Fine accuses West Melbourne councilman of filing illegal subpoena in mayor residency fight
State Rep. Randy Fine on Friday accused a West Melbourne city councilman of illegally obtaining documents related to a fight over the residency status of the city's mayor.
West Melbourne Councilman John Dittmore disputed the allegation, claiming a subpoena he issued last month to a Viera homeowners association was legal and in accordance with powers granted to the council under the city's charter.
It is the latest escalation in a growing battle over the residency of West Melbourne Mayor Hal Rose. Dittmore and another councilman have said Rose should have stepped down when he sold his West Melbourne home and bought a house in Viera earlier this year since the city charter says the mayor must be a resident of the city.
Conflict: Dispute over West Melbourne Mayor Rose's residency escalates, with City Council divided
Rose has said he continues to lease space in a home in West Melbourne that satisfies the charter's residency requirements.
In a letter addressed to state and local law enforcement, published Friday to his Facebook page, Fine accused Dittmore of serving what he called a "fake" subpoena to the Bridgewater at Viera Master Association in early August. The HOA responded with what Fine called "confidential" documents related to Rose's residency.
The document, dated Aug. 11 and signed by Dittmore, was labeled a "SUBPOENA DUCES TECUM," or a subpoena to compel the production of evidence, and addressed to the homeowners association from "THE STATE OF FLORIDA." It was not notarized or signed by an attorney, judge or other agent of the court.
Dittmore and Councilman Stephen Phrampus previously told FLORIDA TODAY they were compiling evidence — including through the use of subpoenas — to support their claims against Rose late last month.
The new resident application provided by the HOA showed that Rose had indicated he lived at the Viera address fulltime. Rose previously told reporters that he filled out the form that way to ensure mail and packages sent to that address would not be forwarded elsewhere.
Challenged: West Melbourne council member challenges mayor's residency after home sale
Fine in the letter called on state and local agencies — including the Brevard County Sheriff's Office and the West Melbourne Police Department — to investigate, pointing to a state law that makes knowingly falsifying documents related to the legal process a third-degree felony.
"We do not live in a state where a small town politician can 'demand your papers,'" Fine wrote. "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."
Neither West Melbourne police or the Brevard Sheriff's Office returned messages seeking comment Friday.
Dittmore said the document was "absolutely, 100%" legal and had been "fully vetted" by West Melbourne City Attorney John Cary, who he said had compiled the subpoena based on Dittmore's wording and emailed to the HOA on his behalf.
"The city has an attorney that represents us, and does a good job, and he gave us the proper direction to move forward" with the document, Dittmore said.
A person who answered the phone at the city attorney's office Friday said Cary was out of town and not available for comment. Cary did not immediately respond to a message left with his office by FLORIDA TODAY.
"In general, no person should be able to arbitrarily subpoena people without reasonable cause, but this subpoena provided confirmation that Mayor Rose resides outside of the city and was pertinent to the investigation of his residency," Dittmore said.
Probable cause: Ethics commission finds probable cause against Randy Fine in dispute with West Melbourne
Dittmore, a former police officer, said Friday that West Melbourne's city charter grants the council limited subpoena powers in investigations related to alleged charter violations. He said Cary had advised that power translated to individual council members.
Other members of the council, including Rose, have disputed that interpretation.
"The City of West Melbourne's charter says to do anything, we're a group. 'Council' is a plural word. It takes four people to do anything, and that's the way democracy should work," Rose said Friday.
"So for an individual councilmember to send out (subpoenas) to people not even in the city, and ask for things about the whole household, I don't even think the governor has those powers to subpoena individuals, at least not without backing," he said.
The council directed Cary on Wednesday to try to obtain clarity on the matter from Florida Attorney General Ashley Moody.
Dittmore, who is running for the Brevard County Commission District 3 seat, currently held by John Tobia, said Fine's attack against him was politically motivated. It was another example of Fine attempting to interfere in West Melbourne city business, he said.
He pointed to an incident last year in which Fine threatened to having city funding pulled over a police department fundraiser, to which Brevard School Board member Jennifer Jenkins was invited but Fine initially was not. Fine and Jenkins have a longstanding political feud.
The Florida Commission on Ethics found probable cause to charge Fine with ethics violations over the incident in April.
Fine, whose district includes West Melbourne, dismissed notions of "interference" on Friday, stating that cities are ultimately accountable to the state legislature.
"We create cities, we dissolve cities. That's not a threat at all, it's just a statement. They are accountable to us," Fine said. "The notion that the Legislature can't ask questions about what's going on in a city is insane. It just shows he doesn't know his place. He's not a cop. He's not a tyrant. He's a small town politician."
Eric Rogers is a watchdog reporter for FLORIDA TODAY. Contact Rogers at 321-242-3717 or [email protected]. Follow him on X: @EricRogersFT.
This article originally appeared on Florida Today: Fine calls for investigation into 'fake' subpoena from city councilman
