The first hearing in a lawsuit brought by Palm Coast Mayor Mike Norris against the City of Palm Coast and one of its Council members is scheduled for July 3rd at 3:15 pm. Norris is suing to have Councilman Charles Gambaro removed from office and a special election held for his seat, alleging that his appointment by the previous City Council was in violation of the city charter.
The hearing is to be in front of Flagler County Circuit Judge Chris France, with each side having 30 minutes to present their case. Norris is represented by the law firm of Anthony Sabatini, a Mount Dora-based attorney with his own political resume. Sabatini served in the Florida House of Representatives from 2018 to 2022, and launched an unsuccessful bid for U.S. Congress in 2024.
In his lawsuit, Norris has accused the City of Palm Coast of appointing Gambaro to the City Council when they were legally required to schedule a special election. The appointment arose after the resignation of Cathy Heighter, who was elected to serve from 2022 to 2026. She stepped down in August 2024. The city charter requires a special election to fill any seat with over half its term left, a criterion which this situation did meet.
The City Council was then composed of Mayor David Alfin and Council members Theresa Carli Pontieri, Ed Danko, and Nick Klufas, three of whom were voted out of office in 2024 either running for re-election or higher office. Pontieri was the dissenting vote in Gambaro’s appointment. The Council was advised by legal counsel that the window of time between the resignation and next regularly scheduled election was such that an appointment could be the appropriate course of action. Gambaro has been derided ever since as an illegal or illegitimate appointee by those who opposed the decision.
Three defendants were named in Norris’ lawsuit: the City of Palm Coast, Charles Gambaro, and the Flagler Supervisor of Elections Office. The first two are self-explanatory, but the inclusion of the Supervisor of Elections Office may or may not have as much standing. The Office does not execute the requirements of the Palm Coast city charter unilaterally – it would have held a special election only if contacted to do so by the Palm Coast city government. It had no obligation or authority to act independently of the city.
“Independence Day is gonna be a lot better this year!” Norris said in a Facebook communication to his followers. “Palm Coast deserves lawful leadership—chosen by the people, not appointed by a lame duck council YOU got rid of!”
