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Specious and Speculative: State Elections Office Tosses Out Kim Weeks Cases Against 3 Flagler Commissioners

| April 24, 2015

Kimberle Weeks may not appear the Florida Elections Commission's decision to dismiss her case against three commissioners. But she still has pending cases against them at the ethics commission. (© FlaglerLive)

Kimberle Weeks may not appeal the Florida Elections Commission’s decision to dismiss her case against three commissioners. But she still has pending cases against them at the ethics commission. (© FlaglerLive)

The Florida Elections Commission on Tuesday dismissed all charges former Supervisor of Elections Kimberle Weeks brought against County Commissioners Charlie Ericksen, George Hanns and Barbara Revels, ending what case Weeks had built against them through some 100 pages of largely speculative, subjective and often inaccurate claims. But the commission was required by law to review every page.


Weeks resigned in January, half-way through her second term, three weeks after filing a slew of ethics or elections charges against every county commissioner and the county attorney, and three months after the Floirida Department of Law Enforcement launched an investigation of her conduct and her office. The investigation, which included a raid of her office and is still ongoing, was prompted by Weeks surreptitiously recording County Attorney Al Hadeed and County Commissioner Charlie Ericksen outside of the immediate bounds of a canvassing board meeting both men were attending. The county called the recording illegal, and has since revealed that portions of Weeks’s recordings had been doctored.

“Notably,” Hadeed wrote in an April 23 memo to commissioners, “Ms. Weeks’ complaints against the Commissioners were filed during the time she was Supervisor, but she has vigorously continued to pursue her claims following her resignation.”

The Elections Commission found Weeks’s first round of allegations against the three commissioners legally insufficient, as Hadeed summarized the case in his memo. While Weeks took it as a mere procedural setback, the election commission’s response in early March established that several heavy-handed moves by Weeks to remove Ericksen and Hanns from the Flagler County Canvassing Board were, in fact, unwarranted.

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For example, Weeks successfully pushed Ericksen off the board after she revealed that he had contributed $25 for a meal at a fellow-commissioner’s campaign event. But in the elections commission’s executive director’s words, while Ericksen “may not have been qualified to serve on the board, nothing in the election code specifically mandates that a canvassing board member step down, and no provision is made for a penalty in the event that a disqualified canvassing board member fails or refuses to step down.”

Amy McKeever Toman, the elections commission’s executive director, also sharply rebuked Weeks’s allegation that Ericksen “had knowledge of a felony violation” of the elections code, an allegation Weeks had made based on that surreptitious recording of Ericksen and Hadeed.”The attorney’s discussion was speculation and your allegation is speculation,” Toman wrote. Toman was equally dismissive of Weeks’ claim that the county administration had no authority to seek state monitors for the local election.

The Elections Commission’s March letters  addressing Weeks’s allegations about Hanns and Revels are equally sharp rebukes of Weeks’s claims. The letters, which the county disclosed today, are unambiguous correctives of Weeks’s habit of serving as her own prosecutor, judge and jury even when advised more professionally and appropriately by lawyers. The rebukes did not dim Weeks’s other recurrent compulsion: to press on with the same cases, as she was legally entitled to do.

The Elections Commisison gave Weeks the chance to amend her three complaints. She did so. Those are the complaints that on April 21, the Elections Commission deemed equally insupportable. “Your amended complaint makes the same essential allegations that were made in your original complaint,” Toman wrote in language more brief and less patient than in the first round of letters. “This case is now closed,” she wrote. In Hanns’s case,  (The three final letters regarding the commissioners are available here, here and here.)

“There is no further relief from the FEC available to Ms. Weeks,” Hadeed wrote county commissioners, referring to the Florida Elections Commission, “and the courts have held that the FEC’s decisions of legal insufficiency are not subject to appeal.”

Florida Ethics Commission cases Weeks filed against Commissioners Ericksen, Frank Meeker and Nate McLaughlin are still pending, as is a Florida Bar complaint and an ethics complaint she filed against Hadeed.

The FDLE investigation against Weeks remains ongoing, too, an FDLE spokesman said today. Hadeed noted in his memo that the recordings Weeks had made in her tenure as supervisor were not at the supervisor’s office, suggesting that Weeks may have removed what amounted to public records from the premises. Since her resignation, the office has been led far more quietly and without controversy by Kaiti Lenhart.

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10 Responses for “Specious and Speculative: State Elections Office Tosses Out Kim Weeks Cases Against 3 Flagler Commissioners”

  1. #1 Gator Fan says:

    Don’t leave mad Weeks,just leave. Go. Ske-daddle. Bye bye.

  2. Jim O says:

    wow – The end…

  3. Retired FF says:

    There should be a way the county could go after her for all the man hours spent dealing with these frivolous complaints. What a waste of taxpayers dollars!

  4. Will (#1) says:

    I know the woman lies. She lied to me face to face, the first time she ran, about something which was easily fact checked. Haven’t trusted her since. A high school classmate of hers says she was nasty then too. I wish the voters could have seen behind the sign waving near Home Depot. Retired FF above talks about a waste of taxpayer dollars. Add to that every penny of salary for days she was in office.

  5. tulip says:

    @WILL#1 Don’t forget that she will also get a pension for time served in office, which we also will pay for.

  6. PJ says:

    You know here is the sad part as far as Weeks doing a good job as a manager I heard she was good at it, so I heard? However she seemed insecure in her position as one nasty complaint after the other was being tossed about. It made for good fodder that we all can chew on but that’s not what you get paid for.

    I’m glad to this was tossed out and the reputations of the politicos are in tact. One last thing I’m glad Weeks is gone to

  7. Bethechange says:

    Totally agree w/ retired ff. Wish taxpayers could recoup $ lost on unfounded investigations.

  8. Misfeasance at its finest says:

    As was stated above: “in the elections commission’s executive director’s words, while Ericksen “may not have been qualified to serve on the board, nothing in the election code specifically mandates that a canvassing board member step down, and no provision is made for a penalty in the event that a disqualified canvassing board member fails or refuses to step down”.

    According to Florida Statue 102.141 the law reads: “Alternate canvassing board members must be appointed pursuant to paragraph (e). In the event any member of the county canvassing board is unable to serve, is a candidate who has opposition in the election being canvassed, or is an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed, such member shall be replaced”.

    Since Ericksen did financially contribute to Meeker’s campaign and attend a fund raising event, which made him ineligible to serve, and it was then required that he be replaced, how could such replacement take place unless he stepped down or was removed? I think this director drank some kool-aid. Did she explain the meaning of ineligible. Seems to me the law is pretty clear and Ericksen violated it. If he is ineligible and does it anyway, I supposed all the non citizens and felons who are ineligible to register and vote can do so too……there is not more than one meaning for the word ineligible. Shame on the county attorney and commissioners for allowing this types of misfeasance to occur.

  9. confidential says:

    Which other outcome could we expect in a red state against an honest constitutional official?
    Same bias between past Sheriff Fleming investigation and the current Sheriff Manfre investigation.outcomes….very difficult to be an elected Democrat constitutional official in Florida trying to fulfill your duties!

  10. Brad W says:

    That office is out of control. Why would Ms. Lenardt allow anything to be removed?

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