ROCKLAND, Maine — The Maine Supreme Judicial Court ruled on Wednesday that independent candidate Albert “A.J.” Joy can remain on the November ballot for Knox County sheriff.
The Law Court stated that it was affirming the ruling of Maine Secretary of State Shenna Bellows on the challenge to Joy’s prior supervisory experience, a requirement of state law.
“There is nothing in the meaning of the word “supervisory” that requires such things as a specific rank or title in a chain of command, the power to hire or fire, or the right to determine what discipline will be imposed. The term also does not implicitly require any specific employment relationship,” the Law Court stated.
Knox County Deputy Dan Landers of Hope appealed the June 18 ruling by Bellows that Joy could stay on the November ballot. Landers argued that Joy did not have the required supervisory experience to be sheriff. Bellows ruled that the state law was vague and allowed Joy to stay on the ballot.
The Maine Sheriff’s Association filed a brief on the case stating “To ensure that all Sheriff candidates meet the strict qualifications set forth in section 371-B(3)(E), this Court should adopt a test requiring candidates to demonstrate formal oversight of subordinate employees and not mere task oversight of contract personnel.”
Bellows, a Democrat. overruled her chief deputy Katherine McBrien who had overseen the June 11 hearing on a challenge to Joy’s eligibility. She also said she had not seen the email from Joy before she made her ruling. In the email, Joy asked Bellows to consider the testimony of his former chief in Tennessee.
McBrien had concluded that Knox County Deputy Dan Landers, a Hope resident, met his burden under state law and provided sufficient evidence that Joy lacked the relevant supervisory employment experience.
But Bellows said the state law concerning supervisory experience was vague. She said testimony from Joy’s former chief in Tennessee and from a subordinate of Joy’s was sufficient evidence to conclude he had the supervisory experience necessary to be on the ballot.
The secretary of state said she was troubled by Joy’s refusal to testify at the hearing but said his two witnesses provided the evidence necessary to reject the challenge.
Joy will square off against incumbent Sheriff Patrick Polky, a Democrat. Polky won renomination from his party in the June 9 primary. Polky, a St. George resident, defeated fellow Democrat John Hansen, also of St. George, 5,022 to 2,552.
Joy had maintained throughout the challenge that he had the necessary supervisory experience.
“During my law enforcement career, I supervised and directed law enforcement personnel, provided management oversight, training, scheduling, and operational direction, and oversaw approximately 20 contract officers assigned to Chattanooga Housing Authority operations,” Joy said earlier.
“Those responsibilities were documented in my official job description and confirmed through testimony presented at the hearing,” he said.
Any registered voter of the county can challenge a candidate’s qualifications.
The challenge contends that Joy did not meet the required two-year minimum for supervisory experience in law enforcement or corrections. MacLean argued that work as an investigator for the Chattanooga Housing Authority in Tennessee does not qualify as supervisory experience. Landers testified, as did Chief Deputy Curt Andrick, who was appointed to the post by the current sheriff. Andrick discussed the responsibilities of a police supervisor in Maine. He said supervisory experience includes the ability to discipline, fire or hire people. Andrick said Joy’s role in Tennessee did not include that authority.
Andrick said the intent of state law is not to allow someone to be elected sheriff who would have no power to arrest someone, and who would need to take an 18-week course, and would need to take a polygraph and psychological exam.
Joy refused to testify but he called witnesses. The attorney for the hearing officer advised Joy that the hearing office could draw adverse inferences from his refusal to testify.
Joy is owner of Dirigo Driving Academy, which he and his wife started in 2019.
At the June 11 hearing, Joy called two witnesses, Chattanooga Housing Authority Chief Felix Vess and Officer Giuseppe Tronocone. Both testified that Joy had a supervisory role in Tennessee.
This story appears through a media partnership with Midcoast Villager