Deputy County School Superintendent Rick Smith on Tuesday removed his name from consideration as superintendent to replace Dr. Jesse Register.

He did so after County Commission Chairman Larry Henry earlier Tuesday said he is advised that the Superintendent Screening Committee may have violated the state Sunshine Law by using secret ballots.

Chairman Henry said, in that case, the County School Board should consider all six finalists for county school superintendent.

The selection panel, with Chairman Henry as one of the members, met last Saturday and cut the six finalists to three. Each member wrote down their top picks on a sheet of paper. Consultant Bill Attea examined the papers and said three out-of-state candidates got at least five votes each.

He said the other three, including local candidate Rick Smith, got from 0-3 votes.

In the wake of the Henry letter, the Superintendent Search Advisory Committee has decided to hold a special meeting at 5 p.m. on Friday in the Board Room at the Hamilton County Department of Education, 6703 Bonny Oaks Drive.

The purpose of this session is "to formalize the advisory committee's recommendations to the Board of Education."

Mr. Smith said in his letter:

Mr. Chip Baker, Chairman
Hamilton County Board of Education
911 Dunsinane Road
Signal Mountain, TN 37377

Dear Mr. Baker:

At this time I would like to withdraw my name from further consideration for the Superintendency of Hamilton County Schools. I have great respect for the process that the Board used in evaluating the candidates. I believe the nine leading community members worked in a fair and conscientious manner in selecting the three finalists for Superintendent of Hamilton County Schools.

I have absolute confidence in my leadership ability and know I have contributed significantly to the success of this system. I am prepared to support the Board’s selection for this important position. I look forward to working with the next Superintendent and Board as we continue the progress that has been made in the Hamilton County Schools.

In reaching this decision to withdraw from consideration, I wish to prevent further strife in the process and the community. As you know, I am very passionate about our community and our school system and will use my leadership position to continue the development of successful community engagement. All of our Hamilton County students deserve this support.

Sincerely,

Rick Smith
Deputy Superintendent

Chairman Henry sent a memorandum on Tuesday to members of the Superintendent Screening Committee. It also was sent to members of the County School Board and the County Commission.

It says:

"You will recall that, upon the advice of the consultant, secret ballots were used to screen candidates for the position of Hamilton County School Superintendent during the meeting of March 4, 2006. This action, I have since learned, may have been in violation of the Tennessee Open Meetings Act, known commonly as the “Sunshine Law,” and found in the Tennessee Code at Title 8, Chapter 44. The use of secret ballots is specifically prohibited in Section 104. The actions taken by the SSC are thus, “void and of no effect,” according to Section 105.

"I immediately reported this matter to the Chairman of the SSC, Mr. Tom Kinser. By copy, I’m also informing members of the Hamilton County School Board, who have the ultimate responsibility for selecting the Superintendent.

"My primary concern is that we may have unlawfully prejudiced the opportunity of those candidates not chosen as finalists, even if unintentional. Accordingly, I recommend that the School Board disregard our actions and consider each of the six (6) candidates, without regard to our action, fully and fairly."