Elections superintendent told she has no right to judge fired councilman's case

Orma Luckey

FORT OGLETHORPE, Ga. -- A local lawyer challenging a city council candidate's eligibility told the person judging his argument that she had no right to judge the case at all.

During a hearing concerning the eligibility of Charles Sharrock, attorney McCracken Poston told Fort Oglethorpe Elections Superintendent Orma Luckey that she should recuse herself.

Poston and attorney Stuart James represent James Cooper, a citizen who is challenging Sharrock's right to run for office. Sharrock was a city councilman until November 2012, when the rest of the council voted to fire him after three city employees testified that Sharrock sexually harassed them.

Because the council convicted Sharrock of malfeasance of office (and because Superior Court Judge Jon "Bo" Wood upheld this conviction in civil court), Cooper said Sharrock is not allowed to run for office again until his original term was supposed to end in 2015.

But Sharrock is on the ballot for next month's election. When he filled out paperwork to run for city council in September, Luckey told various media outlets that none of Fort Oglethorpe's laws barred him from running again.

Today, Poston told Luckey that she had already decided how to rule on the issue before this morning's hearing -- just like many people in this city of 10,000 people.

"Madam superintendent," he told Luckey, "we're in Fort Oglethorpe. Nobody walked in this room without having already made up their mind about this. Madam Superintendent has already stated her opinion."

"I am still the superintendent," she said. "I am still in charge. You are not to make any judgement against me. ... When I made that statement (to the media), that was to be made that I did the research. ... No more will be made on that term. That's it."

Luckey said she will decide whether Sharrock can still run for office next week. Early voting begins Monday. If people vote for Sharrock and Luckey later rules that he is ineligible, that vote will be thrown out.

See tomorrow's Times Free Press for more information.

Contact Staff Writer Tyler Jett at tjett@timesfreepress.com or at 423-757-6476.

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