Some trying to use the New Johnsonville City Charter to prevent Chief Ellison from running for Sheriff

For those citizens of Humphreys County who are excited about Chief Wayne Ellison running for Sheriff we would like to share some information that clearly displays the nervousness of some who do not want to see him (Ellison) run. Over the past week, we have heard rumors that some of the New Johnsonville City Council members have taking issue with the Chiefs running and they are trying to use a section of the City Charter to express some concerns that Chief Ellison is not eligible to run or must resign as Chief in order to run.

 

After hearing about this, we at the HCIndependent set out to get to the bottom of what appears to us as a political move by some to prevent the Chief from becoming our next Sheriff. Moreover, we have found that the City Charter, specifically the section they are trying to use to prevent city employees from running for office while remaining employees, may very well be in violation of state law.  

 

Below is the section of the Charter we will be discussing.  

                         Link to New Johnsonville City Charter

 

SECTION 3.11. POLITICAL ACTIVITY PROHIBITED. BE ITFURTHER ENACTED, That no employee of the city shall continue in the employment of the city after becoming a candidate for nomination or election to any public office, but this provision shall not apply to the mayor, councilmen, C-17 members of boards or commissions, the city attorney, or other officers of the city. No person shall directly or indirectly give, render or pay any money, service or other valuable consideration to any person for or on account of or in connectionwith employment by the city government. No person shall orally, by letter or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription or contribution from any employee of the city in connection with any city election. An officer or employee of the city, other than the mayor or a member of council, shall not make any contribution to the campaign funds of any candidate in any city election. Any person who by himself or with others willfully or corruptly violates any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof he shall immediately forfeit and vacate the office or position he holds and be ineligible to hold any office or position of employment in the city government for a period of five years thereafter.

 

After reading this section one might say, “Well the Chief cannot run and remain the Chief of Police”, however, the question we ask is, “Can or does a City Charter have the power to supersede state law or operate in conflict with opinions set forth by the Tennessee Attorney General’s Office?”  We have found that the answer is no! In fact, T.C.A. 7-51-1501 actually supersedes any provision in a City Charter that would bar a city employee from running for state or local office while remaining an employee.  

In addition, does that law protect employees from being fired or asked to resign? To that, we say yes! The only stipulation in T.C.A. 7-51-1501 that would prevent the Chief from remaining employed is that he (Ellison) cannot run for city office, however running for state or other local office is a right guaranteed to him and protected by Tennessee state law.

         T.C.A. 7-51-1501 reads as follows,

   

Rights guaranteed to local government employees. Notwithstanding the provisions of any county, municipal, metropolitan, or other local governmental charter to the contrary, and notwithstanding the provisions of any resolution or ordinance adopted by any such county, municipality or other local governmental unit to the contrary, every employee of every such local governmental unit shall enjoy the same rights of other citizens of Tennessee to be a candidate for any state or local political office, the right to participate in political activities by supporting or opposing political parties, political candidates, and petitions to governmental entities; provided, further, the city, county, municipal, metropolitan or other local government is not required to pay the employee's salary for work not performed for the governmental entity; and provided, further, that unless otherwise authorized by law or local ordinance, an employee of a municipal government or of a metropolitan government shall not be qualified to run for elected office in the local governing body of such local governmental unit in which the employee is employed.

Now we already know what some of you will say and that is, “The language of the law states notwithstanding the provisions of the charter and this simply word makes it legal for a city to bar its employees from running for any political office or allows for the termination or request for resignation of that employee”. Therefore, we at the HCIndependent looked even deeper into the complex labyrinth of our states laws and we found several articles and Attorney General Opinions that clearly state that employees for a governmental subdivision may run for local or state office, just not for office in the governmental subdivision they work.  

The use of the word notwithstanding is meant to convey that while state law clearly allows a governmental subdivision to restrict an employee from running for political office in the subdivision of government they work, they can amend their charter to allow that employee to run for office within that subdivision, if they so choose. It is not a blanket statement set forth to allow a governmental subdivision, is this case the City of New Johnsonville, to completely bar or terminate an employee who wishes to run for other offices within a different governmental subdivision, in this case County Sheriff.  

In an opinion that was wrote by Tennessee Attorney General Robert Cooper in August 2010, (Opinion No. 10-94) the General opined that T.C.A. 7-51-1501 effectively overrules every local governmental charter provision or ordinance that purports to limit the listed political activities of its employees. Including the right to run for or be a candidate for any state or local elective office. The General further opined that pursuant to this statute, local employees are not prohibited by any city or county charter provision from running for elective office. However, unless authorized by law or local ordinance, an employee of a governmental body is not qualified to run for elected office in the local governing body in which the employee is employed.
                              Link to Tennessee Attorney General Opinion 10-94

 

This is where the simply meaning of the word notwithstanding comes into play again and the use of it to convey while a governmental subdivision may and can bar its employees from running for office within that subdivision, it may also amend its charter to allow its employees to run for elected office within that subdivision, if they so choose. (See also Opinion 96-106)

A governmental subdivision cannot design within the framework of its charter any policy, provision, section or ordinance that would seek to or does degrade or limited any state law unless that state law itself has design within its own framework to allow those policy, provision, sections or ordinances as with the notwithstanding provision of T.C.A. 7-51-1501.

Now, the fact that the City of New Johnsonville’s Charter states that employees may not run for any public office and remain an employee is in clear violation of a state law that guarantees that employee the rights and freedoms enjoyed by any other citizen of the state who wishes to seek public office. Moreover, the fact that T.C.A. 7-51-1501 supersedes any provision of any charter that would attempt to deny an employee their right to seek a political office outside their governmental subdivision of employment, in our opinion, nullifies most of Section 3.11 of the New Johnsonville City Charter.  

Based on this nullification by a superseding state law, It is our opinion any attempt to terminate an employee or ask them to resign for running for public office outside their governmental subdivision of employment, while using a public policy, in this case the City Charter, is in violation of state law and may be considered wrongful termination. This could open the city to liability and damages under civil court proceedings.

We have heard from some citizens of New Johnsonville that Chief Ellison has support among some of the Council members. However, we understand that several of the New Johnsonville City Counsel members are friends of our current Sheriff or they work for him at the Sheriff’s Department (Councilmen/Sheriff’s Office Capt. Rob Edwards) and it is not hard to figure out why some of them may be pushing the subject.

Now we are not saying that Sheriff Davis is behind this move however, we have heard that the idea of running against the Chief makes him (Davis) and others very nervous and rightfully so.  With a record like his (Davis) going up against the record the Chief has, we surmises there are some sleepless nights going on at the Davis residence.  

In addition, if there has been some kind of political move on the part of those who would like to see Sheriff Davis remain in office so he (Davis) may continue his reign of “alleged” corruption and moral deviancy, or because you are afraid you will be out when he (Davis) is, we say nice try and better luck next time. Just remember that change is coming and we are watching this election very close and all the old political tactics and tricks used in the past will be meet head on using the law and common sense.  

We encourage the residences of New Johnsonville who support the Chief becoming our next Sheriff to contact their City Counsel Person and/or Mayor and ask them to seek clarification of the law and if clarification confirms to them the City Charter is in violation of state law, to correct the issue as soon as possible.  

To Chief Ellison we have a simple message. Keep your chin up, your head level, put your knees in the breeze, drive-on to the Ranger objective, sir, and always remember Rangers lead the way! This county needs you and from the amount of messages we have received about you running for Sheriff, they want you as well.  We will be following this issue extremely close!!!!!!!!!