Tennessee legislature puts state watchdog agency under attorney general
Responsibility for investigation claims of discrimination, including from state agencies, will become the responsibility of Tennessee Attorney General Jonathan Skrmetti after the legislature dissolved the Tennessee Human Rights Commission. (Photo: John Partipilo/Tennessee Lookout)
The Tennessee Attorney General's Office could soon have the responsibility for investigating claims of discrimination by state agencies after the state Senate passed a measure dissolving the Human Rights Commission and moving operations to the AG's office.
Senate Bill 861, sponsored by Huntingdon Republican Sen. John Stevens, passed Monday 27-6 on partisan lines. The House version, sponsored by Goodletsville Republican Rep. Johnny Garrett, passed Thursday. The bill would go next to the governor's desk for his signature.
The 60-year-old commission is a nonpartisan and independent agency responsible for enforcing civil rights laws in employment, housing and public accommodation as well as discrimination claims against the state of Tennessee.
Bill to give Tennessee AG civil rights oversight draws Democratic pushback over partisanship
The measure has drawn criticism from Democrats who say handing discrimination claims to Attorney General Jonathan Skrmetti sets up a 'fox in the henhouse' scenario.
After Stevens referred to Skrmetti's office as 'the most nonpartisan' of Tennessee's three branches of government, Sen. Raumesh Akbari, a Memphis Democrat, disagreed.
'I'm not going to make it personal, but if you've never been discriminated against . . . it makes a difference who is investigating,' Akbari said. 'I would urge you to google the last few suits the attorney general has filed and I assure you their actions do not look nonpartisan.'
Skrmetti has led or joined lawsuits that include a challenge to the Equal Employment Opportunity Commission's rule prohibiting discrimination against women seeking abortions, litigation seeking to stop transgender medical care for minors and sent letters to corporations warning them against diversity, equity and inclusion initiatives, among other actions.
Tennessee Attorney General's Office to election finance office: We're 'not an investigative agency'
Stevens said his review of the commission showed that thousands of claims have 'languished' and not been investigated.
Democrats objected to that characterization.
'HRC testified to the fact they have several vacancies on their commission and it's because the House Speaker has refused the fill the vacancies since 2022,' said Sen. Charlane Oliver, a Nashville Democrat.
'We have crippled the ability of the HRC to do their job,' she said. 'That may be the reason they can't respond to complaints.'
Sen. Kerry Roberts, a Springfield Republican, described the commission as 'enormously ineffective' before calling for a vote.
Under the measure, the commission will be dissolved by July 1 and its 30 staff positions will move to the attorney general's office.
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