Rutherford County’s Election Commission plans to review the 91 applications for the elections administrator job Thursday night, but it may be a moot point after a federal lawsuit was filed Wednesday afternoon.
“This has a direct impact on whether the representatives (election commission) in Rutherford County can terminate for political reasons and replace for political Hooper (Penuel),” Nashville attorney Gary Blackburn said.
Blackburn filed a lawsuit in federal court on behalf of seven county election administrators from across Tennessee who have been fired this year since the Republicans took control of election commissions statewide.
Rutherford County Elections Administrator Hooper Penuel, although still in his job, has joined the suit and is seeking stop the election commission from firing him until the case is resolved.
“We are seeking an injunction, a temporary restraining order until the issues are resolved,” Blackburn said.
Penuel has not been fired yet, but had to reapply for his post along with 90 other applicant. The election commission plans to review the applications at a 5 p.m. meeting Thursday night.
Rutherford County Election Commission Chairman Tom Walker could not be reached for a comment.
Blackburn explained local election commissions may have violated the First and Fourteenth Amendments of the Constitution, as well as the Tennessee Constitution by firing Democratically appointed administrators for Republican appointees.
Between 30 to 45 Democratically appointed elections administrators have been replaced by Republican appointees since November.
The main issue is a Tennessee Attorney General opinion issued earlier this year, which said it is against state and federal law to fire an employee based on political affiliation, unless they are in a policy-making position.
“Administrators are not policy-making positions and not subject to patronage,” Blackburn said, adding the suit also questions whether the state constitution’s prohibition on a political litmus test was also violated by the firings.
Blackburn asks the federal court to petition Tennessee’s Supreme Court to rule on this issue.
“That will resolve the state issue faster than going through courts in the counties,” Blackburn said, referencing the five outstanding local lawsuits he has pending for fired administrators across the state.
Blackburn also asked for the state supreme court to rule on whether elections administrators are state or county employees, because there are opinions on both sides.
Penuel was appointed in 2000, after having served as chairman of the Rutherford County Democratic Party. In 2008, he briefly considered a run for John Hood’s former state House of representatives seat, which was won by Joe Carr (R-Lascassas).
Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com. |
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