An opinion issued Jan. 25 by the Tennessee Attorney General's office has caused several deputy sheriffs in Northeast Tennessee counties to drop out of the May 4 primary election for county commission seats, and it could affect Greene County races.

In addition, an advisory opinion by the U.S. Office of Special Counsel, which administers the federal Hatch Act, appears to extend the reach of that law to other county employees who are running for the county commission, or plan to do so.

One Greene County candidate who had turned in his qualifying petition earlier to run for constable, Sonny Stanton, withdrew it on Thursday, effectively dropping out of the election.

Others are unsure whether the Hatch Act, which, among many things, prevents federal employees from running for office in partisan elections, also affects them.

The federal law also affects people who work for state and local agencies that receive substantial funding from federal grants and loans.

The January state opinion, requested by 2nd Judicial District Attorney General Greeley Wells, specifically asked "Whether a county-employed deputy sheriff would be required to resign from that position in order to run for election to the county commission?"

In response, State Attorney General and Reporter Robert E. Cooper Jr. wrote: "There is no across-the-board requirement that a deputy sheriff resign in order to run for the county commission.

"Under certain circumstances, however, resignation would be necessary.

"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, and if election to the county commission is a partisan election, then the deputy sheriff would be subject to the provisions of the federal Hatch Act and would be required to resign from that position in order to run for such partisan elective office."

Wells asked for the opinion because several deputies in the Sullivan County Sheriff's Department were candidates for office in partisan elections.

However, the Hatch Act controversy in Sullivan County has broadened to include two health department employees and one current commissioner who is an EMS employee. He was earlier seeking re-election to his county commission seat, then filed paperwork to challenge the county mayor for his seat.

The Kingsport Times-News reported Friday that Sullivan County Mayor Steve Godsey had sought and has received opinions this week from the U.S. Office of Special Counsel (OSC) about four candidates running in the May 4 primary.

Three of those candidates cannot run for a partisan office, the OSC told Mayor Godsey, including the one who plans to challenge him, Commissioner Steve Vance.

Mayor Godsey said he sought the OSC opinions because violations of the Hatch Act carry financial penalties for the agencies involved, and he had "a fiduciary responsibility" as the county's chief financial officer to protect county funds.

If an employee of an agency funded entirely or in part by federal funds is allowed to violate the Hatch Act, the agency can lose up to twice the employee's annual salary, and all future federal funding also can be jeopardized.

Greene County Mayor Alan Broyles said Friday that he also plans to ask the Office of Special Counsel next week about employees of county departments and agencies whose employment may subject them to the Hatch Act.

Broyles said he would work with County Attorney Roger Woolsey to send the Office of Special Counsel "all the information I have from any of the candidates that we think might be affected."

"The Hatch Act is just so unclear," Broyles said. "We have attorneys across the state that have different opinions" about whether a particular type of employee is affected.

Sheriff Steve Burns said Friday that he had been aware of the situation in Sullivan County, but because he was attending the state sheriff's conference in Nashville for part of the week, did not realize its extent.

"I'm going to specifically request a ruling, through our own county attorney," Burns said. "I never encourage or discourage anyone from running for office."

The sheriff said this is not the first time discussion of the Hatch Act has surfaced in the state, but until now, there were "as many opinions about that as there were people," or lawyers.

One rule of thumb that sheriffs have relied on in the past, Burns said, is: "If your job is, you administer federal grants," then the act applies to you.

However, if a deputy wears a bullet-proof vest purchased with a federal grant, but is paid out of general county funds, sheriffs have been told that the Hatch Act does not apply.

Burns said his department does not have any employees who are paid out of a grant, though he has obtained numerous grants for equipment.

The entire state attorney general's opinion can be read online. Go to www.tn.gov/attorneygeneral/ then click on the opinion labeled "County Sheriff as Candidate for County Commissioner" in the box at the bottom of that page.

Opinions by the attorney general do not have the force of law, but are widely used to interpret and often settle legal questions in the state.

In this year's election, candidates have until Feb. 18 to file qualifying petitions, and until Feb. 25 to withdraw and not be on the ballot.

In the aftermath of the attorney general's opinion, Sullivan County Sheriff Wayne Anderson advised members of his department that they could not run for office in a partisan election while employed by the Sullivan County Sheriff's Department, since the department receives part of its funding from the federal government.

Separately, when Unicoi County Sheriff Kent Harris advised seven of his employees who were contemplating races in the May 4 county primary election, four of them decided not to run, but three others resigned in order to continue their campaigns.

Capt. Ron Arnold, a 21-year law enforcement veteran, resigned from the Unicoi County Sheriff's Department in order to continue his campaign for county mayor.