Palm Coast: Mayor Norris trying to use legal system to oust Gambaro

Yahoo

04-06-2025

Embattled Palm Coast Mayor Mike Norris is trying to use the judicial system to oust a political opponent and force a costly election, which would not be authorized by the city charter anyway, according to a response filed by the city in Flagler County Circuit Court.
The court filing is among the latest legal action as Norris tries to unseat City Council member Charles Gambaro who, along with the other four council members, was part of a unanimous vote of no-confidence in Norris.
Circuit Judge Christopher France set a July 3 final hearing on Norris' request. In addition to the city, Norris filed the lawsuit against Gambaro and the Flagler County Supervisor of Elections Kaiti Lenhart.
The Palm Coast City Council submitted a formal complaint on May 9 against Norris with the Florida Ethics Commission, accusing him of violating the city charter and engaging "in a pattern of inappropriate conduct." Norris has denied wrongdoing.
Attorney Rachael M. Crews, representing the city and Gambaro, filed a response on Thursday, May 29, listing a number of reasons Norris' request for Gambaro's removal should be denied.
In the response, Crews wrote that Norris 'comes to the court with unclean hands' because he was 'improperly using the judicial system to undo a political opponent.'
Norris filed his lawsuit as mayor but, under the city charter, the mayor cannot make such a claim unless approved by the City Council.
Norris was using the wrong legal procedure in his attempt to challenge someone's right to hold office. That is done by a process known as 'quo warranto.'
The only parties who can start a quo warranto action are the Florida Attorney General and the person who claims he or she is rightfully entitled to the office. Norris occupies an entirely different seat on the Council and is not entitled to Gambaro's seat.
The Palm Coast City Charter does not allow special elections to fill vacancies except for the mayor's seat. So even if Gambaro were removed, the seat would be filled by appointment, not an election.
A special election for Gambaro's District 4 seat would be 'completely contrary to the city charter' and it would 'mandate the City (and taxpayers) assume substantial expense to declare and implement …' according to the response.
If Gambaro were removed, the 'only permissible remedy' would be for the city to appoint a new council member until the November 2026 election. 'This is the same outcome as the status quo.'
Gambaro has been in office for seven months and Norris did not challenge his right to be on the seat when he was first appointed in October or before or 'reasonably after' the November 2024 election. 'Plaintiff's delay appears to be a grossly inappropriate political attempt to bring into question prior votes and actions by the City Council,' the response states.
In a separate but related court document, the city argues that by the time Cathy Heighter resigned effective Aug. 23, "it was impossible to comply with the City Charter and place Seat 4 for election in November 2024." That would mean that the "next regularly scheduled election" would be in November 2026, according to the city's response.
In a separate filing, Flagler County Supervisor of Elections Lenhart asked the judge that her office be dropped from the case because her office is not responsible for declaring any vacancy on the Palm Coast City Council or qualifying candidates for the council. The city initiates the election process by notifying Lenhart, the response states.
Forcing Lenhart to litigate the case would "unnecessarily consume scarce public resources," the response for Lenhart, filed by attorney Sean Moylan, states.
Lenhart "has worked assiduously to avoid political disputes and to maintain a reputation of impartiality," which would be helped further by dropping her from the case, the response states.
This article originally appeared on The Daytona Beach News-Journal: Palm Coast disagrees with Mayor Norris' bid to oust Gambaro