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Chattanooga: Excess delays create setback in campaign, Healy says

By: Cliff Hightower
(Contact)

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Rob Healy

Chattanooga City Attorney Randy Nelson said the seven months it took to determine whether Rob Healy can run for mayor was not a stalling tactic.

“That is absolutely untrue,” he said Thursday. “That is my statement.”

Mr. Healy said the delay put his campaign at a disadvantage. With four months to go before the March city elections, he said he must put together a political campaign and raise money in a hurry.

There were unnecessary obstacles in the process to decide his eligibility to run, he said.

“I don’t think it should take that long,” said Mr. Healy, who stopped short of calling the delay intentional.

Mr. Nelson reports to Mayor Ron Littlefield, who is seeking re-election, and to the City Council. In 2006, Mr. Littlefield fired Mr. Healy, who was head of the city Parks and Recreation Department at the time.

Mr. Healy’s quest to run against his old boss ended in court this week when Chancellor Howell Peoples sided with Mr. Healy, who filed suit to resolve the question of his eligibility. In his 15-page opinion, Chancellor Peoples wrote that a 2002 ratification of the City Charter specifically states that anyone 30 years old and living in Chattanooga one year before election is eligible to run for mayor.

In July, Mr. Nelson contended that part of a 1990 ordinance had inadvertently been left out of the 2002 charter ratification, which was voted on by the public. But Chancellor Peoples disagreed, writing that Mr. Nelson erred when he said the charter should have stated that individuals must live in the city one year before the qualifying deadline on Dec. 18.

Mr. Healy moved into the city on Feb. 22, 2008. The city election is March 3, 2009.

During court testimony last week, Hamilton County Election Commission Attorney Jerry Summers said county and state election commissions relied heavily on the opinion of Mr. Nelson.

Jerry Farinash, an attorney who represented Mr. Healy in the case, said the problem arose from the 1990 ordinance, which was “inartfully drafted.” Mr. Nelson took over as city attorney in 1990.

“I really believe Mr. Nelson believes what he said,” said Mr. Farinash, who added that he did not think there were any intentional delays.

Linda Bennett, chairwoman of the City Council, said Thursday she did not expect any kind of backlash toward Mr. Nelson or a reprimand.

“It just looks like it’s one opinion against another,” she said. “I don’t really see the council getting in the middle of it.”

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