The Hamilton County Election Commission on Monday took no action on the candidate eligibility questions surrounding former city Parks and Recreation head Rob Healy, who is considering a challenge to Mayor Ron Littlefield next spring.

Commission attorney Jerry Summers said it is his opinion that Mr. Healy does not meet the residency requirement to be able to run for the office. But since Mr. Healy, who was fired by Mr. Littlefield in March 2006, has not yet filed a qualifying petition, Mr. Summers told the commission members that they do not have to take any action.

“If he files his qualifying petition … we’re under an obligation to make a decision,” Mr. Summers said in an interview Monday after the meeting. “If he doesn’t file his petition, it’s a moot question.”

The issue at question is “ambiguity” with the residency requirements and whether Mr. Healy would need to live in Chattanooga a year before the March city election or a year before the date on which he would qualify to run, Mr. Summers told election commissioners.

The City Charter should state that a candidate must live in the city at least 12 months before the qualifying date, but due to a “clerical oversight,” that was left out of the charter during a 2002 recodification, City Attorney Randy Nelson stated in a legal opinion to state Election Coordinator Brook Thompson.

Mr. Healy said Monday afternoon that he was disappointed by the Election Commission’s inaction.

“I just don’t feel like it’s a lot to ask somebody to clarify what the rules are,” said Mr. Healy.

He said he’s been going by the language that a candidate must live in the city a year from the date of the election. Mr. Healy has said that he moved to Chattanooga in February.

Meanwhile, Mr. Summers told election commissioners that Mr. Healy could file a lawsuit in order to get a judge’s opinion on whether he would qualify to run or not.

Mr. Healy said he would not file such a suit, saying it would be very expensive.

“I wouldn’t do that,” he said. “I’m trying to figure out what is legal and what is the right thing.”

A candidate for the March election can pick up qualifying documents on Sept. 19 and has until Dec. 18 to turn them in, according to the Hamilton County Election Commission.

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