Norris urges independent state ethics commission

July 5, 2005
BILL HILES for the Dyersburg State Gazette

Sen. Mark Norris has written Gov. Phil Bredesen urging him to call a special session of the Legislature focused on creating an independent ethics commission for all of state government.

"A special session is needed, and the purpose should be to create an independent ethics commission to oversee all branches of Tennessee government," Norris said, speaking by phone from his Memphis law office. "The citizens of Tennessee want change and expect us to develop a system of accountability."

Norris said that in establishing an independent ethics commission, Tennessee would join 39 other states that have similar entities to maintain confidence in government.

"At the end of the day, we cannot legislate morality or common decency," Norris said. "But we can utilize safeguards against that which threatens to pervert morality and common decency."

Norris said his letter to Bredesen was written because he isn't sure the governor will call a special session or that such a session will be properly focused.

"From my perspective the governor is indecisive," Norris, R-Collierville, said. "He says he's considering calling a special session, but he's deferring to some citizen's panel he wants to put together."

Norris said he welcomes input from a citizen's panel, but does not see it as a solution to the problem of ethics in government.

"I think we should listen to any citizens who have ideas on the subject, but if the preparation for a special session is properly focused on a specific task it shouldn't last too long or be too tedious."

Norris said he doesn't relish being away from his family and law practice during a special session but sees a focused special session as desirable.

The current concern with government ethics was sparked by the disclosure that former state Sen. John Ford, D-Memphis, received pay as a consultant from a state contractor while he was serving in the Legislature.

Ford's activities sparked the state's toughest ethics legislation ever, including language that will explicitly ban the health care managed-care organizations from funneling money to government officials, a provision aimed squarely at Ford and his lucrative ties to Doral Dental and another company, Memphis-based UAHC Health Plan.

In a matter unrelated to the health care consultation fees, Ford was indicted with four other current or former lawmakers in late May during operation Tennessee Waltz. He resigned shortly after his arrest and is currently on house arrest.

Norris said the ethics legislation would not have prevented the alleged crimes by Ford or the others charged.

"The legislation we passed is good, but it would not have prevented what came to light last session," he said. "We need an independent commission with as much authority as we can give it under our state constitution."

Norris acknowledged that ethics committees in both the House and Senate have the power to recommend sanctions, including expulsion of members found guilty of ethical lapses, but said that is not sufficient.

"That's like having the fox guard the hen house," he said. "I want the governor to call a special session focused on creating an independent commission with real authority."

He said he thinks the Tennessee Registry of Election Finance should be folded into an ethics commission.

"The election registry currently is pretty ineffective," Norris said. "It's kind of toothless and we need to make it stronger."

Norris said he joins Sen. Randy McNally, R-Oak Ridge, in the call for a special session and ethics commission formation. McNally first proposed a commission in 1988 following the "Rocky Top" scandal that dealt with corruption in the Legislature over charitable bingo games.

"If it had been done then, we might have never seen the likes of Tennessee Waltz,'" Norris said. "The time for change is now."

Norris said the arguments against the special session due to its expense should instead be viewed as an investment in the future integrity of government.

"The cost of getting the foxes out of the hen house on Capitol Hill is not to be looked at as mere expense; it is an investment in our future," he said.

Norris was elected to his second term last year. He is chairman of the Senate Transportation Committee and represents Shelby, Tipton, Lauderdale and Dyer counties.