September 12, 2006

September 2, 2006

Letter to the Editor

The Palm Beach Post, Published September 2, 2006

Enforcers stonewalling on illegal campaign signs

I am engaging the Palm Beach County Sheriff's Office, code enforcement division,

the planning/zoning/building department and the Palm Beach County administrator and

commissioners to address all the illegally placed campaign signs in the western communities,

on Seminole Pratt-Whitney Road and Northlake Boulevard.

The sheriff's office and the other county officials refuse to act against clear violations of state election laws.

The county's Unified Land Development Code prohibits these signs as well. Code enforcement officers

refuse to remove them, or even red-tag them.

If I were a candidate for office in one of these races and my competitors were installing illegally placed signs

in the county right of way, I would hope that I simply could contact the appropriate agency and have

them removed. How naive.

The only option I would have is to get my posthole digger and plant some illegal signs, too.

MIKE NICHOLS

West Palm Beach

Congressman Mark Foley (FL-16) seems to think that Palm Beach County's Code

Enforcement is the responsible agency to address the issue of illegal campaign advertising.

Dear Governor Jeb Bush;

This letter is to inform you of a serious problem I am encountering in Palm Beach County.

I have attempted, for the last three weeks, to have illegally placed political signs removed from

 the County right-of-way. First, I contacted the candidates and asked them to remove them.

No one volunteered to cooperate. Then, I contacted the Palm Beach County Sheriff Office

 to have the candidates cited for illegally placing their signs in the right-of-way.

The responding deputy would not issue any citations and I requested that a supervisor

contact me. I was contacted by Lt. Alan May, Watch Commander, 3rd District.

I explained that these were not  just sign ordinances that were being violated, but that

these signs were in violation of Florida Election Law FS 106.1435. I also stated FS102.091

appeared to command the Sheriffs Office to act on Election Law violations.

I informed him that the signs the candidates were placing in the right of way were 4ft by 4ft

and 4ft by 8ft wood framed signs with 2" by 4" legs. To install the signs they dig holes using a

 posthole digger and a shovel. In Florida, before you dig a hole in the ground in a right-of-way

 you must contact SunshineOne and notify them of the location so that they can send the utility

companies to mark the ground so underground utilities are not damaged. Needless to say,

none of the candidates bothered with that either. When I contacted SunshineOne they stated

 that the local Sheriff office is responsible for issuing citations for violations of FS556.

Lt. Alan May stated that the PBSO would not get involved and will not issue citations and

 that Palm Beach County Code Enforcement is the agency responsible for removing signs

 and refused to discuss the issue further.

I stated that Florida State Election Laws are being violated and that Palm Beach County

 Code Enforcement could not enforce Election Laws.

I filed an Internal Affairs complaint with the PBSO regarding the refusal to act on blatant

violations of Florida State Election Laws contrary to FS 102.091. One week later, I receive

 a form letter stating that the issues addressed in my complaint did not warrant a formal

investigation at this time. They never attempted to contact me for details or questions.

When I contacted Internal Affairs, they said that the Sheriff himself decides which complaints

warrant investigation. The complaint was filed against the Sheriff himself.

How can the subject of the complaint be the one who decides whether or not the complaint has merit?

I contacted the Florida Election Commission for information on filing a complaint,

an investigator; David Flagg stated his agency could accept complaints of violations of

 FS106.1435 but, FS102.091 was not his jurisdiction and that the local State Attorney

should be responsive to the complaint.  I contacted the State Attorney Barry Krischers Office

 and asked about filing a complaint against the Palm Beach County Sheriff Office for refusing

 to enforce FS106.1435 in violation of 102.091. The Public Information Officer stated that

they only accept complaints from law enforcement agencies, not the public. The Florida

Election Commission investigator said that I should bring this complaint to the State Attorney.

The State Attorney  promised to return a phone call. I left 6 or 7 messages, they never returned the call.

Both the State Attorney and the Palm Beach County Sheriff were totally uncooperative.

Both of these agencies offered nothing but stonewalling in regard to FS106.1435 and FS102.091.

I contacted Palm Beach County Code Enforcement to notify them of the illegally placed signs and their locations.

Terry Verner, Director,  Palm Beach County Code Enforcement responded that he had just sent a letter to all the

Candidates to remind them that political signs should only be placed on private property.

He was going to give the Candidates a week or so to comply before he would start enforcement.

After seven days the amount of illegally placed signs doubled. I again contacted Mr.Verner and

asked him to do something about the signs at six intersections in the western communities off of

Seminole Pratt Whitney Road. Mr.Verner said that he had priority and manpower issues and he would

send someone out ASAP. One week later on August 24, 2006 Mr.Verner stated that he picked up 100

of the little plastic yard signs but he refused to remove the larger 4ft by 4ft or the 4ft by 8ft wood frame signs

that are in the right-of-way. I contacted Barbara Alterman, Director, Palm Beach County Planning, Zoning,

and Building and Robert Weisman County Administrator in an attempt to get Palm Beach County

to take responsibility for addressing the problem.

Three weeks since my initial complaint, the signs STILL STAND.

If I was a candidate for office in one of these races and my competitors were installing illegally placed signs in the

county right-of-way. I would hope that I could simply contact the appropriate agency and have them removed.

How naive. The only option I would have is to get my posthole digger and plant some illegal signs too.

FS102.091 states The Governor may appoint special officers to investigate alleged violations of the election laws,

when it is deemed necessary to see that violators of the election laws are apprehended and punished.

Please help, obviously Palm Beach County Government has issues with Florida Election Laws.

                                                                                            Sincerely;

                                                                                             Michael R. Nichols

Ric Bradshaw, Sheriff Palm Beach Sheriff Office 3228 Gun Club Road West Palm Beach, FL 33406 (561)688-3000

Barry E. Krischer State Attorney 401 North Dixie Highway West Palm Beach, Fl 33401 (561) 355-7100 FAX (561) 366-1800 StateAttorney@sa15.state.fl.us

Terry Verner, Director Code Enforcement Division Vista Center Complex 2300 N. Jog Road, 2nd Floor West Palm Beach, FL. 33411 561-233-5500

The Sign Saga

WPBF Channel 25

August 15, 2006