Tuesday night, Diamondhead city officials removed Richard Rose from his position as City Manager, but Rose says the fight is not over. Diamondhead says Rose has been a thorn in their side and that he's been fairly removed as City Manager of Diamondhead.
Sean Tindell, Diamondhead City Attorney, says, “It is in my opinion that the city is in full compliance by the law, as we have provided due notice to his attorneys.” Rose was suspended in April and requested a public hearing to defend himself. The city scheduled a designated hearing for May 29th, but at the last minute, it was changed to a 30 minute council agenda item for Tuesday night's meeting. Rose's attorney says addressing the council does not count as a public hearing.
Jim Halliday, Rose’s attorney, says, “To be able to call witnesses, to be able to present evidence, to be able to refute and rebut the charges against him, which is our opinion on what state law mandates.” When Diamondhead changed the format of Rose's hearing, Halliday filed a complaint for declaratory judgment against the City of Diamondhead, asking a judge to rule on what would be an appropriate format for a public hearing. Halliday also says, “And by not affording Mr. Rose, the appointed person to run the City of Diamondhead, a full public hearing, why? What are they hiding? What is their secret agenda? We intend to find out.”
The City of Diamondhead now has 30 days to respond to the complaint, and a judge will determine whether the format provided Tuesday night was sufficient. If not, the city will be required to hold a separate public hearing for Rose. Halliday says his investigation continues and new evidence discovered this week will make his case even stronger.