Port Authority elections should not have been partisan, ever. And yet, they were.

artwork courtesy:  AnnArborChronicl.com
artwork courtesy: AnnArborChronicle.com

Reprinted with permission from November 14, 2014 ncflindependent.com post written by

Mary Maguire

 

While local eyes are keeping a tight watch on the master plan for the Port of Fernandina, there has been an eye-popping situation happening behind the scenes over elections to the board of the Ocean Highway & Port Authority.

According to Supervisor of Elections Vicki Cannon and the Port’s outside counsel Clyde Davis, the port did not have authority to conduct partisan elections for its board, ever. Yet, the Port has been holding races along party lines for decades. Election authorities in Tallahassee have been notified and so has State Senator Aaron Bean, said Cannon.

The Independent found this story today while reviewing Port documents.

In an interview this afternoon, Cannon said that she discovered the situation just before the recent primary elections while researching the Port’s charter for another matter.

“I was like, ‘Oh my gosh.’ Yeah, it was shocking to me. And I thought maybe I was missing something,” said Cannon. “I looked at the charter and it said that the elections are nonpartisan,”

She said she dug deeper into her research, pulling out documents that were several decades old.

“I thought maybe something changed (over the years) and I went back into the 1980s. I stopped there when I didn’t find anything different and I immediately called Clyde,” said Cannon.

She said she also called state election authorities and got in touch with Sen. Bean’s office. She said she asked the senator’s staff to collect as many charters as they could find for review.

“They didn’t find anything different,” said Cannon.

Are the elections still valid?

“I don’t know,” said Cannon. “That’s not for me to decide.”

Should the most recent election have been stopped?

“No, this had nothing to do with the ballot,” she said.

Cannon said that for her, the ethical thing to do was to spread the word quickly. She likened it to finding a grocery store item in your bag that you had not paid for.

“I’d go back to the store immediately and pay,” said Cannon. “I work off my conscience.”

Cannon said she is planning to alert election supervisors from across the state about the issue at a meeting to be held December. She said election officials often work off modern templates and she would like to see additional safeguards put in place.

“There are thousands of special districts (like the Port) and laws change all the time,” said Cannon. “I don’t go around here and say hey, give me a charter. But I will do a qualification form.”

Cannon said that she has fielded phone calls from several Port commissioners on the issue.

“They’re concerned,” said Cannon.

In an email this afternoon, attorney Davis said that moving forward elections to the board will be non-partisan.

“I’ve advised (Cannon) that there is nothing in our Charter that calls for election of Port Commissioners to be partisan and that it is my opinion that under Florida law, election of the Port Commissioners should be conducted on a non-partisan basis,” said Davis.

He called the issue an honest mistake.

“I have also advised our Port Commissioners that, regardless of whether their elections were conducted on a partisan or non-partisan basis their service is valid and their actions lawful,” said Davis. “Perfection, legal or otherwise, is impossible.”

Davis also said this:

“It is a good thing that the law does not require perfection, only honesty.”

Port Authority commissioners debated whether to change the charter to partisan elections at last night’s board meeting. The vote was 2-2, and the resolution failed without a majority. Commissioners Danny Fullwood and Brian Reaves supported partisan elections. Commissioners Carol Franklin and Richard Bruce voted against the measure. Commissioner Ron Braddock remains out on medical leave.

 

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Steve Crounse
Steve Crounse (@guest_24235)
9 years ago

Who the hell are these people on this OHPA Commission to change the election requirements on themselves. The charter of the Nassau County Ocean highway and Port Authority calls for non-partisan elections. So these people were not put in office under the guidelines of the OHPA charter. these five commissioners have no authority under the law. Recluse these Commissioners from any outstanding issues and call for new elections. I would nominate Chuck Hall and Faith Ross, give me a minute and I’ll come up with three more names.

Peggy Bulger
Peggy Bulger(@peggy-bulger1949gmail-com)
9 years ago
Reply to  Steve Crounse

Well said . . . give me a ballot!

Ed Philemon
Ed Philemon (@guest_24287)
9 years ago

I am surprised the OHPA outside legal counsel, Clyde Davis, was not aware the Port’s commissioner elections were to be conducted on a non-partisan basis. Attorney Davis states that moving forward, elections to the Board will be non-partisan. Davis also states he advised the Port Commissioners that their service is valid and their actions lawful. Further, he stated the partisan held elections were an honest mistake. After becoming aware that the elections were in violation of Florida law, The OHPA Commissioners then held a meeting and held a vote to change the charter to conduct partisan elections. Why would Mr. Davis, as legal counsel, permit a vote among the Port Commission knowing the situation could/should not be resolved by the same organization that is in violation of Florida law. Any legislative actions by the Port Commissioners should be placed on hold and an independent review can be performed.
Ed Philemon
Fernandina Beach

Faith Ross
Faith Ross(@faith-ross)
9 years ago

The subject of non-partisan elections for the Port Authority probably would have remained an undiscovered error if the Port had not decided to become controversial. It would be interesting to know who found the error.
At this point, it will also be interesting to see how Tallahassee handles the situation. It will be difficult to “un-authorize” the disbursement of government funds for the last 25 years!

Steve Crounse
Steve Crounse (@guest_24298)
9 years ago

Mr. Davis said in his interview with the Observer about this little glitch. “It is a good thing that the law doesn’t require perfection, only honesty” Come on, is that why cases are thrown out of court because a date is wrong or an I is not dotted,or a T is not crossed.? All the law needs is honesty,really? I’d like someone to comment on this who knows the law. Help us out. Buy the have the commissioners and counsel read the charter.?

Berniece Thornton
Berniece Thornton (@guest_24308)
9 years ago

These same Commissioners and Attorney are to decide if Kinder-Martin is to “own” our Port. Scary, as they seem to have no problem ignoring laws. Laws written to maintain a non-partisan, civic minded Port Commission. Those who went ahead and ignored the law should be removed or resign immediately.

Joe Winston
Joe Winston (@guest_25695)
9 years ago

Now may be the time to think…about having a test on any charter for any person moving on to a board that has a charter. That would require the tester and the board member to have read the said charter. If an attorney is hired to work for a board it would be required that he/she read the charter to understand the guide lines of the post.
When a new Port manager is hired they should be required to read the charter so that person understands the post. If you were running to be elected to the post you would have seen the error had you read the charter.
With all of that in place we would have had less of a chance for the (quote Mr Davis) “lack of perfection”.