Demorest City Manager Kim Simonds came under intense scrutiny last month after firing the city’s police chief. Now, she’s asking the city attorney to resign.
Simonds emailed a letter to Demorest City Attorney Joey Homans on April 30 asking him to “voluntarily relinquish” his position or face possible “legislative action.”
In her letter, Simonds says there have been “significant concerns” raised by “members of the City Council” about him staying on as the city’s attorney. “I have been asked to communicate those concerns to you and inquire if you would be willing to voluntarily relinquish the position,” she writes.
The city manager warns Homans of possible legislative action to remove him from office if he does not resign.
Homans confirms he received the letter. “I don’t have any comment to that now,” he tells Now Habersham. “I’ll report back to the full council when I have a chance.”
Demorest Mayor Rick Austin says Simonds’ request is beyond the scope of her authority as city manager. “She does not have the authority to ask him to resign,” he says. “She purports that there are members of council who are in agreement with this but does not indicate who those members are. The council has not discussed this in either an official or unofficial capacity.”
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Ultimate irony
Homans has served as Demorest’s city attorney for six years. Simonds asked him to resign exactly two weeks to the day after she fired former police chief Robin Krockum. She ties the two events together in her letter telling Homans he should not have consulted with the police chief on a personnel matter without her knowledge.
In March, the city council passed a policy making the city manager the central point of contact for communications with the city attorney except in “exigent (pressing) circumstances.”
On April 15, Krockum consulted Homans after Simonds asked him to write-up an officer for making negative comments about the city’s trash cans on social media. Krockum declined, saying it would violate the officer’s right to free speech. Homans backed him up. Simonds says he overstepped. “Had you chosen to follow the procedure which the City Council set for contact with the City Manager, prior to giving advice to Chief Krockum, the issues may have turned out differently,” her letter states.
Almost two weeks later, on April 28, the council canceled a called meeting when they failed to reach a quorum. Simonds blamed Homans and the mayor. Prior to the meeting, Homans told council the meeting was not properly advertised to allow for public access. Austin tried to fix that by holding the meeting outdoors. Simonds and Councilman Nathan Davis refused to meet outdoors. Austin and Homans refused to meet indoors. The only other councilman present in person, Sean Moore, refused to meet without the city attorney present.
Simonds tells Now Habersham she had someone from the Georgia Municipal Association review the notice she put in the paper and “personally spoke with one of the leading municipal attorneys in Atlanta to review it. Both said there was no problem.” She surmises Austin and Homans were trying to avoid the meeting to dodge a discussion on possible conflict of interest because Homans also serves as Austin’s personal attorney. Austin pushes back at that suggestion saying “If there were an ounce of truth to that why was I standing there for hours going ‘Let’s have the meeting in the public.'”
“This action by the city manager is clearly in retaliation to the city attorney for giving us apt and able representation, including, informing the council that the meeting last Tuesday night was not proper because of the deficiencies in meeting the advertising requirement,” he says.
Simonds wrapped up her rationale for requesting Homans’ resignation saying “for some time, members of the Council have been concerned about the amount of your legal fees and the way in which you have chosen to state how such fees are justified.” She tells Now Habersham that since January of 2016 the City of Demorest has paid over $317,000 to Homans “without the City being involved in any kind of litigation,” she adds.
While Simonds will not specify which council members she’s referring to, it is not Austin or Sean Moore. Both staunchly defend Homans’ performance as city attorney.
“Joey Homans has saved the city of Demorest hundreds of thousands of dollars with his legal advice,” says Moore. “My opinion is, you get what you pay for. He’s more than paid for himself.”
And now in what could be the ultimate irony of all this, it appears the citizens of Demorest may have to pay even more.
Krockum is considering filing a federal wrongful termination and deprivation lawsuit against the City of Demorest, its elected officials, and city manager. If he prevails in court, it could end up costing the city and defendants upwards of $1 million in damages.
The council is expected to address the potential lawsuit, Homans’ requested resignation, and other related matters during its regular monthly meeting at 6 p.m. on Tuesday, May 5. That meeting will be held by teleconference from the Demorest Municipal Building located at 125 Ivy Street.
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