“Ethics Complaint Filed Against Tennessee Senator Over Handling of School Shooting Documents”

Family members representing the six victims of a Nashville school shooting last year have lodged an ethics complaint against a Tennessee state senator, alleging he is acting in his own interest by both pursuing legal action for the release of the shooter’s writings and introducing legislation to prevent third parties, like the victims’ families, from intervening in public records lawsuits.

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Senator

Senator Todd Gardenhire is among those who submitted open records requests last year to obtain access to journals and other materials gathered by Metro Nashville Police during their investigation. Despite assurances from the police that the documents will be released once the investigation concludes in a few months, Gardenhire and others filed a lawsuit to compel their release. They argue that since the shooter is deceased and no further prosecution is underway, there is no ongoing investigation. However, the lawsuit has faced complications and delays due to disagreements over who can participate in the legal proceedings.

A group of parents from the Covenant School, along with the school itself and the Covenant Presbyterian Church, sought to intervene in the lawsuit to prevent any potentially sensitive details from being made public, fearing it could compromise the security of the school building. The parents, in particular, oppose the release of the documents, citing concerns about further traumatizing their children and inciting others to commit similar acts.

A hearing for the records case is scheduled to commence soon. Following the setback in court regarding intervention rights, Gardenhire proposed a bill this year that prohibits third-party intervention in public records lawsuits.

While the bill does not apply retroactively, an ethics complaint filed against Gardenhire alleges that he is leveraging his position as a State Senator to push through legislation that sidelines opposing parties. The complaint contends that Gardenhire failed to disclose his involvement in the Covenant records lawsuit. In committee discussions on March 12, Gardenhire defended his bill, arguing that third-party intervenors undermine the government’s control over its records, without referencing the ongoing records lawsuit. The bill passed the Senate without debate or opposition on March 18 and is set to be considered by the House of Representatives.

However, a victim’s rights group has urged House members to reject the legislation, emphasizing the detrimental impact it could have on victims’ rights. Gardenhire has refrained from commenting on the matter.

The Senate Ethics Committee will now determine whether to address the complaint during the current legislative session. In 2022, the committee, comprising predominantly Republicans, convened to address an internal complaint against a former Democratic Senator, resulting in her recommendation for removal following a wire fraud conviction.