Weeks says Palm Coast 'interfering' by removing signs


Flagler County Elections Supervisor Kimberle Weeks. Courtesy photo.
Flagler County Elections Supervisor Kimberle Weeks. Courtesy photo.
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Flagler County Supervisor of Elections Kimberle Weeks has accused Palm Coast of interfering with her elections work by removing “voter only” signs on parking spots at the Palm Coast Community Center, according to emails between Weeks and the city forwarded by Weeks to the local press.

A reply email by Palm Coast City Manager Jim Landon to Weeks indicates that some of the signs removed were placed illegally on disabled parking spaces, and that the number of spaces at the community center with voter-only signs has far exceeded voter turnout and inconvenienced paying customers at the center.

“It has just been brought to my attention that the voter parking signs and cones have been laid down on their side and bridge players are parking in the marked parking are that has been marked off for voters to park,” Weeks wrote in a 1:07 p.m., Aug, 14 email to Palm Coast City Attorney Bill Reischmann and Flagler County Sheriff James L. Manfre.

The email continues: “This is being done when there are many other non marked parking spots available at the Palm Coast Community Center for non voters to park with ease. I would like this to be immediately addressed and the game playing to cease. If I must place an individual in the parking lot through the duration of early voting/election day to monitor the voter parking, the city will be billed for this expense. This latest tactic may or may not be the doings of city staff, but I find it hard to believe anyone would taken it upon themselves to tamper with voting signs/property without the city staff’s knowledge or consent.”

Landon’s 10:35 a.m. Aug. 15 reply indicates that some of the parking spaces in question were disabled parking spaces.

“…The handicap parking spaces at the Community Center are required by law,” he wrote. “They are to be available to ALL qualified drivers at ALL times. The regulatory signs designating the handicap parking spaces are required by law and enforceable by law. No other signs or other items are to be attached or placed on these regulatory signs or within the entire handicap parking spaces.”

The presence of the voter-only signs on the disabled parking spaces could put the city "at risk of being in violation of the law," Landon wrote, so he authorized Luanne Santangelo, the city’s parks and recreation director, to remove them.

As for voter parking signs on other spaces, he wrote: “In that the number of voters has been small, the amount of voter-only spaces you have designated in our parking lot is excessive. In that these spaces are not used/needed by voters, it is an unnecessary inconvenience for our paying customers and other users at our Center. I have authorized Ms. Santangelo to manage the parking lot and remove the excessive voter-only signs that are obviously not going to be used by voters.”

Santangelo gave the removed signs to poll workers, he wrote, but the signs kept reappearing in the parking lot. So she instead “started to leave these excessive voter-only signs face-down in our parking lot and will continue to do so when we have other customers to accommodate," he wrote.

That approach worked well, he wrote, and will be continued.

But, he wrote, “If at any time it is reported to you that voters cannot find a convenient parking space at the Community Center please let Ms. Santangelo know and she will attempt to help make sure voters can quickly find a space.”

Landon wrote that that city staff "have full support from the City Attorney and local law enforcement regarding this matter.”

And, he wrote, “I would suggest that the best way to address any issues at the Community Center is to communicate nicely with Ms. Santangelo.”

Weeks replied to Landon in a 3:26 p.m., Aug. 15 email also sent to city council members and the local press, writing, “If you have the full support of local law enforcement then perhaps Florida Highway Patrol would be willing and able to make an incident report since our local Sheriff has refused to do so, and has ordered his Deputy (Kevin Byrne) not to do as well.”

The Florida Highway Patrol is state — not local — law enforcement. FHP troopers deal with problems on Florida’s highways, not parking disputes at local facilities. 

Weeks attached to her email a copy of the interlocal agreement between her office and the city of Palm Coast that outlines the responsibilites of each at the community center during the election.

The agreement does not directly address voter parking, but one provision — highlighted in yellow in the copy of the agreement Weeks attached to her — states that the city "shall not remove any election related signs, with the exception of candidate campaign signs, within the city limits during early voting or on election day."

“I am in full compliance of the contract, and would like for you to do the same,” Weeks wrote. “Please stop interfering with me carrying out my duties and responsibilities.”

The full text of the emails between Weeks and city staff are reproduced, unedited, below.

 

WEEKS TO REISCHMANN AND MANFRE, 1:07 P.M. AUG. 14

Subject: Early Voting Parking at the Palm Coast Community Center

Gentlemen,

It has just been brought to my attention that the voter parking signs and
cones have been laid down on their side and bridge players are parking in
the marked parking are that has been marked off for voters to park. This
is being done when there are many other non marked parking spots available
at the Palm Coast Community Center for non voters to park with ease. I
would like this to be immediately addressed and the game playing to cease.
If I must place an individual in the parking lot through the duration of
early voting/election day to monitor the voter parking, the City will be
billed for this expense. This latest tactic may or may not be the doings of
city staff, but I find it hard to believe anyone would taken it upon
themselves to tamper with voting signs/property without the city staff’s
knowledge or consent.

Your immediate attention to this matter is required and appreciated.

Kimberle B. Weeks
Flagler County Supervisor of Elections
State Certified, Master FCEP 1,2 & 3
[cid:[email protected]]
1769 East Moody Blvd., Bldg. #2, Suite 101 Bunnell, Florida 32110

 

LANDON TO WEEKS, 10:35 A.M. AUG. 15

Subject: Fwd: Early Voting Parking at the Palm Coast Community Center

Ms. Weeks,

The management and supervision of the City Community Center is my
responsibility. I have delegated that full responsibility to the City's
Parks and Recreation Director, Luanne Santangelo. Ms. Santangelo has full
authority over the operations and activities at the Community Center,
including the parking lot. The poll workers and you are our quests but other
than activities directly associated with voting, you have no authority at
the Community Center. In the parking lot, your only authority is to enforce
the boundary where, by law, campaigning is not allowed.

More specifically, the handicap parking spaces at the Community Center are
required by law. They are to be available to ALL qualified drivers at ALL
times. The regulatory signs designating the handicap parking spaces are
required by law and enforceable by law. No other signs or other items are to
be attached or placed on these regulatory signs or within the entire
handicap parking spaces. (Could you imagine your reaction if someone
attached another sign to your campaign boundary regulatory sign?) By placing
signs or other items on these handicap parking spaces places the property
owner at risk of being in violation of the law. In this case, the property
owner is the City and it is my responsibility to avoid that risk.
Accordingly, I have directed Ms. Santangelo and City Code Enforcement
Officers to remove any signs or other items attached or placed on these
regulatory signs or within the entire handicap parking spaces. I request
that you respect this law and stop placing signs or other items of any kind
in our regulatory required parking spaces. If you do not grant this request,
City staff will continue to remove such items.

As for the rest of the parking lot, I have been assured by numerous people
that voting has been very smooth at our Community Center and that there have
been no problems for voters to find a convenient parking space. Ms.
Santangelo has full authority to manage the parking to accommodate all our
quests and customers. She has assured me that there has always been more
spaces designated for voters than actual voter vehicles. In that the number
of voters has been small, the amount of voter-only spaces you have
designated in our parking lot is excessive. In that these spaces are not
used/needed by voters, it is an unnecessary inconvenience for our paying
customers and other users at our Center. I have authorized Ms. Santangelo to
manage the parking lot and remove the excessive voter-only signs that are
obviously not going to be used by voters. She has delivered your removed
signs to the poll workers, only to have them returned to the parking lot.
So as an alternative, Ms. Santangelo started to leave these excessive
voter-only signs face-down in our parking lot and will continue to do so
when we have other customers to accommodate. She has left more than enough
voter-only signs to accommodate the amount of voters’ vehicles at the Center
at any given time. This has worked well and she will continue to manage our
parking lot in this manner. If at any time it is reported to you that
voters cannot find a convenient parking space at the Community Center please
let Ms. Santangelo know and she will attempt to help make sure voters can
quickly find a space.

Ms. Weeks, I can assure you that we have full support from the City Attorney
and local law enforcement regarding this matter. I would suggest that the
best way to address any issues at the Community Center is to communicate
nicely with Ms. Santangelo. She will continue to attempt to accommodate
your needs as I am sure the poll workers have already experienced. We are
all interested in accommodating our voters in the best way possible.

Jim Landon
City Manager
City of Palm Coast
160 Cypress Point Pkway, Suite B-106
Palm Coast, FL 32164
Tel: 386-986-3702
www.palmcoastgov.com

 

WEEKS TO LANDON, CITY COUNCILMEN, AND LOCAL PRESS, 3:26 P.M. AUG. 15

Subject: RE: Early Voting Parking at the Palm Coast Community Center

Mr. Landon,
Thank you for your response. Let me begin with reminding you that the Palm
Coast Community Center was given to the City of Palm Coast for the use of
Government Services Purposes, and there is no other service more important
that voting---The Community Center belongs to the people. Secondly let me
remind you that you entered into a contract (Interlocal Agreement for
Election Services) with this office on April 15, 2014, and I request that
you nicely uphold the contract in which you have entered. By entering into
the contract you have a specific performance requirements which are outlined
in the contract. Failure in doing so could put the voters in a compromised
position. Reasonable parking has been designated for the voters as they
deserve to vote with convenience and ease.

You have not referenced any laws or Florida Statutes in your correspondence
to support your claims.

If you have the full support of local law enforcement then perhaps Florida
Highway Patrol would be willing and able to make an incident report since
our local Sheriff has refused to do so, and has ordered his Deputy (Kevin
Byrne) not to do as well. All citizens and voters would be best served if
the laws and contracts in place were adhered to.

Attached you will find for review the contract that you entered into with
this office. I am in full compliance of the contract, and would like for
you to do the same. Please stop interfering with me carrying out my duties
and responsibilities.


Kimberle B. Weeks
Flagler County Supervisor of Elections
State Certified, Master FCEP 1,2 & 3

1769 East Moody Blvd., Bldg. #2, Suite 101
Bunnell, Florida 32110

Phone: 386.313.4170
Fax: 386.313.4171
Web: Flaglerelections.com

 

 

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