Complicated questions remain for ethics reform compromise
The bill, which unanimously passed the Senate and House although in different versions, is at a crucial stage.
A joint committee of senators and representatives must iron out big differences in the bill, which generally aims to make it illegal for public officials to take money from government contractors.
No agreement was reached Tuesday, putting negotiations off for another day.
At the same time, a different legislative panel delayed its decision on other ethics measures still alive in the House that hope to shed light on the activities and spending practices of lobbyists.
Legislative leaders promised they are still committed to passing major ethics reform this session, a move sparked by the controversy surrounding Sen. John Ford’s business ties to state contractors.
“This is one of the most important pieces of legislation we’ll see this year,” said Senate Speaker Pro Tempore Micheal Williams at the start of negotiations over the ban on consulting. “The institution of the General Assembly is at a crossroads.”
Sen. Roy Herron, the Dresden Democrat who ushered the Senate’s tougher version through that chamber, said he still hopes to have ethics legislation on the governor’s desk by Thursday afternoon. Gov. Phil Bredesen has said he wants to sign ethics reform into law this year.
Key sticking points include the Senate’s vote to make it a felony, instead of a misdemeanor, for officials to engage in consulting or lobbying deals with companies that do business with the state and another provision that extends the ban to spouses of officials.
And many lawmakers don’t think there’s enough time to work the kinks out of a provision that would require them to report any business they conduct with state contractors or companies that do work with contractors.
Critics say such disclosure would make it hard for part-time legislators to run almost any small businesses because they would have to find out the occupations all of their clients — and if any of them work with state or local governments. Legislators who run law practices worry they could run afoul of client confidentiality rules.
“This would be absolutely impossible to enforce,” said Senate Republican Leader Ron Ramsey, R-Blountville. “This is just looking for entrapment in my mind.”
All of it is aimed at the consulting deals Ford, D-Memphis, held with various state contractors or subcontractors. Ford and his attorney have argued that the deals are not illegal under current law.
Still, Ford’s business ties — worth hundreds of thousands of dollars — are being investigated by state and local authorities.
The General Assembly faces mounting pressure from a skeptical public to act quickly on tougher penalties and tighter rules regarding shady consulting or lobbying deals.
Some feel like perfectly reasonable day-to-day business operations owned by legislators may be inadvertently banned as they race to cobble together legislation.
“I feel like I’m on a football team and somebody made a mistake and we’re all having to run wind sprints for it,” said House Democratic caucus chairman Randy Rinks of Savannah.
The 12-member conference committee, packed with each chamber’s top officials and an equal number of Democrats and Republicans, resumes negotiations over the measure on Wednesday morning.
———
On the Net:
See House bill 1 at: http://www.legislature.state.tn.us/
