It has been a long time in the works and it is still not here. Fayetteville City Council March 6 edged closer to reaching a resolution to the dispute with former police officer Harold Simmons over a 2005 lawsuit claiming racial discrimination. The council voted 4-0 to approve a settlement with Simmons.

The council considered the topic in executive session, returning to the council chambers within 15 minutes of temporarily adjourning the regular session. The motion to approve a settlement came with only a statement and the vote and no other comment.

Contacted Tuesday, Simmons said he was unable to make any comment at this time.

Simmons‘s conflict with the city began when he filed two complaints with the federal Equal Employment Opportunity Commission (EEOC) in April 2005 alleging racial discrimination committed by the Fayetteville Police Department.

The complaints followed Simmons’ termination from the department April 14 after he failed to comply with instructions to apologize to two fellow officers for taping them without their knowledge. That action came under previous Chief Johnny Roberts.

Responding at the time to questions related to Simmons’ firing, the city issued a statement April 21, 2005, disputing charges of discrimination, stating that an independent hearing officer had determined that no discrimination existed in the city’s requirement that Simmons apologize.

The federal lawsuit was filed in March 2007 for discrimination and retaliation, citing the city of Fayetteville collectively and City Manager Joe Morton, former Chief Roberts and former Police Maj. Steve Ledbetter individually.

Filed March 16, 2007, in the Newnan Division of U.S. District Court, the suit sought declaratory and injunctive relief, back pay, front pay, compensatory and punitive damage and attorney fees for race discrimination and retaliation under the Civil Rights Act of 1964. The suit also claimed negligent conduct and defamation and requested a jury trial.

Simmons and a number of officers subsequent to his 2005 dismissal cited a culture of fear that existed in the department led by Roberts. Both Roberts and Ledbetter left the department in summer 2005.

The council hired its new chief, Steve Heaton, in February 2006.