Lawmakers may ban trooper political contributions

By Andy Sher Nashville Bureau, Times Free Press

Dec. 14, 2005

NASHVILLE — Legislators on Tuesday discussed banning Tennessee Highway Patrol officers from making political campaign contributions, and the Bredesen administration announced it has hired a consultant to advise how to fix Department of Safety problems.

Legislative legal staffers testified to the Senate Transportation Committee that many states ban patrol officers from giving to campaigns.

"We may need to consider that type of legislation," Transportation Chairman Mark Norris, R-Collierville, said.

The panel was holding its first hearing after revelations that at least 41 troopers over a period spanning decades were hired despite having criminal arrest records. The records ranged from assaults to driving under the influence. Some of those hired used politicians as references, records show.

The department recently was hit by news accounts in The Tennessean newspaper detailing that as many as two-thirds of patrol officers who were promoted had contributed to the political campaigns of Democratic Gov. Phil Bredesen.

Sen. Rosalind Kurita, D-Clarksville, supported banning political giving by troopers. She is seeking the Democratic nomination for the U.S. Senate seat being vacated by Majority Leader Bill Frist, RTenn.

Sen. Kurita said the Department of Safety’s "insidious" problems started long ago and grew under both Democratic and Republican administrations.

Lydia Lenker, a spokeswoman for Gov. Phil Bredesen, said it was too soon to say whether he would endorse the ban.

"He’s made it clear that he’s interested in any reasonable strategy to overcome the deep-seated, decades-old cultural problems in the department," Ms. Lenker said.

Gov. Bredesen recently sent an e-mail to 55,000 state employees telling them that political contributions have no part in promotions and hiring.

On Friday, Safety Commissioner Fred Phillips and his deputy, Tom Moore, resigned. Days before, Gov. Bredesen forced THP Col. Lynn Pitts, head of the Highway Patrol division, to resign after allegations he may have violated state law by attempting to purchase a boat seized by troopers.

During Tuesday’s hearing, administration officials said they retained Kroll Government Services Inc. to examine the safety department’s organizational makeup and how it hires and promotes departmental personnel.

The initial unbid Kroll contract is $5,500. Finance Commissioner Dave Goetz estimated the state eventually may spend between $100,000 and $200,000. The Department of Safety has 855 commissioned officers.

Mr. Goetz said the consultants will help acting Safety Commissioner Gerald Nicely, the Transportation commissioner whom Gov. Bredesen named to lead the safety department for 60 days.

The review is being led by Kroll President Jeff Schlanger, a former New York prosecutor whose cases included the investigation and prosecution of organized crime figure John Gotti.

Republicans later pointed out that Michael D. Shmerling, of Nashville, has ties to Kroll and has contributed to Mr. Bredesen in the past. According to state campaign finance records, Mr. Shmerling has contributed at least $7,500 to Mr. Bredesen since 2001. Deputy Personnel Department Commissioner Nat Johnson said Mr. Shmerling had had no contact with him.

"I had no idea who Michael Shmerling was until 45 minutes ago," Mr. Johnson said. Mr. Johnson said he previously contacted several groups, then talked with an executive at Mercer Human Resources Consulting, with which the previous Ned McWherter and Don Sundquist administrations had done business. He said the Mercer executive referred him to Kroll, an affiliated company.

Mr. Shmerling is a senior advisor to Kroll Background America, a subsidiary of Kroll Inc., Kroll spokeswoman Jodie Rosenbloom said. She said Kroll Government Services negotiated a contract with the state. Kroll Government is a subsidiary of Kroll but separate from Kroll Background, she said. Kroll is owned by Marsh & McLennan Companies Inc., which also owns Mercer.

The work came in "completely independent of Michael Shmerling," Ms. Rosenbloom said.

Sen. Norris told administration officials he had been advised that under former Commissioner Phillips, Safety department employees were instructed not to cooperate with his committee.

Mr. Nicely said he had not heard anything to that effect.

Sen. Norris said he expects the committee will not meet again until next year.

Information from The Tennessean was used in this story.