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VOL. 48 | NO. 1 | Friday, January 5, 2024

Tennessee judge denies release of more records in sexual harassment complaint against ex-lawmaker

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NASHVILLE (AP) — A Tennessee judge has squashed an attempt to release more records involving a sexual harassment complaint against a former state lawmaker, including information about how tax dollars may have been spent as part of the investigation.

Davidson County Chancellor Russell Perkins' ruling, handed down Tuesday, is the latest development in the monthslong speculation over how Tennessee's GOP-dominated House handled a complaint lodged by a legislative intern against former Rep. Scotty Campbell.

Campbell resigned last April after it was revealed that an ethics panel found that he violated the Legislature's workplace discrimination and harassment policy. The resignation came just two weeks after the Republican joined his fellow GOP members in expelling two Black Democratic legislators for protesting in support of gun control on the state House floor.

Critics cried foul over Campbell's ability to weigh in on the expulsions while his sexual harassment complaint remained hidden from the public.

The process was further scrutinized because a WTVF-TV report found that the House used state funds to relocate the legislative intern during the investigation. Legislative officials have never publicly confirmed that tax dollars were ever used for such purposes. Instead, they've denied requests seeking the release of any existing financial documents.

Yet ultimately, Perkins ruled that there are exemptions to the state Public Records Act in the House rules pertaining to sexual harassment allegations, including "protective measures used for legislative employees."

Deborah Fisher, the executive director of the Tennessee Coalition for Open Government, said the current House rule and legislative policy on workplace discrimination and harassment don't explicitly say it can't release information about the taxpayer money spent resolving a sexual harassment complaint. She recommended a change to the rule and the harassment policy to make clear that the House can release information about that kind of spending in a way that keeps a victim's identity protected.

Fisher also noted that the judge did not make a determination about the state's argument that the Public Records Act doesn't apply to the Legislature. The judge instead wrote that he's unaware of rulings by any appeals court that the Legislature is exempt.

Separately, after Campbell's resignation, House Speaker Cameron Sexton said in April that the sexual harassment policy is meant to protect the release of information about victims.

He also added that there needs to be a review of the policy to see if anything needs to be changed. So far, lawmakers haven't announced any changes to the process.

"Confidentiality in the workplace discrimination reporting process deters retaliation and inhibits revictimization," Sexton said in a statement provided to The Associated Press, declining to answer when — or if — the Legislature's sexual harassment policy will be tweaked.

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