Published: August 10, 2009 03:09 pm      

Election commission, York seek dismissal of suit in response to complaint

An attorney defending the Cumberland County Election Commission and Sharon York filed an answer in the complaint filed against them by former Administrator of Elections Suzanne Smith.

In the answer attorney Jeff Ward of Ward, Williams states they agree the election commission's Republican members discussed the election commission prior to the April 22, 2009 meeting in which Suzanne Smith was released and York was hired as administrator.

The suit Smith filed seeks a writ of certiorari which requests Chancellor Ronald Thurman to review the decision made by the Cumberland County Election Commission on April 22, 2009, find the meeting to be "illegal and void" regarding the termination of Smith and to reinstate her job immediately with back pay and benefits for the time she was off.

A hearing on the matter was scheduled for Friday, Aug. 7, but it was removed from the docket, according to the Putnam County Clerk's office.

In the answer Ward states allegations in the complaint are denied and the answer requests they be explained and that "strict proof is demanded" of each allegation.

The answer was filed Aug. 4, 2009. The answer states the "Cumberland County Election Commission and Ms. Sharon York, pray that this case be dismissed with cost taxed to the Petitioner (Smith)."

However, Jeffrey Beemer, attorney for the individual defendant commissioners serving on the Cumberland County Election Commission, admitted the group violated the state's Open Meetings Act (Sunshine Law) in naming York as administrator of elections.

The admission was made in the defense's answer to the complaint filed by Smith in the other suit.

That answer to the complaint was filed July 7, 2009 in the Circuit Court of Cumberland County. The individual defendants in the case are Cumberland County Election Commission members Denver Cole, Thomas Henderson and Calvin Smart.

"The defendants admit that they agreed and decided in advance of the April 22, 2009 Election Commission meeting that they would appoint Sharon York as administrator of elections, which resulted in the termination of the plaintiff (Suzanne Smith) as administrator of elections ...," the response states.

In the meantime the election commission decided to make York an interim administrator of elections and interview candidates for a permanent administrator.

The election commission is scheduled to meet Tuesday at 4 p.m. to interview the eight final candidates for administrator of elections permanent position.

Those candidates in no particular order are Brian Jones, Teresa Graham, Suzanne Smith, Gordon Linkous, Machelle Tenbroeke, Alexis Denton, Patrick Dean and Sharon York.

The candidates will be interviewed again at 4 p.m. at the election commission office on Main St. across from the Cumberland County Courthouse.

Both lawsuits filed by Smith against the election commission and the individual members remain pending.