Brevard leaders clash over legality of councilman’s ‘fake subpoena’ challenging mayor’s residency

MELBOURNE, Fla. – Brevard leaders are clashing over the legality of a subpoena sent by West Melbourne Councilman John Dittmore in an attempt to confirm West Melbourne Mayor Hal Rose’s residency.

Rep. Randy Fine, R-Melbourne Beach, said Dittmore issued a “fake subpoena,” and that “nowhere in the City Charter is an individual Councilman vested with this power.”

“The charter is specific that the seven-member Council is vested with all authority, requiring four votes, for all acts of policy,” Fine said in the letter.

Dittmore told Florida’s Voice that Fine is not correct, saying the city attorney sent the subpoena.

“Nowhere in our city charter does it require you to have four votes to get a subpoena. It does not state that,” Dittmore said.

Dittmore pointed out that the charter states four votes are required to remove the mayor from office.

As first reported by Florida Today, Dittmore gathered evidence, which included sending a subpoena, in an attempt to confirm if the mayor is violating the charter by living outside of the city.

City Attorney John Cary provided a document to council members in August, which was obtained by Florida’s Voice. It outlined the relevant charter provisions for qualifying and maintaining office. 

In the document, Cary highlighted city charter, Article III, section 11.

The charter further states, “the council shall be the judge of the election and qualifications of its members and for such purpose shall have the power to subpoena witnesses and require the production of evidence, but the decision of the council in any such case shall be subject to review by the courts.”

Dittmore, a retired policeman, told Florida’s Voice it is important for him to prove the mayor’s residency because “the city charter requires you to be a resident resident is defined as a full time permanent location where you’re living.”

“I know that we are a law and order community, and we will follow the law,” Dittmore said.

According to the city charter, members of the city council must live in the city during their entire term of office.

Fine sent a letter to the Florida Department of Law Enforcement, State Attorney Phil Archer, the Brevard County Sheriffs Office, West Melbourne Police Department, and the Florida Commission on Ethics demanding an investigation.

“We do not live in a state where a small town politician can “demand your papers.” We cannot live in a state where these politicians write fake subpoenas at will. In order to send a clear message that we do not live in a police state, I hope you will investigate and/or prosecute this to the fullest,” Fine said.

Florida’s Voice reached out to Mayor Rose for comment and did not hear back.