Senate committee reviews law on politicking by state workers

Southern Standard
February 9, 2006

NASHVILLE, Tenn. -- A Senate committee is reviewing a state law that restricts political activities of public officials and employees following several federal harassment lawsuits filed against the Department of Safety.

The Senate Transportation Committee is investigating allegations of favoritism and the influence of politics within the Tennessee Highway Patrol, which is overseen by the Safety Department.

The Highway Patrol has been stung recently by a series of scandals, ranging from political favoritism and ticket fixing, to some troopers having criminal backgrounds and others selling merchandise to the state in violation of purchasing laws.

Earlier this month, former trooper Charles Farmer told members of the committee that he was fired because his family supported Republican candidates in the 2002 elections.

Farmer is among at least four people suing the Department of Safety. In his lawsuit, Farmer claims one trooper who was promoted to captain "began to harass, retaliate and otherwise discriminate against those troopers who had not supported Gov. (Phil) Bredesen," who is a Democrat.

On Wednesday, the committee invited a senior staffer from the state attorney general's office to discuss the so-called Little Hatch Act. One provision of the law prohibits a "public officer or employee from directly or indirectly attempting to intimidate, coerce or command any other officer or employee to vote for or against any measure, party or person."

While the statute includes employees of the executive branch, it doesn't include the governor's office, which is one of the main issues lawmakers want to examine.

"As the law is written right now, it doesn't apply to the governor or the General Assembly," said Sen. Mark Norris, R-Collierville, and chair of the committee.

During the recent special session on ethics reform, Norris tried to present an amendment to the ethics legislation that would have included the governor and General Assembly in the Hatch Act, but the amendment failed.

Records reviewed by The Tennessean last year showed that two-thirds of Highway Patrol promotions during Bredesen's administration went to officers who gave money to the governor's campaign, or had family members or political patrons who did.

Bredesen has shifted Transportation Commissioner Jerry Nicely temporarily to the Department of Safety to fix problems there.

The governor told The Associated Press in an interview last month that problems at the Highway Patrol stretch back years, including Republican administrations.

"I will be very happy to inspect the last 10 or 15 years and we'll just turn over all the earth we possibly can and find out who did what to who," Bredesen said.

Two Democratic senators on Wednesday's committee echoed the governor's sentiments when they suggested THP and Department of Safety officials who served under past Republican administrations be called to speak before the committee.

"It did not start three or four years ago," said Sen. Tommy Kilby of Wartburg. "It's a culture that's been there for many years. I ask that we open it all up."

Sen. Rosalind Kurita, D-Clarksville, said that under former Republican Gov. Don Sundquist, the commander of the THP at the time held a fundraiser at his home for the governor and promoted troopers who contributed.

"I think it's important that if we really are going to talk about seriously changing the culture of the Tennessee Highway Patrol, that we go back into the past and figure out how this went wrong so we can genuinely fix it for the future," Kurita said.

Norris said he wouldn't object to that "if it will further the purposes of the committee."

"Our intention is to consider what legislative remedies, if any, we can implement to avoid these types of problems," said Norris, adding that damages to the state as a result of the lawsuits could total as much as $100 million.