Legal technicality clouds Stamey’s election
Clinton Councilman and Clinton City Schools Athletic Director E.T. Stamey stands with Anderson County Community Action’s Susan Bowling.
The allegations stem from a passage from the city charter that states: “A vacancy shall exist if the mayor or a councilmember resigns, dies, moves from the city, or, if a councilmember, from the ward in which the Councilmember resides, is continuously absent from meetings for a period of six months, accepts a position of employment with the City, or is convicted of malfeasance or misfeasance in office, a felony, or a violation of the election laws of the state.”
Stamey, recently re-elected over his opponent Ron Young, falls into one of those categories. He is the athletic director of Clinton City Schools.
Stamey won against Young with 1,897 votes against Young’s 1,016.
The charter came into question once before in 2008 when the city requested an opinion from the Tennessee Attorney General regarding whether a schoolteacher in the Clinton City Schools System could run for council.
The answer was no, but with a caveat.
Then-Attorney General Robert Cooper wrote that the Tennessee Code “disqualifies municipal employees from eligibility to serve on the municipality’s legislative body unless otherwise authorized by law or local ordinance. The charter and ordinances of the City of Clinton do not authorize such eligibility.”
So, no, a city employee can’t serve unless the city passes an ordinance that says he or she can. In this case, the AG stated that the city council “is the city’s legislative body and has the power to establish and administer the city’s public school system.”
The Tennessee State Code states that every employee of a local government has the right to run for office unless that local government has a provision against it. It also says in the same section that a government employee can’t hold office in the same governmental unit where he or she works.
Stamey told The Courier News that he feels that the school system doesn’t necessarily fall under the city. He feels that he is the school’s employee, not the city’s. They have their own books and operate independently. He feels that he is the school’s employee, not the city’s.
Director of Clinton City Schools Kelly Johnson has asked for a new opinion from the current Tennessee Attorney General Herbert Slatery. If the AG determines that the city and school system are two separate governmental units, that should clear up whether there is a conflict of interest or not. If he determines that they are the same governmental unit, the city could still legally pass an ordinance allowing city employees to be city councilmembers.
Stamey said in a press release that if the new ruling states there is a conflict, he would resign. Until then, he plans to continue serving the citizens of Clinton as councilmember.
His statement reads in full:
“Late last week I was informed that a possible conflict could exist with my position as a councilman and my employment with the Clinton City School System. Clinton City staff has reviewed the City Charter and been in contact with several agencies and attorneys. Due to the difference of opinions regarding state law as it relates to municipal units, a State of Tennessee attorney general’s opinion has been requested by the director of Clinton City Schools. In the interim, I will continue to serve the citizens of Clinton who elected me to represent them, but will abstain from voting.
In the event it is determined that I cannot maintain my position as a councilman and the Clinton City School System, I am prepared to resign my position as councilmember. While that is a difficult choice, I feel my position as athletic director of Clinton City Schools serves a greater purpose by working with the children of our community.”