment to Mr. Jonathan Evans as City Manager for the City of Riviera
Beach, Florida; and
WHEREAS, the City Council designated the City Attorney and City Council Chair
to negotiate a compensatory and benefits employment contract; and
WHEREAS, the City Council offered input and changes to the compensatory and
benefits employment contract at the Special City Council meeting held on April 24, 2019;
and
WHEREAS, the City Council continued to offer input and changes to the
compensatory and benefits employment contract at the Regular City Council meeting held
on May 1, 2019; and
SECTION 1. That the City Council hereby approves the Employment Agreement
with Jonathan Evans as City Manager for the City of Riviera Beach, commencing July 12,
2019.
SECTION 2. That the Mayor and City Clerk are authorized to execute the
Employment Agreement on behalf of the City, said Agreement is attached hereto and
made a part of this Resolution.
SECTION 3. That this Resolution shall take effect immediately upon its passage
and approval by the City Council.
APPROVED:
________________________________
KASHAMBA MILLER-ANDERSON
CHAIRPERSON
ATTEST:
_______________________________ ________________________________
CLAUDENE L. ANTHONY, JULIA A. BOTEL, Ed.D
CERTIFIED MUNICIPAL CLERK CHAIR PRO TEM
CITY CLERK
_____________________________
TRADRICK MCCOY
COUNCILPERSON
_______________________________
SHIRLEY D. LANIER
COUNCILPERSON
_______________________________
DOUGLAS A. LAWSON
COUNCILPERSON
K. MILLER-ANDERSON: ____
S. LANIER: ____
J. BOTEL: ____
D. LAWSON: ____