Chattanooga Personnel Director Donna Kelley said Monday she has asked Democratic sheriff candidate Greg Beck to step down from his job as a City Court officer during his run for Hamilton County sheriff.
Ms. Kelley said city code stipulates that city employees must take a leave of absence if running for public office.
“We have a provision,” she said. “The provisions are in the code.”
Chattanooga city code states that an employee is required to go on leave once he or she publicly announces his or her candidacy, begins to campaign or qualifies as a candidate, whichever comes first.
Mr. Beck’s attorney, Jerry Summers, said that section of the code does not apply to Mr. Beck. Mr. Summers said Mr. Beck is an employee of the judicial branch, not the administrative or legislative branches of city government.
In a letter to Ms. Kelley dated March 26, Mr. Summers also questioned whether the code section in question is constitutional.
“I do respectfully submit that there is a strong question as to the continuing validity of this section,” he wrote.
In 2005, the City Council sued Mr. Beck, saying his holding a seat on the Hamilton County Commission violated a City Charter provision that bans city officers from holding other government offices.
City Court Judge Sherry Paty hired Mr. Beck as a court officer in August 2004. In February 2005, the County Commission appointed him to fill the seat vacated by state Rep. JoAnne Favors, D-Chattanooga.
Judge Paty could not be reached for comment Monday.
Chancellor Howell Peoples ruled then that Mr. Beck could keep his City Court job because he did not hold an office in city government, but instead served duties similar to a bailiff.
Mr. Summers said that ruling proves that the code does not apply.
“Chancellor Peoples held that he was an employee of the City Court, and that’s a different branch of government,” he said.
Mr. Summers, who also is the attorney for the Hamilton County Election Commission, said he would recuse himself from the case if it comes before the Election Commission.
The Hamilton County Democratic Party on March 15 selected Mr. Beck as its nominee in the Aug. 7 sheriff election.
Mr. Beck has said he does not plan to step down from his County Commission seat during the race.
Hamilton County Mayor Claude Ramsey on Monday voiced his support for former sheriff’s department Chief Deputy Jim Hammond at Monday’s meeting of the Hamilton County Pachyderm Club.
“I don’t have anything bad to say about Greg Beck,” Mr. Ramsey told the GOP group Monday afternoon. “But the best man for that job is Jim Hammond.”
The county GOP selected Mr. Hammond as its nominee on Thursday.
Mr. Hammond declined to comment specifically about whether Mr. Beck should take a leave of absence.
Former Hamilton County Medical Examiner investigator Jim Winters is seeking the office as an independent.
The sheriff’s seat came open when former Sheriff Billy Long resigned Feb. 6. Mr. Long is facing federal extortion, money laundering, gun and drug charges.
Staff writer Michael Davis contributed to this story.
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