Randy White
Former Monore County Sheriff Bill BivensMonroe County, Tenn., officials have four months to fill the county sheriff's position after Randy White's August election was voided by a Chancery Court order.
White, a Republican, defeated incumbent Democrat Bill Bivens by 703 votes, but Bivens challenged the election, saying White didn't qualify to run.
Chief Deputy Tommy Jones will be the acting sheriff while county commissioners decide on a replacement, who could hold the seat until the next general election in August 2016.
Monroe County Attorney Jerome Melson said Friday the replacement must be a certified law enforcement officer.
Special Judge Don R. Ash on Wednesday ruled in favor of Bivens in his suit challenging White's qualifications to run for sheriff, according to documents filed in Monroe County Chancery Court.
Ash found that White was about two weeks short of the requirement for three years full-time law enforcement experience during the last 10 years as required by Peace Officer Standards & Training Commission rules to qualify to run for sheriff. White had worked two years and 349 days at the Vonore Police Department.
Ash also found White's salary of $20 per week was not his primary income because he was working as the full-time director of the county's emergency medical services department.
A July 22 POST Commission letter to the Monroe County Election Commission rescinded White's qualification to run, but early voting started on July 18 with White's name already on the ballot. The POST Commission did not rescind White's certification as a police officer.
"Sadly, substantial compliance, or almost fulfilling the requirement, does not meet the requirement to qualify to serve as sheriff," Ash states in the ruling.
White's attorney, Charles Burks, of Knoxville, said Friday that an appeal is likely but that he hasn't yet reviewed the ruling with his client.
Burks said qualifications to run for sheriff were revised in 2011 and those revisions have not been tested in an appellate court case to see how they'll be interpreted.
White probably will continue working in law enforcement - possibly at the sheriff's department - until the case runs its course, Burks said.
Bivens' attorney, Jim Bilbo, of Cleveland, said in a statement that Ash's ruling "is confirmation of the requirements established by the Tennessee Legislature for a candidate to run for and hold the office of sheriff in the state of Tennessee.
"Upon a thorough review of the judgment, we will make a decision as to what further actions, if any, are warranted on behalf of Bill Bivens," Bilbo states.
Contact staff writer Ben Benton at bbenton@timesfreepress.com or twitter.com/BenBenton or www.facebook.com/ben. benton1 or 423-757-6569.