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Ethics Commission Orders Kim Weeks and 2 Others To Reimburse $312,000 in Fees Over Frivolous Complaints

| December 8, 2017

Kimberle Weeks speaking to the Florida Ethics Commission in Tallahassee this morning.

Kimberle Weeks speaking to the Florida Ethics Commission in Tallahassee this morning.

The Florida Ethics Commission this morning approved with unanimity–or near-unanimity–five orders requiring former Flagler Elections Supervisor Kimberle Weeks and others to reimburse $312,000 in attorneys’ fees to the county and an attorney working on its behalf.

Weeks, Mark Richter Jr.–the son of a former county commission candidate–and Dennis McDonald, who ran unsuccessfully for the county commission twice, among other offices, had filed ethics complaints against County Commissioners Nate McLaughlin, George Hanns, Charlie Ericksen and Frank Meeker (who since died), and County Attorney Al Hadeed. The ethics commission determined the complaints were baseless and frivolous, and threw them out. The County Commission argued that the complaints had been filed expressly to defame Flagler’s officials and injure their reputation.

If that is proven, then injured officials may petition to recover fees. An administrative Law judge found in the government’s favor, and in a series of recommended orders laid out the fees each individual must repay in the five cases. Weeks, Richter and McDonald now have 30 days to pay or face civil action.

For Weeks, who owed $129,000, the ruling is another setback since she resigned as supervisor of elections in early 2015. She was indicted a few months later on 12 felony counts of illegal recording or disseminating of electronic conversations. Those counts have since been reduced to five, but she faces an April trial date, and has presumably been incurring heavy legal fees unless she is being represented pro bono or someone else is assuming the cost of her fees. (McDonald and John Ruffalo, both former members of the now-defunct Ronald Reagan Republican Assemblies, the hard-right political organization, have been her allies.)

The judgment against her also further tarnishes her political reputation or legacy–or her potential future intentions: as startling as it sounds, there is word of her intention to run for a county commission seat.

Weeks and McDonald spoke to the commission this morning. Richter, who has not participated in the process since filing the complaints, was not.

Weeks claimed her due process was “violated,” the ethics commission was “misled,” information in the orders was “misstated,” the issue was forwarded to the Division of Administrative Hearings prematurely. She said the commission did not accommodate her requests to be heard by phone. And she pointed out that Mark Herron, the attorney representing Flagler County, was being reimbursed at rates far higher than what the county’s insurer was paying him–because county government had agreed to pay him the difference between what the insurer was willing to pay and what Heron charges.

Herron did not dispute the latter fact: the insurer was willing to pay him $180 an hour. Herron (a former member of the ethics commission himself) charges $300 an hour for ethics work. Yet the Flagler County Commission agreed to pay him $350 an hour, or essentially pay him $170 over and above what the insurer was paying. But he disputed all of Weeks’s other characterizations of the cases’ unfolding. “To sit here and say that she was denied due process is not a fair and accurate statement,” he said.

Michael Cox, a member of the ethics commission–he is a certified financial planner and, like Weeks, a Democrat–alone raised issues on behalf of Weeks, terming himself “disturbed” by the issues Weeks raised and the amount of the fees she was being required to pay. “I don’t know her situation but it could potentially ruin her financially,” Cox said. “Some of the things she’s hitting on are hitting a lot of buttons with me.” He was also concerned that she had not been given a chance to be present at her probable-cause hearing, though Herron subsequently said she had walked out of her deposition and had been difficult and at times impossible to be in touch with: Weeks claims she has no internet access at her home, missed notices and, in her view, filed her required papers on time (ethics officials disagree).

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Cox pressed his case, suggesting that Flagler officials who had complaints filed against them were leading the charge against Weeks because they didn’t like being publicly criticized. “I really think that stinks of politics,” Cox said, seemingly less conversant with the county’s claims, sustained by the administrative law judge: that the complaints were filed with malice and a reckless disregard for the truth.

Cox had voted with the rest of the commission’s unanimity to ratify the orders against Richter in the cases of Nate McLaughlin and Frank Meeker (whose case, since his death, was assumed by Meeker’s wife). But Cox said knowing what he learned from Weeks after she spoke, he might have voted differently, and subsequently did, though he proved to be the only dissenting voice. McDonald also appeared and addressed the commission, with the same result.

The ethics commission ratified the following recommendations by Susan Van Wyk, the administrative law judge:

Weeks, who resigned from the supervisor’s office and was indicted on felony counts only peripherally related to matters raised in her allegations in the ethics case, filed a complaint against Hadeed through the ethics commission. She must pay $60,682. (See the judge’s order here.) Weeks’s felony case is a separate and continuing issue.

Weeks filed a complaint against Commissioner Charlie Ericksen. She must pay $68,888 ($56,393 for costs incurred by Ericksen’s attorney, $12,949 for costs incurred by the county attorney’s office. See the judge’s order here.)

Mark Richter Jr., the son of Mark Richter Sr., a 2014 candidate for the county commission, filed a complaint against Commissioner Nate McLaughlin. He must pay $63,110 ($52,928 to McLaughlin’s attorney, $10,181 for costs incurred by the county attorney’s office. See the judge’s order here.)

Mark Richter Jr. filed a complaint against the late Frank Meeker, the county commissioner who died in office last summer of cancer. He must pay $59,942 ($47,971 to Debra Meeker, the commissioner’s wife, and $11,971 for costs incurred by the county attorney’s office. See the judge’s order here.)

Dennis McDonald, who’s run for the county commission, for Palm Coast mayor and for a local legislative seat–unsuccessfully all three times–and who’s married to School Board member Janet McDonald–filed a complaint against then-Commissioner George Hanns. He must pay $59,042 ($48,500 to Hanns, and $10,541 for costs incurred by the county attorney’s office. See the judge’s order here.)

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11 Responses for “Ethics Commission Orders Kim Weeks and 2 Others To Reimburse $312,000 in Fees Over Frivolous Complaints”

  1. Bill says:

    The real purpose of the (un)Ethic(al) Commession is to act as an iron shield to protect corrupt politicians.

  2. thomas says:

    GREAT NEWS. She and the others tried to ruin the lives of some fine people.

  3. Anonymous says:

    Seems like the Ethics Commission isn’t so ethical……When Dennis McDonald’s case came up the commission made a motion and got a second BEFORE he ever had a chance to be heard.

    Weeks raised some issues too having her due-process and 14th Amendment right violated in the handling of the case and Attorney being instrumental in the investigations, the only party permitted to be heard in the probable cause hearing which then pushes the case to the fees and costs arena.

    I thought the Ethics Commission was designed to keep government honest….my thinking has since changed. This appears to be a corrupt agency that is being run without any accountability or supervision.

  4. palmcoaster says:

    Wholly agreed with Bill above.
    Now we can be sued, financially punished and even threaten with jail for uncovering government officials wrong doing against the law. One of those complaints was proven and that female commissioner paid a fine and is no longer in the FCBOCC.

  5. palmcoaster says:

    Mr. Michael Cox Ethic Commission Member is the only one that voted with honesty and said it like it is against the majority vote of the Commission, just and plain “eroding ( I would say violating) the public trust”. Don’t we dare speak against our government officials elected or appointed when they brake the law, because now we will be sued at least in Good Old Florida! Too bad in the Sunshine State, newcomers be aware! No first amendment right..?

  6. Layla says:

    Palmcoaster, that is exactly what is happening here. Anonymous posted a link to this mess which I recommend all watch. This commission admits this was badly handled, that maybe they screwed up, and awards these fines anyway. You will feel like throwing up. I don’t even care what the complaints were. It no longer matters. I’m pretty sure the Founders are rolling in their graves over this process. My God.

    I wonder how many know their freedom of speech is gone? Who authorized legal fees higher than what the insurance paid and why? Why are we enriching politicians if you complain about their ethics? This case raises more questions than it answers.

  7. palmcoaster says:

    Yes Lyla all need to watch this: , and see the gross violation of first and fourteen amendments rights by all except Mr. Cox in this dog and pony show Un-ethics commission!
    Some pro bonus Ethics Lawyers like Richard Painter :, needs to be summoned on behalf of this 3 honest to God Flagler County residents and former official that dared to question the political maneuvers on their favorites benefit while serving in the (should be unbias) canvassing board. Oh God to employ a former FL Ethics Commission member lawyer Herron against our 3 FC residents an almost double the rate per hour! Justice was not served as bias in favor of Herron former E. Commission member was the benefited connection instead. Yes no longer public trust!

  8. Just the truth says:

    What goes around comes around.

  9. Anonymous says:

    Let the people watch this link concerning these ethics complaint legal fees accessed to former SOE Weeks, Dennis McDonald, and Mark Richter Jr. and let them decide for themselves if this is political payback and/or greedy lawyers at work.

  10. palmcoaster says:

    Florida Un-ethic Commission not first time that is perceived un-ethical by Floridians: The antics and price paid for residing in a red state..?

  11. Edith Campins says:

    This has already cost the taxpayers a lot. Richter and MacDonald are both losers who wanted to seek revenge on our public officials. Maybe they can get their Ronald Reagan Republican friends to help them pay the fines, after all they were the one who started the mess.

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