There is an interesting article in the News-Sentinel discussing Rep. Chad Faulkner. Click here. Faulkner requested the recent State Attorney General's Opinion on deputies running for partisan office.
[After this THIRD state AG opinion on this subject over a 6-month period and after campaigns had been underway for some time, Hamblen County attorney Rusty Cantwell finally advised Sheriff Esco Jarnagin that Jarnagin had to ask the deputies running for office to resign or be fired. The local "news"paper apparently didn't ask or didn't report on comments from any local members of the Civil Service Board (Joel Seal, Scott Purkey, and Tim Horner) or the Civil Service Board attorney Jeff Taylor about this matter. Click here.]
Faulkner is a deputy sheriff in Knox County who ran for State Representative while holding the office of deputy. The AG's opinion not only raises the question of whether he may now run for Sheriff of Union County but also whether he legally ran for State Rep (a partisan office) in the last election.
The Federal Hatch Act is now getting as much attention as the Sheriff's Civil Service Act of 1974.
Some, but not all, counties across the state adopted Civil Service for sheriff's department employees. Hamblen adopted Civil Service during former Sheriff Otto Purkey's last term---at Purkey's request and in the presence of numerous officers who requested that the county commission adopt the Act.
The Federal Hatch Act and Tennessee's Little Hatch Act have been around for a while.
Showing posts with label federal Hatch Act. Show all posts
Showing posts with label federal Hatch Act. Show all posts
Thursday, March 18, 2010
Wednesday, March 17, 2010
March 17, 2010 County Attorney Advises Sheriff Jarnagin: Deputies Covered under Civil Service Can Not Run for Office
In their online editions, the News-Sentinel (here) and the local "news"paper (here) reported late yesterday that Sheriff Esco Jarnagin informed three deputies running for office to resign or face termination. The local "news"paper stated that Jarnagin took the action as a result of a recent Attorney General's Opinion and upon the advice of County Attorney Rusty Cantwell.
The News-Sentinel noted that the Federal Hatch Act may also apply and prohibit deputies from running for partisan office. The Federal Hatch Act can apply to local and state employees where federal funding is involved. Click here. How the Federal Hatch Act prohibits local and state employees from running for partisan office is here.
I mentioned the recent Attorney General's Opinion last week (here) and reported on similar prior opinions going back to October 2009 here and here. All said the same thing. The state law, as it is written, says that those covered under the Sheriff's Civil Service Act of 1974 obtain a measure of job protection and other benefits but they also give up the right to run for office.
Two deputies (Ernie Burzell and Roy Rucker) were running for Sheriff in Hamblen County. One (David Kitts) was running for office in Jefferson County. Apparently all three refused to resign and were terminated.
As I have mentioned before, Attorney General's Opinion have persuasive authority but only a court of law can declare precisely what the law is, either rendering a decision that, in effect, upholds the AG's opinion or rendering a decision that has the effect of finding that the opinion is incorrect or that the law itself is unconstitutional.
Where the Civil Service Act has been adopted, many Sheriffs across the state have been forced to fire deputies who did not resign in order to run for office. It is unfortunate that the county attorney did not provide advice on this matter back when the October 2009 attorney general's opinion came out saying deputies covered by the Civil Service Act can not run for sheriff.
The News-Sentinel noted that the Federal Hatch Act may also apply and prohibit deputies from running for partisan office. The Federal Hatch Act can apply to local and state employees where federal funding is involved. Click here. How the Federal Hatch Act prohibits local and state employees from running for partisan office is here.
I mentioned the recent Attorney General's Opinion last week (here) and reported on similar prior opinions going back to October 2009 here and here. All said the same thing. The state law, as it is written, says that those covered under the Sheriff's Civil Service Act of 1974 obtain a measure of job protection and other benefits but they also give up the right to run for office.
Two deputies (Ernie Burzell and Roy Rucker) were running for Sheriff in Hamblen County. One (David Kitts) was running for office in Jefferson County. Apparently all three refused to resign and were terminated.
As I have mentioned before, Attorney General's Opinion have persuasive authority but only a court of law can declare precisely what the law is, either rendering a decision that, in effect, upholds the AG's opinion or rendering a decision that has the effect of finding that the opinion is incorrect or that the law itself is unconstitutional.
Where the Civil Service Act has been adopted, many Sheriffs across the state have been forced to fire deputies who did not resign in order to run for office. It is unfortunate that the county attorney did not provide advice on this matter back when the October 2009 attorney general's opinion came out saying deputies covered by the Civil Service Act can not run for sheriff.
Monday, March 15, 2010
March 15, 2010 Knox Deputy Decides To Run for Sheriff and Is Fired
In Knox County, they follow the civil service or merit protection law as it is written--no halfway measures.
The News-Sentinel posted an article late last night about a Knox County deputy who announced that he was running for Sheriff in Knox County and was promptly fired. Click here.
Of course, that is what the State Attorney General has repeatedly said is the law in Tennessee as it is written. Here and here.
Until someone successfully challenges the law in court, civil service in Tennessee apparently comes with a price. You get job protection with civil service, but in return you give up the right to run for public office.
And here is a link to information about the Federal Hatch Act--another law that is often mentioned when the subject of government employees running for public office comes up.
The News-Sentinel posted an article late last night about a Knox County deputy who announced that he was running for Sheriff in Knox County and was promptly fired. Click here.
Of course, that is what the State Attorney General has repeatedly said is the law in Tennessee as it is written. Here and here.
Until someone successfully challenges the law in court, civil service in Tennessee apparently comes with a price. You get job protection with civil service, but in return you give up the right to run for public office.
And here is a link to information about the Federal Hatch Act--another law that is often mentioned when the subject of government employees running for public office comes up.
Thursday, March 11, 2010
March 11, 2010 Another Attorney General's Opinion on Deputies Running for Sheriff
Click here for yet another in the continuing series of Tennessee Attorney General's opinions on deputies covered under Civil Service running for sheriff.
Although the opinion was requested by Rep. Chad Faulkner, several of the questions very closely mirror many of the situations in the Hamblen County Sheriff's race. According to the state attorney general, several deputies running for sheriff should have been dismissed from the sheriff's department after they announced their candidacies rather than being allowed to run while on leave without pay.
1. AG: If a deputy is covered under the Sheriff's Civil Service Act, he can not run for sheriff.
2. AG: If a deputy sheriff is covered by the civil service act in his county of employment, he can not run for sheriff in another county--even in a non-partisan election--because announcing his candidacy would be an endorsement of a candidate.
3. AG: A deputy covered under the civil service act can not solicit money for a political campaign (apparently, even his own) under any circumstances.
4. AG: A deputy who is covered under the civil service act and who is dismissed for violation of that act (e.g. for announcing his candidacy for a partisan race or for soliciting money for his campaign or that of others) has no cause of action for being fired or dismissed for violation of the statute.
Hamblen County Attorney Rusty Cantwell was going to ask for an AG's opinion at one time--presumably to ask these and/or similar questions. Click here. Too late now. The attorney general keeps saying the same thing over and over. The attorney general's opinion is clear.
But....an attorney general's opinion is just an "opinion." The ball has been tossed back into Hamblen County's court, the clock is ticking, and pretty soon the buzzer goes off.
Where does the State or Local Election Commission stand on this? What does Hamblen County Attorney/Hamblen County Ethics Officer Rusty Cantwell say?
Although the opinion was requested by Rep. Chad Faulkner, several of the questions very closely mirror many of the situations in the Hamblen County Sheriff's race. According to the state attorney general, several deputies running for sheriff should have been dismissed from the sheriff's department after they announced their candidacies rather than being allowed to run while on leave without pay.
1. AG: If a deputy is covered under the Sheriff's Civil Service Act, he can not run for sheriff.
2. AG: If a deputy sheriff is covered by the civil service act in his county of employment, he can not run for sheriff in another county--even in a non-partisan election--because announcing his candidacy would be an endorsement of a candidate.
3. AG: A deputy covered under the civil service act can not solicit money for a political campaign (apparently, even his own) under any circumstances.
4. AG: A deputy who is covered under the civil service act and who is dismissed for violation of that act (e.g. for announcing his candidacy for a partisan race or for soliciting money for his campaign or that of others) has no cause of action for being fired or dismissed for violation of the statute.
Hamblen County Attorney Rusty Cantwell was going to ask for an AG's opinion at one time--presumably to ask these and/or similar questions. Click here. Too late now. The attorney general keeps saying the same thing over and over. The attorney general's opinion is clear.
But....an attorney general's opinion is just an "opinion." The ball has been tossed back into Hamblen County's court, the clock is ticking, and pretty soon the buzzer goes off.
Where does the State or Local Election Commission stand on this? What does Hamblen County Attorney/Hamblen County Ethics Officer Rusty Cantwell say?
Tuesday, October 20, 2009
October 20, 2009 Can a Deputy Sheriff Campaign and Run for Sheriff Without Violating Federal or State Law?
The state attorney general has issued an opinion (AGO 09-167) addressing the question of whether deputy sheriffs who run for sheriff (without first resigning their deputy position) violate any state or federal law.
OPINION:
If the deputy sheriff's position or duties are in connection with an activity financed in whole or in part by federal loans or grants, then the federal Hatch Act would prohibit him from running for the office of sheriff unless he first resigned from employment as a deputy sheriff.
Additionally, a deputy sheriff in a county that has adopted the County Sheriff's Civil Service Law of 1974 is prohibited from making an endorsement of any candidate in any campaign for elected office. A deputy sheriff's announcement of his or her candidacy for the office of sheriff would constitute an endorsement of that candidacy. Accordingly, the deputy sheriff would be in violation of Tenn. Code Ann. Section 8-8-419 unless he or she first resigned from employment.
The complete opinion is here
This Tennessee AG's opinion could have implications for the current sheriff's race in Hamblen County as well as other counties. The Tennessee attorney general has opined that certain deputy sheriffs can not continue to serve as a deputy sheriff and run for sheriff at the same time. The AG's opinion is generally considered as persuasive authority, but it does not have the force of law. If a candidate for sheriff somewhere decides that he or she wants to challenge the right of a particular deputy sheriff to run for the sheriff's office, this AG's opinion may end up being tested in a court of law.
OPINION:
If the deputy sheriff's position or duties are in connection with an activity financed in whole or in part by federal loans or grants, then the federal Hatch Act would prohibit him from running for the office of sheriff unless he first resigned from employment as a deputy sheriff.
Additionally, a deputy sheriff in a county that has adopted the County Sheriff's Civil Service Law of 1974 is prohibited from making an endorsement of any candidate in any campaign for elected office. A deputy sheriff's announcement of his or her candidacy for the office of sheriff would constitute an endorsement of that candidacy. Accordingly, the deputy sheriff would be in violation of Tenn. Code Ann. Section 8-8-419 unless he or she first resigned from employment.
The complete opinion is here
This Tennessee AG's opinion could have implications for the current sheriff's race in Hamblen County as well as other counties. The Tennessee attorney general has opined that certain deputy sheriffs can not continue to serve as a deputy sheriff and run for sheriff at the same time. The AG's opinion is generally considered as persuasive authority, but it does not have the force of law. If a candidate for sheriff somewhere decides that he or she wants to challenge the right of a particular deputy sheriff to run for the sheriff's office, this AG's opinion may end up being tested in a court of law.
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