- April 26, 2024
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A public service consulting firm has filed a discrimination lawsuit against the Flagler County Commission, the Flagler County Sheriff’s Office, the Flagler County School Board and the Bunnell City Commission. The county’s attorney said, “there is nothing unlawful whatsoever” about the process; FCSO said the lawsuit is “frivolous.”
The lawsuit, filed by Public Service Premier Consulting CEO Eric Josey on March 6, claims that an interlocal agreement between the governing bodies to move the Flagler Police Athletic League into the George Washington Carver Center violates the “Florida Interlocal Cooperation Act of 1969, and [is] against the will of Bunnell’s indigenous Black residents,” a press release said. The lawsuit was filed with the Flagler County Clerk of the Circuit Court.
“[The Carver Center] has historical nature, historical value and they’re just seeking to take over the place,” Josey said.
The interlocal has been a point of contention between Bunnell residents and the Flagler County governmental bodies almost since its inception. Josey said the Carver Center interlocal agreement violates the Cooperation Act — Florida Statute 163.01 — by listing the FCSO instead of PAL, which is a private entity and, he said, has no business being in an interlocal agreement, or ILA.
The press release said adding PAL to the Carver Center despite the will of Bunnell’s Black community was a blatant disregard for Bunnell’s only remaining historical preservation of the former George Washington Carver High School, which was segregated in Flagler County from 1948 to 1967.
“The Black community of Bunnell calls upon the Flagler Sheriff to terminate his pernicious action to displace their youth with floor hockey, shuffleboard, and police intimidation,” the press release said.
Residents have felt that the PAL would be taking up gym space that could be used by Bunnell residents, as well as feared the addition would mean additional fees for residents to use the gym.
“They’re taking over the building,” Josey said.
In response, County Attorney Al Hadeed told the Observer, the intent of the interlocal agreement is to expand services available at the gym.
“The thought process was that, ‘We’re bringing more programs, richer programs, a more robust series of programs there with improvements to the facility and in a safer environment,’” Hadeed said. “So it’s going to be an advantage to that community, to the youth of that community.”
Hadeed also said the other concern listed in the lawsuit about the manner the interlocal agreement was brought together — including listing the FCSO instead of PAL on the agreement — did not have legal standing.
“There was nothing unlawful whatsoever about that process,” Hadeed said. “It was fully vetted.”
Though PAL is a 501c3 nonprofit, it is under the realm of the FCSO, Hadeed said, and can be used to fulfill the interlocal agreement without PAL being listed separately.
The county and the other named bodies still need to file a joint response to the lawsuit, he said, as it is very early in the legal process.
The Observer reached out to the FCSO for comment on the litigation, and though FCSO’s policy is not to comment on pending litigation, FCSO General Counsel John LeMaster wrote the following statement in an email as an exception:
“Mr. Josey’s complaint is frivolous, without merit, and misrepresents the basic facts of the ILA. At the appropriate time, the County, School Board, City of Bunnell and the Sheriff’s Office will file a joint response which will make our position clear.”
That joint filing can be considered "our joint statement," LeMaster wrote.
