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published Wednesday, November 19th, 2008

Hamilton County Judge: Healy can seek office

A Hamilton County judge ruled Tuesday that former Parks and Recreation Administrator Rob Healy should be allowed to run for mayor on March 3.

Chancellor Howard People wrote in a 15-page opinion that the Hamilton County Election Commission erred by only following the advice of City Attorney Randy Nelson because Mr. Nelson’s opinion was faulty.

“The City Attorney’s Opinion Letter does not accurately reflect applicable law,” Chancellor Peoples wrote, “and is predicated on an unsustainable and legally impermissible assumption.”

PDF: Healy Decision

PDF: Court Ruling

POTENTIAL MAYORAL CANDIDATES

* People picking up petitions for mayor, so far include:

* Rob Healy

* Joe Lance

* Robert T. Nash

* Cecil Parrott

* Scott Seagle

Source: Hamilton County Election Commission

Mr. Healy said Tuesday “the court upheld what is right and fair.”

Still, he said he’s at a disadvantage because he must start on his campaign later than he wanted.

“I have a lot of work to do to raise the necessary funds and build an organization to run an effective campaign,” Mr. Healy said.

Mr. Healy sued the Hamilton County Election Commission almost two weeks ago when commissioners voted 4-0 not to allow him to run for mayor. The decision was based upon an opinion by Mr. Nelson. He contended that the City Charter, ratified by public vote in 2002, should have stated that a person must live in the city for one year prior to an election’s qualifying date.

Chancellor Peoples, however, said the 2002 ratification was approved by city voters and specifically stated that a person qualifies as a candidate if they move into the city one year prior to the election date.

Mr. Healy moved into the city in February.

Chattanooga Mayor Ron Littlefield said Tuesday he welcomed Mr. Healy into the campaign.

Mr. Healy was head of the Parks and Recreation Department until he had a heated exchanged with the mayor. Mr. Littlefield later fired Mr. Healy.

“The process is what it is,” Mr. Littlefield said. “We’ll continue to move forward with the campaign.”

Jerry Summers, attorney for the election commission, said Tuesday he’s advised the commission not to appeal.

“We felt it was the case that the court should decide,” he said.

Staff Writer Matt Wilson contributed to this report.

about Cliff Hightower...

Cliff has worked for the Times Free Press for five years and covers Chattanooga city government. He previously covered Rhea County, as well as transportation and growth and development in Southeast Tennessee. A native of Maryville, Tenn., Cliff graduated in 2003 from the University of Tennessee with a bachelor’s degree in communications with an emphasis on journalism. Before coming to Chattanooga, he was a crime reporter with Hernando Today, a supplement of The Tampa (Fla.) ...

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