Following a series of hearings, meetings and public posturing, it appears the debate over whether or not the Selma City School Board properly fired former superintendent of education Dr. Donald Jefferson is finally heading to court.

On Monday, Oct. 31, Jefferson’s attorney, Terry Davis, filed a lawsuit in Dallas County Circuit Court, detailing three counts. But, the case was moved to Federal Court in Mobile soon thereafter once it was determined some of the claims were federal charges.

The following week, seeing that it might take significantly longer to have the case heard in Federal Court, Davis refilled the charges in Federal Court, removing all but one count — the count that board members violated Alabama’s Open Meeting Act.

With that change, and an agreement by attorney’s representing the board, the case is now expected to be sent back to the Dallas County Circuit Court “any time know.”

“This way — we feel — is the fastest to have our case get before a judge,” Davis said Thursday. “The time restraints on an Open Meetings case are much quicker and we would expect to be in court very soon.”

Jayne Harrell Williams, with the firm defending the Selma City School Board, said she has signed off on the request to remand the case back to Dallas County and once it is, the board has seven days to issue a response.

“Once that response is issued, there will be a preliminary hearing 10 days later,” Williams said. “I couldn’t imagine this case not being back in circuit court any later than next week. At this point, I could get an email notifying me of the change any second.”

Both Williams and Davis do not expect anything other than a possible response from the board to take place during the Thanksgiving holiday week.

The one count that remains in the suit ties back to two events leading up to Jefferson’s firing.

The first is Davis’ claim that the three board members, who voted to place Jefferson on administrative leave at an Oct. 13 board meeting, had met before hand and discussed their strategy.

The three board members Davis claimed met in violation of the state law were Frank Chestnut Jr., Brenda Randolph Obomanu and Holland Powell.

Those three board members, voted on Oct. 13 to place Jefferson on administrative leave. This vote came moments after board attorney Katy Campbell had provided a report detailing how Jefferson approved a contract with a student evaluation and professional development vendor without board approval.

“It is our plan to subpoena the phone records, the emails and the computers of each of those board members,” Davis said.

The second part of their claim deals with the naming of Gerald Shirley interim superintendent following the marathon termination hearing on Oct. 25, which ended at 3 a.m. the morning of Oct. 26.

According to Davis, the board members who took part in that hearing (Chestnut, Obomanu and Powell), were wrong in naming Shirley interim superintendent at that hearing. Davis said such a decision and vote should have been done in an announced board meeting.

Williams said the calls for subpoenas and evidence by Davis at this point is premature.

“There will be a preliminary hearing and the judge could look at Mr. Davis and say ‘you don’t have enough here’ and throw out the case right then,” Williams said. “But, if it is moved forward from the preliminary hearing, there would be time for discovery.”

In the end, if a judge rules board members did violate the state’s Open Meeting Act in meeting as a group before hand, those members participating could face a fine of $1,000 or half of one month’s salary, whichever is less.

The judge could also rule their actions that day null and void, which would, Davis said, reinstate Jefferson as superintendent of education immediately.

“This case is real easy to resolve,” Davis said. “All they need to do is put Dr. Jefferson back in office and that would save the school system a whole lot of money.”