Last Updated: 1:51 p.m.
Circuit Judge Chris France on Thursday signed the judgment against Palm Coast Mayor Mike Norris, who had filed suit to have the court remove fellow Council member Charles Gambaro and order a special election.
France ruled on the matter at the end of a 50-minute hearing last July 3 with Norris in attendance. The written judgment spells out the ruling and closes the case, unless Norris appeals.
His reaction to the ruling suggests he will seek to change the wording of the charter rather than appeal. “This outcome has highlighted a deeper issue that needs resolved. Our city charter must be revised,” he wrote on his Facebook page after the ruling, pledging to “to fight against special interests, to take a stand for transparency.” (He has blocked FlaglerLive from the page, which appears to be illegal since he uses it to communicate city business with residents.)
The judgment concluded that Norris had no standing to sue. He could only do so if he had been delegated the authority to do so from the Florida Attorney General, which he did not, or if he himself had a claim to the District 4 seat occupied by Gambaro, which he did not. On that count alone, Norris’s claim for declaratory and injunctive relief failed, the order states.
“Even if Plaintiff had standing, which he does not,” the court ruled, “the passage of essential election deadlines prior to Heighter’s resignation and the proximity of the resignation to the general November 5, 2024, election thereafter, created a logistical impossibility of placing District Seat 4 on the November 2024 ballot. Accordingly, under the facts of this case, the next “regularly scheduled election” for District Seat 4 as contemplated by the Palm Coast City Charter was November 2026.”
Norris contended that while the council had the authority to appoint Gambaro after Cathy Heighter resigned in August 2024, the Gambaro appointment should have not gone past the Nov. 5 election, and that the council should have held an election for the seat on that day. He based his argument on the charter. The charter is poorly written on that score, leaving room for interpretation.
Supervisor of Elections Kaiti Lenhart had made clear at the time that logistically, there was little time for a special election, and no time for candidates to qualify by petition and avoid paying a qualifying fee of over $2,000. The deadline for a final list of candidates was Sept. 6. “That is an absolute deadline,” Lenhart wrote FlaglerLive in August, “our testing procedures must be completed before the Federal deadline to mail ballots to overseas civilians and overseas uniformed service members by September 21.”
Heighter’s resignation became effective Aug. 23. The council discussed adding an election to the ballot but opted for an appointment. It could not have held a special election past Nov. 5. A special election “is not contemplated by the Charter for vacated Council seats,” the judge’s ruling reads. “The City’s Charter only allows for special elections when the Mayor’s seat is vacated or there is a recall.”
The city was represented by Rachael Crews of the GrayRobinson law firm. Crews drafted the order. City Attorney Marcus Duffy said Norris’s lawsuit, filed in May, will cost the city around $30,000. Gambaro sought to have Norris pay the fee. Norris said he will not, and said from the dais that he didn’t care if he “cost the city a million dollars.”
The independent investigation of Norris the city conducted at the council’s request, which found him to have violated the charter, among other misconduct, cost $15,000. Norris on Tuesday said he will seek reimbursement from the city for the money he is spending to defend against an ethics complaint the council filed against him, subsequent to the investigation and the council approving a unanimous censure of the mayor, and a vote of no-confidence in him. Norris conceded unanimity by being absent from that meeting.
Norris’s surprisingly measured tone in the immediate aftermath of the July 3 ruling may have been a fluke. In Facebook post today, he called Gambaro–a former member of President Trump’s national security staff, in 2017–a DEI (Didn’t Earn It) Hire,” dismissed the judge’s ruling, saying that the seating of Gambaro had “disenfranchised more than 60,000 residents of Palm Coast,” and ridiculing France’s ruling, added, “Sorry, that dog doesn’t hunt in these neck of the woods.”
He then posted Gambaro’s personal cell number in retaliation for Free For All Fridays Host (and Flagler Broadcasting President) David Ayres this morning asking listeners courteously to text their support of or opposition to Norris on his cell phone. The difference is that Ayers provided Norris’s city-issued phone, not his personal number.
John O says
So Charles Gambaro wants Mike Norris to voluntarily pay his legal fees out of his own pocket and not run up any more legal bills for the city. I have a better idea. How about the entire city council change the wording in the bylaws to prevent the appointment of unelected officials and then Charles Gambaro and Dave Sullivan both voluntarily step down from their seats and let the people of Palm coast elect who they want representing them.
Critical Eye says
The stupidity of this Mike Norris Dude is beyond astounding.
He should have packed his bags up months ago and resigned as mayor. But no he prefers to continue making sure everyone knows just exactly how brain dead he is.
Some people say he’s full of ego but I believe it’s even goes deeper than just ego. I’m not a psychiatrist but I have studied psychology for many years. I believe he suffers from several mental disorders.
Norris refuses to resign as mayor , he refuses to accept the fact he has failed the position as mayor. He has violated and been found guilty of violating Palm Coast city charter for several offenses. He tried and lost his court case to sue the city of Palm Coast in an attempt to have council member Gambaro removed. He refuses to accept his responsibility to pay for his court costs. He refuses to pay for the investigation conducted for his city charter violations of which he was found guilty. The total amount of both of these unnecessary and costly lawsuits comes to a whopping $45K. He has stated he’s entitled to make the City pay for both those lawsuits plus any other charges he may incur by suing the city further for any other reason he might decide to bring to court. No matter how many times he looses he flat out said he will not pay for anything.
Norris has made it clear he doesn’t give a damn about Palm Coast or Palm Coast citizens. He doesn’t care if it costs Palm Coast citizens a million dollars.
IMO Egomania fits Norris perfectly
Egomania is a psychiatric term used to describe excessive preoccupation with one’s ego, identity or self and applies the same preoccupation to anyone who follows one’s own ungoverned impulses, is possessed by delusions of personal greatness & grandeur and feels a lack of appreciation.
The time has come when all of us citizens must insist that Mike Norris be removed immediately from the mayor position,and be banned from running for any future city government position.
FlaglerLive says
There are no bylaws. The council is controlled by the city Charter. The charter may be revised through amendments approved by voters at a referendum. A Charter Review Committee is being assembled in coming weeks and will be proposing amendments for the 2026 ballot, though Norris opposes referendums on non-presidential election ballots, which would, unless the other four council members override him, prevent changes to the charter until 2028.
KMedley says
According to the City Charter, Article IX (2)(b),
https://library.municode.com/fl/palm_coast/codes/code_of_ordinances?nodeId=CITY_PALM_COASTCH_ART._IXGEPR
“The Mayor and each council member shall appoint one Committee member”, referring to the 5-member Charter Review Committee (CRC). The CRC is to be “appointed at least one year before the next scheduled general election and complete its work and present any recommendations to the City Council no later than the April April 1 before the next general election”. Now remember, the City Council gets to decide which recommended amendments are add to the ballot.
Judge France is correct. The City Charter is flawed. According to the Charter, Article VII – Elections –
Regular city elections are those scheduled for the first Tuesday after the first Monday in November in even-numbered years. Hence, the November 2024 General Election was a regular city election. Yes, the vacancy from Ms. Heighter’s resignation was within 6 months of the general election; however, the Charter does not contemplate the requirements of candidates that must be met to appear on the ballot. Had the City Council delayed the appointment, a total of 4 would have remained. Now, add the Stevens’ resignation, and, if an appointment had been delayed, then there would be 3 on council. That’s not what the Charter intended.
https://library.municode.com/fl/palm_coast/codes/code_of_ordinances?nodeId=CITY_PALM_COASTCH_ART._VIIEL
Article IV (7)(e), Filling of Vacancies is flawed in that Special Elections ARE NOT contemplated for the vacancies of city council. The process to fill vacancies is, in my opinion, confusing to say the least. However, absent language which provides for a Special Election to fill a city council vacancy, the current process is what the City Council relied upon for Mr. Gambaro.
The filling of vacancies occurring within the first two years of the term requires an appointment within 90 days by a majority vote of remaining council members. If the vacancy takes place within 6 months of the next “regularly scheduled election”, the Council may delay; however, if the appointment is made, it lasts until the next regular city election and then the seat is declared open. So, I believe in the Gambaro and the Sullivan case, that would be November 2026.
https://library.municode.com/fl/palm_coast/codes/code_of_ordinances?nodeId=CITY_PALM_COASTCH_ART._IVCICO
It seems to me the ability to appoint by council is what many find objectionable. I am of the belief whenever possible, questions such as who should fill a vacancy should be decided by the voters. Special elections can accomplish this; however, they will come at an expense to taxpayers. An all mail ballot election would help keep costs down; however, current law does not provide for all mail ballot elections when candidates are to be on the ballot.
Hopefully those who will soon gather to review the Charter will be able to make the process to fill a vacancy one the voters, rather than the attorneys, can follow.
Ed Danko, Former Vice-Mayor PC says
Norris needs to resign before our great Governor removes him. Enough stupidity is enough!