A draft complaint acquired by the Selma Times-Journal indicates that Montgomery-based attorney Julian McPhillips will be filing a lawsuit against the City of Selma early next year on behalf of the three Selma Police Department (SPD) officers placed on leave in September and former Parks and Recreation Department employee Carneetie Ellison.

The lawsuit stems from last week’s incident at City Hall – the four plaintiffs were accompanied by McPhillips to find out about the status of their requests for a hearing before the city’s Personnel Board when Sean VanDiver, who heads the Code Enforcement department and other positions within the city, informed them that they “were not entitled to a hearing,” according to the document.

The draft further states that VanDiver, in his position as “Acting Personnel Director,” informed the four plaintiffs that he could not explain why the four plaintiffs were being denied a hearing.

The draft states that McPhillips was informed by VanDiver to speak with attorney Rick Howard of Selma, who “represented the City of Selma and the Mayor.”

Upon speaking with Howard by phone later that day, Dec. 21, McPhillips was informed that Howard “did not, and could not, represent the City of Selma in any case with the three officers, because he himself also represented the three officers, together with the City of Selma, in other cases brought by other parties against the City of Selma.”

The lawsuit requests that the court issue and order requiring the City of Selma to allow the plaintiffs a hearing before the city’s Personnel Board or fully reinstate them, with back pay, into their positions in the city.

Further, the draft calls for the City of Selma to appear before the court and calls for the plaintiffs to receive damages for lost salary and income.

Attached to the draft are a copy of a letter sent to VanDiver and Selma Mayor Darrio Melton accusing them of “slander” and “defamatory comments” made in regard to the three officers and Kisha Parker, another terminated SPD officer, and demanding a formal and public apology, as well as copies of the letters sent to each officer notifying them of their paid, and later, unpaid leave and copies of the letters sent requesting a hearing before the city’s Personnel Board.

According to the letters, the officers were placed on paid leave Sept. 26 with Kendall Thomas receiving compensation for 115 hours every two weeks and both Toriano Neely and Jeffrey Hardy receiving compensation for 140 hours every two weeks.

One month later, each officer was informed they would be receiving compensation for “no more than 80 hours bi-weekly” and, a week later, the officers received a letter from SPD Chief Spencer Collier informing them that they had been placed on unpaid administrative leave.

“We don’t comment on personnel issues or pending litigation,” VanDiver said in an email.

According to Collier, Hardy has now resigned from his position.

“I prefer not [to] comment on any possible civil lawsuit,” Collier said of the pending lawsuit. “The Selma Police Department’s priority is the criminal investigation and felony indictments returned by a Dallas County Grand Jury against three Selma officers.”