A court date has been set for the wrongful termination suit filed against the City of Smithville by former Police Chief Randy Caplinger.

Court documents show that Judge Amy Hollars has set a final hearing and oral argument in DeKalb County Circuit Court at 9 a.m. on Oct. 14 in the suit, filed by attorneys Sarah Cripps and Brandon Cox in June on Caplinger’s behalf.

The suit asks 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."

Caplinger’s attorneys feel that four votes are required according to one section of the city charter to confirm a mayoral termination.

At a May due process hearing, however, Parsley cited a different section of the charter which apparently calls for it allows for only three votes.

An answer to the suit filed by city attorney Vester Parsley and Nashville lawyer Mark E. McGrady holds that Caplinger was validly suspended and terminated by the Board of Mayor and Aldermen.