Following a 90 minute hearing Wednesday morning in DeKalb County Circuit Court Judge Amy Hollars said she would render an opinion soon in the case of former Smithville Police Chief Randy Caplinger versus the City of Smithville.
Attorneys for both sides presented oral arguments before Judge Hollars in the lawsuit in which Caplinger is seeking a declaratory judgment. No witnesses were called to testify.
Caplinger’s attorneys Sarah Cripps and Brandon Cox filed the lawsuit on Thursday, June 4.
At the heart of the case is how many aldermen votes are required to fire the police chief. In May, the council voted by a 3-2 simple majority to uphold Mayor Jimmy Poss’ termination of Chief Caplinger.
Cripps and Cox insist that the city charter calls for a super majority (four votes) for such action.
The mayor placed Chief Caplinger on suspension without pay pending termination on Friday, March 13. After Caplinger refused to resign or accept a severance package, the mayor fired Caplinger on March 19 and cited eight reasons for the termination.
Cripps and Cox then requested a due process hearing.
The attorneys for Caplinger said their client was not an “at will” employee as city officials claimed; that he could only be terminated for “just cause”; and that he could only be removed by the mayor with the approval of at least two thirds (not less than four members) majority vote of the council present and voting upon the removal according to the Smithville City Charter.
After a seven hour due process hearing Friday, May 8 the Aldermen voted 3-2 to uphold Mayor Jimmy Poss’ termination of Caplinger. Aldermen Gayla Hendrix, Danny Washer, and Jason Murphy voted in favor of the mayor’s action. Aldermen Shawn Jacobs and Josh Miller voted against it.
Again, Cripps and Cox insisted that Section 3.01 of the city’s charter requires a two thirds majority vote (four out of five) to confirm a mayoral termination.
But during the May 8 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. Parsley recommended that the aldermen follow this section of the charter.
In the lawsuit, Cripps and Cox are asking the court to preserve both sections of the charter but to find that Section 3.01 (requiring a 2/3 super majority vote) controls because it is more specific than Section 3.08.
Cripps and Cox also contend that the aldermen violated section 3.08 of the charter in that they failed to convene for a vote to ratify the mayor’s unilateral suspension of Caplinger prior to the May 8 due process hearing. This, they claim renders the suspension of Chief Caplinger null and invalid.
They are further asking that Caplinger be allowed to “receive all accrued back pay from March 13, 2015 until the date of the hearing in this cause
City Attorney 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 under terms of the charter and that he is not entitled to back pay from the City.
Judge Hollars said her written ruling is expected soon, possibly after she hears a separate medical malpractice case scheduled for the next two weeks.
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