Selma Mayor Darrio Melton has filed a lawsuit against the Selma City Council.

Selma City Council Attorney Jimmy Nunn and Council President Corey Bowie both said Friday the lawsuit concerns the council taking away Melton’s appointment powers at a city council meeting on Sept. 25.

The council passed an ordinance on Sept. 25 to remove appointment powers from Melton on the police chief, fire chief and tax collector and give the authority to the council.

“The police chief, fire chief and tax collector still report to the mayor,” Nunn said. “The council can’t fire them, but can reappoint them on a month to month basis.”

Melton vetoed the ordinance on Sept. 27, a week before the council voted. The report also states the ordinance violates Alabama State law, making it null and void. He requests the court enter a preliminary injunction to maintain the status quo, then set a hearing and enter permanent injunction against the council to prevent them from getting the authority of appointment powers.

According to the lawsuit, the council’s action violates the 2011 case Scott v. Coachman, 73, which the Alabama Supreme Court held that a city council “doesn’t have the authority to override state law to take the general appointing authority from the mayor and assign that power to itself.”

Bowie, however, said Alabama Code Title’s 11 11-43-5 states that a council can appoint a fire chief, police chief and tax collector.

In the preliminary injunction and permanent injunction, it states that the council pay Melton’s attorney fees or approve the contract for payment of the Mayor’s office fees plus costs and grant such other relief as allowed by law.

Bowie said the council to settle the dispute immediately.

“This is an ominous cloud over our city,” Bowie said. “I hope this matter can be resolved quickly. It’s important that we be more concerned about the safety for the citizens of Selma.”

Multiple calls were made to Melton, who didn’t return calls to The Selma Times-Journal.