But new policy could allow administration to cover up crimes by state employees, administration staffers

NASHVILLE, TN - In response to a Nashville Scene story today reporting that the Bredesen administration has arrogated unto itself the power to declare some emails written by state employees on state computers and sent using the state email system are “personal” and, therefore, not subject to the state’s open records laws, the Tennessee Republican Party warns that this new policy could enable the administration to cover up crimes and ethical breaches committed by members of the administration and by state employees.

“The administration has basically said that state employees are shielded from public scrutiny if they use publicly-owned computer systems for private business. That could help the administration cover up criminal wrong-doing or unethical behavior by a state employee or administration member so long as their actions did not involve official state business,” said Bill Hobbs, communications director of the Tennessee Republican Party.

In 2007, the Tennessee Center for Policy Research obtained emails sent by some legislative staffers which indicated that they were attempting to illegally distribute excess prescription medications such as the addictive Loritab. An email from one legislative staffer stated that the House Finance, Ways and Means Committee Secretary had ‘Black market Loritab up for grabs!!!’.”

Under the Bredesen administration’s new policy, those emails would be deemed “personal” and would be concealed - as would other emails and records that investigative reporters have often used to expose wrong-doing by state employees and administration staffers.

“Nothing in state law gives the administration the power to unilaterally declare some records ‘personal’ and, therefore, off-limits to the press and the public,” Hobbs said. “Their arrogant attempt to do so anyway raises a simple question: What are they hiding?”

In 2007, Gov. Phil Bredesen signed into law a provision that forbids the Tennessee Ethics Commission from imposing any penalties against an employee of the General Assembly or the governor for violating any part of the state’s ethics law.