MICHELLE WILLARD, Post Editor
Posted: Friday, July 23, 2010 3:53 pm

Sheriff Truman Jones’ name will remain on the Aug. 5 County General Election ballot.

The Rutherford County Election Commission voted unanimously to accept a County Attorney’s opinion that stated a complaint filed by Republican Sheriff candidate Robert Arnold challenging Jones’ eligibility to run for re-election for the Rutherford County Sheriff came too late after the ballots had been finalized.

“We received the Post (Peace Officer Standards and Training) certification just like we are supposed to,” Election Commissioner John Taylor said. “It’s not our duty to investigate the validity of the POST certification.”

Arnold alleged Jones’ 2001 psychological evaluation was signed by a psychologist, Dr. Robert Scollon, whose license had expired in 1989. The same psychologist evaluated Jones in 1976.

“He did not complete the requirement to become a ‘qualified’ candidate for the office of sheriff for the 2002 election, the 2006 election or the 2010 election,” Arnold wrote in his complaint. “Hence he should be disqualified as a candidate.”

By state law all candidates for sheriff must pass a psychological evaluation to run for the office. That evaluation is then certified by the POST Commission and given to the local election commission.

"A number of sheriffs and other law enforcement officials underwent the same process of renewing our psychological certifications in good faith, and as directed by the POST Commission,” Jones said in response to Arnold’s allegation.

Earlier this week, the county attorney’s office issued an opinion dealing with the issue.

Assistant County Attorney Evan Cope opined the election commission does not have “any statutory authority … to investigate such an issue.”

Cope reasoned the complaint would have to be made before the ballot are finalized, which was in early June, for the election commission to investigate the claim and possibly remove Jones from the ballot.

“The election commission performed all the tasks and requirements in order to meet the letter of the law,” Rutherford County Elections Administrator Hooper Penuel said. “At the time, the Post (Commission) had certified Mr. Jones and that was our authority.”

Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com.