Elections, Employment and Tantrums: A Look at the Sparkman Case

Background on a 2020 Lawsuit

In a 2022 article published in the Wakulla News, the details of a complaint filed by former property appraiser candidate Colby Sparkman in August 2020 were highlighted. The controversy arose after Brimmer won the 2020 election by a mere three votes. Following a review, the Wakulla County canvassing board identified 53 ballots with signature discrepancies. While efforts were made to rectify the issues, the board managed to cure all but 12 of the affected ballots, which belonged to absentee voters.

Interestingly, one of the 12 remaining absentee voters, Deborah Russell, who also had a pending case with the Wakulla County Property Appraiser, did cure her ballot but requested that it not be opened due to concerns about privacy. The appellate court found that the Wakulla County Canvassing Board met their obligation to contact all absentee voters. The allegations against Brimmer, personally, were dismissed by way of qualified immunity. The remainder of the lawsuit against Ed Brimmer in his capacity as property appraiser was part of a later settlement agreement discussed below.

A Second Lawsuit Filed

The woes of the Property Appraiser’s Office did not end there. In 2021 Sparkman filed an employment lawsuit against the Property Appraiser’s Office.

In a notable political scenario, Sparkman, who was serving as the GIS Service Coordinator at the Property Appraiser's office, made the decision to run for the position of property appraiser following the arrest and removal of Brad Harvey. The primary election revealed a close contest, with Brimmer initially declared the winner by a mere three votes. However, issues arose regarding the counting of some votes, casting doubt on the election's integrity. In response, a recount was ordered, which ultimately reaffirmed Brimmer's status as the victor.

To reiterate, the Wakulla County canvassing board rejected twelve vote-by-mail ballots due to issues with the signatures. In accordance with Florida law, voters are granted a 48-hour window to address discrepancies in their signatures to ensure their ballots are counted. Understanding this procedure, Mr. Sparkman stepped forward to reach out to these voters, offering them the opportunity to rectify the situation. His proactive approach not only exemplifies civic duty but also highlights his commitment as a candidate to ensure that every legitimate vote is given a chance to be counted.

During the process of contacting voters, county administrator David Edwards conversed with Supervisor of Elections Buddy Wells, who subsequently instructed Sparkman to stop calling voters for signature verification, as documented in court records.

A Curious Series of Events

The following series of events ensued, according to the complaint:

• Brimmer was served with Sparkman’s election contesting lawsuit (August of 2020)

• In or around December 2020, Sparkman was on vacation and Brimmer attempted to contact plaintiff in order to fire him.

• Brimmer attempted to have the Office Manager fire him and she declined.

• January 5, 2021 Brimmer was sworn in and close to or on that day Sparkman was called into a meeting with Brimmer and an attorney ad was terminated.

• Brimmer stated that he was terminating Sparkman’s employment because he did not think he would be loyal to him.

It is curious that County Administrator David Edwards was involved in communicating his desire to the Supervisor of Elections to ask Sparkman to stop contacting voters in an attempt to cure ballots. In looking at the organizational chart for Wakulla County, the Property Appraiser’s and the Supervisor of Elections offices operates independently and lateral to the County Administrator. What business did David Edwards have in meddling in their affairs? Could tax assessments been at play with a new property appraiser?

The Aftermath and Discovery

After Sparkman was terminated, Brimmer hired a twenty two year old who had not yet graduated college and had no experience GIS services, to replace Sparkman. Could this type of hiring practice been a precursor to a fat finger mistake? The rapid timing of the hire is also curious. Through further dissemination of records, a few excerpts of sworn deposition from former Supervisor of Elections, Buddy Wells revealed more detail on what sparked the cease and desist of Sparkman’s attempt to cure voting ballots and the County Administrator's contribution to the fiasco.

The Settlement

The settlement for the Sparkman case came in at $150,000.00 outlined as follows:

What is Qualified Immunity?

Qualified immunity is a legal principle that protects government officials, such as law enforcement and prison personnel, from civil lawsuits unless they have knowingly violated established legal rights. This doctrine is intended to shield public servants from frivolous litigation, promoting the idea that they should be free to make decisions in their roles without the constant fear of being sued. A key aspect of qualified immunity is the requirement that the right infringed upon must be clearly established at the time of the alleged violation. In the case of Mr. Sparkman, the court concluded that there was no infringement of civil rights thereby upholding the qualified immunity that shields the officials involved from accountability.

A synopsis from the FACT (Florida Association of Counties Trust) attorney assigned to the case: