Fort Oglethorpe Election Administrator Says Dismissed Councilman Sharrock Can Run Again

  • Friday, October 17, 2014

Fort Oglethorpe, Ga., Election Administrator has ruled that dismissed former Fort Oglethorpe Councilman Charles Sharrock can run for the post in the election in November.

He was put out of office by fellow council members in 2012 based on allegations by several female employees of alleged sexual harassment.

The election administrator submitted a written ruling after a recent hearing.

She said there is no reason under the law that he cannot be a candidate.

This is the complete unabridged Decision from Orma Luckey, the Election
Superintendent for the City of Fort Oglethorpe, Georgia, on the challenge by
Mr.
Cooper against the qualification of Mr. Sharrock in the November 4, 2014
Special Election.

###

October 17, 2014

TO: Mr. James S. Cooper
    Mr. Charles L. Sharrock

RE: DECISION OF QUALIFICATION CHALLENGE

Mr. Cooper and Mr. Sharrock:

This is my decision on Mr. Cooper's Challenge of Mr. Sharrock's
qualification as a candidate for the Fort Oglethorpe Special Election on
November 4, 2014 To Fill The Unexpired Term Of A Council Member Vacancy For
Ward 4.

PROCESS OF DECISION
-------------------

As Election Superintendent for the City of Fort Oglethorpe, I followed this
process in making my decision:

1.  Upon receiving the Challenge from Mr. Cooper, I set up a hearing on this
matter for October 9, 2014, at Fort Oglethorpe City Hall. Under my authority
as established in 21-2-70 [Georgia Election Code Annotated (GECA)], I
established the following clear and simple rules for this hearing:

"The purpose of this hearing is for gathering information from each side,
and I will not allow interruptions or distractions.

"Each side will have a total of 30 minutes to speak. Each side can divide
their 30 minutes between speakers however they want, for a maximum of 30
minutes per side. If your time has run out, I will let you know and you will
stop.

"Each speaker will address me (and only me) from the podium. This is not a
debate or a conversation; this is a hearing."

2.  After the hearing, I reviewed the spoken statements made by both the
representatives of Mr. Cooper and by Mr. Sharrock, and I also reviewed the
documents submitted to me at the hearing.

3.  I consulted the Election Code for the State of Georgia, including:

"No person shall be eligible for party nomination for or election to public
office [.] in connection with any election or primary held under this
chapter, if under the laws of this state, any other state, or the United
States he or she has been convicted and sentenced, in any court of competent
jurisdiction, for fraudulent violation of primary or election laws,
malfeasance in office, or felony involving moral turpitude, unless such
person's civil rights have been restored and at least ten years have elapsed
from the date of the completion of the sentence without a subsequent
conviction of another felony involving moral turpitude." [21-2-8 GECA]

"No person who has been convicted of a felony involving moral turpitude may
register, remain registered, or vote except upon completion of the
sentence." [21-2-216(b) GECA]


and the Charter of the City of Fort Oglethorpe, GA:

"No person shall be eligible to serve as councilmember unless that person
shall have been a resident of the city for 12 months prior to the date of
election of mayor or members of the council. Each councilmember shall
continue to reside in the city during that member's period of service and to
be registered and qualified to vote in municipal elections of this city."
[Section 2.11, City Charter]

4. I consulted the roll of eligible voters for Fort Oglethorpe for the
November 4, 2014 election.


FINDINGS
--------

As a result of my decision process, I find as follows:

1.  The Georgia Election Code is very clear (as quoted above from 21-2-8
[GECA]) in its specific conditions that disqualify a candidate.

2.  During the October 9, 2014 hearing, there was no proof submitted of any
conviction and sentencing on alleged offenses or felonies (such as
malfeasance, moral turpitude, sexual harassment, or others) for Mr.
Sharrock.

3.  During the October 9 hearing, there was no dispute that Mr. Sharrock met
the City Charter requirements of having resided in the city for 12 months,
of continuing to reside in the city during that member's period of service,
or of being registered and qualified to vote in municipal elections of the
city.

4.  Mr. Sharrock was listed as being qualified by the State of Georgia to
vote in the November 4, 2014 election, under 21-2-216 (GECA).

5.  Mr. Sharrock  meets the qualifications required by Fort Oglethorpe
(Section 2.11, City Charter).


CONCLUSIONS
-----------

My findings lead me to conclude that:

1.  Based on precedents from the Georgia Supreme Court, the right "to hold
office is the general rule, ineligibility the exception." [Patten v. Miller,
190 Ga. 123, 139, 8 S.E.2d 757, 768-69 (1940); Westberry v. Saunders, 250
Ga. 240, 241, 296 S.E.2d 596, 598 (1982); Avery, 170 Ga. 202, 204, 152 S.E.
239, 241 (1930); McLendon v. Everett, 205 Ga. 713, 713, 55 S.E.2d 119, 120
(1949)]

2.  As well, the Georgia Supreme Court has stated that "a citizen may not be
deprived of this right [to hold elective office] without proof of some
disqualification specifically declared by law." [E.g., Patten, 190 Ga. At
139, 8 S.E.2d at 769; McLendon, 205 Ga. at 716, 55 S.E.2d at 122]

3.  Disqualification requires "conviction and sentencing" under 21-2-8 of
the Georgia Election Code Annotated. Note that under the Attorney General of
Georgia's opinion, "Indictment alone would not disqualify person as
candidate for public office." [1968 Op. Att'y Gen. No. 68-102]

4.  The absence of proof of such conviction and sentencing is supported by
the State of Georgia's affirmative qualification of Mr. Sharrock to vote in
the November 4, 2014 election, since the State's application of 21-2-216(b)
(GECA) would have prevented such qualification, had Mr. Sharrock been
convicted and sentenced on the offenses and felonies listed in 21-2-8
(GECA).


DECISION OF THE ELECTION SUPERINTENDENT
---------------------------------------

The Georgia Election Code lists very specific reasons why a candidate would
be disqualified, including being "convicted and sentenced [.] of malfeasance
in office, or felony involving moral turpitude" [21-2-8 (GECA)].  Mr.
Sharrock has not been convicted and sentenced of such offenses. Mr. Sharrock
meets the qualification standards set by the State of Georgia and the City
of Fort Oglethorpe.

Therefore, I so rule that Mr. Sharrock is qualified to be a candidate in the
November 4, 2014 election and Mr. Cooper's challenge is denied.


(signed)
Orma M. Luckey
Election Superintendent for the City of Fort Oglethorpe


CC:
Lynn Long, Mayor of Fort Oglethorpe
Carol Murray, City Clerk of Fort Oglethorpe
Robert Stultz, City Attorney of Fort Oglethorpe
Linda Ford, Director of  Elections Division (Georgia Secretary of State)
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