Attorney claims judge bias in Charles Sharrock sexual harassment case (with video)

Charles Sharrock, near right, listens a Attorney McCracken Posten, not seen, talks about the former city councilman to Fort Oglethorpe Election Supervisor Orma Luckey on Thursday morning during a special called hearing in the Fort Oglethorpe City Council room. Steve Cooper, far left, and attorney Stuart James also listen to the proceedings.

FORT OGLETHORPE - Elections Superintendent Orma Luckey sat above the rest of the crowd inside City Hall on Thursday morning listening to arguments about whether ousted Councilman Charles Sharrock can run for office again next month.

Representing a citizen who objected to Sharrock's campaign, attorneys Stuart James and McCracken Poston told Luckey that three sexual harassment claims against Sharrock should keep him off the ballot.

Sharrock, meanwhile, told Luckey that he has never been convicted in a criminal court. He says he is the victim of a witch hunt.

But in the middle of the arguments, Poston objected to the judge hearing the case. When Sharrock filled out paperwork to run for office in September, Luckey told several local media outlets that she had reviewed the laws and decided that nothing prohibited Sharrock from launching a campaign.

On Thursday, Poston said Luckey cannot be objective.

"The superintendent has prejudged this issue," he said. "Quite frankly, in all respect for the office that I am appearing before, that is not proper."

"I am still the superintendent." Luckey responded. "I am still in charge. You are not to make any judgment against me. ... When I made that statement, that was to be made that I did the research. ... No more will be made on that term. That's it."

But for Poston, that was not it: "The fact that madam superintendent has already given her opinion ... it speaks that madam superintendent has already made up her mind."

"We're not going to argue about it, Mr. McCracken," she said.

"Madam superintendent," Poston responded, "we're in Fort Oglethorpe. Nobody walked in this room without having already made up their mind about this. Madam superintendent has already stated her opinion."

But Luckey insisted again she could remain objective, and the hearing continued. She will make her decision next week. Early voting begins in Georgia on Monday. If somebody votes for Sharrock instead of his opponent, Derek Rogers, and Luckey later rules that Sharrock is ineligible, the vote for Sharrock won't count.

And even if Luckey rules in Sharrock's favor, and even if Sharrock wins the election, all those votes for him still might not count. James said after the hearing that, should Luckey allow Sharrock to run, he and Poston will appeal the decision to superior court.

Sharrock was a councilman until November 2012, when the four other members of the council unanimously voted to fire him after three city employees complained that he hugged them, squeezed them and kissed them at work. The council said Sharrock had committed malfeasance of office.

Sharrock appealed that decision, but Superior Court Judge Jon "Bo" Wood upheld the council's decision, writing that Sharrock "committed the use of illegal conduct."

During Thursday's hearing, Sharrock told Luckey that Wood's ruling should not be held against him. He said Wood held a "kangaroo court." And the council's decision to fire him? That was a set-up.

"This is nothing but just dirty, rotten politics in the city of Fort Oglethorpe," he said.

Sharrock did not address the fact that one employee complained that he sexually harassed her in 2008, another one did in 2009 and a third one did in 2012.

While Sharrock pleaded his case, Poston objected to the evidence he presented. Sharrock told Luckey that one of the three employees who accused him of sexual harassment later recanted. He said that Jill Wynn, the former code enforcement officer, told her that she and he were "all good."

When she heard Sharrock's statements later in the day, Wynn called him a liar.

"He came to my office after he had been instructed to not go near me and stay away from me," she said. "I never, ever said we were on good terms. I wanted him to leave me alone. He continues to bring me into it."

Sharrock also said that City Manager Ron Goulart promised to help Sharrock regain his seat after the council fired him in 2012 - evidence that Sharrock says proves that the firing was illegitimate.

Poston told Luckey that Sharrock's statements were hearsay. Poston told Luckey she should bring Goulart to the hearing to testify. But Luckey decided before the case that neither side would be allowed to call witnesses.

For his part, Goulart said after the hearing that he can't remember whether he promised to help Sharrock get his council seat back. Four months after council members fired Sharrock, they forced Goulart to resign. Sharrock says the council fired him so they would have the votes to later kick out Goulart.

But Goulart, who regained his city manager position in January, said Thursday that Sharrock's theory does not hold up. Councilman Earl Gray was Goulart's No. 1 ally when the other members of the council forced Goulart to resign. Gray was also the councilman who made the motion to fire Sharrock in November 2012.

"(Sharrock has) gotten the events somewhat reversed," Goulart said.

Contact Staff Writer Tyler Jett at tjett@times freepress.com or at 423-757-6476.