RuCo Dems call for Election Commission resignations on The Murfreesboro Post

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RuCo Dems call for Election Commission resignations

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By: MICHELLE WILLARD, Post Staff Writer

Posted: Wednesday, June 24, 2009 10:40 am

Rutherford County’s Democratic Party called for the resignation of two county election commission officers after a run-in with the press Monday night.

Monday night Rutherford County Election Commission Chairman Tom Walker tried to meet under lock and key to review the résumés of 91 applicants for the county Elections Administrator post.

"Americans value free and fair elections. Rutherford County citizens deserve adults on the Election Commission who know and obey the rule of law,” said RCDP Chair Jonathon Fagan.

“Otherwise, our trust in the democratic process is undermined,” he continued. “We don't need people in control of our election process who blatantly express their disregard for state law."

When local media representatives confronted Walker about his attempt to violate Tennessee’s Sunshine Law, which requires all governmental meetings to be open to the public, he replied, “So be it.”

Walker called the Murfreesboro Police Department to remove the two reporters at 5:30 p.m. He informed MPD dispatch “the press will not leave” and asked for police assistance in clearing the building.

Ten minutes later, Walker called back and informed dispatch the meeting had been adjourned and police assistance was no longer needed.

Similar scenes have taken place across the state at Election Commission meetings, including Rutherford neighbor DeKalb County.

In April the DeKalb County Election Commission fired Peterson and appointed her successor in secret, a direct violation of the Sunshine Law.

Between 30 to 45 Democratically appointed Election Administrators, like Peterson, have been replaced by Republican appointees since November.

Peterson has filed suit for wrongful termination, because she feels she was fired solely for her political affiliation.

Peterson’s attorney Gary Blackburn said as many as 95 may be replaced across the state.

“It’s a political issue and we’ll see how that works out,” he said. “It’s their intention to do this across the state.”

Blackburn said he has filed five lawsuits at the state level on behalf of fired Democratic-appointed election administrators and plans to file companion suits in federal court.

“It seems to be the new appointees to the election commissions are not terribly well informed about the jobs they’re doing,” Blackburn said when told about Walker’s attempt to close the meeting. “The law is the same in every county. You can’t deliberate out of the sunshine, as they say.”

Tennessee’s Attorney General issued an opinion earlier this year at the behest of state Rep. Kent Coleman (D-Murfreesboro), 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.

“They (election administrators) are only involved with the efficient execution of the law,” Blackburn said, adding they have nothing to do with formulating policy on the county level. In Rutherford County, the Board of Commissioners makes all policy decisions.

“The Tennessee constitution says no religious or political test will be required for any office, that includes administrative positions,” he continued.

Blackburn expects Republican commissioners to argue they are legally entitled to replace administrators at-will, regardless of political affiliation.

Regardless of the reasoning, the situation in Iran shows, the “danger in have political influence in the counting of votes,” he said.

Walker was appointed as chairman of the commission after the Republicans won the majority in both houses of the state General Assembly in November.

Earlier this year, long-time Democratic Election Commissioner Robert Rose stepped down and Republican Oscar Gardner took his place.

At the same time, Democrat John Taylor was replaced by Republican Walker as chairman of the commission, which is charged with ensuring fair and honest elections in the county.

At its May meeting the body voted to place a call for applications for the Elections Administrator post, which is currently occupied by Hooper Penuel.

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.

Tagged under Election Commission, Gary Blackburn, Hooper Penuel, John Taylor, Jonathon Fagan, Lisa Peterson, Oscar Gardner, Robert Rose, RuCo Democratic Party, Tom Walker

Member Opinions:

By: lightchick on 6/24/09
Just wondering if these positions are appointments to begin with. I don't disagree that the meetings should be open, but if these positions are political appointments then we shouldn't be surprised that the controlling party wants their guys in the positions.

By: prin on 6/24/09
I( understand the old term " to the victor goes the spoils" but seems that this situation has gone too far. I have worked with Mr. Penuel for several years at a local school voting place. I have always found him to be very helpful and willing to do what it takes for a smooth election. There is no reason to replace him and now some people believe they are beyond the law. Perhaps we could put partisan politics out of the way and leave a good situation alone. I say keep Penuel and someone teach the people, like walker, what the laws are. Perhaps he believes that the law is not for him !!!

By: abide on 6/25/09
There have been good people losing jobs over this power struggle and that isn't right no matter what your political affilaition is.

By: bota on 6/25/09
Walker may have been caught having to make a choice between keeping his word and the law. Those who do nor want their application made public can now withdraw. I think that this will be a learning experience about politics. I would have liked to see Mr. Penuel re-hired but I also think that because of the "dust-up" in the press that will not happen

By: Farmall on 6/25/09
Mr. Penuel sure didn't act bi-partisan the one time I met him. He went to great length to point out he was a Democrat. I want an honest person who you can't tell which party he/she affiliates themself with unless you ask.

By: TimeforJustice on 6/25/09
Farmall, it sounds like you are upset because Mr. Penuel was honest and told you exactly which sheeps clothing he wore. He was not being dishonest he was only telling you what you did not want to hear. Big difference. He has done a good job through the years and his political party should not hold the difference.

By: SocEtTuem on 6/25/09
This is a tempest in a teapot. Much ado about nothing on both sides. This messgae is for everyone involved: Grow up and act like responsible adults. We have much bigger fish to fry.

Maybe we should be raising at least this much hell about what's going on at the Sheriff's Department or on other areas of county government, like taxation. Somebody peed on somebody's bush over some resumes and now the partisans are screaming for resignations. Get over it.

By: canalou on 6/26/09
Seems the current crop of election commissioners don't like the laws of the land, so yes, let them resign. If current system works, I mean in-office employees, why replace it? Common sense is most-often best for public business....