Tennessee’s campaign finance office is currently navigating a conflict between the state’s public records law and confidentiality issues related to the state board that oversees legal ethics, which has caught many off guard.

The Commission of Professional Responsibility is authorized under state law to keep certain information confidential. Yet, the actions of the Election Finance Registry Office and its Executive Director are governed by the Public Records Act, leading to disputes that the Registry Board is seeking to resolve through the State Attorney General.

The situation escalated last summer when Nashville attorney Cynthia Sherwood sent private investigators to question Bill Young, the registration manager, regarding legal matters involving a former employee, Cade Koren. Koren had been implicated in federal charges related to a kickback scheme with former Speaker Glenn Casada. In fact, Koren has ongoing cases linked to a political action committee named Faith, Family and Freedom Fund.

Young did not cooperate with the inquiry, which angered the members of the Registration Committee, prompting them to file a complaint against Sherwood for possible ethics violations.

Young is backed by a staff attorney and the Attorney General’s office, asserting that Sherwood’s attempts to interview someone represented by an attorney in an active case were clearly unethical.

The Professional Responsibility Committee eventually reached a decision on the matter; however, the letter sent to Young, stating that the Attorney General’s office would clarify the law’s application, is currently considered confidential by the Registry.

Even Young’s request for legal opinions remains shielded from public records. The state’s public records custodian denied a request for the letter, citing attorney-client privilege.

Frustration among Registry members was palpable last week when they voted for legal opinions from Attorney General Jonathan Skrmetti to ascertain whether the confidentiality rules of the Committee on Professional Responsibility conflict with their obligations under the Public Records Act.

Deborah Fisher, the executive director of Tennessee’s Public Government Union, urged that such documents should indeed fall under public records law and expressed hope that the AG would promptly arrive at this conclusion.

Fisher emphasized that exemptions related to the Professional Responsibility Committee should not tarnish someone’s reputation during an ongoing process. “I really don’t see how that won’t become a public record,” she noted skeptically.

While there may be other disciplinary actions, the Expert Responsibility Committee has not disclosed any official decisions about Sherwood on its website.

Registry member Hank Fincher pointed out that Young’s correspondence to the AG contains confidential information from the Professional Responsibility Committee. Meanwhile, the lawyers’ committee claims to be facing “contradictory policies” in communicating with public agencies.

“I think we’re confused,” Fincher remarked. “We’re a government entity bound by the Public Records Act, and I can say that there’s no reason for the letter to be kept confidential.”

However, the Professional Responsibility Committee maintains its enforcement of confidentiality for lawyers under state law, and Fincher indicated that clarification is needed from the AG.

Registry Chairman Tom Lawless asserted that such letters should be considered public records, underscoring that Registry activities occur during public meetings. Obtaining documents from state entities can sometimes be unpredictable, often relying heavily on how requests are framed.

This situation raises questions: will Skrmetti prioritize the public’s right to access information over the confidentiality granted by the Supreme Court regarding the Committee on Professional Responsibility?

Ongoing Saga

Tennessee Republican leaders are actively collaborating with the Trump administration regarding the deportation of undocumented immigrants. They have even drawn criticism from Nashville Mayor Fredio Connell over the city’s federal sweeps, further fueling spending on immigrant initiatives and assisting local law enforcement in adopting federal enforcement strategies.

Masked immigration enforcers have apprehended undocumented immigrants, reminiscent of protests in California earlier this year where demonstrators also concealed their identities.

Nashville Democrat Justin Jones introduced the American Gestapo Act (SAGA) on June 30, allowing officers to wear masks for health protection or during emergencies, while also aiming to safeguard law enforcement identities. However, under this proposal, simply wearing a mask outdoors could result in a Class C misdemeanor.

Additionally, the legislation would require law enforcement to clearly display their names and badge numbers when interacting with the public, with violations reportable to respective attorneys general.

In Nashville, this could create tension between district attorney Glenn Funk and Tennessee Attorney General Skrmetti. One wonders how this will unfold.

Jones hasn’t exactly garnered much popularity with the supermajority Republican assembly, having called House Speaker Cameron Sexton “drunk with power” and facing repercussions for leading gun control discussions. Despite setbacks, he has managed to regain his seat through a Metro Council vote.

Passing this bill in a room stacked against immigrants may seem improbable.

A Little Short Run

Republican US Rep. Andy Ogles reported just $53,000 in fundraising efforts for the last quarter, totaling about $109,000 as the timeframe progresses. This situation is intriguing considering his connection to President Trump’s popularity in rural parts of the 5th Congressional District outside Nashville.

The Democratic Congressional Campaign Committee is targeting Ogles in an attempt to flip the seat, which, until recently, leaned Democrat. This move is pivotal, especially since Congress is redistricting the area.

Ogles secured a second term despite ongoing scrutiny regarding his fundraising, leading to speculation about whether he is inflating his financial reports. Yet, Republican voters don’t seem particularly concerned about the gaps in his credibility.

The FBI looked into his financial dealings, a situation exacerbated when Trump publically defended him after Ogles proposed a bill for a potential third presidential term. He also gained negative attention for confronting Nashville Mayor O’Connell over immigrant sweeps.

With all this, Ogles might not be overly preoccupied with campaign funding. And, similar to Jones’ proposed legislation, it will be challenging for a Democrat to gain traction against a strong Republican presence.

Reduce Your Losses

The Tennessee Sports Betting Council issued a $250,000 fine to five offshore sportsbooks for operating without licenses in the state. Notable targets included Costa Rica’s Bettanys Port, among others. The penalties fell between $50,000 to $250,000, totaling $600,000 in consequences.

Mary Beth Thomas, the executive director of the council, stated that they are collaborating with law enforcement to eliminate these illegal entities from Tennessee. “Consumers must be aware that illegal operators are out to gather money and personal information. Engaging with these unauthorized books puts them at risk,” she noted.

It seems the council is making progress against illegal betting, though gaining a victory in this scenario appears more uncertain. Would similar regulations apply to journalistic practices as well? It’s debatable.

“I was gambling in Havana / I took a little risk, sent my lawyer, guns, money, Dad, please let me out.” *

*Warren Zevon, “Lawyer, Guns, Money”