State museum commission repeals controversial code of conduct
The Douglas Henry State Museum Commission voted Monday to repeal controversial policy changes adopted in July that some state legislators saw as an attempt to muzzle critics, reports the Nashville Post.
The policies included a “code of conduct” that prevented commission members from maligning the Tennessee State Museum or its staff and required notification before a member spoke to the press. It also outlined a process to force the resignation of a commissioner who didn’t abide by the policies — something at odds with the state law that specifies how commissioners are appointed.
$2.5B in annual TN business subsidies, outcomes often unknown
Tennessee state and local governments provide more than $2.5 billion in subsidies such as grants, tax breaks and tax credits to businesses each year, but there’s often little public information provided on whether the taxpayer money is working to produce promised jobs.
That’s the bottom line of reporting by the state’s four largest newspapers — The Tennessean, The Commercial Appeal, Knoxville News Sentinel and (Chattanooga) Times Free Press — published this weekend.
House Republicans hold ‘team-building’ retreat
House Republican Caucus Chairman Ryan Williams tells The Tennessean about 50 members attended a “retreat” and fundraiser on Sunday and Monday.
Most of the meetings were at the offices of a Nashville law firm, where he says the Republican representatives heard from the three state constitutional officers, discussed membership dues and forthcoming open legislative seats and participated in team-building sessions (including a bowling outing).
Court of Appeals rules public records requests may be sent via email
From the Tennessee Coalition for Open Government website:
The Court of Appeals has affirmed a Sumner County trial court’s ruling that the denial of a public records request because it was sent by email violated the Tennessee Public Records Act.
TN museum staff ‘off the deep end’ in blocking access to public records?
A Tennessee State Museum staffer snatched an agenda packet for Monday’s meeting of the museum’s governing board from a reporter’s hand and declared she would have to file a formal open records request to see one, according to the Nashville Scene.
The reporter was Cari Wade Gervin, who (after the episode) penned an article on the Douglas Henry State Museum Commission’s vote at the Monday meeting to adopt a new code of ethics that former Knoxville Mayor Victor Ashe, a member of the board who was absent at the session, labeled “a gag order.” It puts new restrictions on commission members speaking publicly about museum operations. (Previous post HERE.)
Excerpt from the Scene’s report (under a headline declaring, ‘State Museum staff hiding records from public’):
Gervin went to pick up a meeting agenda packet and was informed that she would have to file a written open records request with the Attorney General’s office to see one. When she tried to take a picture of one, it was grabbed out of her hand by Mary Skinner, the museum’s media relations officer. When House Speaker Beth Harwell, a commission member, gave Gervin her copy, museum staff attempted to take that one, too.
To be clear: A state employee attempted to stop a member of the press from reading a public record that should be made readily available to the public. This is actually against the law.
… “It looks like it’s an intentional attempt to keep information from the public,” says Deborah Fisher, executive director of the Tennessee Coalition for Open Government. “This commission has gone off the deep end.”
Note: Ashe is also a member of the Tennessee Coalition for Open Government board of directors. He says notice of the proposal to adopt a new code of ethics was not sent to museum commission members (via email) until 1 a.m. on Sunday morning, when the meeting was scheduled for 10 a.m. Monday.
UPDATE: On Friday, Museum Executive Director Ashley Howell sent out this statement: “In the future, the Tennessee State Museum will proactively provide all members of the media copies of agendas and accompanying materials for each Commission meeting in keeping with the practice of most state agencies. The museum’s management values transparency, and we will work diligently to abide by the state’s open records act. We appreciate and value the role of the press, and we welcome coverage of museum business.”
TN State Museum board votes to impose ‘gag order’ (Victor Ashe’s description) on its members
The governing board of the Tennessee State Museum has adopted a “astonishingly broad new code of conduct” that restricts board members’ public commentary on museum affairs, reports the Nashville Post.
The new code, which was adopted without much discussion Monday morning, was emailed to members at 1 a.m. Sunday, less than 36 hours before the vote. Although state law dictates the DHSMC (Douglas Henry State Museum Commission) should “promulgate rules and regulations” in accordance with the Uniform Administrative Procedures Act (as it is spelled out in state law), DHSMC chair Tom Smith said “operating policies” are not subject to the UAPA and thus do not need to go through the state’s lengthy notice process in advance of hearings for rule changes.
Although Smith stated repeatedly the changes to the code of conduct were not singling out any one individual commissioner, the new regulations seem specifically designed to target one particular DHSMC member — Victor Ashe, who was just reappointed to the commission for another four years and has been a regular critic of some of the commission’s recent actions.
New TN Open Records Counsel (and assistant) appointed
News release from state comptroller’s office
Tennessee Comptroller Justin P. Wilson announced today that Lee Pope will serve as the new Open Records Counsel in the Comptroller’s Office of Open Records Counsel (OORC).
As the new Open Records Counsel, Pope will lead the OORC which serves as a resource for citizens, media and governmental entities who have questions about Tennessee’s public records and open meetings laws. The OORC also helps Tennessee citizens and governmental entities understand these laws through educational outreach and promulgating policies, best practices and guidelines. The OORC’s assistance and education efforts are crucial to ensuring transparency in government.
McNally appoints ‘watchdog’ Victor Ashe to new term on state museum board
Former Knoxville Mayor Victor Ashe, who has clashed repeatedly with other members of the board governing the Tennessee State Museum in the past, was appointed Friday to a new four-year term on the panel by Lt. Gov. Randy McNally.
Further from the News Sentinel:
McNally, who shares appointments to the board formally known as the Douglas Henry State Museum Commission with House Speaker Beth Harwell, also reappointed Nancy Baker De Friece, a Bristol realtor. The old terms of both expired Friday; their new terms began Saturday.
“He’s had a great public service record – as a legislator, as a mayor, as an ambassador – and he’s also been a strong advocate of the public’s right to know,” said McNally when asked about the Ashe appointment. “Certainly, as a watchdog, he has few people who are his equal…. And we definitely need someone from Knox County on the board.”
Hargett says state law prevents him from turning over requested voter data to Trump commission
A commission set up by President Trump’s administration has asked all 50 states for a list providing the names of all registered voters along with voter information including address, date of birth, political party, the last four digits of their social security number and voter history.
Tennessee is one of at least 27 states – according to a CNN survey – that had publicly declined the request as of Friday. In an email sent to media Friday, Secretary of State Tre Hargett, who oversees Tennessee’s election system, said:
“Although I appreciate the commission’s mission to address election-related issues, like voter fraud, Tennessee state law does not allow my office to release the voter information requested to the federal commission.”
Judge rules records of failed Fall Creek Falls privatization effort must be made public
The Tennessee Department of General Services must release records related to the failed privatization effort at Fall Creek Falls State Park, Davidson County Chancellor Bill Young ruled Tuesday in a lawsuit brought by the Nashville Scene and the Nashville Post.
The case was unique because the state received no bids on a proposal to demolish and rebuild the Inn at Fall Creek Falls, despite amending the original request for proposals several times. A May 1 final deadline passed with no bids. The Scene asked for the records that would normally be available for public inspection at the end of any bid evaluation process.
The state claimed that because no bids had been evaluated, TDGS was not required to release the records associated with the process. The Scene filed suit on May 31.
Chancellor Young disagreed, noting that the state’s public records law instructs that it “shall be broadly construed so as to give the fullest possible public access to public records.” He ordered the records to be made available, ruling that any documents or communications that the state claims are protected by attorney-client privilege must be submitted to the court for evaluation.
“It’s a good day for transparency in Tennessee,” says Chris Ferrell, CEO of Southcomm, the parent company of the Scene and Nashville Post. “While I’m sorry we had file suit in order to get the state to comply, it’s reassuring that the courts recognize that the state can’t decide to hide things from the public in such an arbitrary way.”
Young instructed Scene attorney John Williams and lawyers for the state to agree to and submit an order to the court by early July. Deputy Attorney General Janet Kleinfelter said in court that the state may ask for a stay of Young’s ruling, pending an appeal.
