The Tennessee Ethics Commission on Friday dismissed a complaint against education commissioner Lizzette Reynolds in a 4-0 vote. The complaint, filed by Rep. Caleb Hemmer (D-Nashville), accused Reynolds of violating state law by taking two out-of-state trips to education conferences paid for by Reynolds’ former employer and pro-privatization nonprofit ExcelinEd.
A letter from the executive director of the Bureau of Ethics and Campaign Finance, William Young, explains that the commission expressed disappointment about the need to address the matter but ultimately decided it wasn’t worth investigating further because Reynolds repaid the related expenses.
“The Commission would like to make clear that it is not making a finding or conclusion regarding whether Commissioner Reynolds has knowingly violated Tenn. Code Ann. § 3-6-305 by accepting a prohibited gift from an employer of a lobbyist, either directly or indirectly,” reads the letter. “Rather, Commissioner Reynolds’ willingness to correct the potential violation, albeit without admitting any wrongdoing, is satisfactory to the Commission that no further action is necessary.”
The education commissioner is facing another wave of criticism following acceptance of tuition assistance
The letter states, however, that the commission will recommend to the General Assembly that it require all members of the governor’s cabinet —including commissioners — to complete the same annual ethics training that lawmakers undergo. The commission also emphasizes the importance of consulting with its staff for guidance on relevant matters.
In a statement, Hemmer maintains that Reynolds violated state policy. He also thanks the Tennessee Ethics Commission for its work, applauds its suggestion about ethics training and reminds the public that he can request a hearing on the matter if new information arises.
“The controversies surrounding Commissioner Lizzette Reynolds have been well documented, yet she continues to serve despite repeated indiscretions that demonstrate that [she] isn’t qualified to hold her position,” reads part of Hemmer’s statement. “I felt that I had no other option but to file the complaint after the Governor’s Office refused to rein in Commissioner Reynolds after multiple media reports and her repeated incompetence in being able to perform the basic duties of her job. …
‘Commissioner Reynolds is legally unqualified and she must resign’
“Based on the outcome of this case and the media reports that Governor Lee took a similar trip from an employer of a lobbyist, I will be seeking an Attorney General’s opinion to get further clarification on this issue. Additionally, I am working with our legislative attorneys and the House Ethics Counsel to update our ethics statute so employers of lobbyists can’t use separate affiliated entities to fund travel and skirt our current ethics laws. Additionally, the Governor and Cabinet officials need to be added to the state statute the requires Legislators to disclose out-of-state travel funded by outside interests.”
This is far from first time Reynolds has faced public criticism since assuming her role last summer. She is widely considered a friendly party to Gov. Bill Lee’s voucher-related aspirations. House Democrats called for her resignation in January after highlighting that, per state law, Reynolds didn’t qualify for the position because she was not certified to teach K-12 students when she started. (Gov. Lee defended Reynolds' qualifications.) Some have speculated about whether she lives in Tennessee or still primarily resides in Texas. She also received criticism for accepting tuition assistance she didn’t qualify for while enrolled in an education program through UT Martin. (A representative from the Tennessee Department of Education told The Tennessean that the tuition assistance was “an administrative error” and that Reynolds paid the money back.) Rep. Todd Warner (R-Chapel Hill), an outspoken critic of Lee’s universal voucher proposal, also called for Reynolds' resignation after learning about the tuition assistance, noting that Reynolds struggled to answer questions from a legislative committee.
