First-year Flagler Beach City Commissioner John Cunningham made a motion to fire City Manager Dale Martin at the end of Thursday evening’s three-hour commission meeting.
The city attorney told him he couldn’t do it: the matter had to be on the agenda. “So be it,” Cunningham said.
Cunningham’s animus for the manager has not been a secret. He handed him the worst performance evaluation in memory in November. The surprise wasn’t the motion, but that he took this long to make it.
It wasn’t the meeting’s biggest jolt.
That came from Commissioner Rick Belhumeur who, two weeks and three days from Election Day, delivered his own February surprise: a list of seven accusations against the city manager’s “regime,” a word he used twice. He distributed a set of the accusations to his colleagues.
The documents were not his. They appeared to be those of his son, Benjamin Belhumeur, a Palm Coast resident. Benjamin also addressed the commission 20 minutes after his father spoke, urging it to take action on the material, which he said wasn’t actually his, either: “Recently, we’ve met some people who gave us information about some of the happenings in the city, and you can’t ignore them.” He didn’t say who the “people” were, further adding to the McCarthyist feel around the maneuver.
The documents’ serrated titles sum up the claims: “Favoritism Hiring.” “Procurement Fraud.” “False Statements.” “Hiring Policy Departure.” “Denial of [Performance-Based] Raises.” And so on.
Belhumeur is in a three-way election race with fellow-incumbent Scott Spradley and challenger R.J. Santore (who was in the audience). Neither the commissioners nor Martin had seen the documents before either Belhumeur spoke. The move by the father-son duo had the strong whiff of an election stunt. Benjamin Belhumeur in his introduction to the commission himself acknowledged “trying to do my best to help [his father] get elected.
Rick Belhumeur said it had nothing to do with the election, and appeared today in an answer to questions from FlaglerLive to be aware that he may have damaged, not improved, what had been solid chances to win a fourth term–and make his case immediately after the March 3 election.
“I understand that some may question the timing,” Belhumeur said today, “but I’m more worried about the city and the severity of these allegations than I am my own reputation as a candidate for office. I care more about the city’s future than I do about my own.”
Spradley, who’s always gotten along with Belhumeur and values his blue-collar perspective, had been taken aback not so much by Belhumeur’s accusations, which he has yet to digest, but by his method. “I am disappointed in the manner in which this came up. I have no idea if there are facts to support the allegations, and in fact I’m not sure what the allegations are,” Spradley said today. “I want to see the evidence to back them up then I’ll form an opinion.” He’d gone through the documents Belhumeur handed him, but they still left him perplexed.
“I am unable to form any conclusion about what they all mean,” Spradley said, “so I’m looking forward to hearing what the allegations may be and what the proof may be of all the allegations if this in fact is going to go forward.”
In summary, the documents Benjamin Belhumeur submitted, some of them repetitive, make the following allegations:
- A project manager, Michael Anderson, was hurriedly hired after a “truncated” job posting to ensure that a pre-determined and favored candidate was hired, denying internal candidates a chance. Benjamin Belhumeur calls it “a clear procedural impropriety and an abuse of discretion by city officials.”
- Bill Freeman, the city engineer, explicitly told a contractor to keep a bid below $35,000 so it could bypass City Commission review, possibly pre-empting competitive bidding.
- Cost of living raises were inappropriately melded with merit raises, so that some employees got cost-of-living raises but not merit raises despite good evaluations.
- Probationary employees were deemed ineligible for raises by the city manager.
One document suggests that “decisions may have limited equal opportunity for employees and could be considered discriminatory, warranting further evaluation for compliance with policy and fair employment practices.”
As with most, if not all the documents, it is difficult to match the severity of the accusations with the documents submitted. The accusations seize on decontextualized statements and scraps of information to reach damning conclusions, all the while dabbling in administrative minutiae that is not the purview of city commissioners.
For example, while Martin concedes the “optics” of a city engineer suggesting to a contractor to keep a bid below $35,000 to hurry a job are poor, it is in fact neither uncommon nor illegal–Friedman was repeating what is explicitly and publicly stated in city policy–and it is not “fraud.”
The unspoken irony in the accusation is that Freeman was attempting to hurry through a pet project of Belhumeur’s: a 900-foot concrete sidewalk to improve safety near the water tower at the south end of town. The project was completed. Belhumeur did not mention that Thursday evening.
Beyond that, none of the accusations seem to rise beyond struts and frets to the level of gravity portrayed by the Belhumeurs or to the commission’s purview. If anything, some of Belhumeur’s colleagues were concerned that he was meddling where he shouldn’t.
“Unfortunately, Dale does not hold his own staff accountable when he should,” Belhumeur told his colleagues Thursday evening. “He defends them over and over again. I’m not very happy with the regime he’s creating by changing the organizational chart without commissioner approval and hiring some individuals while ignoring our hiring practices. Our engineer [Bill Freeman] was hired under false pretenses and did not meet our minimum standards for an engineer as advertised. Dale’s ended up paying Mr. Freeman more than himself. Mr. Freeman goes by different titles–city engineer, public works director, public works administrator, however, he’s acting like an assistant City Manager.”
None of those claims, even if true, appear to fall under commission authority: a city manager has full control of his or her staff, and Martin notes that the hiring handbook is a guide, not an edict.
Belhumeur talked about Legacy Point, a 22-home development on Leslie Street, where a permit was issued allegedly at the city engineer’s direction, circumventing Building Department procedures. “Mr. Freeman doesn’t have the authority to give direction to staff of the building department, so that was out of bounds in my opinion,” Belhumeur said. “I don’t think anybody can say it wasn’t.” But even if it were, it’s an administrative issue that would concern the directors and the city manager, if they wanted to make an issue of it, not the commissioners.
Belhumeur also talked about unspecified hiring practices involving tampering with personnel files and other unspecified matters, saying “it’s time that we discuss some issues.” It was an allusion to the firing of Bryan Moisao in September, a firing that drew a whistleblower complaint by Moisao, who had been a probationary employee at the time, and who addressed the commission repeatedly.
The matter was heard by the city’s Personnel Board in mid-January and dismissed. (See the findings here.) There were no findings of “gross mismanagement or gross neglect of duty.” Admittedly the personnel board is an internal review panel that will favor management. But the matter has not gone further.
Asked today about the scope of his concerns crossing over into the administrator’s authority, Belhumeur responded: “Last night there was some confusion that I was trying to handle issues amongst the staff–this was not the case. Much of what I’ve learned, to include alleged abuse of power, falls on the staff of the city, yes. And it is true that personnel are the purview of the City Manager. However, the point that I was trying to make was that these issues have been ongoing –the abuse, and policy violations–about which the City Manager appears to be knowledgeable, and has taken no action–even after being approached about them. He may be responsible for personnel, but he is to be held accountable by the commission when he himself is not holding them accountable.”
There was circuitry in Belhumeur’s response, as there was in his presentation Thursday, prompting an exasperated Mayor Patti King to ask: “Can we get some specifics? Because this is like talking in circles that doesn’t make a lot of sense.”
None of the commissioners had a chance to read the documents Belhumeur passed out. They could only respond to his verbal presentation.
Commissioner Eric Cooley was unsure about what issues he wanted discussed. “I’m having a hard time tracking where you’re going with this, because this is kind of like you threw the kitchen sink on this,” he said. “This is general things. There’s issues with hiring practices. What specifically are you referring to?”
Belhumeur was requesting a workshop. Cooley cautioned about meddling in anything beyond supervision of the city manager or the city attorney, the only two employees commissioners hire or fire. Any administrative matters beyond those two employees are beyond the scope of the commission’s responsibilities. They fall exclusively under the city manager’s purview, unless policy set by the commission is violated.
“This has been going on a lot,” Cooley said. “City commissioners are getting drug into mollygrubbing in between employees. I’ve been confronted by it dozens of times, and I shut it down. I want to make sure we are not going down this road as a group. If we want to talk about city manager, we can talk about city manager, but that is it. And the only other things that we would need is things that are directly correlating to the city manager. I think that’s fair, but we are not here to run staff.”
“I don’t understand half of what’s being talked about, and also the direction this is going,” Spradley said. Neither Spradley nor Cooley favored a workshop. They agreed to an agenda item for a future meeting. It is unlikely to be on the Feb. 27 meeting agenda, and if it is on the next agenda, it will be after the election, with the possibility–now likely greater than it was before Thursday’s meeting–of Belhumeur having been unseated.
If Belhumeur is heard no more after March 3, Santore–who’s not campaigned as anything like Martin’s best friend: he’s tended to align with Cunningham–may not drop the matter. But his approach would be different. He’d not seen the documents for himself. “I’d want to review them myself and consult with legal counsel before forming an opinion,” he said this morning. “I’ve had my own concerns with how certain things have been handled by city administration. But concerns and evidence are two different things, and I’m not going to weigh in on something I haven’t read. If there’s credible evidence of wrongdoing, it needs to be taken seriously and handled through the proper channels. I do think that if a sitting commissioner shares those concerns, the proper approach is to use the tools available to them. Place it on the agenda, involve the city attorney, hire an independent investigator, or request a formal review. That’s how these things should be handled.”
Belhumeur only got immediate support from Cunningham, before Benjamin Belhumeur spoke.
“The town’s not being managed like it needs to be at all, no oversight, no accountability, no direction,” Cunningham said. “You got people riding around all over town and with no direction for accountability. It’s missing. I don’t know how involved you are out in the field and see what’s going on, but you should be. It’s very bad.” Referring to the Legacy Point project, he said it was missing numerous regulatory requirements, and “if I was inspecting it, I would issue a stop-work order.” Cunningham’s work background is in construction, land development and stormwater management.
Martin in the course of a 25-minute interview this morning was clearly put off by the manner of the disclosures and their source, particularly since Benjamin Belhumeur had been over at his house for “game nights,” with Benjamin’s son and Martin’s daughter getting along. Benjamin had never alluded to Martin that he was about to spring yesterday’s surprise. He’s not about to get invited again. But if there was a touch of defiance in Martin’s demeanor, there was more self-assurance: “I’ll be prepared to answer any of their questions,” he said, as if certain that it will all soon signify nothing.
CB says
Stick with Rick? Don’t let us get stuck with Rick. He loves exceeding his authority. He’s been doing it for years.
Mothersworry says
This is nothing but a desperate, underhanded, no balls move by Belhumeur and his kid. He just lost my vote.
Lance Carroll says
Send Rick Belhuemer walking…That would give him enough free time to F**CK with honest folks trying to make a living who support the Flagler Beach Community..
Jessica says
Comment disallowed.
Caleb Hathaway says
This attack against RJ Santore feels incredibly personal and partial. Mr. Santore has done a great job at getting involved with local affairs and shown dedication to growing within the commission seat and hoping to fix errors. He’s brought incredible professionalism in every conversation and is a very genuine man. This current commission make up has allowed various ill-circumstances to constantly occur, so a new voice within then board seems very intuitive and understandable. I also have no idea why the argument that if someone lives within a floodplain, than it automatically invalidates their arguments to protect floodplains. Majority of the houses built in floodplains within Flagler Beach predate this period and are mistakes from past methods. We should as a community recognize the faults and hope to prevent any more damage. This excuse seems needless and a poor jab to sabotage an argument that is looking out for the good of the community.
MG says
I’d like to reply to the comment made (deleted) by Jessica says, whoever that is. Hateful and demeaning comments attacking other candidates does not win elections and shows very poor taste on your part. It is very disappointing that these kind of personal attacks are allowed on this platform. Focus on the issues that are important to the residents of Flagler Beach and the facts, any personal comments regarding your misguided opinions about any particular candidate are a reflection of your ignorance.
FlaglerLive says
these kind of personal attacks are not allowed on this platform. That’s why it was withdrawn after it mistakenly slipped through.
Ray W says
Nearly 20 years ago, a well-known philanthropic Volusia County businessman suddenly died.
Personally, I barely knew him, but I grew up here and I knew his history.
The comments linked to the obituary ran into the hundreds. Many outpourings of grief. A number of the venomous who walk among us felt the compulsion to try to damage his memory.
I wrote my first ever comment linked to a News-Journal story. As I recall, it ran something like this:
“From the sorrow of many and the venom of few, it appears that … led two lives. In one, he owed a debt to society, a debt he paid in full. In the other, society owes him a debt, a debt that society cannot ever repay in full.”
Every FlaglerLive reader should know by now that I oppose the vengeful among us, the venomous among us, the hateful among us.
I agree with you, MG, that our government should not place limits on freedom of speech. But since the beginning of news publishing in our colonial days, not even Benjamin Franklin published every side of an issue. Many things did not see the light of day in his publications. The Federalist Papers found their way into only a few of the newspapers of the day. The Anti-Federalist Papers found their way only into a few of the other newspapers of the day.
If Mr. Tristam sets a comment policy in advance that everyone can understand, is it then his responsibility to publish any of the several comments that violate the policy? Should not it be wiser for commenters to study the policy and make an effort to write whatever they want to write in a way that conforms with the policy? Again, is FlaglerLive a government-owned news outlet?
Jason Willis says
I’m not sure what Jessica said on the post that was deleted but now I’m curious. Free speech is a wonderful thing right up until it offends YOU or ME. Then it becomes mean and vitriolic and has no place in our little town. I wonder how many on this platform have said mean and vitriolic things about President Trump, former President Biden, Kamala Harris, or a whole host of other people? A lot has been written and spoken about the threats to our democracy over the last few years and if you ask me a very alarming threat occurs when communities like ours become an island of like minded opinion, stuck with our only sources of news and information being small town blogs and newspapers that are run by those who try to promote their own opinions. All the while claiming that they also ne know what is good and what is decent and they must be the filter, the bastion of decency. That’s truly when free speech dies. Again, I have no idea what Jessica said, it may have been distasteful, perhaps even offensive, but isn’t that what free speech is allows? If Mr. Santore is elected, he will no doubt come under all sorts of scrutiny. Especially if he chooses to run for reelection in a few years and has to do so with a poor record. We should be able to see now how he reacts to mean or distasteful accusations so that we know what kind of temperament he has and how he reacts when he is offended. Don’t we deserve that type of look at him or are we stuck with the images we see on YouTube videos where he has carefully prepared responses?
FlaglerLive says
If you don’t comply with our comment policy, your comment doesn’t see light of day.
Im throwing Ricks sign out says
If all of that stuff was so serious, why did you sit on it for months and just now drop it all 2 weeks from election day Rick? If you cared so much, why were concerns not worked thru as they came across your desk?
I cant help but draw a correlation from this to what Carney did to that administrator over at county. Waiting till the very end of meeting, then under commission comments, non-agenda, just start unpacking everything under the sun you have a issue with but only speak in general terms?
Its cheap, hints at a stunt for attention, and most importantly shows cowardice by not addressing big matters straightforward and by procedure. This, like the county scenero are both too similar to ignore. Both of these electeds need to not see another term. They both have track records of this style of self centered disruption.
Uh oh... says
Cooley is correct. Commissioners who get deep into the woods with staff create an environment of fear and distrust among all staff who are helpless to defend against these elected officials. It also undermines the authority of the Administrator. Rick should already know the state rules on this.
This appears to be happening in the County offices as well.
Mothersworry says
If staff is afraid or apprehensive it would seem they need a way to get some sort of protection or at least somebody who can speak for them without fear of retaliation. There must be a union that would take up their issue.
Belinda says
A union. No no no. That would cause even more mayhem than we seem to already have from our current incumbent commissioner running for his position again.Why not hire commissioners that staff can actually speak to without being worried about being fired. Maybe some educated people that are steady and have run businesses? Do we have any of those running this time?🤔🤔. Oh my RJ Santore, fits that definition.
Mothersworry says
But it would afford the workers protection and perhaps stop intimidation. Damn!! What the hell was I thinking?? Workers rights?? No worker fear?? I forgot the only good worker is a scared worker.
Belinda says
No one wants them afraid. Proper management would solve the problem. It’s time for a change and we need someone that actually has had employees and knows how to run a business.
All the union would do is create more mayhem. We really don’t need any more of that at the moment.
It is not the commissions job to manage the employees. Their job is to manage the city manager.
The timing on all this is very suspicious and not fooling most of us.
Jessica says
Unfortunately we may be left with choosing the least bad candidate. Belhumeuer has started to be grumpy like Cunningham, as they are both getting older. But Santore has no experience, no volunteerism and his only claim to fame is working in his parent’s fireworks business. And from the sounds of it didn’t do that well. So, left with grumpy and experienced vs young, naive and coddled by parents, and either stupid or reckless, I’ll choose grumpy and old every time.
The really convincing thing for me came when I looked Santore’s address up online. He lives in the middle of a floodplain. All of his chat gpt speeches about protecting the floodplain didn’t help him with that? He drivels on and on, reading from an iPad, about how the floodplain should be protected. Another example of a politician who says “do as I say, not as I do”.
Let’s see if he’s willing to give up his house in the middle of the floodplain when voters figure out he’s the worst kind of hypocrite.
Jennifer says
I don’t know who you are, but you obviously have no idea what you’re talking about. I saw your original horrible comment before it was removed from this site. That kind of vitriol has no place in our community. You need to take a good look in the mirror and examine who you are before criticizing ANYONE, especially someone who has put in years into his family business, church, and city affairs.
Mothersworry says
The deleted post was by a Jessica not Jennifer
Jennifer says
Correct. I am Jennifer replying to Jessica’s second post about RJ Santore, which is slightly altered (and apparently newly approved) from her original post after eliminating an attack on RJ’s physical appearance with wildly inaccurate information. Totally uncalled for and unnecessary.
Dusty says
Well I am going to vote to replace Belhumeur with Santore just like I was going to do before these accusations. A few of the citizens attending the meetings have warned about the city manager’s history before he came here but as usual the commission with the exception of Cunningham do what they want and not what the voters ask.
OP says
Personally, I appreciate Mr. Belhumeur’s thoughtful consideration of his actions and statements.
It is evident that many residents struggle to fully understand the complexities of our city’s structure without a strong interest in local government. But it is easy to criticize. Having observed various projects and attended meetings over the past year from a resident’s viewpoint, I must acknowledge that the city appears to be facing significant disarray.
While this assessment may seem straightforward, the true situation often remains obscured until it is demonstrated through concrete actions. The role of the city manager is undoubtedly crucial, I believe; if entrusted with the responsibility of overseeing the city’s operations, it is only fair that they be held accountable for the functioning of local government. Should it become apparent that this responsibility is not being effectively fulfilled, I feel it is essential for those in leadership to acknowledge and address these shortcomings directly.
As a citizen and taxpayer of this city, I believe we deserve better administration. The current leadership seems to foster an environment where citizens do not feel welcomed or valued.
Uh oh... says
@OP,
And RIGHT before an election! How convenient.
Mr. Bill says
Another Belhumeur AMBUSH.
He did it to Larry Newsome when he was on death’s door. Larry told me that Belhumeur criticized him and his drinking publicly, when Belhumeur was his every night drinking buddy.
He did it to William Whitson and without a “fare thee well” he was fired.
He tried to do it to Commissioner Debbie Phillips, but she wouldn’t stand for his crap and he shut up.
Now he’s trying the same tired tactic on probably the most honest and hardest working City Manager we have had since 1987 when I moved here.
Folks…he’s a grandstander and attention hog with one thing in mind. Rick Belhumeur! In my humble opinion. As a speculative builder and developer of homes in Flagler Beach, he gives me real pause about conflicts of interest.
Speaking of conflicts of interest. Rick, do you still own that building lot in Veranda Bay? I hope you recused yourself from voting, if you still do.
Let someone else learn the ropes. Look what a great Commissioner and Board Chair James Sherman has become when he beat Rick Belhumeur the last time he ran. We made the right choice then.
Let’s make the right choice now. Say goodbye to the AMBUSHER.
J Arline says
Thanks for citing Rick’s history of holding City Manager’s accountable.
DE says
It’s really interesting. If you look back ten years, Belhumeur then was just like Cunningham today. He rode around town in his pickup truck, listened to complaints, and seemed to interact with (direct) City employees to get things fixed (lights, signs, garbage, swales). As an elected Commissioner, that wasn’t his role, and he got voted out. These days, every time Cinningham opens his mouth, he seems to be doing the same thing. Read his evaluation of the City Manager. He thinks that he’s entitled to interact with (direct) City employees because he’s a commissioner. When commissioners interact with City employees, they usurp the authority that the Commission grants the City Manager. Belhumeur learned his lesson. What he brought to the Commission appears to have been obtained through legal channels, such as FOIA. There are some very broken parts in the Flagler Beach City Hall. Is the leadership of the building department the people that citizens want overseeing growth? I don’t think so. This should be a wake-up call for the City Manager to take control and fix what’s broken or move on.
Mort says
Wait…this is sounding familiar. New Flagler County Commissioners?
Mothersworry says
Cunningham appears to be one with an ax to grind, sorta angry. Also not well prepared. But, I could be very wrong. Hopefully he will stay in his lane. Time will tell.
J Arline says
Cunningham has never fallen for Martin’s lies. Happy to see that Rick finally has actionable evidence upon which to act.
Sherry says
Yowza! Sounds like some cliques in high school. . . childish and backstabbing. . . unquestionably unprofessional.
Similar to what happens in Palm Coast and the county all the time. Is it that terrible tasting drinking water, or what? Are there basic “educational and mental” requirements to be a candidate for city or county commission? Just asking. . .
Bryan says
Reading some of these comments has been disheartening. Commissioner Belhumeur is involved in this community every single day, working through everything from small concerns to major issues that often aren’t visible to the public.
City Commission meetings are already very full and often hundreds of pages long, and there simply isn’t time to highlight every task and issue being worked on behind the scenes. That doesn’t mean the work isn’t happening.
Commissioner Belhumeur has spent time walking the city, identifying concerns and creating a running list of items that needed attention. He shared that list with the City Manager, who then passes it along to the City Engineer. When the City Engineer introduced me to it, it was referred to as the “Belhumeur list.”
A lot of effort is happening every day for the benefit of Flagler Beach, even if not all of it is always visible.
J Arline says
I’m told he’s releasing years of his “list” – showcasing countless projects and initiatives which without him would not have otherwise been addressed.
CarneyMustGo says
From what I saw, Belhumeur was citing issues he felt were the responsibility of the city manager, albeit not very well, and Cooley saw it as his attempting to wade into personnel issues. Cooley was mistaken.
Furthermore, Martin changing the city’s structure by means of rearranging the Organizational Chart is absolutely the purview of the commission as their vote is required to change it. His doing so is arguably the most damning policy violation I’ve been able to note, because it affects every aspect of the management of the city (such as Freeman ordering permits from the building department). And, if Martin’s staff are going unchecked, Martin is to be held accountable. Again, absolutely within the purview of the commission.
I’ll also note that the hiring handbook, often referred to as the employee handbook, is officially known as “Personell Policies of the City of Flagler Beach.” Sounds like an edict to me…
It appears to be that Belhumeur acted as soon as he had hard evidence that Martin has been complicit in the mismanagement and failures of the city. To that point, even Santore is quoted as saying that “…concerns and evidence are two different things…”
The city has never had any whistleblower cases. During Martin’s tenure, we’ve had two.
I’m now hearing that this issue is indeed getting its own agenda item for the meeting on the 26th. I don’t know about the rest of you, but I’ll certainly be there.
(anonymous because some of you are crazy, but I still think Carney needs to go)
JohnX says
Dale seems like a good manager to me. The few times I have sent material to Rick I received no response at all. Of course every municipality could use its own DOGE volunteers but I have no reason to believe the town’s money is being wasted. Most of the things I read in here seemed to indicate the manager was making sure less money was spent on raises, not more.