Sunshine violation casts shadow on Brig. Gen. Charles Gambaro Jr. appointment to Palm Coast Council

Ahead of the meeting Vice Mayor Ed Danko 'replied all' to emails sent to all the council members regarding residents' opinions on the District 4 seat applicants. 'It was a total accident,' Danko said.


U.S. Army Reserve Brig. Gen. Charles Gambaro Jr. is sworn in as the District 4 representative by City Clerk Kaley Cook. Photo by Sierra Williams
U.S. Army Reserve Brig. Gen. Charles Gambaro Jr. is sworn in as the District 4 representative by City Clerk Kaley Cook. Photo by Sierra Williams
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After two months, the Palm Coast City Council has a new District 4 representative: U.S. Army Reserve Brig. Gen. Charles Gambaro Jr.

Gambaro was appointed to the position with a 3-1 vote on Oct. 1, with council member Theresa Carli Pontieri dissenting, and immediately after was sworn into the office and took up the seat. He replaces former council member Cathy Heighter, who resigned her seat in August, and will serve for the remaining two years of her term.

But the decision did not come easily or without a shadow cast over the proceedings. 

A sunshine violation regarding a vote for Gambaro’s appointment cast a pall on the vote for Gambaro. After a motion to appoint applicant Darryl Boyer to the position failed in a 2-2 tie, with Danko and Mayor David Alfin voting against, Danko motioned to appoint Gambaro to the seat.

U.S. Army Reserve Brig. Gen. Charles Gambaro Jr. is sworn in as the District 4 representative. Photo by Sierra Williams

When the motion was seconded, council member Theresa Carli Pontieri interrupted before a vote could be cast to bring up a sunshine violation over email about supporting Gambaro for the seat. Pontieri said she did not believe the violation was intentional, but felt it needed to be brought up before a vote was cast.

“Let me be clear. I don't think this person meant to violate sunshine, but it allowed us to know how they would be voting tonight, so it's relevant,” Pontieri said.

The Florida Sunshine Law prohibits elected officials from conversing with each other on matters that will come up to a vote in meetings outside of public meetings, even by email.

The emails, sent to the Observer by Pontieri, relate two Palm Coast residents' opinions on District 4 applicants, and were sent to all four council members. Danko said he did not realize he had hit “reply all” to the emails, sending his response to the council members as well as the residents.

“It was a total accident,” Danko said. “I think it was pretty clear from when we did the interviews a couple weeks ago where I stood on this. So the fact that I accidentally ‘replied all,’ I don't think it [his response] was a surprise to anyone up here.”

The first email, sent from resident Scott Hunter on Sept. 30, asked the council members not to consider applicant Vince Lyon as the District 4 representative, specifically because of Lyon’s position on the Flagler Humane Society board member.

Danko replied at 9:55 a.m. on Oct. 1 saying, “I am not considering him.”

The second email was from resident Amy Listowski, sent at 5:05 p.m. on Oct 1, asking the council members to appoint Gambaro, based on his experience and credentials. “I feel he is best suited for this position, and would represent his constituents very well,” Listowski wrote.

Danko’s response, sent at 5:20 p.m., was “I fully agree with you!”

It was a total accident.”

— ED DANKO, Palm Coast Vice Mayor

Alfin asked city attorney Marcus Duffy if the violation impacted the council’s ability to vote on Gambaro’s potential appointment. Duffy, who was hearing about the violation for the first time, said he would need to do more research first.

“I do not have enough facts to make that conclusion,” he said.

To clear the air, Alfin asked each council member if the violation swayed their decisions — they each said no.

Each of the two final applicants — Gambaro and Boyer — had received three tallies during an initial tally vote to narrow down the remaining nine applicants.

While Boyer received Pontieri’s and council member Nick Klufas’ support, Danko took issue both with Boyer’s lack of experience and his recent move into Palm Coast’s R Section, which qualified him for the application.

Pontieri said Boyer’s young age — 25 — would actually be a plus to help keep the city’s youth here. Beyond that, she said, he has a lot of local knowledge and experience as a life-long Palm Coast resident and is familiar to and supported by many Palm Coast residents because of Boyer’s recent run for the Florida House of Representatives office.

“He's already been chosen by a lot of our residents,” Pontieri said.

In contrast, all four council members were impressed by Gambaro’s resume.

Klufas said that while he would be happy to see either applicant in the seat, Gambaro had experience filling positions with qualified people in high-ranking positions.

“I look at the most difficult decision that we're probably going to have to make, which is hiring the next city manager,” Klufas said. “I think that will probably be the hardest decision that the next council is going to have to make almost immediately."

Gambaro served as a senior advisor in several posts, including to the Secretary of Defense at the Pentagon from November 2020-April 2021.

It is absolutely clear to me that the hiring of a new city manager is a priority for our citizens and our municipality.”

— CHARLES GAMBARO, Palm Coast City Council member

Beyond his military service, Gambaro was also elected to the Flagler County Soil and Water Conservation District from 2006-2010 and then from 2007-2008 served on the Flagler County School Board after then-Gov. Charlie Crist appointed him.

Alfin said his vote for the District 4 representative was directly tied to who he believed would make the best selection for “an exceptional city manager.”

“As much as the city council may contribute to the process of government with the charter and the organization of the city of Palm Coast, it is the city manager which, in effect, makes it happen,” Alfin said.

Gambaro echoed Alfin and Klufas’ statements after he was sworn in.

“It is absolutely clear to me that the hiring of a new city manager is a priority for our citizens and our municipality,” he said. “I intend to be very involved in this selection process and select a strong leader to follow the intent and guidance of this council, drive staff to execute as directed but also mentor staff and help lead our city for many years to come.”

 

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