Recent editorials from Tennessee newspapers:
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March 19
The Johnson City Press on government transparency:
A recent vote in the Tennessee House of Representatives weakens this state’s fundamental commitment to open government. It is also a possible harbinger of other legislation to come.
The (Nashville) Tennessean reported last week that House members voted 71-20 to shield the Tennessee State Museum Commission from public scrutiny when it comes to its hiring and operational matters.
It is a curious bill, one that seemed to surprise even members of the museum commission. Former Knoxville Mayor Victor Ashe, who oversees museum operations, said he and other board members were “in the dark” on the legislation.
The bill was brought by state Rep. Steve McDaniel, R-Parkers Crossroads, who is also a member of the museum commission. The legislation says “information in the selection process for the position of director at the Tennessee State Museum be treated as confidential and that meetings pertaining to confidential information not be subject to open meetings.”
This legislation comes at a time when state Comptroller Justin Wilson has ordered a special audit of the state museum’s operations after allegations surfaced that McDaniel authorized an improper pay raise for the museum’s former executive driver, Lois Riggins-Ezzell, when he served as the board’s chairman. Riggins-Ezzell retired late last year.
McDaniel, who chaired the committee that selected a successor to Riggins-Ezzell in January, told The Tennessean he believes following the state’s Sunshine Law represented a burden to both the museum board and applicants for the director’s job.
“We didn’t want to hide anything, but we didn’t want people losing their job because they were looking at a position we were seeking to fill with the best candidate possible,” McDaniel told the Nashville paper.
Make no bones about it - this is a serious assault on Tennessee’s open records and open meetings laws. It is a slippery slope that will see other governing boards requesting the same exemptions to the Sunshine Law. This is unacceptable in a state that professes to have a proud history of government transparency. Citizens have a right to know who is vying for jobs that are paid by tax dollars, and they have a right to see and hear government officials debate the qualifications of the applicants who are seeking those jobs.
Online:
https://www.johnsoncitypress.com
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March 19
The Knoxville News Sentinel on the state’s refugee lawsuit:
The state of Tennessee is moving forward with a misguided lawsuit to stop refugee resettlement in the state.
The lawsuit, filed on behalf of several state lawmakers, is the first of its kind ever pursued in the United States. Filed last Monday, the action comes as the Trump administration is attempting to enforce a temporary ban on accepting refugees.
Tennessee’s lawsuit alleges the federal Refugee Resettlement Program violates the 10th Amendment to the U.S. Constitution, which reserves all rights to the states that are not delegated to the federal government. Other states have sued the federal government over its refugee resettlement program, but none have attempted to use the 10th Amendment to argue their case.
Last year the Legislature passed a joint resolution authorizing the lawsuit. Gov. Bill Haslam would not sign the measure, and Attorney General Herbert Slatery III declined to file litigation that would be “based upon untested, novel theories of coerced spending or commandeering of the budget process.”
The Thomas More Law Center, a nonprofit public interest Michigan-based law firm, is representing the state in the litigation.
The lawsuit contends that the federal government is forcing states to spend money on refugees without the states’ permission. The complaint asks the court to order the federal government to stop resettling refugees in Tennessee until the federal government pays all the associated resettlement costs.
The American Civil Liberties Union of Tennessee and the Tennessee Immigrant and Refugee Rights Coalition condemned the state’s legal action.
The federal government has the sole authority to determine who is admitted into the country and under what status. The refugee resettlement program uses a network of nonprofits to settle refugees across the country.
The law requires the federal government to consult with the states on refugee issues. Lawmakers allege such consultations have not occurred.
Tennessee opted out of the federal refugee program in 2007, however, and Catholic Charities subsequently was designated to operate the Tennessee Office for Refugees. The office provides funding to the state refugee program, which offers services such as case management, medical screening, English language training, limited cash assistance, job placement and more, all with the goal of promoting self-sufficiency.
The state’s refugee coordinator, Holly Johnson, told the News Sentinel last year the State Department, in compliance with the law, regularly consults with her office on matters pertaining to refugees.
Most direct refugee funding comes from the federal government, but the lawsuit argues that the federal program “commandeers” state funds for refugees through programs such as Medicaid. The state lawmakers contend they did not approve the use of state funds for refugees.
However, by accepting federal funds for Medicaid and other assistance programs, the state agrees in advance to serve anyone who is eligible. Refugees are eligible for a wide array of public assistance, including Medicaid, so the state is obligated to provide them those services.
In declining to represent the lawmakers, Slatery last year suggested that the 10th Amendment theories are “unlikely to provide a viable basis for legal action.”
The lawmakers filing the lawsuit ignored Slatery’s sound legal advice. Their lawsuit is an affront to the welcoming, compassionate people of Tennessee, and is doomed to fail.
Online:
https://www.knoxnews.com
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March 21
The Commercial Appeal on University of Memphis’ independent governing board:
The long-desired wish that University of Memphis have its own independent governing board became a reality Friday.
With Gov. Bill Haslam in attendance, the board held its first-ever formal meeting. Members elected Alan B. Graf Jr., chief financial officer with FedEx Corp. chairman, and former interim university president Brad Martin was named vice-chairman. University counsel Melanie Murry was named acting secretary.
With independence comes board members’ tremendous responsibility, working with university President David Rudd’s administration, to enact and support initiatives that will enhance the university’s pivotal role in graduating students, conducting research and working with community partners to improve the economic well-being and quality of life of Memphis and the region.
It was fitting for the governor to be present Friday. Early in his first term, Haslam said he was sympathetic to the university’s desire for independent governance, like the University of Tennessee system.
The problem, he told The Commercial Appeal editorial board at the time, was that the state’s other public universities also likely would want their own boards.
Last year, the governor successfully convinced the General Assembly to approve his FOCUS Act, which gave the U of M, Austin Peay State University, East Tennessee State University, Middle Tennessee State University, Tennessee State University and Tennessee Technological University independence from the Tennessee Board of regents.
The boards still must coordinate with state authorities on financing issues.
The regents will concentrate their efforts on community colleges and schools of applied technology.
In addition to Graf and Martin, who’s the retired CEO of Saks Inc., the other U of M board members are:
Douglas Edwards, senior adviser at BBH Capital Partners and former CEO of Morgan Keegan and Co. Inc.; Marvin Ellison, CEO and board chairman of J.C. Penney Co.; Cato Johnson, senior vice president of public policy and regulatory affairs for Methodist LeBonheur Healthcare, and David North, president and CEO for Sedgwick Claims Management Services.
Also, Carol Roberts, retired chief financial officer for International Paper Co.; Susan Springfield, executive vice president and chief credit officer for First Horizon National Corp., and Katharine Schaffzin, a University of Memphis law professor.
Jared Moses will serve as a non-voting student representative.
After electing officers, the board members approved a list of staffers for tenure and promotion and to create new doctoral-level programs in nursing. They also approved bylaws and set up three standing committees: academic research and student success, governance and finance and audit.
Approval of the nursing programs could be considered emblematic of why the university officials needed an independent board that could place a sharper focus on the university’s role regarding Memphis: the programs mesh nicely with this city’s growing and thriving medical community.
As the years and months pass, the board will face more difficult challenges, especially if state higher education funding remains static or decreases.
The governor, however, has placed a stellar group of proven leaders and university boosters on the board, who are well-suited for the tremendous responsibility of governing a great university.
Online:
https://www.commercialappeal.com
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