Palm Coast Mayor Mike Norris tried and failed Tuesday to get the council’s approval for a “legal opinion” about the propriety of the previous council’s October appointment of Charles Gambaro to the seat Cathy Heighter had resigned. Norris said he wanted a legal document protecting the city in case the city was sued over the appointment.
It was a puzzling move. Intended or not, Norris’s move could potentially create antagonism from the chair responsible for unifying the council to the extent possible. Though Norris said he had “nothing against anyone.” He did not preface his request by addressing Gambaro to at least defuse the appearance of questioning Gambaro’s legitimacy as a council member until later in the discussion, when he said “it’s nothing against you, Charlie.”
Norris’s first words on the matter were to Marcus Duffy, the city attorney, as if the two had already had a conversation about it, and that Duffy may have (wisely, if that was the case) tried to dissuade Norris from going ahead with the proposal.
“I told you I wasn’t going to do this this, Marcus, but I have to, because with me being the figurehead of the city, I have an obligation to the Constitution, the state constitution and the city charter,” Norris said. “So what I would like to ask among the members of the city council, if we can come to a consent agreement to have our city legal counsel draft up a formal opinion regarding the appointment of the District 4 seat, and just for us to be covered, because there is legal questions to it, and I just want a legal, a formal legal opinion from you to the city council regarding that appointment.” Norris was referring to an interpretation of the charter, which he explained as “what’s going to cover us in court, if we go to court, if someone sues us.”
It is not clear what “legal questions” about Gambaro’s appointment Norris was referring to. There have been no intimations of such a lawsuit. There has not been so much as a hint that anyone in the public–or on the council for that matter, until Norris spoke of it Tuesday–would challenge the Gambaro appointment. What public dissatisfaction was expressed when he was appointed on Oct. 1 was with the choice more than the process.
Before the appointment there’d been some public requests for a special election, and people voiced complaints that a council with three members about to step down, all of them defeated in elections (for the council or the County Commission) should be making an appointment that the next council could make in a matter of weeks.
Once the council settled on going the appointment route before the next council was seated, the debate shifted. City Council member Theresa Pontieri and several residents expressed surprise and displeasure that Darryl Boyer wasn’t the appointee. Some residents were disappointed that Sandra Shank, a member of the city’s planning board, was not chosen. But by then none of the criticism focused on the process. The debate was political, not procedural, as was the criticism, and once Gambaro was appointed, he was accepted–and applauded–and the council moved on.
Boyer certainly had no intention to challenge the result. “I never heard of any type of lawsuit,” Boyer said today. Norris’s move was news to him, and he said he wasn’t challenging the appointment. “It’s over with.” He said He hadn’t heard of anyone else going that route, either. Council member Theresa Pontieri said in a brief interview today that she had “not gotten any word or hint or anything like that of any lawsuit,” though she has received emails from a couple of people who frequently address the council, claiming the charter was violated. Those emails may have also been sent to the mayor.
Norris did not respond to questions before this article initially published.
Duffy told the mayor that the legal opinion would not change anything, even if provided. He said he’d already provided his legal opinion t the previous council, in emails. He was willing to do so again more formally, but ” it does not change anything. Only one person could change something, and that’s a judge.”
Courts are not in the habit of second-guessing local governments’ appointments, however. Council members have no authority to suspend or remove a fellow council member absent specific causes of actions spelled out in the charter, such as if a member is charged with a crime or misses too many meetings. Norris said it was only a matter of “the process and upholding the law, from the constitution to the state constitution to the city charter.” But he did not point to any part of any of those documents that may have been violated, though he suggested that the charter had not been followed. “I spoke to a federal judge today, and his opinion is quite different than yours. Marcus,” Norris said.
Pontieri was at first open to the idea, but on reflection, opted against giving her consent. “Obviously we’ve already taken steps based on legal counsel’s opinions previously, and suggestions, advisement previously,” Pontieri said. Further opinions would be costly and would open the city to vulnerabilities “because we’re asking for this extra document when we’ve already taken steps based on the advisement of council.”
Gambaro told Norris he was “drawing unnecessary fire,” and cited the charter to say it addresses th process clearly. “We’re unnecessarily drawing fire to this organization and to the stability of this council, and I don’t give my consensus on this one, Mr. Mayor, I’m sorry,” he said.
Council members Ty Miller and Ray Stevens were also hesitant. “I think that we’re pushing the envelope here, shooting from the hip,” Stevens said. “I think we get the legal opinion if in fact somebody turns around and sues the city. Doing so, getting a legal opinion kind of, as I said, pushes the envelope, but it’s an indication that we might be expressing some sort of guilt. Here, I would wait and see what happens. We can always get a legal opinion.”
Norris dropped the proposal. Ed Danko, the former council member who had pushed hardest for Gambaro’s appointment, termed Norris’s move to undo the previous council’s decision “alarming and a major overreach,” though he was glad the rest of the council refused to go along.
Pogo says
@Mr. Morris
Some clues:
https://www.google.com/search?q=The+quiet+part+out+loud+meaning
“I always pass on good advice. It is the only thing to do with it. It is never of any use to oneself.”
― Oscar Wilde, An Ideal Husband
Fernando Melendez says
And the circus has begun, the one I warned you about if Norris won the election. And as far as a figurehead it’s more like a Bobblehead. What a dumb move to make just starting out as a new Mayor. Instead of trying to bring unity and working towards consensus he goes after Gambaro, and as Mr. Gambaro so eloquently put it, you are going to draw unnecessary fire to something that amounts to nothing. This was unhinged Norris targeting Mr. Gambaro period. Stay tuned for more of the Norris circus 🎪
Bee says
When a person tries to persuade others for personal gain, it’s typically called manipulation; they are using their influence to get something they want, often at the expense of the other person’s interests.
Nephew Of Uncle Sam says
What evil lurks in the shadows ahead……
Jim says
Well, we’re off to a great start….
Again says
Brilliant another one who thinks they know what they’re doing but clearly has no idea. Cant wait to see what other ideas he has for the city lol
Joe D says
Wow…Palm Coast’s City Council can’t seem to stay away from DRAMA.
I would not want to stir up any additional issues, if there aren’t any to begin with ( unless Palm Coast’s Mayer is privileged to information of which the rest of the Council and Citizenry are unaware).
I guess I’m lucky I only have to deal with the “BORING” (😊) Flagler Beach City Commission…who other than a potential massive land annexation in the near future, has not seen much in the way of controversial DRAMA in the last several months (I’m SO APPRECIATIVE of them)!
KMedley says
There’s a reason many of us tagged him as #NeverNorris. He’s a clown in search of a circus.
Purveyor of Truth says
And so it begins…you asked for it Palm Coast.
Big Top Pee-wee has started the show.
Ed Danko, former Vice-Mayor, PC says
This effort by Norris to undue the legitimate decision of a previous council was alarming, and a major overreach to say the least. I was relieved to see the entire council united in their refusal to allow themselves to be dragged into this clear abuse of power.
Critical Eye says
Good to see Norris was put in his place.
He actually thought he would get a consensus? This guy is way out of his league. He’s hasn’t a clue what’s going on at the meetings. Those dirty underhanded games he played during his campaign won’t work with this city council. Our city council will keep it on the straight and narrow and won’t give into Norris unsavory antics.
David S. says
And I voted for this guy really Mr Mayor do your job…..
BW says
This topic popped up on Nextdoor like a week or two ago. There is obviously some discussion going on about it and I think we are seeing Norris getting involved with these rumor mill circles in my opinion. This is where Norris is not understanding his role. He is not the President of Palm Coast. He is a seat and one voice and vote on the Council. The a Council as a body is the face of the City. That body has far more important things to be focused on and discussing than debating lawful decisions by the past Council.
Dumfounded says
I’m dumbfounded. A dumb rookie move by the bully-puppet, self-proclaimed “figurehead”, who was acting in the interest of his handlers rather than our Citizens of Palm Coast. We deserve better but are stuck with him. And what about his comment that he had talked to a Federal judge who interpreted OUR City Charter in a different way than the Council’s Counsel? What judge of the Court in his right mind would offer such an opinion knowing his legal responsibility? A disgusting display of poor judgement all-around.
SPQR says
Gambaro was a choice of the bad actors that run the City from behind the scenes. That’s why Danko wanted him.
Norris is not wrong for asking the question, it’s his procedure that is called into question. He’ll get better at it.
The disappointment is the choices the previous Council had were better than Gambaro. Sandra Shank and Darryl Boyer were much better choices.
XYZ says
SPQR: You are right, should have been Boyer, I don’t know Shank but
sure looks like the mayor haters on here are the Alfin, Manfre for big
developers crew and are a bunch of sorelosers about the mix up in the apple,
crate, bottom line the people of PC have spoken and we are fed up
with IRRESPONSIBLE OVERGROWTH PERIOD and that’s why we
voted for Norris and said bye bye to ties to developers, you guys are no
longer respected or trusted with our future, we don’t want bought and
sold hacks! And where’s your guy Werner, the one who cared so much
about PC has disappeared off into the sunset not to be heard from since
he took a BIG LOSS most likely off to yet another state.
Bee says
Sounds like Norris was trying very hard to persuade the city council for some reason for his own personal benefit. In my experience When a person tries to persuade others for personal gain, it’s typically called manipulation; they are using their influence to get something they want, often at the expense of the other person’s interests.
Palm Coast voted for this mess. says
How shocking Mike Norris is unqualified. A majority of people voted for this clown. Now we will all suffer. Stop voting for people that don’t know what they’re doing. You elect stupid, you get stupid. Just like Trump. These next four years…whoa baby. He’s nominating only the finest people. They’re coming for your social security and Medicare. Who voted for Elon Musk? These people are gonna crash the economy with their stupid DOGE program. RFK in charge of health? A guy that used heroin and had literal brain worms? Lol. JFC what a clown show. The oligarch propaganda worked. I don’t blame the people that voted for him. They were always going to because they’re in a cult. Seriously, they are. They believe he would actually let them into his world. Lol. He’s grifting off people that complain they can’t afford anything yet they can buy his bible or his sneakers. 😂 There’s a reason why cults exist. They appeal to those that don’t fit in anywhere else. In Trump world you can be the most vile human and find people just like you. How refreshing it must be finding others that freebase off imaginary fears. It’s the people that couldn’t bother to vote, a majority of people actually, who I blame for this. More people didn’t vote than people who did. Utterly disgusting considering how many people die around the world every year just for the right to have some say over what happens. Your non-actions have massive consequences for all. I have zero sympathy. When people lose their rights to IVF, birth control, condoms, marriage, bodily autonomy, no-fault divorce, freedom of speech (unless you’re kissing someone who-ha), people will still say, “Well eggs…” When we have a recession, because we will with these dodo brains ruining things, and tariffs are imposed causing costs of everything to skyrocket (look at how awful Hungary and Argentina and Russia are doing, you know Trump’s BFFs), America will get what it deserves.
Billy says
Sounds like this guy is bought and paid for by developers. I’m sure he will be having a new truck in his driveway very soon.