A grand jury that convened Tuesday indicted Kimberle Weeks, the former Flagler County Supervisor of Elections on 12 felony counts of illegal interception and disclosure of oral communication, following a six-month investigation into allegations by county officials that she secretly and illegally recorded their conversations. Each count is a third-degree felony.
Weeks, of 3056 County Road 305 in Bunnell, was arrested at 8:05 this morning. She was booked at the Flagler County jail at 9:12. She was being held on $12,000 bond. By 10 a.m., she had posted bail. Her booking photo shows a smiling and made-up Weeks, 54, who was first elected supervisor–her first elected office–in 2008, and re-elected in 2012. She is a Democrat. She resigned abruptly earlier this year, weeks after state investigators raided her office.
The Florida Department of Law Enforcement launched an investigation of Weeks in early October, raiding her office, seizing electronic equipment and interviewing her and members of the county commission and administration. The FDLE investigation was turned over to the State Attorney’s office, an FDLE spokesman said Wednesday.
The indictment, unsealed Tuesday afternoon, found Weeks to have allegedly illegally recorded Al Hadeed, the county attorney, Charlie Ericksen, the county commissioner, Virginia Smith, Palm Coast’s city clerk, and Melissa Moore-Stens, the county judge, among others. Stens chaired the elections canvassing board, where much of the controversies swirling around Weeks–controversies Weeks herself triggered, nurtured and amplified–were first aired.
The indictment was much broader than expected: the county’s original claims of illegal recordings had focused on just Hadeed and Ericksen. One of the counts in the indictments charges that Weeks also allegedly illegally intercepted communications by several officials at the state Division of Elections, including Secretary of State Ken Detzner and attorney Gary Holland. Also named in the same count were Ronald Labasky and J. Andrew Atkinson. A separate count refers to Weeks allegedly illegally intercepting communications with Michael Coomans, an FDLE sergeant.
The counts cover alleged incidents stretching from April 4, 2014, to September 19, 2014, a period that coincided with Weeks’s fiercest conflicts, first with Palm Coast government, then with county government and members of the canvassing board.
FDLE investigator Phil Lindley conducted the inquiry. According to Weeks’s arrest affidavit, the FDLE obtained “certain electronic data and devices from the Flagler County Supervisor of Elections Office” in September. “Forensic analysis of the data revealed numerous recordings of communications made of numerous persons on numerous dates.”
“It’s so fresh we haven’t had a chance to respond, I think we’ll be putting out a statement in due time,” Craig Coffey, the county administrator, said. Coffey and Hadeed first alleged that some of Weeks’s recordings had been illegal. She would record conversations on her personal iPhone, which she would leave in an elections office conference room even though official portions of meetings would be taking place in an adjoining room. “We are happy that it was fully investigated and we are happy that it is being addressed. Other than that,” Coffey said.
“We’ve said all along that we didn’t believe that the recordings were appropriate, and this strengthens that belief,” Ericksen said this morning. He interpreted some of the counts in the indictment to mean that Weeks had secretly recorded phone calls as well. “If there were recordings of other individuals that would suggest that most of her phone calls with other parties were not acknowledged–that she didn’t announce in advance that she was recording. You can record somebody on the other side if they give you their permission.” Ericksen was interviewed twice by the FDLE and requested to see the FDLE investigators one additional time to present further information.
The Palm Coast administration issued a statement later Tuesday morning, referring specifically to Smith’s interactions with Weeks which, on Weeks’s part–and in public meetings–had been less than respectful. “The City of Palm Coast’s conflicts with Kimberle Weeks leading up to last year’s elections have been well-documented in the media and public arena,” the statement read. “As the City Clerk, Virginia Smith was assigned to take the lead for the City in all elections-related issues and, through it all, Virginia maintained the utmost professionalism representing the City. Virginia cooperated fully with the FDLE investigation, just as any City employee would in a matter of this type. The City administration backed her fully and will continue to do so as the proceedings continue. The City feels it would be inappropriate to comment further regarding the legal matter involving Ms. Weeks because it’s now a pending case for the Courts to handle.”
Under Florida law, grand juries are convened only for two reasons: to secure an indictment against a person who’d be tried for a capital murder (that is, in a case where the death penalty would apply). And for controversial cases involving alleged corruption or wrongdoing by public officials or public servants. The last time a grand jury was convened in Flagler dates back to the case of ex-Flagler Breach cop Bobby MacDonald, who was investigated after his wife was shot in the head. She claimed he shot her. He claims she shot herself. The grand jury found no sufficient evidence to indict.
Aside from budget clashes she’s had with the county commission–a few years ago, for example, she was questioned about “bonuses” she gave her employees, and never provided the county commission the specific accounting of those dollars that the commission requested–Weeks’s conflicts with various local agencies rarely amounted to serious or intractable issues. Agencies would strive to accommodate her, up to a point. Palm Coast, for example, agreed not to charge her to use space at the city’s community center during elections. But when the city refused to provide her with the largest room at the center for the entire two weeks of early voting in 2014 (as opposed to a smaller room that proved entirely sufficient for the early-voting process), Weeks escalated the conflict by very broadly–and inaccurately, according to several lawyers–interpreting laws and agreements in an attempt to force the city to grant her the room.
She eventually conceded, only to pick another fight with Palm Coast, this time over parking spaces outside the community center. Aside from roping off many more spaces than were needed for early voting election days, she tampered with handicapped parking signage despite being cautioned against the illegality of doing so. She had similar run-ins with the county administration, though by the time the matter with Palm Coast was settled (Weeks backed down), she shifted her antagonism toward members of the canvassing board, attacking them one by one–Ericksen, then Commissioner George Hanns, then Commissioner Barbara Revels, and all along, her bête noire, Hadeed, the county attorney. She hired her own attorney and called on attorneys at the division of elections and in her own professional association of election supervisors, only to rebuff their counsel when it did not mesh with her interpretations.
Weeks also had her conflicts with reporters. During one canvassing board meeting, a FlaglerLive reporter attempted to take general pictures of the canvassing board, from a distance, when it was counting certain ballots during early voting. Revealing votes before polls close is illegal. Taking pictures of a public canvassing board meeting is not. Weeks sought to prohibit the taking of any pictures.
Asked to cite the law that gave her the authority to do so–as public officials are required to do when denying access to public proceedings or documents–Weeks snapped that she didn’t need to cite the law. “It is my law,” she said.
Kimberle Weeks Indictment (2015)
Click to access kimberle-weeks-indictment.pdf
Just a thought says
I am glad to hear that after all those years of bashing everyone that disagreed with her and leaving a veritable path of destruction in her wake, she will finally have to answer for her actions. Whether she is convicted or not the fact she has been indicted says there was a strong layer of wrong doing.
Brian Gunn says
Now if we can just get a conviction of all the politicians that get dead people’s vote and all the corruption and stealing of the tax payers money for wasteful useless programs…
tulip says
Hallelujah!!!!! She finally got her just due!! Time to pay the Piper for her malicious and idiotic behavior.
James Roach says
She ruffled the wrong feathers somewhere. For a small town we sure are messed up!
Downtown says
Karma, it works like a charm.
Elda Maria Orozco-Delgado says
It’s time to get Our Government Officials responsible for THEIR actions…Now TIME to work on the BIG GUYS and work in going back to the principals that gave AMERICA the BIG SPOT in the WORLD…..
Joan Martin Berman says
It’s about time!
confidential says
Unjustifiable charges by a county trying to micromanage our elections even after one commissioner has the audacity and disrespect to call our SOE re-elected by over 60% of the voting electorate, call her a 5 letter B…. insult! That means that our choices at the ballot box do not count. This lady former constitutional official has done nothing wrong but trying to expose the underlines of what really takes place around us…and for that she becomes a sacrificial lamb about, no matter what takes place better “keep your mouth shut” or look what we can do to you.
Charles Gardner says
I promise this is the last time I will make this comment; “I voted for Apperson”.
KB63 says
It is ILLEGAL to tape private conversations. If she really found anything wrong with what was going on there are PROFESSIONAL ways to bring it to light. The idea that you believe a grand jury was seated to assist the county in micromanaging our elections and pick on this woman is ludicrous. Her paranoia, unprofessionalism, and illegal activity was her own downfall.
NortonSmitty says
I didn’t pay too much attention to this until now.. This sure seems like overkill with 12 felonies for taping conversations. It looks like Governor Skeletors move tho oust the guy with integrity to put his own hand-picked boot licker in charge of the FDLE to prosecute anybody who looks too hard at Republican corruption is paying off. The intention here is to get us all to focus on the evil deed and not the content of the recordings. Don’t fall for this! Why would Weeks risk everything to record conversations if there were not illegal doings meant to enrich the local political classes at our expense. Keep your eye on the ball. Demand the contents of these recordings be made public.
FBForever says
Excuse me “confidential” but taping conversations without consent is illegal. If she was half the professional she vainly attempts to be, she’d not only recognize that but utilize the appropriate avenues to blow the whistle on those she was trying to out.
My Daily Rant says
This is good news I guess,But what about Manfre our Sheriff what happened with his ethnic charges
He should be fired.I also wonder if there was any wrong doing with County Comish. takeing that $500,000
to let Salamander build that mess on 16th street, isn’t that like a Bribe PEACE TO ALL.
Robert Lewis says
God bless our judicial system.
confidential says
Corrective Note: Confidential is wrong, of course, about the recording of Commissioner Ericksen and Attorney Hadeed not being part of the indictments. Count V refers specifically to Weeks’s illegal recording of both. The full indictment was included at the foot of the story, and may have overwhelmed Confidential for its admittedly very long enumeration of felony counts beyond the one that triggered the investigation.–FL]
If what you refer to is the known taping of the county attorney and commissioners conversation; that was not illegal, as was posted in those rooms that all procedures were recorded. Maybe that is why is not mentioned in any of those 12 counts! Any of us can be recorded or video taped in any government building as far as I know… and probably is for our own safety and I have no problem with that as I have nothing to hide. The grand jury ruled on the provided data of 12 incidents that we have yet no details about.
One of them is NOT the number one trigger of the FDLE investigation on the indictment, “the taped conversation of county commissioners and attorney” Why..? Maybe because no crime was committed by Weeks? Then if no crime was committed with #1 complaint, how come FDLE was issued a search warrant? Just wondering.
Groot says
So many crooks and goofballs in local government! 35 years in state and county government up north and I never have seen anything like Flagler County. Why is some people seem to like to grin for a mug shot? It isn’t funny, 12 felony counts!
Drones do it says
” It is ILLEGAL to tape private conversstions ” ? Well, maybe its time to make it LEGAL so we can catch the corrupted Obama administration and all his anti-American gremlins !
miriam sheeler says
well well well, it would seem the apple don’t fall far from the tree,unless its on a hill.there aint no hill here .like the son has learned his lessons from the master.never does any wrong……..that karmaic wheel does have a way of rolling around sometimes crushing the wind hole
Gotta B Kiddin says
WOW If convicted of a felony, I don’t believe your able to vote, hum mm there is some kinda irony.
Ralph Belcher says
I don’t know if you can be recorded in the police department without knowledge, why should the Elections Office be any different. Speaks of a hostile office environment. And there you have it.
Eileen says
You get what you give…..very happy to say I did NOT vote for her
The Real Agenda says
The HIDDEN agenda…………..Screw the public, let us elected officials steal more money !!!! Mo-money Mo-money, Mo-money ….
confidential says
Corrective Note: Confidential is wrong, of course, about the recording of Commissioner Ericksen and Attorney Hadeed not being part of the indictments. Count V refers specifically to Weeks’s illegal recording of both. The full indictment was included at the foot of the story, and may have overwhelmed Confidential for its admittedly very long enumeration of felony counts beyond the one that triggered the investigation. The reference to FDLE as witch-hunters is also erroneous, given that FDLE’s leader was very recently ousted by the governor for refusing to politicize the agency.–FL]
Excuse me Forever ..the Number one taping of FC commissioners and attorney was not illegal and is what trigger the FDLE search warrant and investigation, but now is not even mentioned in those 12 counts…?
Because there was NO crime committed by Weeks on that tapping (they just forgot the recording was on)then the search warrant maybe was unjustified and indeed maybe the investigation botched? Weeks a Democrat and also is Sheriff Manfre in a red state run by these political witch hunters a real hard job . Try to be an honest SOE struggling to manage or monitor fair elections and a fair canvassing board in Florida right now and this is what you get. Don’t tell on us or will destroy you.
Will (#1) says
Wake up and smell the roses Confidential. Maybe you need to rethink your support of this wild woman.
Tracy says
I am so pleased and fortunate to be out of Flagler County. I have lived in larger cities, and in smaller areas similar to Flagler County and in all of my travels I have never seen a bigger mess in local politics. The blatant disregard for procedures and protocol, the regurgitated re-runs voted for again and again, the deliberate attacks and back stabbing of one another to better position themselves….disgusting! And the fact that Flagler County ‘royalty” believes that they are somehow better than those around them is pathetic and laughable. Small towns like Flagler attract exactly this type of power hungry scum that can’t make it in a big city, so they become the big fish in a little pond, and convince themselves that they are the center of the universe. I have seen first-hand the lives they have destroyed, and personally I never looked back when I left your backwards little town.
Mike hand says
Perhaps the state should look at Coffey and county commissioners re the money that Was missing after the audit of the county buildings . Then look at the deal at Bings landing ?????? start at the top state attorney and stop protecting those dummies in Flagler county administration.
[Corrective note: The commenter is mistakenly referring to an audit of the county buildings. The audit in question, which found $5 million to have been inappropriately spent and overseen, had to do with the building of the Justice Center–the new courthouse–which fell under the jurisdiction of the clerk of court and the management of the late finance director in the clerk’s office, Philip Pulliam, who died in 2008. The audit report is available here.–FL]
Nancy N. says
Why, NortonSmitty, would Weeks “risk everything” to record conversations? Well, why does anyone commit any crime? It’s rarely a logical risk analysis that leads a person to be behind bars. Maybe she’s just too dumb to realize she was breaking the law. Maybe she’s mentally ill. Maybe she’s so narcissistic she thought the law didn’t apply to her (see her comments to Flagler Live that “it’s my law”) or that she was too clever to get caught or above prosecution because of her office. Or maybe its extreme paranoia or a persecution complex. The point is…you’re trying to apply logical reasoning to an illogical process. You’ll never be able to explain it that way.
Ray Thorne says
Investigate the 2012 Election.
Derf says
Awwww….. Karma you are a heartless B**ch. Kimmy is getting what she deserves. Confidential, her actions provided enough justification / cause for a warrant to investigate her actions further. And guess what, she has not been arrested and will tried. I suspect it will all be settled before it goes to far. Kimmy will now have to pay for an attorney on her own dime this time. …. can you imagine Kimmy in an orange jump suit? LMAO.
Mike hand says
Mistakenly ????? .The audit showed 5mill indiscriminately used or missing means the same thing . I agree the clerk of the court was involved in this issue and the audit was called for by Mr Coffey and after he received did nothing to clear up the issue . The state never came back to re address the matter and the people involved were never investigated. Now let’s think about Barbara Revels she was in volved in that deal with the purchase of the old hospital . Please tell me received fair and just penalty . She should be removed from the position she holds as commissioner , these people hold the purse and $$$$ of the tax payers in our county , and they spend as they see fit . Ps mr Coffey gave himself a $ 17, 000 salary raise? And it was approved by county commissioners , putting him over $ 200,000
Groot says
You’re right Tracy and I think that may be why the FBI has been sniffing around here of late. Congrats on escaping.
Groot says
I’m curious about the deal at Bing’s Landing. I may be mistaken but I thought the county told me the lease on the bar-b-que joint was not to come up for renewal until 2016. I wanted to attend the proceedings for the lease renewal and made an inquiry. I read recently that the lease was already renewed.
Brad W says
About time. Glad to see her being held accountable for her actions.
Edith Campins says
If you read confidential you would think the law enforcement agencies investigating Weeks and the Grand Jury just don’t know what they are doing. Confidential obviously hasn’t bothered to read the law concerning the recording of private conversations, even in government buildings.
Mike hand says
Bings landing lease was a 10 year lease . It was signed and the rental started @$500 /month for year one and the rental increases are 10% / year . Year 2 is $550 do the math . Great lease for tenant not for tax payers . This is water front property a restaurant boat ramps etc. Good luck if you expect to see that facility come up for rent.
Brad W says
Ms. Weeks’ biggest problem has always been her obsession with insisting everyone in our local governments (mainly the County and Palm Coast Coast) were corrupt. Even when she found there wasn’t any, she went out of her way to try and create it. And based upon the tales of work history in the County government as an employee, this was not new for her to do. All the while the real problem, and integrity issues, in our local government were Ms. Weeks herself and an Elections Office that she has put it’s integrity (and everyone working in it today) in question.
She attempted to operate as Flagler County’s “Herbert Hoover” on some self-proclaimed mission when she should have been her mission and focus on growing voter turnout for local elections. And there are a lot of people locally that insist on all of this “corruption” going on, and when they can’t find it they too make it up with fiction and simply cause greater confusions. Just read through the comments here. IF our local government officials are as big a problem as so many make them out to be . . . then wouldn’t the smart thing be to take all of that time and energy and focus on getting voters to the polls for local elections? Yet, when it comes to elections for local positions we often see less than 20% turnout.
We don’t need more complainers. We need doers that can actually get something done with their so-called vast and quality experience in so many areas. As I learned very well years ago . . . when you point the finger at someone else, there are 3 pointing back at you.
lena Marshal says
Karma Kim !
NortonSmitty says
It wasn’t such a great lease for the five or so businesses that went bankrupt there before Chris turned it around, was it?
My 2 Cents says
No LIKE buttons here any more..or better yet, have a LIKE & DISLIKE button..
Most comments towards Ms Weeks are negative and well they should be. This next election I hope Flagler wakes up and gets Trey Corbett in. He should have been in office instead of Ms Weeks, hands down.
peggy sue says
She tried to do her best with no help. She tried to bring down the corrupt politicians in town . She was a wonderful Election Supervisor sorry to see her go.
Edith Campins says
I wish Peggy Sue would back up her claim about corrupt politicians with some facts.
I am tired of hearing the conspiracy nuts saying local politicians are corrupt without offering a shred of proof.
She was NOT a wonderful elections supervisor, she created problems and conflicts where none existed. As for Confidential, that person has no idea what he/she is talking about. The State Attorney General, FDLE and the Grand Jury all involved in some conspiracy for political payback? Really?
Our future? says
It has been said that “politicians are like diapers, both need to be changed often – and for the same reason” so, my question is: was she the dirtiest diaper, or do we need to change more too? Rhetorical question, really…
Take a step down says
well said, same applies to the dead lake fish camp chris and joe are doing great work at there respective locations
Beach clean-up says
so are body cameras legal???
Eugene Hartke says
Don’t antagonize the powers that be or you may end up facing 60 years in prison like Weeks
Layla says
Very astute, Mr. Smith. Agree with your last sentence 100%.
Layla says
Great comment! Standing ovation for you.
Just saying says
Law enforcement has some exemptions, then there is also the reasonable expectation of privacy standards. Besides, obama wants to give them to all cops, so they must be legal right?
Justin Case says
I did not vote for her, I do not care for her, BUT did she has a valid reason to tape something that was corrupt and going on? I do agree she made a bad choice, But I do believe there is something else that will come to light! Maybe when the audio is played in a court room there will be a discovery that our county commissioners are doing something worse than what she did? Just my observation!