Hernando Today
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Kingsley Seeks Firefighters' Support
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Published: May 14, 2008
BROOKSVILLE - County Commission Chairman Chris Kingsley says he has about 1,000 signed petition cards to get his name on the ballot for the November election.
That would make him almost 200 cards shy of the mark. He has until noon on Monday to reach the necessary 1,196.
To make that goal, Kingsley said he visited an unnamed number of county and Spring Hill fire stations this past week and handed out petition cards to get him on the ballot.
Democrat Kingsley is running for re-election for the District 5 county commission seat.
The commissioner stressed that he did not go inside the fire stations. Rather, he said he stayed outside and handed firefighters stamped, self-addressed envelopes with his card inside.
Kingsley said he told them to take the card home where they were free to either fill it out or throw it in the trash. At no time, did he pressure them, he said.
"If they chose not to deal with it, fine," Kingsley said.
Former county human resources director Barbara Dupre got reprimanded for having candidate petition cards — some of them signed — in her office during work hours.
That was deemed a violation of the county's policy on political activity, which prohibits county employees campaigning during work hours.
Technically, Kingsley is not subject to that policy because county commissioners are deemed state officials, not county employees, according to the attorney for the county clerk's office.
But that's not the way Kingsley sees it.
Recently, Kingsley had to return more than $4,400 of tuition reimbursement money after County Circuit Court Clerk Karen Nicolai caught the expenditure when the county commissioners' budget came in above expenses.
Kingsley argued he was entitled to it because he was a county employee and subject to the same benefits.
"I believe I am," Kingsley reiterated Wednesday. "I am elected by the people of Hernando County, and I serve them. I try to follow all the rules."
As a county employee, Kingsley said he believes he is bound by the county's policy on political activity. He also believes he did not violate it.
There is nothing wrong with going to fire stations and seeking support from firefighters, he said.
"It's pretty common," he said, adding that he was not the only county commissioner to do it.
Of the other four county commissioners, Diane Rowden said she solicited petition cards at a fire station.
Rowden said she visited a fire station in Spring Hill once last year.
"(But) it was outside of the fire station, in the parking lot, and they were on a break," she said.
Rowden said they were only petition cards. Even if they signed them, they were free to vote against her at election time, she said.
Commissioner David Russell said he has never used the petition process to get on the ballot and has never been in the position to solicit at fire houses.
County Commissioner Jeff Stabins said, to the best of his knowledge, he never gone to a fire station to solicit.
County Commissioner Rose Rocco said she would be wary of going to a fire station to solicit petitions because it could create a perception of putting undue pressure on firefighters and create a possible conflict of interest.
"They're employees," she said. "You don't solicit the employees."
When she solicited petitions during her campaign, Rocco said she chose generic locations such as the fairgrounds, homeowner associations or parking lots.
Still, as long as Kingsley did not go inside the fire stations or interfere with employee's business, it was probably all right, she said.
County Attorney Garth Coller said he could not give an opinion on the matter because he has an inherent conflict of interest. Coller added that he cannot give out legal advice as to whether they can or cannot do it because it is of a personal nature.
County Supervisor of Elections Annie Williams said all county employees are prohibited from conducting any political activity while they are on the clock.
If Kingsley asserts that he is a county employee, "He can interpret that any way he wants," Williams said.
Williams said she does not know if he broke policy without more information.
Jennifer Davis, spokeswoman with the Florida Department of State, said there is nothing in Florida Statutes that addresses county commissioners gathering campaign petitions on public property.
Kerrie Stillman, spokeswoman for the Florida Commission on Ethics, said there is nothing in the state ethics code that deals with it either.
The only question that arises, Stillman said, is whether there was a corrupt use of Kingsley's position to secure special privileges.
And, unless a complaint is filed and an investigation launched, there is no way of knowing, she said.
County Fire Chief Michael Nickerson said he was not aware of Kingsley's recent visits to the fire stations. There have been no complaints filed by any of the personnel, he said.
"Our personnel have been advised, via their union representative, to follow the county personnel policy on political activities," Nickerson said.
Nickerson said firefighters get the standard policy speech when political season begins. This year, after the Dupre campaign controversy erupted, Nickerson said he asked that employees again be reminded of the policy.
Nickerson said he has no problem with candidates visiting fire stations and asking firefighters for campaign support, as long as it is done off hours and doesn't interfere with the employee's duties.
Oftentimes, Nickerson said that is the only place where candidates can interact with firefighters, given stringent laws prohibiting them from being on mailing lists and protecting their addresses.
Assistant Spring Hill Fire Chief William Davies said his district also adheres to the county's policy on political activity. He also has received no complaints from any employees.
In fact, he didn't even know that Kingsley had visited, which he calls surprising. Normally, if a county commissioner makes a visit, there would be some talk going around, he said.
Like Kingsley, Rowden and Stabins are also up for re-election this year. But, unlike Kingsley, they have already completed the petition process.
In lieu of petitions, Kingsley has the option of paying the qualifying fee of $3,573 by noon, June 20.
WHAT THE POLICY SAYS
Hernando County's policy on political
activity restrictions includes the following:
"No county employee shall use his/her official authority or influence for the purpose of endorsing, promoting or interfering with an election or a nomination of office or coercing or influencing another person's vote or affecting the result thereof."
"Employees may express opinions on candidates or issues and participate in political campaigns only during off-duty hours. No employee can take part in any political campaign while on duty, in uniform or while wearing Hernando County insignia, or within any period of time during which the employee is expected to perform services for which the employee receives compensation from the county."
Source: Hernando County Human Resources Department.
Reporter Michael D. Bates can be reached at 352-544-5290 or mbates@hernandotoday.com.
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