Democrats protest 'one-sided' claims

By TOM HUMPHREY, tomhumphrey3@aol.com , KnoxNews
February 9, 2006

NASHVILLE - Democrats sought to turn the partisan tables during a Senate Transportation Committee review Wednesday of political cronyism in the Tennessee Highway Patrol during Gov. Phil Bredesen's administration.

The committee's Republican chairman, Sen. Mark Norris of Collierville, countered that four Knoxville-based lawsuits charging anti-Republican bias in the Highway Patrol under Bredesen "should raise a concern for every taxpayer" since they collectively seek millions of dollars in damages.

At Norris' call, the committee held its first hearing on the Highway Patrol on Monday, listening to testimony from former Lt. Bryan Farmer and Knoxville attorney Arthur F. Knight III, who represents Farmer and two other plaintiffs in the lawsuits.

In a follow-up meeting Wednesday, Sen. Tommy Kilby, D-Wartburg, protested the committee hearing's "one-sided allegations." Afterwards, Kilby described the hearings as "a witch hunt by the Republican Party in this committee" that is ignoring Republican misdeeds.

Sen. Rosalind Kurita, D-Clarksville, said the committee should subpoena Jerry Scott, who commanded the THP during former Republican Gov. Don Sundquist's administration.

Kurita said Scott hosted a fund-raiser at his home, with at least 20 troopers attending, that netted Sundquist $68,000 for his 1998 re-election campaign. She said at least 48 troopers were promoted after donating to the Sundquist re-election campaign.

There have been previously published reports that 62 of 126 patrol promotions during the first three years of Bredesen's administration went to troopers who had donated to Bredesen or had family members or friends who did so.

Kurita also questioned whether a donation by Scott to state Sen. Bill Ketron, R-Murfreesboro, that listed Scott's address as the Highway Patrol headquarters building in Nashville would violate a state law prohibiting political activity on state property.

She directed the question to Janet Kleinfelter, an assistant state attorney general appearing before the committee, who said such a donation would "probably be inappropriate." Records cited by Kurita show a $250 contribution to Ketron in 2002 using the patrol's headquarters address.

Norris said he would leave a decision on issuing a subpoena to Scott or others to the full committee but doubted the need to do so. The committee has a 5-4 Republican majority.

"We need to be looking forward," said Norris, declaring the committee objective is to decide how state laws can be changed to prevent political abuses within Highway Patrol ranks in the future.

Kleinfelter was on hand to discuss the state's current "Little Hatch Act," a 1972 law that generally forbids on-the-job political activity by state employees. She described it as "confusing," with multiple exceptions and exemptions.

In response to Kurita's questioning, for example, Kleinfelter said that if Scott promoted troopers "solely" on the basis of campaign contributions, the law would be violated. But if there were "any other factors," she said that might not be the case.

Norris said the law is "vague and ambiguous" and, even if a violation is found, the penalty is a $50 fine.

Kurita said after the meeting that she acted on her own in researching Highway Patrol contributions and promotions during Sundquist's administration. Bredesen had hinted in an early January interview, however, that he was prepared to point out Republican political cronyism in the patrol if the GOP tries to attack him on the issue.

Sen. Jamie Woodson, R-Knoxville, a member of the committee, said she found Farmer's testimony "very disturbing" - especially a tape recording of Farmer talking with his superior, Capt. Charles Laxton in October 2003.

It includes Laxton replying, "Maybe you should have," after Farmer suggested he would have been better off had he donated to Bredesen in the 2002 campaign now that "new people are in charge" doing things "our way."

"All this about what one administration did or didn't do, I think, is quite silly," said Woodson. "Wrong is wrong, whether is was today or 10 years ago."

"This information is shocking at times," she said. "But the big picture is, where do we go from here?"

Tom Humphrey may be reached at 615-242-7782.