Ethics Commission waives many late-filing penalties, assesses fines for persistent nonfilers; bureau reports 547 unfiled statements

The Tennessee Ethics Commission on April 1 reviewed a large docket of reconsideration requests tied to late or missing annual statements of interest and took a mix of actions including waivers, continuances and assessments.

Executive Director Bill Young told the commission that staff have identified 547 local officials whose statements of interest remain unfiled and that the bureau suspects part of the increase is linked to moving from certified mail to email-based notices. "Currently, according to Morgan Tigard in my office, we have unfiled statements of interest from local officials totaling 547," Young said.

Commissioners considered dozens of individual reconsideration requests from planning commissioners, constables, county commissioners, school-board candidates and other local officials. In many cases petitioners had subsequently filed the missing statement or provided medical or other reasonable explanations. The commission granted reconsideration and waived civil penalties in numerous individual cases that were presented one by one on the agenda (examples in meeting materials included Claudia Argo, Lee Booker, Terry Brett, Wayne Chesser, Carol Crumbley, Eric Dunn, Travis Gardner, Jimmy Kinston, Cody Moss, Damon Walls, Shane Sanford, Anthony Taylor, Whitney Woods, Jack Sanders, Garfield Scott and Rosemarie Schultz). Several matters were continued so staff could obtain missing filings (for example, Aubrey Forman, Lake Mantooth, Jimmy Potts).

For a long list of local officials who had not filed as of the meeting, the commission took a different approach. The commission moved to assess the customary $1,000 civil penalty on a set of nonfilers listed in the meeting materials (class-2 list). The chair called the roll and commissioners voted to assess $1,000 in penalties for each of the named nonfilers; staff said such assessments typically prompt filings or requests for reconsideration. Commissioner Richardson moved to assess; the motion carried. (The meeting record shows roll-call votes and subsequent reconsiderations and waivers on many items.)

Two local filings were incomplete rather than missing: one statement lacked a required witness signature and another was missing a page. After multiple notices, those two matters were assessed $1,000 each to prompt completion of the record.

Commissioners repeatedly cited difficulty reaching planning commissioners and constables, many of whom are appointed rather than elected. Staff said they will continue outreach through local election administrators to improve notification and compliance.

Commissioners also discussed the bureau's aging IT system and possible replacement. Young said staff have been exploring options and cost estimates from vendors and other states and described a preliminary funding estimate: "The best estimate we have today based on those communications is $3,000,000 to replace our system and a half million dollars a year to maintain it." He said the bureau has sought legislative funding and that discussions are ongoing.

The meeting closed with routine housekeeping items, dates for future meetings and staff requests for commission members to return signed code-of-conduct forms.