Clerk and city staff agree to interim parking-appeal forms, push to require notarized reasons and visual (Teams) appearances when feasible

Flagler Beach staff and the special magistrate reviewed the city's parking citation appeal forms and procedures at a March 26 hearing and agreed on a set of interim and follow-up steps to reduce confusion for appellants and staff.

Michelle Picciciello, clerk to the magistrate, led the discussion on a stack of proposed forms (notice of hearing, request for continuance, telephonic/virtual appearance request, transfer/assignment of liability for parking citations and an instructions packet). Staff, City Attorney Drew Smith and Code Enforcement Officer John Gifford joined the discussion. Picciciello said the current documents produced inconsistent outcomes and created extra work for staff and appellants.

Participants agreed to several near-term changes: use the revised package of forms as an interim tool while staff implements technical capabilities; add sworn/penalty-of-perjury language to telephonic-appearance and continuance request forms; add notary blocks where an assignment of liability is required; require that the registered owner sign the contest or transfer form (or otherwise appear) when the citation was issued to a vehicle's registered owner; and create a standard dismissal/withdrawal form that an appellant must submit if they choose to abandon an appeal and instead pay the citation.

The group discussed telephonic appearances at length. The magistrate and the city attorney expressed a preference to discourage purely telephonic testimony because visual cues assist credibility assessments and because staff needs to share photographs and other exhibits during hearings. The hearing participants agreed to pursue a visual remote option (Teams) as the preferred nonin-person alternative. The city clerk's office said the city has Teams capacity and could share screens; staff will check livestream/camera limitations and make technical arrangements to accept visual remote appearances.

Other operational decisions and clarifications recorded on the hearing record include: encouraging appellants to submit photographic and documentary evidence in advance so materials can be included in the hearing packet and clearly labeled as submitted by the appellant or by staff; adding explicit instructions to the contest form and instruction packet that filing an appeal preserves the case and that payment alone does not automatically terminate cost or hearing responsibilities unless a formal dismissal is filed; adding guidance on minor drivers (a minor cannot independently appeal; parent or legal guardian must sign and appear); and adding language to the contest packet that successful appeals must show the appellant was parked lawfully at the time of citation issuance.

Several practical items were assigned: Picciciello will circulate Word versions of the proposed forms to Drew Smith and other staff; Smith offered to add strike-through edits and to place sworn-statement/perjury text in the continuance form; the clerk will add a notary block and a dismissal form to the packet; and staff will explore online notarization and visual-appearance logistics. The parties agreed to use the revised forms in the interim and to refine them after technical checks and legal review.

The magistrate and staff said these changes aim to reduce administrative work, make hearings fairer and clearer for appellants, and ensure the city maintains accurate records of appeals, evidence and appearance requests. No formal vote was taken; the changes were agreed on the record and will be implemented administratively.

What happens next: the clerk will circulate updated drafts, staff will test Teams/camera capabilities and notary availability, and the magistrate's office will begin using the revised forms pending final edits.