Two Fernandina Beach city commissioners have filed legal action to stop residents from recalling them over a controversial paid parking program.
Commissioners Tim Poynter and Genece Minshew are seeking an injunction against a petition drive begun by resident Pat Gass to remove them from office.
Poynter and Minshew were among four members on the five-member City Commission who voted to institute paid parking downtown over a month ago.
They are asking a judge to stop Nassau County Supervisor of Elections Janet Adkins from certifying petitions seeking their recall. The commissioners also want to stop the validation of petition signatures and placement of the recall on a ballot.
The recall effort claims Poynter and Minshew might overturn a citizen-led referendum seeking to stop the paid parking program.
In response, the commissioners say the recall effort is “based solely upon political disagreement.”

“The alleged grounds, even if true, would not fall under the limited statutory grounds upon which a recall may be brought,” the filing states.
The recall petitions “are legally insufficient as they do not allege misconduct that can justify a recall election,” the commissioners argue.
The parking plan
The paid parking program arose after the City Commission decided to develop sources of revenue other than taxes to cope with issues of growth.
A report projected revenue of $1.5 million to $2.5 million annually if paid parking were instituted. That new money would help build a new $20 million to $25 million seawall, demolish Brett’s Waterway Cafe to expand docks and rebuild aging infrastructure downtown, the city said.
The plan for paid parking covers all public lots and spaces along Centre Street from Ash Street to Alachua Street. It also includes Front Street east to — but not including — 8th Street. There is a 20-minute grace period, allowing people to briefly park to run an errand without paying, city officials said.
Residents’ anger about paid parking — and what they consider harm to businesses and tourism — led to a petition drive to put the referendum on the ballot. The referendum could be held Aug. 18 or Nov. 3.
Meanwhile, other residents started another petition drive in February in an attempt to recall Poynter and Minshew.
The recall petition cites two claims against both commissioners: “misfeasance” and “neglect of duty” — for rejecting a proposed ordinance banning paid parking and for then putting the plan in place.
Minshew and Poynter, in their filing, dispute the allegations. The recall petitions misstate what occurred, they say, and commissioners “have the legal right to vote on matters brought before the City Commission,” the filing says.
The supervisor of elections has until late this month to complete verification of signatures on the recall petitions. Gass and Adkins have been summoned to appear in court to formally respond to the commissioners’ filing.
The next hearing is set for Tuesday in front of Circuit Court Judge Marianne Aho, court records show.







