FAQ

The COJB was investigated by the Department of Labor due to a complaint by a former employee who was also a former VLSC member. The Department of Labor investigation discovered too many similarities between the COJB and VLSC noting that joint training, shared personnel, and especially shared leadership created a violation of FLSA. The result of this investigation was the COJB unilaterally entering voluntary compliance by back paying all COJB Ocean Rescue employees for two years that volunteered with the VLSC. In addition, the COJB decided to remove the VLSC from guarding the beach on Sundays and Holidays without consulting the VLSC on alternatives or considering the damages to the VLSC and its members. This action by the COJB created mistrust in a longstanding relationship and created a chaotic environment for all personnel volunteering/working at the American Red Cross Life Saving Corps Station.

The VLSC expended its own funds to hire their own Labor Attorney to analyze the investigation and work with the COJB to reestablish a working relationship. The VLSC’s Attorney submitted a legal summary that states if COJB employees do not also volunteer with the VLSC then all FLSA violations would be resolved. This policy has been added to current VLSC Policies and shared with the COJB. In addition, the COJB drafted an operating agreement and the VLSC reviewed the agreement then submitted suggested revisions. This agreement was terminated after the first iteration due to an accusation by a COJB Ocean Rescue staff member alleging harassment by VLSC volunteers. These accusations were never investigated, nor discussed with the VLSC prior to COJB illegally changing the locks on the American Red Cross’s property.

After the accusations were made the City Manager changed the locks on the American Red Cross Volunteer Life Saving Corps building therefore locking out all volunteers from a facility it did not own, build, or maintain. Peaceful compliance with the lockout was agreed upon internally by the VLSC to help facilitate resolution to the issue. Consequently, the COJB physically shut out the volunteers and ended all discussions related to VLSC sustainability and stewardship of the Station. The VLSC’s only option was to immediately file a lawsuit against the COJB for breach of contract and damages accrued to defend the organization from the COJB actions.

Since the suit was filed the VLSC has consistently asked the COJB for mediation or to return to discussions to resolve differences. The COJB has refused mediation or further discussions with the VLSC.  In addition, the VLSC has attended City Council meetings in mass to demonstrate the support from the citizens for this charitable life saving service.

• Other options besides continuing an extensive and expensive lawsuit was to initiate a citizen led referendum to force the COJB to negotiate with the VLSC for its continued existence and to secure long-term stewardship of the Station. The referendum petitions were signed by 19% of the Jacksonville Beach registered voters in just 17 days, then the petitions were submitted to the Supervisor of Elections for certification. The petitions were certified and the COJB Council refused to place the referendum on the ballot therefore challenging it in Court.  The referendum lost Judge Katie Dearing’s review because the language was unintentionally misleading between the ballot summary and language, the petition contained a critical typo and the real estate verbiage in the petition complicated the intent.
• A lot was learned by everyone on the first referendum but the VLSC persevered by hiring well known, government affairs specialists, Gray Robinson Attorneys to shepperd our newest referendum that is targeted for the March 2023 election.
• The VLSC has also filed an Emergency Injunction with the courts to immediately restore the organization’s presence in the Station and to resume our mission critical tasks in order to keep the organization as stable as possible until this issue is resolved.

• As we all know, the VLSC reached out for coordination with the COJB several times on the first referendum but the meetings were short and unproductive. This coordination was intended to allow the attorneys to discuss the referendum process and answer any questions. The effort to communicate between attorneys failed horribly and it left the VLSC questioning the intent of the COJB which later became apparent in court.
• With the newest referendum we expect the same resistance even though the referendum language is more balanced and focused.  We remain hopeful for meaningful communication with the City.

The VLSC is a 110-year-old organization that is the only one of its kind in the United States. The organization’s purpose is charitable in nature and it serves our youth in teaching them how to save lives in the ocean. This also provides our youth with confidence and poise when faced with trials later in life.  This COJB is unique in using the public-private partnership to safeguard its most valuable asset, the beachfront, from tragic loss of life. The citizens of Jacksonville Beach should be alarmed that our government officials would dismiss this great service and dismiss the millions of dollars this service has saved the city over the last century.