ethics

Investigators find ‘substantial reason’ to believe Duncan violated House rules with family spending

Congressional ethics investigators say they have found substantial reason to believe Rep. John J. Duncan Jr. improperly used thousands of campaign dollars on personal expenses for himself and his family, reports Michael Collins.

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Burchett accused of nepotism in hiring of stepson

A complaint to the state comptroller and anonymous emails to county commissioners accuse Knox County Mayor Tim Burchett of violating nepotism laws in the hiring of his stepson, a county laborer with a history of legal troubles, reports the News Sentinel. Burchett is currently running for the Republican nomination to the 2nd Congressional District seat.

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Tennessee Tech disavows study used in lobbying, financed by trucking company

The president of Tennessee Tech University has disavowed a study used to help justify the repeal of tighter federal emissions standards for a type of freight trucks, reports the Washington Post. He says that experts now question “the methodology and accuracy” of the industry-funded test.

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Duncan facing ethics investigation — apparently over campaign payments to family

The House Ethics Committee is investigating U.S. Rep. John J. “Jimmy” Duncan Jr. of Knoxville, though not giving a reason for the probe in a statement Tuesday. But there’s immediate speculation the investigation involves  payment of campaign funds to the congressman’s relatives – most notably his son, John J. Duncan III — that continued through into December of 2017 after media reporting on the matter in July. Duncan says he’s done nothing wrong.

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Black campaign collects $225K from donors linked to company benefiting from “pollution loophole” she promoted

Donors linked to a Crossville, Tenn., truck dealership known as Fitzgerald Glider provided 12 percent of contributions to the gubernatorial campaign of U.S. Rep. Diane Black, reports the New York Times under the headline, “How $225,000 Can Help Secure a Pollution Loophole at Trump’s E.P.A.” Black is reported to have played a pivotal role in promoting a “loophole” in federal law that helps the company.

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Ethics complaint filed against Burchett over $10K payment received in 2008

Knox County Mayor Tim Burchett, now running for the 2nd Congressional District seat, says he will file an amendment to a 2008 financial disclosure statement that has triggered filing of an ethics complaint against him, reports The Tennessean.

Melissa McCoy of Loudon County says she filed the complaint with the Tennessee Ethics Commission because Burchett failed to disclose a $10,000 payment from an electronics company while serving as a state senator. She says Burchett sponsored a bill that would benefit the company at the time he received the payment.

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Judge’s law license suspended; legislator says no impeachment plans ‘at this time’

State Rep. Gary Hicks, R-Rogersville, tells the Kingsport Times News he has no plans “at this time” to launch impeachment proceedings against Hawkins County Juvenile Court Judge Daniel Boyd, whose license to practice law has been suspended because of acknowledged “dishonesty.”

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Judge dismisses Durham lawsuit seeking pension and insurance benefits

U.S. District  Court Judge Aleta Trauger dismissed Friday a lawsuit filed by former state Rep.  Jeremy Durham seeking to restore lifetime health care and pension benefits he lost when the state House voted to expel him last year, according to The Tennessean. Continue reading

VA doctor accused of violating Hatch Act as 2014 TN candidate for U.S. Senate

A Veterans Affairs doctor is accused of violating the federal Hatch Act during a failed 2014 campaign to unseat Republican Sen. Lamar Alexander, including promoting his campaign during visits with at least one patient, reports The Tennessean.

Choudhury Salekin violated the act 15 times, according to a release from the Office of Special Counsel (see below)…. It could not immediately be confirmed if Salekin was still working at the Murfreesboro VA facility. A message left for Salekin seeking comment was not immediately returned Wednesday evening.

Note: Salekin, one of eight independent candidates on the ballot, received 787 votes statewide in the Nov. 4, 2014 general election – won by Alexander with 850,087 votes with Democrat Gordon Ball runnerup with 437,848 votes, according to official returns posted on the Division of Election website.

Press release from U.S. Office of Special Counsel

The U.S. Office of Special Counsel (OSC) has filed a complaint for disciplinary action with the Merit Systems Protection Board (MSPB) against a Department of Veterans Affairs (VA) doctor, charging him with 15 counts of violating the Hatch Act.

While an employee of the VA’s Tennessee Valley Healthcare System (in Murfreesboro), the doctor ran as an independent candidate in the 2014 partisan election for the office of U.S. senator from Tennessee. According to OSC, the doctor promoted his candidacy by distributing business cards featuring the VA’s official seal and touting his campaign video, which was available on his campaign website and on YouTube.

The video included a testimonial from a patient he had treated at the VA. OSC also alleges that the doctor encouraged several VA colleagues and at least one patient – during a medical consultation – to watch his campaign video. He also solicited campaign contributions both online and in person and invited at least one patient, also during a medical consultation, to a campaign event.

The Hatch Act generally prohibits federal employees from being candidates in partisan elections – even as independent candidates – and from knowingly soliciting, accepting, or receiving political contributions from any person, at any time. The Hatch Act also prohibits employees from using their official influence as government employees to affect the result of an election. Finally, federal employees may not engage in any political activity while on duty or in the federal workplace.

According to OSC’s November 17, 2017, complaint, the VA doctor had received guidance from the VA’s acting general counsel outlining each of the Hatch Act’s restrictions.

OSC’s complaint asks the MSPB to find that the doctor engaged in prohibited political activity as charged and to order appropriate disciplinary action. Penalties for Hatch Act violations range from reprimand or suspension to removal and debarment from federal employment.

“Federal employees should remember their restrictions under the Hatch Act,” Special Counsel Henry J. Kerner said. “Those who have questions should contact the Office of Special Counsel or their relevant agency officials for advice.”

…The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency. Our basic authorities come from four federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment and Reemployment Rights Act. OSC’s primary mission is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices, especially whistleblower retaliation, and to serve as a safe channel for allegations of wrongdoing. For more information, please visit our website at www.osc.gov.

Judge gets reprimand for granting jail sentence reductions for vasectomies

White County General Sessions Jud Sam Benningfied has been reprimanded by the state Board of Judicial Conduct for offering jail inmates 30 days off their time behind bars for getting vasectomies or birth control implants, reports The Tennessean.

Bennifield’s order authorizing sentence reductions for long-term birth control measures was issued in May and rescinded in July after protests. It has led to at least two lawsuits against the judge and the White County sheriff, who oversees the jail in Sparta.

A letter posted on the Board’s public website (HERE) says the judge’s actions threatened confidence in the judicial system.

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