It is one of the mocking ironies of the Palm Coast reality show known as America’s Next Top Mayor that the same man found to have violated the city charter is now invoking it to boot fellow Councilman Charles Gambaro off the island.
Consistency isn’t a Mike Norris quality. This is the man who said the last thing he wants is to get Palm Coast sued–a day after he sued Palm Coast. This is the man who began Tuesday’s meeting with an eloquent appeal to civility, only to let his amen corner in the audience yet again turn public comment into a splash-padded cesspool. This is the man who claims a developer tried to corrupt him but not so much that it couldn’t wait four months to be reported.
For all that, the lawsuit he filed against the city this week, arguing that the council violated the charter when it appointed Gambaro last October, has merit. It would have been more credible had it borne a name other than Norris’s. But Ernesto Miranda and Larry Flynt were not paragons of nobility when lawsuits were filed in their name, either, and we still owe Fourth Amendment protections to the serial criminal and First Amendment protections to the pornographer.
The law is the law, whoever’s name is on the pleadings. If a strict constructionist like Antonin Scalia were to have a look at Norris’s case from his seat in Heller, he’d conclude that the City Council violated the charter. A less fundamentalist judge might conclude otherwise.
The charter is not well written. It can be obscure. It’s contradictory, though that’s not unusual even for the Constitution: judges balance out contradictions in law and constitutional clauses, sometimes within the same sentence, all the time, elevating one right at the expense of another when the two clash. Interpreting the charter is no different.
On this score, the question hinges on whether the council legally appointed a new member even though there were more than two years left in the term, which would have required an election, not an appointment.
The charter is not explicit. It doesn’t say the council must wait until the next election if a member resigns with more than two years left. It only infers it. It states that an appointment must be made within 90 days if a member resigns “within the last two years of a term.” It’s a reasonable inference. (See the language below.)
But it’s not air-tight. “The last two years” is not defined, as it must be both in itself–do the two years include the primary election window? The general election window? Both? Does the clock start at swearing-in or with Election Day?–and in accordance with the modern-day electoral calendar. Remember: there was no early voting when the charter was written. Absentee balloting was minuscule. Ballot-printing timelines were more fluid. The 1 percent rule applied in a city where it was enough to gather perhaps 75 petitions to qualify for office.
A judge might reasonably say that’s irrelevant and stick to dates. Then-Council member Cathy Heighter decided to jump out of depths she never plumbed last Aug. 16. The council met on the 27th to decide how to proceed. It could’ve met in an emergency session a week earlier instead of irresponsibly letting 14 days go by between meetings. The Supervisor of Elections was not mailing out the first ballots for at least two weeks, and could have been convinced to push it to mid-September. There was ample time for an election, and enough time for committed candidates familiar with Publix exits, public meetings and public parks to secure the 165 petitions necessary to qualify without paying the $2,600 qualifying fee, even if barely.
(In an earlier version of this piece I’d incorrectly put the total number of required petitions at 746. That’s only for the mayor’s seat. District council members are required to get 1 percent of the registered voters in their districts only, and for District 4, that was 165 petitions. But it’s also notable that the elections supervisor required those petions to be in by May 13, though that deadline could surely be mooted for a special election.)
When there is a choice between an election and an appointment, an election must prevail. The council at the time, displaying more arrogance than deference–the very flaw that cost David Alfin his election–opted for an appointment, with the backing of its lawyer’s opinion, which it only half followed. It interpreted the charter its way. One council member’s worry that an election could close the door to candidates without time to secure petitions or money to qualify was valid. But more valid than eliminating the electorate altogether? It was not an illegal decision. Nor was it the wisest decision.
Gambaro was appointed. Norris got elected–and went to war against Gambaro, undermining his own case. Norris has the right to contest the appointment. He does not have the right to slander Gambaro’s integrity, let alone encourage the mob in the audience to stone Gambaro at every chance. That reveals the real motive behind Norris’s war: He doesn’t give a damn about the charter. We now factually know that. He just wants an ally in Gambaro’s seat. The lawsuit is his means to an end.
The judge could order Gambaro removed. Then what? The removal would leave an empty seat with less than two years in the term. The council could hold a special election and spend $120,000 to do it (maybe Norris could donate his remaining three years’ salary to make up for it). But a strict reading means that would be a violation of the charter. The council could appoint someone. But it would have removed an appointee to put another one in his place. The re-appointment of Gambaro is not out of the question: he has a 4-1 majority. Meanwhile the whole comedy would compound and reward the one-man debacle Norris has made of this council.
That’s really his end game: constant chaos fueled by conspiracies so the public is distracted from his unwillingness–his inability, really–to govern. He happens to have a legal case to remove Gambaro, but it’s not the strongest case, and Noris is undermining it by the day.
He’d better hope Judge Chris France is not watching. The judge doesn’t like to be manipulated, as he showed the owners of the Old Dixie motel before it was finally demolished (they owe the court $120,000 in contempt fines). The judge doesn’t like to second-guess local government, either, as he showed in another lawsuit against the city just before the election. If there’s any ambiguity in the language of local ordinances or charters before him, he’ll defer to the elected.
It’ll be the right call. The arrogance of last year’s council does not define its successor, catastrophic mayorship notwithstanding. Just be sure to collect legal fees, Council. Then appoint the right chair to the next charter review committee: this thing needs a rewrite. But it needs it by someone who knows the city down to the charter’s origins, who knows the law, and who knows the English language. The only person who fits that bill is former Councilman Bob Cuff.
The Palm Coast Charter‘s language regarding council vacancies other than the mayor’s seat:
If, for any reason other than recall or assuming the office of Mayor, a vacancy occurs in the office of any Council seat within the last two years of a term, the office shall be filled by appointment within 90 days following the occurrence of such vacancy by majority vote of the remaining Council members. If said vacancy occurs within six (6) months of the next regularly scheduled election, the remaining Council members may delay the appointment. Such appointments shall last until the next regularly scheduled election, at which time the seat shall be declared open and an election held for the regular four-year term.
Pierre Tristam is the editor of FlaglerLive. A version of this piece airs on WNZF.
William Hughey says
YOU complain when politicians do NOTHING and earn a paycheck!!
YOU complain when politicians SPEAK UP and SERVE the PUBLIC!!
WE need MORE people like Mayor Norris!!
Palm Coast is growing at a FAST pace AND
The Citizens NEEDS to just let Mayor Norris serve his term as Mayor AND if the same people are STILL pissed off at him, VOTE for someone else on the next election day, straight to the point!!!
NO ONE is perfect,The ONLY perfect person is GOD and WE are truly wanting to have A Great Day!!!
Jim says
If Norris will immediately resign if Gambaro is removed, then I’d be willing to see that happen. I have nothing against Gambaro but sometimes there are losses to non-combatants during hostilities that are deemed acceptable. I see this as one of those times. And I apologize to Mr. Gambaro as I think he has done absolutely nothing wrong. In fact, compared to our “mayor”, he’s doing an outstanding job.
I offer this comment sarcastically. I really hope Norris gets hammered in court. This crap has nothing to do with running this city efficiently or effectively. It’s just another side-show. Norris seems to thrive on this.
So, I say again: City council, please ask the governor to remove Norris from office soon. I’d like to see Palm Coast get back to business with only serious people in charge.
Fernando Melendez says
Norris is bent on continuing to make a mockery of our government. This legal action has no merit and zero legal standing. Hurry up and resign Mike.
justbob says
Why now 7 + months after Gambaro took his seat? Any judge deciding on the emergency ruling request, which is part of the suit, may raise a judicial eyebrow, rightfully wondering why the long wait.
Larry says
Norris only knows how to stir up trouble, as he seems to be impotent when it comes to governing.
Next week it will be some other Norris induced drama and the week after something else crazy coming from Norris. Norris is a cancer to the City of Palm Coast and will do as cancer does, until he is removed or resigns.
Call me disappointed says
I am ashamed of the Mayor’s continued bad behavior.
I am ashamed that he is a disgrace to the office of mayor.
I applaud the other four City Council members for standing tall above the mayor and his minions.
I find it disturbing that 7 months ago, the soon-to-be mayor understood the words in the City Charter but once elected, is playing dumb and has no ability to read and comprehend so he had no idea he was committing the HR and ethic violations.
Send the documents to the Florida Ethics Committee “Special Delivery”!
CrazyTown says
What a joke. Complete and total mockery of the seat he won in Nov. What is in the water in FL? Seriously, from Orange Julias Caesar’s compound up to Lil’ Marco’s land, out west to land of the five-finger-forehead, and down to the southern most part where people try getting washed away when there is a hurricane. It’s bonkers in FL, the recipient of the most Darwin Awards ever given.
PeachesMcGee says
No More Buffoons!
Joe B says
Palm Coast has experienced far too much political drama in recent years. Between disgraced and removed elected officials, and fired appointed City Managers we’ve seen too much craziness. The issues I recall, involve; conflicts of interest, criminal charges discovered after electing officials and fired City Managers. The shear number of issues is ridiculous for a town of our size.
JC says
William Hughey: If the Mayor acted at this in a Private Section job, they would most likely be fired. Also using random capital words in your sentences make it seems like you are screaming with your keyboard.
William Hughey says
It WILL cost the taxpayers MORE money to get a elected official out of office once they are elected!!
It is FAR easier to let them finish the term of office out AND vote them out in the next election!!
Critical Eye says
MY
MAYOR IS AN IDIOT
Get your T-Shirt today!!!
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M.M. says
Norris is lashing out at anyone in Palm Coast who goes against him. He is playing the old Trump learned, “you go after me, I go after you” card. He has shamed himself more and more every time he opens his mouth. His private Facebook account is disgraceful with posts against the Council people and lies and propaganda. This is the worst man we could have ever had become Mayor of this town. His followers/loyalists on Nextdoor are ruthless, and get away with anything they want to say to people who are not in favor of Norris. This is truly a left meets right battle, nothing more. Of course, the left is the good guys.
James says
“If, for any reason other than recall or assuming the office of Mayor, a vacancy occurs in the office of any Council seat within the last two years of a term, the office shall be filled by appointment within 90 days following the occurrence of such vacancy by majority vote of the remaining Council members. If said vacancy occurs within six (6) months of the next regularly scheduled election, the remaining Council members may delay the appointment. Such vacancy by majority vote of the remaining Council members. If said vacancy occurs within six (6) months of the next regularly scheduled election, the remaining Council members may delay the appointment. Such appointments shall last until the next regularly scheduled election, at which time the seat shall be declared open and an election held for the regular four-year term.”
The “appointment window” should be changed. If a vacancy occurs within six months of the next election then an appointment should be made to full the seat until that election. At which point the appointee has the option of running for election to the seat.
Under all other circumstances an election should be held for the open seat…. end of story.
It seems the existing charter has it backwards.
Just my opinion.
James says
I’ll just add that I always thought of an “appointment to office” as being a temporary, ceremonial position of nominal power… which clearly is a myth, particularly here in Palm Coast. Although it does seem that a position on the council is just that, regardless of how one got there.
But if kept to as brief a duration as possible, particularly within six months of election and considering 90 days to appointment… which leaves about three months active in said position… very little items of government business of lasting substance should come up to council vote. Particularly considering that many of the other members of the council might be running for reelection.
In other words, it would be reasonable to assume the background governmental circumstances surrounding such an appointment would be of a “lame duck” type, where most of the important items of concern had already been voted on.
But this is Palm Coast… a most glaring reminder of the real world.
A council member drops out (if I
recall correctly) after the election, the remaining council members (a majority of them who were not returning) vote to appoint, and that appointment is of a substantial duration. A vote of lasting substance in itself. But what’s more, there was an unresolved issue of substantial lasting substance to be voted upon in the next session.
My opinion, there should have been a snap election in mid January or the beginning of February… there was time, and I doubt there would be a want for candidates… and the public would have had a voice/vote in the matter.
The charter needs reworking.
Just an opinion.
Andrea K. says
So, we heard that Mayor Norris is suing the city. Seriously? He behaved badly at work, thus creating a hostile workplace. But instead of resigning, he manufactured a “distraction” — by filing a lawsuit. This is a new low for Palm Coast. It’s no surprise that we can’t attract a qualified city manager. And frankly, the only folks who should be filing lawsuits are the victims of Mike Norris!
We emailed Governor DeSantis about this debacle last week. Today, we will follow up with written letters and phone calls to Tallahassee. Mayor Norris is a true hazard to our great city, and if he won’t resign — Governor DeSantis needs to remove him.