Rob Healy

Former Chattanooga Parks and Recreation Director Rob Healy has not lived in Chattanooga long enough to run for mayor, according to the findings of Tennessee Elections Administrator Brook Thompson.

“A candidate for mayor must meet the residency and age requirements by the qualifying deadline,” Mr. Thompson wrote in a letter addressed to Jerry Summers, attorney for the Hamilton County Election Commission. “Any candidate aggrieved by this interpretation may seek a declaratory judgment from a court, and the election commission will follow the order of that court.”

Mr. Healy has said he was adhering to language in the City Charter that stated a candidate must live in the city a year before the election rather than the qualifying date.

“I’m very surprised by (Mr. Thompson’s interpretation),” Mr. Healy said.

According to the City Charter, “No person shall be elected to the office of mayor unless he or she has been a resident of the City of Chattanooga for at least one year prior to his or her election.”

But Mr. Thompson pointed out that the City Charter goes on to state: “The residency and age requirements must be met at the time (s)he qualifies to run for office.”

Chattanooga City Attorney Randy Nelson has said the charter should state that a candidate must live in the city for a year before the qualifying date. He said that statement was left out of the charter due to a “clerical oversight.”

Despite the ruling, Mr. Healy said he does not believe that Mr. Thompson’s finding officially disqualifies him. The Election Commission still must issue a ruling as to whether he can run, he said.

But if a legal challenge is necessary to run, it may be prohibitively expensive, he said.

On Monday, the Election Commission took no action on the question of whether Mr. Healy, who said he moved to Chattanooga in February, is qualified to run for mayor. Mr. Summers told the commissioners they would need to act if Mr. Healy files qualifying papers to enter the race.

Mr. Healy would face off against Mayor Ron Littlefield, who fired him in March 2006. Mr. Healy said he still is considering whether to pick up qualifying papers.

The mayoral election is in March. Candidates must pick up qualifying documents by Sept. 19 and turn them in by Dec. 18, according to the Hamilton County Election Commission.