Hearing will decide Charles Sharrock's eligibility

photo Charles Sharrock

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Before he can try to reclaim power, ousted Fort Oglethorpe City Councilman Charles Sharrock must defend his right to run for election during a hearing this morning.

But he doesn't deserve even to be allowed to do that, said the lawyer for Detective Tammy Davis, one of three female city employees who accused Sharrock of sexual harassment when he was a councilman from 2008-12.

Attorney Stuart James said Sharrock's presence at City Hall -- where he will attend a hearing at 10 a.m. to determine if he can run for City Council again -- is a violation of federal law.

Fort Oglethorpe officials, however, say Sharrock has a right to come to the building even though the council fired him two years ago amid those sexual harassment allegations.

The dispute is really about the nature of City Hall. On one hand, it is a public building, the epicenter of Fort Oglethorpe, open to all.

But for Davis and other Fort Oglethorpe employees, City Hall is a place of business. And like any place of business, James said, the company can't let an employee accused of sexual harassment spend time around his victims.

He argues that Sharrock's presence is a form of discrimination against Davis, and federal laws are supposed to protect her. The issue came up last month after Sharrock qualified to run for his former council seat against Derek Rogers.

Davis told James that Sharrock now comes to City Hall several times a week.

"He's being pretty arrogant about it," said James, who is also representing Davis in a pending civil lawsuit against the city. "This is a guy who made a couple employees uncomfortable. The public needs access to City Hall. But if a member of the public came in and harassed female employees, would the city let him in? I don't think so."

But City Manager Ron Goulart said he doesn't want to ban any resident from City Hall. If Sharrock is conducting "official business" -- paying bills, filing complaints, requesting open records -- he is allowed in the public building.

However, Goulart added that he could file a restraining order if Sharrock's behavior was disruptive.

"It really puts us on the horns of a dilemma," Goulart said. "It could really create a serious issue. We may have to ask the court for some kind of guidance."

Goulart said Sharrock can come into the building for this morning's hearing with Elections Superintendent Orma Luckey and city resident James Cooper, who challenged Sharrock's eligibility to run for office.

In a letter to Luckey, Cooper wrote that Sharrock legally cannot run because he was guilty of malfeasance of office during his previous council term. In a November 2012 hearing, three city employees testified that Sharrock hugged, squeezed and kissed them.

"I didn't want to get in trouble and I didn't want to have any repercussions from it," said Stephanie Gowan.

"I felt threatened by [his hugs]," Davis said.

"He creeps me out," Jill Wynn testified.

Afterward, the rest of the council voted 4-0 to fire Sharrock. In July 2013, Superior Court Judge Jon "Bo" Wood upheld the council's decision, writing that Sharrock "has committed the use of illegal conduct in the performance or administration of his office which is unbecoming the character of a public officer."

Since his ouster, Sharrock has maintained that he is innocent, that the rest of the council voted him out because they were threatened by his ideas for the city. He declined to comment on the complaints about his return to City Hall, saying only that nobody had talked to him about the issue.

He said he doesn't plan to make an argument during this morning's hearing. He said he doesn't need to defend himself.

Cooper, who will argue against Sharrock, disagrees.

"An elected official obtains the privilege to serve only by earning the trust of a majority of the electorate," he wrote in his letter to Luckey, "and the official must be careful not to compromise that trust."

Contact staff writer Tyler Jett at tjett@timesfreepress.com or at 423-757-6476.

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