NASHVILLE, TN (CLARKSVILLE NOW) – The Tennessee Ethics Commission dismissed the complaints against state Rep. Aron Maberry on Tuesday, and, in a turn of events, considered taking legal action against those who made the allegations.
Earlier this month, complaints were filed with the TEC calling on the body to investigate “clear conflicts of interest” due to Maberry holding two government-funded positions. This culminated in a special called session with the TEC in Nashville on April 22.
“What concerns me greatly is that what this group (of complainants) has done has set a precedent for others, and I believe that would essentially weaponize the Ethics Commission for political purposes. If there was ever a reckless disregard, I believe it has been with today’s hearing,” TEC Chairman Tammy White said.
‘Colossal waste of time,’ complaints sent to media
On April 4, Clarksville citizens calling themselves “Public Schools Strong” filed an 89-page complaint to the TEC alleging five complaints against Maberry, a Clarksville Republican, including a conflict of interest between his roles as a representative in the Tennessee General Assembly and as a Clarksville-Montgomery County School Board member, misuse of his position and more.
As the preliminary hearing began, TEC Staff Executive Director Bill Young noted for the record that these meetings are normally confidential, but prior to the complaints being filed with the TEC, they were distributed to media outlets, and Maberry requested that his hearing be expedited and opened to the public.
Ultimately, the TEC dismissed the complaints due to lack of jurisdiction. Young explained that even if they did have jurisdiction, there is no constitutional impediment in the Tennessee Constitution to Maberry holding seats as both a school board member and state representative. He clarified that this was a determination for the CMCSS School Board and the General Assembly to make.
“It appears to political, would be the nice word,” TEC Chairman Duane Gilbert said. “It appears to be a colossal waste of time, that state’s resources and employees on something that should be handled at the ballot box. It appears to be something that has tried to misuse the Ethics Commission and what we oversee as a tool to make a headline in the newspaper.”
Gilbert explained that publicizing the complaint to the media before filing it with the state completed the objective of reaching a headline instead of a responsible conclusion. Gilbert moved to dismiss the matter based on the staff recommendation.
The other TEC members echoed a similar sentiment before it was taken to a unanimous 6-0 vote, dismissing the claims against Maberry.
‘Disturbing’ and ‘reckless disregard’
TEC Chairman White had a warning to impart before the meeting adjourned: “I have served on this body for 15 years, and I am extremely disturbed by what we have seen and heard on this matter,” White said. “And for the record, I do not recall a time ever before this past year in this case and one other recent case that involved complainant parties sharing copies of a formal complaint with the press.”
White said members of the media receiving sworn copies of this complaint before the Ethics Commission and bureau staff received them is “very disturbing.” She later stated that just because someone votes for legislation that is in contrast to another group’s political beliefs or opinions doesn’t amount to an ethical violation.
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“Let me be clear to the complainants today,” White continued. “Each of you signed sworn statements, and you may have overlooked TCA 3-6-208, which are sanctions for unsubstantiated complaints.”
According to the TEC website, any person who knowingly files a sworn complaint that is false or for the purpose of harassment is subject to civil penalties and is liable for reasonable attorney’s fees incurred by a candidate who was the subject of such complaint. White said this is a Class 2 offense with civil penalties of up to $10,000.
“This body was not created to be used as a political pawn for headlines,” White said. “We take our work very seriously. We are volunteers who serve our state. I believe it is most unfortunate that you have chosen to share a very serious complaint against an elected official in the manner in which you did. I hope you all understand the seriousness of your actions and truly the reckless disregard, in my opinion.”
Complainant and Maberry respond
Joy Rice and Karen Reynolds, two of the five complainants, attended the meeting and told Clarksville Now they weren’t surprised that the commission ruled in Maberry’s favor. They were not, however, prepared for the TEC’s response to them.
“They used ‘shoot the messenger’ mentality,” Rice said. “We knew the hearing was to decide if the ethics complaint was valid, but I was surprised that the committee chose to ‘attack those who brought it to our attention’ strategy.” Rice said their efforts are not complete. “It’s not done; it’s not resolved. … They just said it was out of their jurisdiction.”
“Our charge of unethical behavior was not addressed; they made it clear it needed to be back to the local school board,” Reynolds said. “I think we will probably take what they said and pursue that and find a process through a local level as per their directions.”
Maberry told Clarksville Now he’s grateful for the TEC’s willingness to expedite this hearing and happy with the results.
“I appreciate the Ethics Commission’s prompt judgment confirming this complaint was nothing more than a desperate political stunt,” Mayberry said. “This group weaponized the process for media attention. Their actions are an egregious misuse of taxpayer dollars, time and agency resources for the sole purposes of humiliating me. I’m ready to move forward and stay focused on the important work I was elected to do.”
Jenna Kester contributed to this report.
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