City manager may have broken election law

Key figure in Bunker Battle endorsed one of his bosses in possible violation of state statute

Email | Print By Ken Whitehouse

Dr. William H. Kraus, the former Oak Hill city manager who has been at the center of controversy for almost a year now, may have legal troubles again.

Recently, Oak Hill residents voted to determine who would serve as members of their city council. Kraus – known for his leadership role in the "Bunker Battle" over the Executive Residence – supported Tommy Jacobs, an incumbent member of the council who was in a tough re-election battle.

Kraus sent postcards to Oak Hill voters on Jacobs campaign letterhead. (A copy of the card can be found here.) His support for Jacobs was not surprising, since the latter had been one of the city manager's most ardent defenders during the Bunker Battle.

But the move was likely illegal and could cost Kraus dearly: According to Tennessee Codes Annotated 6-21-106, state law regulates the political activity of city managers, city recorders and other city officials. The statute reads:

Political activities of officers and employees - Penalties. -

(a) Neither the city manager, recorder, city judge, chief of police nor any person in the employ of the city, under any of such officers, shall take any active part in or contribute any money toward the nomination or election of any candidate for election to the board of commissioners, except to answer such questions as may be put to them and as they may desire to answer.

(b) A violation of this section shall subject the offenders to removal from office or employment, and to punishment by fine of not more than fifty dollars ($50.00) for each offense.

[Acts 1921, ch. 173, art. 22, § 3; Shan. Supp., § 1997a246; Code 1932, § 3644; T.C.A. (orig. ed.), § 6-2106.]

In other words, if Kraus signed his name on 500 Jacobs campaign postcards, he could be fined $25,000.

During the height of the Bunker Battle, it was revealed that Kraus had been convicted of fraud more than 20 years ago while a city manager in California. He dismissed the conviction as irrelevant to his current job and neglected to inform his bosses and the state election commission of his criminal record.

At the time, the Oak Hill City Council exonerated him for the omission but the State Election Commission made him jump through some hoops in order to remain a registered voter.

Last week, NashvillePost.com reported that Kraus would be retiring from his position as city manager. Over the weekend, numerous rumors circulated that he was trying to rescind his retirement letter.

When contacted today by NashvillePost.com about the current status of Kraus and possible violations of state law, Oak Hill Mayor Tommy Alsup said, "He is officially retired. We accepted his retirement and we do not comment on former employees."