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My Agreement Or Else: Elections Supervisor Weeks Bluntly Rejects Palm Coast Proposals

| April 7, 2014

Secretary of State Ken Detzner showed his own frustration by underlining the concluding lines of his letter urging Weeks and Palm Coast to resolve their differences. Palm Coast thought it had done just that. So did Weeks.

Secretary of State Ken Detzner showed his own frustration by underlining the concluding lines of his letter urging Weeks and Palm Coast to resolve their differences. Palm Coast thought it had done just that. So did Weeks.

Last Updated: 3:27 p.m.

My agreement or no agreement.

That sums up Supervisor of Elections Kimberle Weeks’s response to Palm Coast government Monday as she rejected the city’s version of an agreement that would have Weeks running the 2014 municipal elections.

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Calling Palm Coast government “uncooperative” and “unwilling to be a team player,” accusing it of “inappropriate” acts and a “lack of municipal leadership,” Weeks returned to the city her own original agreement, without any deletions or amendments, and gave the city until April 16 to approve it. But the Palm Coast City Council has already said that it cannot approve Weeks’s version blind.

Weeks also rejects the suggestion that the Secretary of State’s office could mediate the dispute, though Ken Detzner himself, in a second letter to Weeks, conceded last week that he could not be placed in the role of a mediator. Detzner suggested using a Supreme Court mediator, however. Weeks was silent on that suggestion.

Weeks’s response, in a 3,300-word letter that casts the city—with scant evidence–in a villainous role and herself as voters’ and taxpayers’ protector, essentially means that the stalemate between her office and the city remains. Pressure is mounting on Palm Coast to come up with its own plans to run the elections for city council. That will cost the city tens of thousands of dollars, and it’s unclear who could carry out the very complex job and with what equipment.

“That’s not great,” Jason DeLorenzo, Palm Coast’s vice mayor, said Monday morning. “Disappointed, and disappointment for the voters of Palm Coast. I thought hat we could come to an agreement that both sides could live with.”

“I think we’re going to end up putting on our own election,” council member Bill McGuire said in early afternoon. “I’m not going to support giving her carte blanche to do whatever she wants whenever she wants.”

The council will most likely discuss the matter at its workshop Tuesday. Weeks had imposed an April 2 deadline for Palm Coast to decide how to proceed. The arbitrariness of that deadline left the city perplexed, as it is unattached to anything in law or necessity. Now, Weeks is extending the deadline to April 16 for Palm Coast to take or leave the original agreement she submitted. The city has refused to go along with that agreement without making at least minor changes, one of which would prevent the supervisor from demanding (rather than requesting) city facilities as precincts should one of her own fall through.


The political dimensions behind Weeks’s intransigence are sharpening.


Last week Palm Coast returned two agreements to the supervisor: the first was her own, with a few amendments. The second was the agreement between the supervisor and Flagler Beach, adapted to Palm Coast. The city gave the supervisor the option of choosing one or the other, the maximize the chance of an agreement. Weeks rejected both.

It is unclear why Weeks has chosen to turn a minor hiccup into an all-out conflict with the city, though the political dimensions of the battle have sharpened: Weeks is a Democrat, but she’s been getting the counsel of Dennis McDonald, a Ronald Reagan Republican Assemblies member, a candidate for the county commission and a relentless critic of city government. The Ronald Reagan assemblies are fielding candidates in each of the two city election races. They are looking for the sort of wedge issues that might enflame the electorate. They have seized on that conflict as just such an issue. It is in their interest—though not in voters’ or taxpayers’–to prolong the battle and cast the city (and therefore its incumbents) in a bad light. The strategy, however, could just as easily backfire come election day.

“My involvement with [Weeks] on city matters started this past July when Landon/Netts with a cheering section from the [city council] decided that they would restrict the use of our Community Center,” McDonald wrote in an email Monday afternoon, referring to City Manager Jim Landon and Palm Coast Mayor Jon Netts. McDonald claimed that the city was preparing to yield the community center (in part) to the Palm Coast Bridge Club. The claim is not correct. The city and the bridge club have been in talks that may have enabled the bridge club to put up money for a new building in the community center complex, a building it then would have been able to use, but only under terms set by the city, as with any other club using city facilities. The future of that project is unclear.

McDonald claims that Palm Coast residents “were being played” in the potential deal.

“This stealing of our asset limited our ability to Vote at the Community Center,” he wrote. “If that is ‘council’ [sic.] then so be it.” (He meant “counsel.”) He added: “I am disappointed that you fail to see how this limits one of our greatest freedoms and rights.”

In her letter, Weeks wastes no words before giving Palm Coast the what-for: In her second sentence, she explains that “[t]he deadline of April 2nd was imposed as it is believed the city has no idea or perhaps no regard of the timeline of requirements and responsibilities that must be met to carry out the election successfully.” That’s merely the first of many unfair claims levied at a city government—and, more precisely, a city staff—that has overseen relatively flawless elections for a decade and a half, preparing them alongside then-Supervisor of Elections Peggy Border, then Weeks.

Weeks then recaps her version of the conflict with the city, stating that it wasn’t until Feb. 28 that Palm Coast “provided an affirmative ‘YES’ confirmation that they wanted the assistance of the elections office to assist with their 2014 City elections,” though the council has been on record since last year, publicly stating that it wished (and assumed) the supervisor would handle the election, as in previous cycles.

Weeks was making a formal distinction: the ‘yes’ she received was to an email she sent the city’s clerk, a formality she expects of the city but has not quite afforded it in return, limiting most of her pronouncements on the matter to statements to or through the media. Weeks also again deems “inappropriate” Palm Coast’s role in drafting and approving an agreement with her office to conduct such an election. The council unanimously approved the two proposed agreements on April 1.

“Unfortunately in this situation the council and the mayor failed to communicate with me to be properly informed in order to make appropriate decisions the evening of April 1st,” Weeks said. “It is believed decisions were made this evening based on assumptions and/or misinformation.”

Other than over Weeks’s demands for specific space from where she can operate early voting—a conflict that was resolved last fall—the city has had no public issues with Weeks. While occasionally indirectly criticizing her for not being a team player, council members and even the city manager, who can salt his words when he wants to, have referred to Weeks with remarkable restraint and deference. She has not repaid them in kind, turning the tables on the city’s attempts to be magnanimous.


“The city certainly did not demonstrate a willingness to work together when an email was sent to the Secretary of State on March 27th asking for his intervention,” Weeks wrote, “in an attempt to use the Secretary for leverage, rather than communicate and cooperate with me to best serve the voters in usual established practices as have been practiced during prior city elections in years past. The Secretary has no authority over municipalities or their charters, and has limited authority over me as Supervisor of Elections.”

The city sent that request to Deztner in an effort to break the stalemate. Detzner joined the division of elections’s attorney, the Palm Coast city attorney, the Flagler County Attorney, and the attorney for the state association of supervisors of elections—who represents Weeks—in clearing Palm Coast of an improprieties and asking Weeks to move on, and carry out the elections. Weeks has refused to concede the attorneys’ points, or go along with Detzner’s recommendation.

“I have never said I would not conduct your City’s election, even after I recognized issues that required action by the city over the past eight months,” Weeks wrote. “I have said I had concerns, and I have made the concerns be known as it is important to me to know what I do is legal, and that the voters do not lose confidence in what we do, and know what we do is fair and honest.”

She concludes: “I am going to again present you with the 2014 Official Interlocal
Agreement for City of Palm Election Services, and extend the date to April 16, 2014 for you to return the Official Interlocal Agreement to the Supervisor of Elections Office.”

The supervisor’s full letter appears below.

Weeks Conditions to Palm Coast, Issued April 7, 2014

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27 Responses for “My Agreement Or Else: Elections Supervisor Weeks Bluntly Rejects Palm Coast Proposals”

  1. Johnny Taxpayer says:

    Time for Gov. Skelator to suspend Ms Weeks pending removal from office for neglect of duty and incompetence,.

  2. This is all so uncalled for and so unnecessary.

  3. Edman says:

    Can’t this Weeks nutcase be recalled? The only reason she got elected was because the Republicans ran a very poor candidate nd just thought they could win by getting Republicans to the polls. I’m an independent and I did not vote for either candidate for Supervisor of Elections. If “none of the above” was an option it would have gotten the majority of votes.

  4. Florida Native. says:

    Originally I sided against Weeks on this but the more I read and the more I hear and the more I see personally about Palm Coast’s dysfunctional politics and poor leadership the more I side with Weeks. Everything Palm Coast touches turns to s–t sooner or later and usually sooner. You can’t make this stuff up. Palm Coast’s record speaks for itself. I’m surprised that nobody has sued the city and it’s pathetic leaders already and bankrupted it.

  5. KMedley says:

    The City needs to stay strong and request a Florida Supreme Court certified mediator. The mediation should be public so that Weeks’ presence and participation is required. She never brought this issue to the City’s attention in 2011, and she never attended any of the three meetings held in 2011 for the charter amendment process. She failed to address any of these issues at the Sept. 3, 2014 City Council meeting where she was given amply opportunity, and in fact, was specifically asked to provide information about the 2014 City Elections.

    She and her constant cacophony of city criticizers obviously refuse to read charters, statutes, Attorney General Opinions, and established court cases in full context. Weeks and her choir selectively choose slivers of information to build false arguments so those same misrepresentations are then faithfully Recited, Recalled and Regurgitated. From Weeks’ point, the City is guilty until she says otherwise.

    In an e-mail to the county attorney, dated March 10, 2014, Weeks sought guidance in an effort to have e-mails and correspondence between herself and attorneys declared as “exempt from public record disclosure”. Apparently, since that option is not possible, it would appear extensive use fees, without any itemization of such fees, are possibly being used as a barrier and deterrent to prevent records, such as search requests for emails from the core group of the RRR, from becoming public. She has also diligently pursued the possibility of her office filing suit against the City in an effort to obtain a declaratory judgment. The county attorney, the Division of Elections, and Mr. Ron Labasky, counsel for the FSASE, of which Weeks is a member, have ALL advised her it is not her place or responsibility to seek such relief.

    For those who may not remember, the RRR obtained advice from Weeks so that primaries are purposely closed. Because of their efforts, it took a court order to allow for the inclusion of John Pollinger’s name on the Primary ballot. This same group crowded the sidewalks at Early Voting and Election Day polling locations; and now, it seems this group is intent on creating an issue, where none exists, so its candidates can simply point fingers, rather than define their positions.

    In a further effort to dissuade the City from conducting their own elections, Weeks advised the City Clerk to review F.S. 102.031. Seemingly, this would allow the SOE to deny the City access to established polling locations. So, apparently, Weeks seeks to present further obstacles to the City by implying City election officials would be banned from using established sites, such as a school, should a separate election become necessary.

    And; yet, through all of this, Weeks paints “herself as voters’ and taxpayers’ protector”.

    A capitulation of this magnitude, signing Weeks’ agreement without any negotiation with the City, will establish a precedent for future councils. The final decision rests with Supervisor Weeks. Her actions and decisions will decide if the voters are her number one priority or if apparent adulations of a local group take precedence.

    Since Weeks believes, The Secretary of State “has limited authority over me as Supervisor of Elections”, perhaps calls to the Governor’s office would be appropriate:

    Office of Governor Rick Scott
    State of Florida
    The Capitol
    400 S. Monroe St.
    Tallahassee, FL 32399-0001

    (850) 717-9337

    http://www.flgov.com/contact-governor/

  6. Gail W says:

    Little ole Kim Weeks holding the Big Bad Wolf government in “limbo” . How exactly does a city built on a swamp actually get to this point in their political gambling ? Its like watching the ObamaCare failure but even worse.

  7. tulip says:

    There are no publicly acceptable printable words to describe Weeks! The RR is counseling her? Looks like they found the right person to influence for the RR’s own personal reasons & gain

    • Genie says:

      @ Tulip: So you think all politicians should be able to add that “extra year”? Oh, Tulip. I believe thee hath exposed theyself!

      @ Dalfarnif: You have to have a reason to remove an elected official. If they touch Ms. Weeks, she has a law suit against both the City AND the state, and I’d LOVE to be her attorney.

  8. Steve Wolfe says:

    Why do you think the city council has NOT used the court option, but instead seeks to hide behind some public bullying from state officials who have no stake in the matter and no authority? It is because the courts would expose what the city council has been hiding all along, even from YOU: the referendum to change from odd to even years voting violates the charter of Palm Coast. The referendum should have been on a GENERAL election ballot, or on a SPECIAL election ballot. Instead, PC put it on a PRIMARY ballot, possibly for self-serving political causes, such as Mayor Netts getting an extra year without a vote.

    That’s why this matter is running right up to the brink, and in the end, Kim Weeks will win, because PC isn’t prepared to run the election, and the voters should fear that if PC does, the election will be about as reliable as the city council’s fiscal responsibility.

    You’ve seen in these pages how so much of what the PC council does is either questionable if not outright fraudulent. Do you like the red light cameras picking your pockets as a revenue stream for a city council that has run the water utility in the red? Do you like the city council stuffing a city hall project we can’t afford down your throats? Do you like paying nearly a million dollars a year for two employees who can’t even ensure that PC actually owns the property that it builds on? If so, then you must like what you have. If you don’t, then vote them out. Or, TRY to….

  9. 166 says:

    The city should be ashamed for not entering into the agreement the supervisor gave them a few weeks ago and for creating all this drama. The disrespect shown to this elected official by the city is unbelievable. Had Palm Coast not screwed up to begin with I’m sure none of this would be going on. This must be Palm Coasts way of getting even for the Supervisor exposing their screw ups, that they have denied, but worked hard to fix.

  10. Crusty Old Salt says:

    Wonder what this fiasco is going to cost us taxpayers?

    • Steve Wolfe says:

      Less if Weeks runs it. And another expense could be the impartiality of the results if the city runs it. They are hiding things that will come out if they handle this in the light.

    • VET says:

      It won’t have to cost the city if the city council will stop giving the elections supervisor a hard time and let her do her job. They aren’t specifying exactly what they have a problem with. They just have a problem with her. Maybe they really do want to control their own election, so they can control the outcome and control who the council members are to control how they run the city. We voters didnt want a city hall, but we got one any way, didn’t we!!!!!

  11. 166 says:

    sounds to me that the city is looking for an excuse to conduct their own election so they can control the outcome. what specifically is in the agreement that the city has a problem with? The city had no business to disrespect the supervisor by handling this as they have done.

  12. Dalgarnif says:

    Originally, i would have to say I sided with Ms Weeks on some of this but I think she has gone completely rogue and is acting a bit insane. It may be time unfortunately for the state government to step in and remove ms Weeks from office if there is any provision for that.

  13. Dennis McDonald says:

    There is way to much to follow for the majority of Palm Coast voters, so here is what I suggest. Consider your past experiences with each side in this argument.
    In this corner is Palm Coast’s Red Light Camera Posse that jammed a $6,800,000 City Hall in the barrens of a failed CRA down the taxpayers throats. Raided our utility enterprise fund for millions by issuing a Promissory Note, then turns around after spending $5.8Million on a golf course that failed to pay for itself and Mr. Mayor declares it a City Amenity so no repayment is required. I could continue but it lots more of the same.
    As for SOE Weeks she has conducted our elections at City, County, State, Federal since 2009 with relative ease to our public and was rated last year by the State of Florida as one of the Best SOE’s.
    Decide for yourself but remember the Palm Coast City Manager and Attorney cost us $757,592.00 in this years budget. How’s that for return on investment ?

    Opinion of the New Palm Coast.

    Dennis McDonald

    • Johnny Taxpayer says:

      Your post glosses over the very public feuds Ms Weeks had with the County Commission when they merely asked her to explain her requested increase in budget, and she essentially blew them off. It glosses over her demand that the city provide her whatever space she demands, on demand at no cost, and it also glosses over the opinions of the Secretary of State, the BOE Association Attorney, and the Flagler County Commission Attorney all of whom have zero connection whatsoever to the City of Palm Coast, and all of whom essentially told her she was making much to do about nothing. If I were a betting man I’d say a Supreme Court certified mediator would say the exact same thing.

      It’s easy to point to the shenanigans the City has pulled, and there has been much in that arena, in this instance however, that dog won’t hunt.

      • Steve Wolfe says:

        Weeks is not answerable to the County Commissioners. She is an elected official, just like them. She is answerable to us at the ballot box just like them. All the others you point to have no authority over her. This isn’t about public feuds. This is about 5 guys with egg on their faces being exposed by one woman. She is giving them a chance to right a wrong that they refuse to acknowledge because it really will paint them into a corner. Bravo, Kimberle.

        We all should be vigilant as voters. Don’t just “settle” for the line from politicians. They have all but advertised their gaffs. It is our duty to hold them accountable, or, if you feel, reward them at the ballot box. Either way, you should understand what they are doing with your money and your liberty.

  14. 166 says:

    You all act like the supervisor of elections has a duty to provide elections to Palm Coast. Palm Coast is responsible for providing their own elections and by taking the easy way out wanted the SOE to provide elections for them.

    It’s time for Palm Coast to man up and take care of their own problems.

    Stick with it Mrs. Weeks.

  15. confidential says:

    Pathetic that the city council want to tinker with our elections by refusing to sign the interlocal agreement presented by SOE Weeks. Council does not want to reassure the use of the community center that is the usual location for the largest registered precinct in the city. In the council meeting they came up with excuses of different uses of the Community Center by different organizations when and after all, belongs to us all and what is more important use than to host elections to serve the voters of the largest precinct in the city?
    If this council and city are given leverage to bypass an SOE’s presented interlocal agreement, then the state will set up a precedent for all Florida SOE’s to be subject to cities government demands and micromanagement, other than working independently as the elected constitutional official Supervisor of Elections we elected them to be for something so vital, sensitive and important as our fair and properly held elections.
    Why this council keeps wasting our hard earned taxpayers boycotting our law abiding SOE? When SOE Mrs. Weeks, for her good work was named by Governor Rick Scott among the 13 highest ranking SOE in Florida April 27 2013! Also she was re-elected by 60% of the registered voters of Flagler County.

  16. Bob Hamby says:

    As a correction to the misinformation being reported, the Ronald Reagan Republican Assembly Flagler has taken no position on the dispute between the Supervisor of Elections and the City of Palm Coast. While we are proud to have Mr. McDonald as a member of our organization as a private citizen of the City of Palm Coast he has the same First Amendment rights under the US Constitution to express his opinions on this dispute as Flagler Live.
    A Major goal of our organization is to inform and educate Flagler/Palm Coast residents on local issues about which they should be knowledgeable in an election year (43 Palm Coast Red Light Cameras highlighted last week). We do not consider educating and informing the electorate about facts related to local governments to be inflammatory. We believe that having an informed electorate is necessary to have a “Government of the people, by the people and for the people.”
    Bob Hamby, President
    Ronald Reagan Republican Assembly Flagler

  17. Samantha Claire says:

    McDonald, Thanks all over again for reminding the rest of us that you are the smartest Reagan Assembly fellow in the room. Your statement: “There is way to much to follow for the majority of Palm Coast voters…” indicates again your pre-eminent opinion of yourself while denigrating others (majority). Another insulting shrill call for taking your pure anti-government advice and counsel knowing far more than the rest of us.

    City residents, by overwhelming majorities, love living here while trying to figure out your selfish political angles. Those planning to move here ask about the “mess in Palm Coast”. You are besmirching the good name of this place with your constant flow of ill-will and invective.

    Your alliance with a Democrat Supervisor of Elections to disrupt and perhaps ruin an election is unconsionable, but does feed red meat to your acolytes.

    You are now officially filed running for county commissioner – a crummy day for Flagler County and the fellow you are runnig against. Commissioner Frank Meeker is a gentleman undeserving of having to face an opponent of your disturbing ilk. No sale Dennis. Go Frank!

    • Steve Wolfe says:

      If you look into the matters as deeply as a candidate might, then you would see that Dennis is correct about the city council’s messes. Really, this stuff is too good to make up.

      Vote as you will, but if you are interested in arming yourself with the truth, then you need to do some homework. Do you want the city run into the ground with debt that can only be recovered through your tax dollars? Are you pleased with the things that the city council has spent red ink for? Is Palm Coast still the great place it should be, or has it been set up for failure by people-unfriendly red light cameras, a “vertical WalMart” that never materialized, business that flees in the dark from the hideous anti-business climate created by the council, more and more business closings because of the failing demographics, while we are served up trees and flowers to create an illusion of a successful city?

      If, on the other hand, you choose to blindly follow this city council, then you either don’t care what the issues are, or Dennis is correct about your first point as well.

  18. Brad says:

    “It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.” – Abraham Lincoln

    This issue, although played out as something of entertainment, is actually very serious. Unfortunately, too few want to listen. The real truth lies in these two very important sentences “she’s been getting the counsel of Dennis McDonald, a Ronald Reagan Republican Assemblies member, a candidate for the county commission and a relentless critic of city government. The Ronald Reagan assemblies are fielding candidates in each of the two city election races.” Welcome to the reality of an extremist political group taking control of our community, and the fact that an Elections Supervisor in Florida has the ability to hold an entire community’s right to vote hostage while being so bold as to state that even the Florida Secretary of State has “little authority over [her]”.

    So should the City give in? Absolutely not. I say tear the agreement up, spend the money, and hold our own election. Not as a stance to “just show her”, but because 2 elections running side-by-side will be a mess. A mess where the majority of the focus will be placed on the Elections Office here in Flagler County by a great deal of people that Weeks does not want poking around her Office. Questioning that she will be forced to answer NOT through emails, NOT through the press, but on the spot. This election is a great deal more than just local seats and positions, and ALL of the candidates’ right to a fair election will be in jeopardy with a duel election. Both candidate and voter will inevitably take action. And without a signed agreement covering legal fees, Kimberle Weeks will have need to find the funding for her attorneys herself. She obviously knows a lawsuit is coming either way after this election so I say let it come and let it come from all the way from Tallahassee to Kimberle Week’s Office.

    There is a great deal more at stake and going on than most are allowing themselves to see, and it’s pretty scary. We are seeing the reality of ever declining voter turnout, and how it can lead to special interest taking over a community. And the even sadder is the reality of when power and corruption wield their ugly head and the one you think should protect your rights is the one taking them away.

    BUT WE ARE THE PEOPLE, and we CAN stand up. We can come together as Democrats, Republicans, and Independents and demand the Supervisor sit down and discuss and come to a real agreement that is truly in the OUR best interest as tax payers and voters. That she absolutely carry out the duty of her office to us as voters and candidates allowing US our rightful access to a fair election on OUR terms. We CAN STAND UP and not allow our rights to be withheld due to a deal our Elections Supervisor chose to make with “the devil” and wants us to protect her from the repercussions out of our tax dollars. So if we are to pay over a hundred thousand dollars I say we spend it on our own election rather than lawyers for Kimberle Weeks who can afford her own legal costs for her own poor selfish decisions.

    “and that government of the people, by the people, for the people, shall not perish from the earth.”

  19. Rob says:

    Mrs. Weeks is correct on at least one count.
    The city of Palm Coast is lacking in the leadership department. Because one is elected does not make them a leader. Neither is one made a leader if they are appointed to a position and bestowed a large salary package.
    As a collective the town council is an arrogant group.
    It now appears that they are on the receiving end of that which they have dealt out so many times in the past. I don’t think they like it.

    As for Mr. McDonald, I don’t align myself with any one political group I like to think for myself and determine what policies, procedures and platforms best articulate my positions and are in my best interests.
    The Ronald Regan Republicans, Tea Baggers and other so called conservative groups I wouldn’t touch with a ten foot pole. However, Mr McDonald raises valid issues, now and in the past. He, at least, is one who will peel back the onion to expose the doings of the town council and their town manager.

    And those who think that this city is being run just fine should pull their heads out of the sand.

  20. tulip says:

    There will also be Mr Holley on the general election ballot who will be either McDonald or Frank Meeker”s opponent. Mr. Holley looks very interesting.

    At least McDonald won’t be able to block him out of the commissioner race because Holley is an Independent.’

  21. Raloh Belcher says:

    Is the current SOE beyond reproach? Come up with your own answers.

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