Local News
Rowan appeal hearing postponed
Marc Valero | Highlands Today
Published: April 28, 2012
AVON PARK - For a second time former police chief Mike Rowan's appeal hearing with the City of Avon Park has been postponed.Published: April 28, 2012
The hearing for Rowan's appeal to his termination from the city was originally scheduled to start March 27. It was rescheduled to start Monday.
Bradenton attorney Hamilton "Chip" Rice, who will serve as the hearing's arbitrator, suggested the postponement and the lawyers on both sides agreed, said attorney Robert Grizzard II, who is representing Rowan.
There are some questions that may be answered in what is now a federal lawsuit (Rowan vs. the City of Avon Park) that the hearing officer would be more comfortable if they were decided before he presides over this hearing, Grizzard said.
Avon Park City Attorney Gerald Buhr said, "Mr. Rowan's attorney wanted to resolve the issue in federal court with regards to the validity of the contract and we agreed. So we are continuing [delaying] the hearing next week until the issue of the contract has been resolved in the federal case."
Grizzard believes Avon Park attorneys will make another effort to dismiss "Count III" in his second amended complaint.
That complaint states on April 19, "Interim City Manger" Julian Deleon, in violation of Chief Rowan's contract, suspended him with pay in order to have a "policy review."
On June 3, Deleon, in violation of his contract, suspended Rowan without pay, the complaint states. On October 19 Deleon informed Rowan of his termination of employment.
According to the Grizzard/Rowan complaint against the City of Avon Park:
The city has taken retaliatory action against Rowan because he disclosed to appropriate agency information of improper use of governmental office by a public officer or employee and other facts, which led him to believe crimes or other improper, unethical or illegal acts have been committed.
The complaint demands damages from the City of Avon Park.
Also, Grizzard said he has no response yet to the City of Avon Park's offer of $10,000 to settle former finance director Renee Green's lawsuit against the city.
The city's offer was filed April 10 in the 10th Judicial Circuit Court in Highlands County.
In the lawsuit, Grizzard claims there was no "just cause" for Green's firing.
mvalero@highlandstoday.com (863) 386-5826