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Recall drive begins against Fernandina Beach Commissioners
Recall petitions seeking the removal of Fernandina Beach City Commissioners Genece Minshew and Tim Poynter became public Saturday when organizers began collecting signatures at the Fernandina Beach Farmers Market in historic downtown.
Under Florida law, recall petitions become public records once they are circulated for signatures. The petitions, which accuse both commissioners of misfeasance and neglect of duty related to their votes on the city’s paid parking ordinance, were made available as petitioners solicited support from registered voters.
Recall organizers have 30 days to collect 1,130 valid signatures from city residents.
The public circulation of the petitions does not mean the commissioners have been recalled, nor does it trigger an immediate election. Instead, the recall effort now enters a phase in which signatures must be gathered and later verified by the Nassau County Supervisor of Elections Janet Adkins to determine whether the process may proceed.
The recall effort is being led by former city commissioner Pat Gass, who is listed as chair of Recall FB 2026. Local real estate agent Roger Martin is the group's listed treasurer and Brooke Tuck its secretary. Martin said "today was a great start." He would not provide the number of signatures collected.
The recall statements allege that Minshew and Poynter voted in October 2025 to reject a certified citizen-initiated ordinance prohibiting paid parking without first requiring or reviewing a comprehensive fiscal impact analysis on downtown small businesses, tourism, and property values.
The petitions further allege that both commissioners voted Jan. 6, 2026, to approve and implement the paid parking ordinance despite the scheduling of a citywide referendum this August.
Florida law limits recall grounds to misfeasance, malfeasance, neglect of duty, incompetence, drunkenness, or permanent inability to perform official duties. At the petition stage, the truth of the allegations is not evaluated. Courts may, however, review whether the allegations, if true, would legally constitute one of the statutory grounds for recall.
If enough signatures are validated, both commissioners can submit a statement of defense against the recall effort.
State law also gives the commissioners Minshew and Poynter the right to challenge the legal sufficiency of the recall statements in Nassau County Circuit Court before the recall process advances further.
They could make a potential legal challenge that the allegations amount to policy disagreements rather than legally actionable misfeasance or neglect of duty.
Florida courts have historically scrutinized recall petitions that hinge on discretionary legislative votes, though each case depends on the specific wording of the petition and applicable law.
In a 1959 case involving a City of Miami councilman, the Florida Supreme Court case that is still cited in recall disputes, the court ruled that an elected official’s discretionary vote — even one that proves unpopular or controversial — does not constitute misfeasance or neglect of duty unless the official acted unlawfully or outside the scope of legal authority.
The court held that recall laws are not intended to overturn policy decisions with which voters disagree, but rather to address conduct involving a failure to perform a mandatory legal duty or an abuse of office.
If the recall language is not challenged — or if the court rules the challenge is unsuccessful — Recall FB 2026 petitioners conduct a second round of petition signatures this time requiring 15% of registered city voters. Those signatures would then be reviewed by the Supervisor of Elections.
If sufficient signatures are certified, the affected commissioner may resign or face a recall election.
City officials have noted that the filing and circulation of recall petitions does not affect the commissioners’ authority to continue serving or voting while the process unfolds.
The recall effort follows months of controversy surrounding the city’s paid parking program, which has also prompted litigation to halt its implementation and a voter referendum scheduled for August.
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Conrad2k
Whether you agree with the Commission's decision or not, the decision was not made solely by Commissioners Minshew and Poyner. Two votes on the commission are not sufficient, yet they are the only Commissioners targeted for recall. Why?
Also, regardless of your position on paid parking, voting is not malfeasance or misconduct. It's a policy dispute. Sometimes Commissioners need to make unpopular decisions. Do we really want a commission that will always shy away from difficult issues and kick the can down the road because they are afraid of citizen recall?
The petitions note that these Commissioners voted for paid parking in spite of a PROBABLE voter initiative against paid parking in August of this year. A probable initiative is not the same as an approved initiative. It seems that the anti-paid parking activists are jumping the gun.
Replacing these two Commissioners may well open the door for RYAM to get a second chance on their Bio-ethanol plant.
Think twice before causing us the expense, headache, and effort of a recall.
Tuesday, February 3 Report this
Conrad2k
Additionally, according to a Florida Attorney General opined on the subject of reimbursement a City of Sebastian commissioner's legal fees. In the memo the Attorney General said;
a "recall petition was based upon the actions of the city council member "performed in the course of his legislative duties while serving a municipal purpose." Under the rationale of the court's decision in Ferrara v. Caves, supra, the city council member's challenge of the petition or action seeking declaratory relief was an effort to defend himself against charges of misconduct. The city, therefore, is required to pay the reasonable attorneys fees incurred by the council member in such efforts.
This recall effort will just add more expense to the city's budget.
Tuesday, February 3 Report this