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The following is a statement released by Selma Mayor James Perkins Jr. regarding the recent court ruling on a lawsuit filed by Neely Preservation Group, LLC of Selma:

Read the response by Council President Billy Young

“NG owned and operated by Marqueis De Anthony Neely, a/k/a Mr. Neely, filed a civil suit against me, in my capacity as Mayor and Terri Barnes-Smith, in her capacity as Treasurer. The issues in this case regarding the purported (unsigned) municipal contract for services entered into on April 15, 2021, between NG, LLC and the Selma, Alabama City Council (the “Contract”). NPG was incorporated in or around 2021 for the purpose of doing business with the City of Selma.

On July 13, 2021, a public City Council meeting was held in which I expressed concerns regarding the use of municipal funds, the terms and conditions of the Contract, and NPG’s ability to fulfill its obligations under the Contract. I also noted the City Council’s approval of the Contract without providing a copy to me, administrative staff, or the public prior to its passage. In an attempt to stop this abuse of public funds, I vetoed the City Council’s Contract with NPG. However, the City Council ignored my veto and proceeded with awarding, managing, and making payments on the contract without any executive branch oversight. The Contract was paying NPG $5,000 per month on a contract that automatically renewed with no expiration date. That is $60,000 per year, of public money, for an indefinite contract with no specified end date.

I did not approve the payment of any municipal funds that were disbursed to NPG. Municipal funds were disbursed to NPG solely under the authorization and execution of the City Council.

From July 2021 through June 2022, invoices for services allegedly provided by NG were signed and authorized by the President of the City Council, Warren “Billy” Young, or by a staff member appointed and under contract with the City Council. Checks issued to NPG were not authorized by me, but rather by Council President Young, and ultimately administered by a staff member appointed and under contract with the City Council.

In February 2022, around the time of the automatic renewal date of NPG’s contract term, I determined that NPG was not providing evidence of work performed on behalf of the City.

Furthermore, I was made aware that the City Council was issuing checks and executing the Contract with NPG, despite the statutory authority provided to the mayor under Ala. Code § 11-43-83.

I made numerous attempts to discuss the matter with Mr. Neely, but he refused to comply. It is at this point; I directed the Treasurer to stop the payment and ultimately terminated the contract.

November 21, 2022 NPG filed a civil suit against me, in my capacity as Mayor and Terri Barnes-Smith, in her capacity as Treasurer. Mr. Neely alleged that the Treasurer and Mayor wrongfully intercepted and withheld municipal funds to be paid to him under an ‘unsigned’ Contract for purported consulting services provided to the City of Selma.

Today, I am pleased to announce on Monday, March 24, 2025, the Court ruled in favor of Treasurer Smith and me by way of Summary Judgement. The Order states, “The issues in this case regarding the purported (unsigned) municipal contract for services entered into on April 15, 2021, between NG, LLC and the Selma, Alabama City Council (the “Contract”) are controlled by Ala. Code § 11-43-83. This statute requires Mayor Perkins to ensure that all City contracts are faithfully kept or performed.”

This case proves that Treasurer Smith and I were right to terminate the contract and stop payments to NPG. It also proves that the city council has been overreaching by involving itself in the executive functions of municipal government and coaching vendors to not comply with administrative actions to execute sound financial procedures to protect the citizens’ money. This decision clears Treasurer Smith and me of any wrongdoing and confirms that Mr. Neely was misadvised by the City Council, which led him to believe he was only accountable to them and not the administration. This is part of a pattern of bad politics that has plagued the City Council for years and caused public embarrassment for our community. The mayor has specific duties to perform and there are clearly written policies and procedures that all contractors with the city should follow.

The Court’s decision demonstrates that we were right to terminate the contract and halt payments to NPG. It also underscores the City Council’s overreach into executive functions, as they have repeatedly disregarded sound financial procedures to protect taxpayers’ money.

For context, the City Council has a history of defying sound financial practices. The Department of Public Examiners in their audit of city operations between October 1, 2015, and August 20, 2019, highlighted violations related to the Council’s actions. In that audit report the following statement was issued, “Given these results, the Alabama Department of Examiners found the following: The City Council adopted ordinance #0177-17/18 on September 25, 2018, directing and giving the President of the City Council authorization to execute contracts on behalf of the City whenever the Mayor is absent, declines, or fails to execute a contract. Pursuant to the Code of Alabama 1975, Section 11-43-83, the Mayor shall execute all contracts on behalf of the City. The adopted city ordinance appears to contradict State law.” Despite this, both the previous and current City Councils have continued to engage in this improper practice.

I remind you that very recently, I pointed out a substantial payout to a vendor for work that had already been done by the City; yet the City Council demanded that payment be made to a vendor for work not performed. I mention this because the NPG contract is not an isolated incident. I could go on and on about financial transactions initiated, managed, executed, and payments authorized without any executive branch input or oversight and when the executive branch was attacked for attempting to do our job of protect the citizen’s money.

Further citizens, I remind you that you directed me to stop fighting and I stopped publicly challenging the City Council’s actions. I stopped publicly fighting, but I never stopped fighting for you. Selma, enough is enough! This had to stop, or we would never be able to move forward.

Nonetheless, as your mayor, I have been willing to stand firm and protect your, the citizens, money from being paid out without any legal justification or proof of work being performed.

The brilliant defense provided by our attorneys pulled the City Council into the case and forced them, through great legal work, compromise, and a firm stand on doing what is right, to change the Ordinance that they passed for themselves to overreach into the executive branch of government and abuse State Law. Yet, even after the City Council agreed that State Law 11-43-83 is correct and they agreed to change the local ordinance that they felt gave them the authority to execute administrative functions, and despite the Judge has ruled that I am right on this issue, this City Council has continued this behavior even to this day. During the City Council meeting this past Tuesday hostile language was thrown at me threatening to appeal the Judge’s ruling. Again, they show a willingness to power-grab and spend to get their way. I have now been forced to reissue a directive, originally sent on August 19, 2021, instructing the City Clerk and Finance Department to follow procedures on issuing purchase orders that are submitted by City Council members without proper executive oversight and approval. The procedures were written by an accounting firm chosen by the City Council. My sole goal is to require the City Council to follow standard accounting practices, state law and in-house procedures.

What the citizens should be really concerned about is that the City Council consistently sides with vendors to pay out extremely large sums of money without any administrative oversight. I was hoping this Court decision would stop them in their tracks. But that does not seem to be the case Regardless of their tactics, I refuse to allow them to push me into a corner, intimidate employee who do not agree with their demands, and continue to recklessly spend your money. I wi continue to do the job you elected me to do and that is to serve as your mayor.

As a relevant side note. Section 24 of the Handbook for Mayors and Council members (2020 Edition) (“League Municipal Handbook”) defines the Mayor’s power to direct and supervise as Chief Executive and states as follows: “The council may not adopt any ordinance or resolution requiring the mayor to give written instructions and orders to employees and officers of the municipality, nor may the council require employees and department heads of the municipality to answer directly to the council for their actions and to receive their instructions, in whole or in part, directly from the council[.I” But I bring to your attention that right now a Declaratory Judgement Petition is pending before the Dallas County Circuit Court filed on the City Attorney’s behalf challenging the Selma City Council’s authority to appoint and/ or discipline the City Attorney. This pattern of

overreach into administrative functions runs rampant and if Selma is to get municipal government right, the City Council needs to understand they are a separate branch of government and not a board of directors to which the executive branch serves under.

To the citizens of Selma: I have never stopped fighting for you. While I honored your request to avoid public confrontations, I have remained steadfast in protecting taxpayer dollars and now the Court agrees with me and has ruled in my favor. Enough is enough! I will not allow continued financial mismanagement to undermine our city’s future.

As your mayor, my duty is to ensure transparency, accountability, and responsible governance.

This court ruling affirms that my administration acted lawfully and in the best interest of Selma. I remain committed to upholding financial integrity and ensuring that taxpayer dollars are spent responsibly.”

Mayor James Perkins Jr.

City of Selma