ferrell haile

Lee’s addition of lawmakers to stimulus group seen as effort to forestall support for special session

Gov. Bill Lee speaks in the Old Supreme Court Chamber of the state Capitol in Nashville on March 22, 2021. (Erik Schelzig, Tennessee Journal)

Gov. Bill Lee on Wednesday added two lawmakers, House Finance Chair Patsy Hazlewood (R-Signal Mountain) and Senate Pro Tem Ferrell Haile (R-Gallatin), to his Financial Stimulus Accountability Group. The move is being perceived in some circles as an effort to let the air out of a movement to have the General Assembly come back into special session later in the year to take a direct hand in appropriating billions of dollars flowing to the state in the former of federal COVID-19 relief funds.

Here is the release from the governor’s office:

NASHVILLE, Tenn. – Today, Tennessee Governor Bill Lee announced the addition of Senator Ferrell Haile and Representative Patsy Hazlewood to the Financial Stimulus Accountability Group (FSAG). The bipartisan group will continue its work to support Tennessee’s economy and ensure proper fiscal management of federal relief funds, meeting publicly and reporting regularly to bring transparency to the process.

“As Tennessee’s strong economic recovery continues, we must ensure federal dollars coming to our state are used wisely and effectively,” said Gov. Bill Lee. “I thank Sen. Haile, Rep. Hazlewood and all members of this group for their valuable input as we steward these resources and serve Tennesseans.”

“I appreciate the opportunity to serve on this panel which is charged with ensuring this money is used properly to best benefit our citizens,” said Senate Speaker Pro Tempore Ferrell Haile. “We have a huge responsibility to see that these funds are managed in the most effective manner and Governor Lee is taking every step possible to ensure the most efficient use. I look forward to working with him and the other members of the group to make good decisions about how these funds are spent.”

“One of the biggest challenges facing our state currently is using federal stimulus dollars in a fiscally responsible manner to ensure all Tennessean’s benefit,” said Rep. Patsy Hazlewood. “I appreciate Governor Lee appointing me to Financial Stimulus Accountability Group, and together our work will make sure we can continue to effectively address the immediate and emerging needs of our state.”

Since its founding in April 2020, the FSAG has overseen nearly 90% of all federal dollars distributed to Tennessee through the Coronavirus Relief Fund, authorized in the CARES Act. In 2020, the group proactively invested these dollars into the state’s unemployment trust fund, which successfully protected jobs and prevented tax hikes. The FSAG also supported the allocation of over $300 million in grants to small businesses across Tennessee.

The FSAG is currently preparing for implementation of the Coronavirus State and Local Fiscal Recovery Fund, an additional tranche of relief authorized by Congress in March 2021.

Effective April 2021, members of the group include:
• Governor Bill Lee
• Lieutenant Governor Randy McNally
• House Speaker Cameron Sexton
• Senator Bo Watson
• Senator Raumesh Akbari
• Senate Speaker Pro Tempore Ferrell Haile
• Representative Patsy Hazlewood
• Representative Pat Marsh
• Representative Harold Love Jr.
• Jason Mumpower, Comptroller of the Treasury
• Commissioner Butch Eley, Finance & Administration

Haile seeks open government assistance with effort to block ‘malicious’ records requests

Senate GOP leaders hold weekly press gaggle on Jan. 18, 2018. From left are Sens. Mark Norris, Randy McNally, Bo Watson and Ferrell Haile. (Photo credit: Schelzig, Tennessee Journal.

Sen. Ferrell Haile (R-Gallatin) is asking for help from the Tennessee Advisory Council on Open Government to craft legislation aimed at blocking abusive public records requests. Haile has introduced a bill aimed at accomplishing that goal, but his efforts have foundered amid concerns that a new law would also affect the ability of citizens, the media, and researchers to obtain public records.

Here is the full release from Haile:

NASHVILLE – Senate Speaker Pro Tempore Ferrell Haile (R-Gallatin) said today he has asked the Tennessee Advisory Council on Open Government to review legislation he is sponsoring to discourage malicious abuse of Tennessee’s public records requests process. Haile sponsored legislation during the 2020 session of the Tennessee General Assembly to curtail the practice and plans to reintroduce it when the legislature convenes in January.

He is asking for the Council’s input to protect the integrity of Tennessee’s open record law, while preventing repeated abuse when requests serve no purpose other than to harass local governments and their employees.

“We need open government and this legislation is not intended in any way to interfere with our public records request process or to discourage such requests,” said Senator Haile. “This legislation is about the few people who abuse our public record laws to bully and harass government agencies by repeatedly making requests that any reasonable person would deem has no purpose except for harassment. The legislation will have no effect on other citizens. Also, media outlets, academic researchers, investigators, or those independently engaged in gathering information for publication or broadcast are exempt from provisions of the bill.”

The legislation allows a records custodian to seek an injunction against an individual who makes six or more requests that constitutes harassment within a one-year period after providing the requestor with notice after the fifth such request. Harassment is defined as conduct that is not made for any legitimate purpose and is made maliciously or seriously abuses, intimidates, threatens, or harasses. The public records custodian must petition the court in such cases in the appropriate jurisdiction for an order enjoining the person from making further requests. A court can find that an individual’s record request constitutes harassment and enjoin a person from requesting records for up to a year.

A records custodian who petitions a court for an injunction must also provide a written report to the Office of Open Records Counsel that includes a copy of the petition and any injunction or orders issued by the court. It will also become part of the Counsel’s annual report to further track these cases and ensure the integrity of the state’s open records law remains in tact. The measure will sunset in 2024 when it will be reevaluated for that purpose.

“Honest inquires are what our open records law is meant to protect,” added Haile. “The proposal is not meant to discourage citizens from requesting information, nor is it intended for a county attorney or city attorney to use this against folks who are irritated with someone or upset with some aspect of their government. This is a positive appeal that will help those who seek to have open government and it will help prevent abuse of those who utilize our public records process as a tool to harass those who work for us.”