NEWPORT-Sgt. Armando Fontes of the Cocke County Sheriff's Department complained Tuesday that a clause inserted in a draft civil service law for the sheriff's department is "politically motivated" because it would require deputy sheriffs of the sheriff's department, including Fontes, to quit their jobs in order to run for the position of county sheriff.

Fontes made it clear at a public meeting of a civil service board under consideration that he believes Cocke County Sheriff Claude Strange is trying to make it difficult for him, and possibly others in the sheriff's department, to run against Strange in next year's election for sheriff.

"I firmly believe this is politically motivated to keep me from running for sheriff," Fontes said.

Fontes said if the draft law is approved as currently written, he would be forced to quit his job in order to run for sheriff.

Sheriff Strange told The Newport Plain Talk this morning that the draft civil service law is "not politically motivated, in any way, form, or fashion."

Fontes also noted that the stipulation for candidates to quit their jobs at the sheriff's department when running for a public office exempts certain positions, including those of the sheriff, chief deputy, jail administrator, assistant jail administrator, jail officers and staff, transport officers, secretaries and other clerical staff.

The draft law states "it's okay for one group in the sheriff's department to run (for office), but another group (such as deputy sheriffs) cannot," Fontes said. He added, "If that's not discrimination, I don't know what is."

Fontes said he agreed that deputy sheriffs like himself, as well as the sheriff, who are running for reelection, should not be allowed to campaign for office while on the job performing their duties.

Fontes said that when he is approached while he is working and asked, "Are you running?" he responds, "Yes, but I can't talk about it (right now)."

Fontes also said, 'I don't have a problem with (being forced) to take a leave ... but don't force me to quit" while running for public office.

"We're nine months away from an election," Fontes said. He added, "I can prove I've been barred from promotion (within the sheriff's department) three times."

Fontes said in effect he wants to "clean house" if elected to the sheriff's position.

"I'm one of the leading officers in the number of arrests made," Fontes said. He added, "Some officers have arrested no one. I take the heat for being honest."

Fontes also said, "I was prepared to (disclose) discrimination" against him in the sheriff's department, but decided not to. "That's for a lawsuit," Fontes said.

Fontes also said, "I am not liked by my boss (Sheriff Strange) because I've taken a stand. He needs to get over it."

Robert Brannon also spoke out against the proposed civil service law.

"I think it's against the pubic interest and unconstitutional" to force some employees to quit their jobs in order to run for public office, Brannon said.

Brannon also said, "Let's not put in something that will result in a lawsuit ... It's morally, and I think, constitutionally wrong for any (candidates for sheriff or other public offices) to have to take a leave of absence."

Both Fontes and Brannon said they favored creation of a "fair" civil service board that would not be politically motivated.

Tuesday's meeting in the vacated Chancery Courtroom was led by Pam Henson, Freddy James, and James Moore, who said they had based their draft civil service law on civil service boards currently in operation in Greeneville and Morristown.

Henson said after Tuesday's hearing that the three were appointed in November 2008 by the County Legislative Body and began meeting in February.

Fontes and Brannon agreed to submit a revised proposed draft of the civil service law to County Attorney Ervin Fletcher before the end of November for him to look at, and for the three appointed members to look at prior to their next public meeting, to be held Jan. 5, at 4:30 p.m., again in the Chancery Courtroom.

Fletcher and the three appointed members agreed to make a better effort to publicize the date of their next meeting and to give each deputy sheriff a copy of a draft civil service law in advance of the January meeting.

After the three members expressed an openness to discuss Fontes' and Brannon's concerns, Brannon said, "I'm glad to see the openness of the board. This (draft civil service law) can be easily cured."

The county attorney noted that it will take a two-thirds majority of the CLB for a civil service board to be created, which up to now has not taken place.

In an opinion dated Oct. 16, which Sheriff Strange said that Attorney General Jimmy Dunn gave to him, and which Fontes distributed to those present, the State of Tennessee's attorney general stated that a deputy sheriff wanting to run for the office of sheriff would have to first resign his employment as a deputy sheriff if the deputy sheriff's position or duties "are in connection with an activity financed in whole or in part by federal loans or grants."

Fontes argued that deputy sheriffs' positions in the Cocke County Sheriff's Department are not funded with any federal monies, and therefore exempt from the attorney general's stipulation of resignation.

Strange, in his phone interview this morning, disagreed.

The resignation stipulation "applies to all (deputy sheriffs), if they get federal money, or not." He added, "That's what he (Dunn) said. It sounds reasonable."

Strange also said the stipulation does not apply to him as sheriff, and so he need not resign to run for reelection. He confirmed he will be running for reelection as a Republican in the May primary.

Sheriff Strange and Chief Deputy Ron Rice arrived to Tuesday's public hearing after most of it had taken place. Rice apologized for being late, stating the two had been needed in court prior to their arrival. Strange said they were needed in Judge Hooper's court session, and would have faced contempt of court if they had left earlier to attend the civil service meeting.

The sheriff said the three appointed members drafting a civil service law "have worked hard" to come up with a good law.