TN education chief repaid $2k in travel, attorney says complaint politically motivated

Tennessee Education Commissioner Lizzette Reynolds has repaid travel and event expenses paid for her last year by pro-voucher advocacy group ExcelinEd following an ethics complaint filed against her alleging that the reimbursements constitute an illegal gift from an employer of a lobbyist.

Reynolds attended two out-of-state conferences last year hosted by her former employer, ExcelinEd , after she came on board as the state’s education chief. ExcelinEd ― a national group working to expand school choice policies that Reynolds worked for immediately prior to joining state government ― paid her expenses, totaling $1,988.77 for both conferences.

State ethics law prohibits public officials from accepting gifts from lobbyists or employers of lobbyists.

ExcelinEd employs a lobbyist registered in Tennessee, who advocated for Gov. Bill Lee's statewide universal school voucher proposal this spring in parallel to Reynolds' advocacy for the program before state lawmakers. The legislation did not pass, but Lee has said he plans to bring back the proposal next year .

Reynolds paid the travel reimbursements back to ExcelinEd after an ethics complaint was filed against her following reporting by The Tennessean of the paid travel, according to a new response to the complaint filed this month by her attorney. Through her attorney ― Lee’s Chief Ethics Counsel Erin Merrick ― she insists the repayment is not an admission of wrongdoing.

After repaying the expenses to ExcelinEd from her personal funds, Reynolds has since been reimbursed ― this time with taxpayer funds approved by the Tennessee Department of Finance and Administration ― for attending the events.

The complaint will likely be taken up at the Tennessee Ethics Commission's next meeting on Aug. 29.

More: Complaint: Tennessee Education Chief's travel reimbursements allegedly violate ethics code

It's the second time this year that Reynolds has repaid funds following scrutiny. Reynolds twice signed state tuition waiver forms last year, untruthfully certifying under penalty of perjury that she had been a state employee for more than six months ― before six months of employment with the state. She later paid tuition funds back to the state, the agency calling the mishap “an administrative error.”

Admin attorney says ethics complaint is politically motivated

In his May ethics complaint, Rep. Caleb Hemmer , D-Nashville, alleges that Reynolds’ illegally accepted travel reimbursement from ExcelinEd in October and November 2023, violating state laws governing gifts to executive branch employees by lobbying organizations. Hemmer noted in his May complaint that he’d contacted Merrick, who “promptly dismissed my concerns” – which spurred him to file an official complaint.

Representing Reynolds in the ethics complaint, Merrick characterizes Hemmer's complaint as politically motivated. In the 50-page response, Merrick called Hemmer “an opponent of Governor Lee’s flagship school choice initiative” who “wrongly” accused Reynolds of “ethical violations,” and asked for the case to be dismissed.

“It appears the complaint against Commissioner Reynolds was filed for political reasons to undermine Governor Lee’s school choice agenda,” Merrick wrote in an Aug. 1 letter to the Bureau of Ethics and Campaign Finance. “Commissioner Reynolds’ repayment is not an admission of wrongdoing.”

Hemmer has openly been critical of Reynolds, and has voiced concerns that she is not statutorily qualified for the position because she does not hold a Tennessee teacher’s license – an issue that has prompted bipartisan criticism this year.

"The only thing politically motivated is the Governor's 'Chief Ethics Officer' and the Commissioner of Education turning a blind eye toward ethical and appropriate behavior whenever their voucher scam proposal is involved," Hemmer told The Tennessean in an email. "Whether its the Commissioner taking illegal out-state-junkets from her former employer or working with dark money groups funded by billionaires to inject millions into state legislative races, the more this raises serious concerns."

More: New records detail Tennessee education chief's meetings, push for voucher bill

ExcelinEd entities share officers, director, and address

According to the group’s website, Foundation for Excellence in Education, Inc. , known as ExcelinEd is a registered 501(c)3 nonprofit organization and Excellence in Education National, Inc. , sometimes called ExcelinEd Action, is a 501(c)4, allowed to engage in limited political activity. Reynolds was previously employed by the nonprofit.

Merrick argues that the Foundation, not its partner 501(c)4, paid for Reynolds’ travel. Because the 501(c)4, not the Foundation, employs a lobbyist registered in Tennessee, Merrick argues that there was no ethical violation.

According to Tennessee lobbyist registration records , lobbyist Miranda Williams – who advocated for the governor’s voucher legislation this year – is employed by ExcelinEd Action. The post office box listed on Williams' lobbyist registration is identical to the post office box listed on the Foundation’s nonprofit registration filed with the Florida Secretary of State.

Further, Williams, who is a registered lobbyist in Tennessee, is employed by both ExcelinEd and ExcelinEd Action , according to the group's websites.

While separate entities on paper, the two groups are functionally the same. They both share the same Tallahassee address and suite number, the same post office box, and the same director: Patricia Levesque. In addition, seven of the Foundation’s eight officers are also listed on the 501(c)4’s organizational documents filed with the Florida Secretary of State.

Reynolds repaid $1,988.77 after scrutiny, state then reimbursed

Merrick also argues that there was no infraction because Reynolds has since “voluntarily repaid conference expenses” in order “to move on from this distraction.”

Reynolds repaid ExcelinEd $1,988.77 on May 28, after Hemmer's complaint was filed following scrutiny of her reimbursed travel by The Tennessean. Taxpayers then paid back the commissioner’s expenses, state records show, after the Department of Finance & Administration found the conference travel “squarely within the Commissioner’s purview,” records attached to Merrick's response show.

Hemmer disagrees with Merrick's assertion that the repayment does not reflect an admission of wrongdoing.

"It's very telling that Commissioner Reynolds paid back the money in question after reporting by the Tennessean brought this issue to the light of day," he said. "I don't know many people who would pay back thousands of dollars in question from their own pocket if they didn't do anything wrong."

State law requires the Tennessee Education Commissioner to have experience in school administration and be qualified to teach at the high school level. Reynolds has experience in school choice policy and at the Texas education department, but has no classroom experience and is not licensed to teach in Tennessee . The Department of Education has confirmed that she is currently pursuing a teaching credential online.

Gov. Bill Lee's office has expressed support for the commissioner numerous times, while continuing to dodge questions about legal requirements for her qualifications, and keeping records of discussions of inquiries about Reynolds' qualifications secret .

In an opinion earlier this year issued at the request of Hemmer, Attorney General Jonathan Skrmetti found that the Tennessee governor has “unchecked authority” to name an education commissioner who does not have to be certified to teach in Tennessee schools.

Reynolds’ annual salary is more than $255,000, according to state records.

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: TN education chief repaid $2k in travel, attorney says complaint politically motivated