Tennessee Ethics Commission will send informal advisory opinion on new "campaign services" law

The Tennessee Ethics Commission voted April 1 to have staff send an informal advisory opinion to a requester who asked for clarification about new disclosures for "campaign services" created by 2023 legislation.

The commission's executive director, Bill Young, told commissioners the 2023 law was drafted by the General Assembly and the bureau later worked with legislators on the language. Young said staff had prepared a draft memorandum responding to the request and recommended issuing it informally to give the requester a chance to review it and return with follow-up questions or a request for a formal opinion.

Requestor Mr. Boyette, who filed for a formal advisory opinion, appeared by phone and said he sought clarity on filing and disclosure obligations "particularly regarding the disclosures for consulting services and campaign services," and that clarification would serve both regulated parties and the public.

General Counsel Lauren Topping told commissioners the commission has authority to issue written advisory opinions but is not required to do so and noted that formal opinions are typically fact-specific. Topping presented four options: (1) adopt a commission opinion (using staff draft or a modified version), (2) adopt a different formal opinion, (3) direct staff to issue an informal advisory opinion, or (4) decline to provide an opinion. Young and Topping recommended option (3) in this case.

Commissioners moved and voted to direct staff to provide the draft memorandum to Mr. Boyette as an informal advisory opinion. The vote carried with a majority in favor and one dissenting vote. Young said staff would deliver the memorandum promptly and invited Mr. Boyette to follow up with questions or to seek a formal advisory opinion if needed.

The commission's action does not create a binding precedent; staff emphasized the draft memo is intended to "educate and inform" and that specific outcomes could change if different facts are presented.

The commission also noted it rarely issues formal advisory opinions; staff said the body had issued very few in recent years and that formal opinions are generally based on discrete factual scenarios rather than hypotheticals.

Commission staff listed options for next steps and reiterated that the requester may return with further questions after reviewing the informal response. No formal written opinion was adopted at the meeting.

Looking ahead, Young and Topping said the informal response would be circulated to the requester, who could then request a formal opinion if unsatisfied.