Mayor Brown,
I have received, through a public record request, a copy of what purports to be a preliminary resolution related to my removal as the Greenville Town Clerk. I am writing to file my formal objection to the Council's failure to follow the requirements of Section 4 (b)(5) of the Town Charter, as it relates to my proposed removal from office.
First, the Charter requires that I, as the Town Clerk, receive a copy of any preliminary resolution prior to the meeting where that resolution is voted on. See Town Ordinance 2020-255 at Section 4 (b)(5). As such, the fact that I first obtained a copy of the preliminary resolution after I made a request for a copy of that public record and after the matter was brought to a vote, is conclusive proof that the Council violated the terms of the Town Charter. The Charter plainly requires that any such resolution be provided to the Town Clerk and thereafter be set on the agenda for the next regularly scheduled meeting. As is obvious, the preliminary resolution related to my removal was not properly submitted or set on the agenda. Accordingly, the preliminary resolution is not valid, because I was not afforded notice and an opportunity to be heard, as contractually guaranteed to me in the Charter. If the Council does not take immediate steps to remedy these contractual violations, I will be forced to file suit to vindicate the violation of my procedural rights.
Second, the Council violated Town Ordinance 2020-255, by failing to provide notice and opportunity for the public to be heard. The failure to agenda the preliminary resolution prior to the scheduled meeting where it was called to vote, prevented public participation and is an additional violation of the procedural rights as outlined in the Town Charter. As you are aware, the preliminary resolution was published for the first time during the meeting where it was called to a vote, which eliminated any opportunity for public comment. This further renders the preliminary resolution moot, and you must take immediate action to correct this blatant violation of the Town's most important Ordinance, the Town Charter.
As such, please be advised that I will bring suit to enforce my contractual rights if the Council does not rescind the "preliminary resolution" and immediately reinstate me to my position as Town Clerk. The record makes clear that this action was initiated in retaliation for my having reported other violations of law and in retaliation for my refusal to engage in unlawful conduct. That protected conduct is well documented, and in addition to filing suit for the Town's violation of its own Ordinance, I will likewise bring suit for whistleblower retaliation. My suit for whistleblower retaliation will include this latest report of the Council's violation of law. As is outlined above, the failure to comply with the requirements of Ordinance 2020-255 is a violation of valid law, and it must be corrected. Moving forward with my termination, or with any other adverse employment action, will be challenged as additional retaliatory conduct by the Council.
It is regrettable that the Council persists in failing to follow the law and in failing to respect the lawful limitations of its power. I am asking that you take immediate steps to enforce Section 4 (b)(5) of the Town's Ordinance 2020-255, and to focus on serving the citizens of Greenville. Given that my termination is not final, you have the power and the duty to enforce to act immediately.