Council Candidate Jeani Duarte Ejected for Public Comment Violations

Palm Coast City Council candidate Jeani Duarte was ejected from a City Council workshop on Tuesday. Duarte had used the public comment portion to argue that Councilman Charles Gambaro was in his seat illegally, and was later removed by law enforcement after she continued to argue her case after public comments concluded.

Duarte was alleging that Gambaro, who was appointed to his seat after the resignation of Cathy Heighter, was no longer authorized to sit on the City Council. Her basis was that his appointment was effective only until the 2024 election cycle, at which point the voters should’ve chosen a candidate to hold the seat until 2026. She also spoke to complaints she has about the city’s water quality, citing documents she’d sent to the Council members.

Accusations of Charter Violations

Palm Coast Mayor Mike Norris brought a lawsuit against the city last year making a similar allegation. His suit was dismissed by Circuit Judge Chris France last year. Duarte herself also sued the city in September 2024, with France dismissing it as well. In his order, he called Duarte’s case ‘insufficient’.

“Our Council seat in District 4 is seated by an unauthorized appointee,” she said Tuesday. “His appointment expired November 5th, 2024 per the charter.” Nevertheless, it was not the merit of Duarte’s argument, or lack thereof, that caused her to be shown the exit. Her removal was triggered when she returned to the podium to dispute Gambaro’s response.

“The matter that you continue to bring up has been clearly, clearly, clearly settled by a court,” Gambaro told her after public comments concluded. “I will tell you that this Council is focused on moving forward in a positive way and a positive nature to take care of the residents’ business.”

Duarte is adamant that Gambaro’s appointment was only found to be valid up to the point of the 2024 general election, and not for the two-year period afterward. She’s far from the only resident to have made this case. Still, City Attorney Marcus Duffy advised the Council in the past that Gambaro’s appointment was and is legally sound. No litigation since then has found legal standing in this particular argument of Duarte’s.

Candidate Ejected by Mayor

Duarte then stepped back up to the microphone to further argue her point. Mayor Norris slammed his gavel and requested that she return to her seat. Duffy then piped up, reminding Norris of the Council’s authority to have residents removed over procedural violations.

Norris moved on, and began to reference upcoming investments to reinforce Palm Coast’s water quality. “To keep beating that dead horse doesn’t really do us any justice to the residents,” Norris told Duarte bluntly. She then said something to Norris which was inaudible on the city’s livestream, prompting the mayor to immediately have an on-site commander from the Flagler County Sheriff’s Office escort Duarte from the meeting chambers.

According to Duarte in remarks after the meeting, her ejection was only effective for that meeting. She is adamant that she was not ‘escorted out’ because she left of her own volition without being followed out by law enforcement. Still, Duarte did not have a choice in the matter.

“The officer only held the door to the chamber room open for me,” Duarte said. “I walked out the front door on my own. It is a workshop. Typically intended for public interaction. There were only two citizens who spoke and the Mayor allowed for 30 minutes for public participation.”

City Council workshops do have an allotted public participation time, but the posted rules are clear that an open back-and-forth with Council members is not permitted. The meeting agenda posts that speakers may not “delay or interrupt the proceedings or the peace of the City Council”. By returning to the podium after Mayor Norris closed public comments, Duarte was found to be in violation of this policy – even though it was at a workshop and within 30 minutes of Norris opening public comments.

Duarte is currently filed to run for the District 2 seat on the Palm Coast City Council in the 2026 election. The seat is currently held by Vice Mayor Theresa Carli Pontieri, who’s running for County Commission instead of seeking re-election. One other candidate has filed, local business owner Antonio Amaral Jr. Duarte herself is a retired nutritionist.