Complaint: Tennessee Education Chief's travel reimbursements allegedly violate ethics code
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An ethics complaint filed Tuesday against Tennessee Education Commissioner Lizzette Reynolds alleges she accepted travel reimbursements paid for by a group that also lobbies the legislature, in violation of state law and executive branch standards.
Reynolds attended two out-of-state events last year with expenses paid by her former employer, ExcelinEd, a national advocacy group that works to expand education choice policies. ExcelinEd also employs a lobbyist in Tennessee, Miranda Williams, who lobbied for Gov. Bill Lee’s universal school choice proposal this year — which Reynolds also championed in the legislature.
A complaint filed Tuesday by Rep. Caleb Hemmer, D-Nashville, to the Tennessee Ethics Commission alleges that Reynolds’ out-of-state travel to conferences in October and November 2023 were paid for by ExcelinEd. The transaction amounts to a violation of state laws governing gifts to executive branch employees by lobbying organizations, Hemmer argues. He added that the governor's chief ethics attorney disagreed with him.
“Commissioner Reynolds has shown a troubling pattern of being ill-informed about the official responsibilities of her role and an outright inability to follow Tennessee law,” Hemmer told The Tennessean. “I raised this issue with Governor Lee’s Chief Ethics Counsel, who promptly dismissed my concerns. Therefore, I’ve had no option but to file an official ethics complaint with the Tennessee Ethics Commission.”
The Tennessee Department of Education and Lee's office did not respond to a request for comment from The Tennessean. Previously, Lee has emphasized support for Reynolds to continue in her role.
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State law prohibits members of the executive branch; lawmakers; and political candidates and their immediate families from soliciting or accepting gifts — directly or indirectly. The law makes exceptions for out-of-state travel when reimbursed by a recognized organization of elected or appointed state government officials or their staff, or their umbrella organizations.
“ExcelinEd is an employer of a lobbyist in Tennessee and, therefore, not allowed to pay or reimburse for out-of-state travel of an executive branch employee,” Hemmer wrote in the complaint, adding that the travel “does not meet any statutory exceptions.”
If accepting gifts that are not prohibited, state law requires executive branch officials to report gifts within seven days of the event. In her 2024 statement of interest, filed with the Ethics Commission last month, Reynolds disclosed legislative expenses related to her attendance at ExcelinEd’s LAUNCH event and summit last year.
Executive Order 2, signed by Lee in 2019, prohibits executive employees from accepting lodging, transportation, food or anything of monetary value from any entity that “has interests that may be substantially affected by the performance or nonperformance of the employee’s official duties.”
It also directs executive branch employees to avoid actions that could give the appearance of “giving preferential treatment to any person” or “losing complete independence or impartiality,” which Hemmer alleges Reynolds is guilty of doing.
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Prior to submitting the complaint, Hemmer emailed Lee’s Chief Ethics Officer Erin Merrick sharing “serious concerns” on whether Lee’s executive order allows the commissioner to receive travel reimbursements from ExcelinEd, an employer of a lobbyist.
“I do not provide interpretations of Executive Order No. 2 to those who are not members of the executive branch,” Merrick responded via email on May 10, according to a copy of the correspondence obtained by The Tennessean.
Lawmakers from both sides of the aisle have called for Reynolds to resign in recent months following a report by The Tennessean that she repeatedly signed forms misrepresenting her tenure with the state to obtain a taxpayer-funded tuition waiver. They have questioned her qualifications to continue leading the state agency.
Vivian Jones covers state government and politics for The Tennessean. Reach her at vjones@tennessean.com or on X at @Vivian_E_Jones.
This article originally appeared on Nashville Tennessean: Tennessee Education Commissioner's funding for travel questioned
