The controversy over whether people living outside the city can serve as Eagleville council members arose again last week after Mayor Nolan Barham circulated an opinion from a state consultant saying residency in the city is required.

But Rutherford County Election Commissioners moved quickly Monday to confirm that they plan to let people living outside the city but in the Eagleville precinct who own property in the city run for office as the charter allows.

"If there were a state statute it would take precedence over the charter, but there is no clear state statute regarding this matter, so we are going to let it stay the way they have done it in the past," Johnny Taylor, commission chairman, said. "We are going to let past history and the charter rule."

Taylor said it is the commission’s obligation to hold the election for the city of Eagleville and commissioners believe they should abide by the charter unless someone determines that is not correct.

The residency question arose during work sessions on a recent proposed charter rewrite. During the work sessions, Don Darden, a Municipal Technical Advisory Service (MTAS) consultant, cited an opinion given by an MTAS attorney that a state law conflicts with the city allowing nonresidents to serve on the city council.

The proposed charter was therefore rewritten to allow only people who live in the city to be a council member or mayor. The charter rewrite was strongly opposed by a group of citizens with more than 60 people signing a petition asking legislators not to approve the document. When the proposed charter was sent to the state legislature, it failed to pass and the old charter continued in effect.

Barham said Sunday night that he thought MTAS’ opinion on the residency requirement should be put in writing so he asked Darden to send him the information. On June 10, Barham had Darden’s letter circulated to all the councilmen, the city attorney and the county election commission.

Barham said his intention was to just get the information out.

"I am not doing anything with it," he said. "If anybody wants to do anything with it they are welcome to. I am not."

The two potential candidates, who would not be able to run if the MTAS opinion prevailed, have suggested Barham’s circulation of the opinion at this time was politically motivated.

"It is totally disgusting just like the TBI investigation," Sam Tune, a potential candidate who lives outside the city, said. "It is totally embarrassing for the community when somebody wants to change the eligibility of candidates for the community."

Tune questioned the role of MTAS, saying the agency is "nothing but a consulting firm that is confusing our city charter" by giving legal advice.

"I would like to know who is behind this and why they are behind this," he said. "We need to move forward in a positive manner and this is a total waste of time, thought and effort."

William "Wes" Fitzgerald, also a nonresident potential candidate, charged that "this is another desperate attempt to block objective people who have opinions and are independent thinkers from getting elected."

Fitzgerald charged that the "mayor is trying to keep me and others from running."

"It seems he should want experienced people with some business ideas and some new directions for growth for the city," he said. "If he worked as hard on the city as he did on trying to keep us from running in this election, then the city wouldn’t be in the shape it is in."

Fitzgerald and Tune have already picked up nominating petitions from the election commission, which is part of the qualifying process. Local businessmen David Turner and Alan Ball, who live in the city, have also obtained petitions.

"The people who picked up the petitions are all eligible to run based on the guidelines (under the current charter)," said Hooper Penuel, county election commission administrator.

MTAS’ opinion on residency was based on a state law that provides that any office in the state is vacated by ceasing to be a resident of the district, county and so forth. Darden said that MTAS attorneys agree that county, as used in this section, means both cities and counties.

Darden said MTAS has four attorneys on staff and provides legal opinions to cities when requested.

This is the second election in a row in which the candidate residency requirements have been an issue.

When David Turner ran for mayor against Barham in 2006, the same question arose about whether a nonresident property owner could hold office.

The opinion given in 2006 was that the Eagleville city charter would prevail unless the attorney general’s opinion states otherwise.

"So I think this issue was settled two years ago," Vice Mayor Ronnie Hill said.