Caplinger Case Against City set for October 14

Former Smithville Police Chief Randy Caplinger will have his day in court against the City of Smithville next month.
In court documents obtained by WJLE, Judge Amy Hollars has scheduled a final hearing and oral argument in DeKalb County Circuit Court on Wednesday, October 14 at 9:00 a.m. on Caplinger’s lawsuit seeking a declaratory judgment
Caplinger’s attorneys Sarah Cripps and Brandon Cox filed the lawsuit on Thursday, June 4.
“We are seeking to have Chief Caplinger restored to his rightful position as chief. We are also asserting that he is entitled to receive all accrued back pay and every other benefit to which he would be entitled had this unlawful suspension and termination never occurred,” Cripps told WJLE when the lawsuit was filed.
In the lawsuit, Cripps and Cox are asking for a declaratory judgment “to construe the charter for the City of Smithville and to determine which provision controls and governs the number of votes required by the Board of Aldermen to ratify or confirm the mayor’s decision to remove an employee of the city”. Cripps and Cox are also urging the court to find that the Board of Aldermen violated a section of the charter by not convening a meeting to ratify the mayor’s suspension of Caplinger without pay prior to the due process hearing. They are further asking that the court “hold and declare that Caplinger’s suspension without pay effective March 13, 2015 is invalid, and hence, a nullity” and that Caplinger be allowed to “receive all accrued back pay from March 13, 2015 until the date of the hearing in this cause”.
In the answer, filed Monday, July 6, city attorney Vester Parsley and Nashville lawyer Mark E. McGrady of Farrar & Bates, LLP claim that Caplinger was validly suspended and terminated by the Board of Mayor and Aldermen and that he is not entitled to back pay from the City.
Briefs have been submitted to the court and the attorneys for both sides are to make oral arguments before the judge on the day of the hearing. Judge Hollars could decide the case that day or submit a written ruling later.
After a seven hour due process hearing Friday, May 8 the Smithville Aldermen voted 3-2 to uphold Mayor Jimmy Poss’ termination of Caplinger.
But the vote itself became an issue and is one of the key components of the lawsuit.
Cripps and Cox insist that the city’s charter (Section 3.01) requires a two thirds majority vote (four out of five) to confirm a mayoral termination.
But during the due process hearing City Attorney Vester Parsley cited another section in the charter, which seems to conflict with Section 3.01 in that it allows for only ” a majority of the board” to approve removal of employees by the mayor. The aldermen followed Parsley’s recommendation to follow this section of the charter.