- January 5, 2025
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Dear Editor:
Let the Palm Coast voters replay to August 2024 when Councilwoman (Cathy) Heighter abruptly resigned. Numerous voices of voters at the council meetings requested formally and in writing to fill the position by following the City Charter. The August Primary lame ducks — Alfin, Klufas, Danko — would not hear of it. I publicly spoke and again made this request at the (Nov. 19) swearing-in meeting of the new City Council. This time I had a positive reaction.
Basic comprehension of the English language will provide evidence that the voters of Palm Coast were denied their right to vote as provided in the Palm Coast City Charter for the replacement of Councilwoman Heighter. There were 26 months and nine days left of her term of office but the three council members that were rejected by the voters in the August 2024 primary voted to not place the seat on the 2024 General Election ballot as required by the City Charter.
Why? I believe this type of "end run" and political gamesmanship voids the public trust and was key to an excellent elected councilwoman's early departure. Our public loss must not be compounded by more insider benefit. This is election tampering that cannot become a precedent for future City of Palm Coast elections.
The governor has announced elections to replace Congressman (Michael) Waltz. Excellent timing for the Palm Coast District 4 election at no cost to the city. This new council can confirm that Palm Coast follows its city "constitution" and rejects the many past destructive actions of the August 2024 lame ducks by voting to order "... the seat shall be declared open and an election held for the remaining two years of the original term."
Dennis McDonald
Palm Coast
Editor's Note:
As former City Council member Cathy Heighter's resignation took place within the first two years of her four-year term, the Palm Coast City Charter Article VII required the remaining City Council members to fill the vacancy within 90 days, though they had the option to delay the appointment if the vacancy was within six months of a "regularly scheduled election."
The City Charter defines a regularly scheduled city election as an election that takes place in "even-numbered years" on the first Tuesday of November, with primary elections taking place at the same time as "State and Federal Primary Elections." The charter requires special elections to fill a mayoral vacancy but states that "all other special municipal elections shall be held in the same manner as regular elections."
At the Aug. 27 City Council meeting, the four remaining council members unanimously voted to appoint a replacement, as the tight time constraints between the August primary and the Nov. 5 election meant petition candidates would not qualify in time and only people who could afford to pay the $3,500 qualifying and assessment fee would be able to qualify as candidates. The City Charter then states that once a seat is filled, that appointment remains in effect "until the next regularly scheduled election," which would be in fall 2026, the original expiration of Heighter's elected term.
Also, the deadline to make changes on the ballot for the Waltz special election is Saturday, Dec. 7, so even if the city wanted to begin the process of putting the District 4 seat up again, it would not make the deadline in time.
