A nine-page report from Tennessee Comptroller Jason Mumpower’s Local Government Audit Unit, released last week, says the Shelby County Clerk’s office has been using different software to record parts of the same transactions and for years has not reconciled conflicting dollar amounts in financial statements. In a press release announcing the findings, the comptroller’s office says that the clerk's office "is not utilizing the software to its full capabilities." The Daily Memphian reports that the clerk’s office also "lacks an understanding of its software system." Auditors also noted issues with reconciliations not being performed, a signature stamp being used on checks, employees deleting their own transactions without authorization, and a failure to properly track how much money the county is owed after bad checks are written by customers. Shelby County Trustee Regina Newman told the news outlet that the county government may hire an auditor to further reconcile the money it gets from County Clerk Wanda Halbert’s office, stating "that’s obviously a longer-term issue." According to the Commercial Appeal, Hamilton County District Attorney Coty Wamp, who was appointed to lead the investigation, told reporters last Friday she learned things that give her "great concern" regarding Shelby County Clerk Wanda Halbert. "It makes sense that there are unhappy citizens and unhappy commissioners and unhappy elected officials, that makes sense to us at this point. There certainly are failures that must be fixed at some point whether that's through removal of office or not, we will make those decisions," Wamp said.

After approving a fifth judicial commissioner position at its last meeting, the Hamilton County Commission named Rachel Ortwein to the post last week. Ortwein, who previously was an assistant district attorney, had been serving as an "on call" judicial commissioner. She was the only applicant for the position, Chattanoogan.com reports. She will join Chief Lori Miller, Ron Powers, Charles Paty and Blake Murchison. Judicial commissioners, also known as magistrates, set bonds and handle warrants.

The Tennessee House on Thursday voted to vacate the Tennessee State University (TSU) board in its entirety. The Tennessean reports that a $2-million external forensic audit, commissioned by legislators and released on Thursday, found no instances of fraud or malfeasance at the historically Black university in Nashville, though it noted that a 250% increase in scholarships between 2019 and 2023 was not sustainable. Gov. Bill Lee signed the legislation into law on Thursday evening and announced eight new appointees. They include TBA members Terica Smith, Charles Traughber and Dakasha Winton. All new appointees are TSU graduates.

Davidson County Circuit Judge Joe Binkley Jr. on Wednesday denied a petition from former state Rep. Scotty Campbell, R-Mountain City, to view records relating to a sexual harassment complaint filed against him, which led to his resignation in April 2023. The Tennessean reports that the judge ruled that the records are not subject to disclosure under the Tennessee Public Records Act and that separation of powers prohibits the court from reviewing the Tennessee House of Representatives' internal rules unless a constitutional violation has been alleged. In February, Campbell sued the General Assembly's Office of Legislative Administration Director Connie Ridley, alleging that the office, which serves as the legislature's human resources department, withheld the records to cover up a complaint against House Republican Caucus Chair Jeremy Faison, R-Cosby. Faison has denied the allegations as well as the existence of any complaint filed against him.

The 2024 Corporate Counsel Pro Bono Initiative (CCPBI) Gala will be held April 20 in Nashville at the offices of Bass, Berry & Sims, located at the Pinnacle at Symphony Place. Individual tickets are available, and organizations are invited to support the initiative by becoming recognized sponsors. The gala will be a cocktail supper, with live music and a brief presentation, including awarding the inaugural Branham Grants. The CCPBI, a partnership between the TBA Access to Justice Committee, TBA Corporate Counsel Section and the Tennessee Chapter of the Association of Corporate Counsel, established the grants in honor of long-time access to justice champion Andy Branham, who passed away in 2022. The Branham Grants support pro bono projects designed to provide civil legal resources and support for people with, affected by, or at risk for addiction in Tennessee as well as those in recovery. See photos from last year's event. 

JULIA SMITH GIBBONS, Circuit Judge. Dwan and Aaron Bray (collectively, “plaintiffs”) brought this medical malpractice suit in state court individually and on behalf of their minor child, N.B., against Dr. Timothy J. Thress and various medical entities and actors (collectively, “defendants”). Plaintiffs sought damages stemming from defendants’ negligence as to Dwan Bray’s pre-natal care and subsequent birth of baby N.B. But unbeknownst to plaintiffs, Thress was employed by a federally funded health center during his treatment of Bray. In line with the Federally Supported Health Centers Assistance Act (“FSHCAA”), 42 U.S.C. § 233(g)–(n), Thress removed the suit to federal court and the United States substituted itself for Thress, requiring plaintiffs to bring their claim against the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b).

The government then moved for dismissal, arguing that plaintiffs failed to satisfy the FTCA’s administrative exhaustion requirement. Plaintiffs, in turn, moved first to remand the action to state court, arguing that the FSHCAA did not apply, and later to amend their complaint to demonstrate compliance with the FTCA’s exhaustion requirement. The district court denied both of plaintiffs’ motions, finding the FSHCAA applicable and any attempt to amend plaintiffs’ complaint futile. Accordingly, the district court dismissed plaintiffs’ FTCA claim without prejudice and remanded plaintiffs’ claims against the remaining defendants to state court. Plaintiffs appeal the district court’s denial of their motion to remand and its dismissal of their FTCA claim. Because the district court was correct in both respects, we affirm.

TBA’s Legislative Updates podcast is out with a new episode featuring attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists, Brad Lampley and Ashley Harbin. This week they discuss HB2710/SB2254, the TBA's conservatorship bill; HB2645, the adoption birth certificate bill; and HB2644, the adoption clean-up bill. They also discuss the TBA's testimony on Tuesday to the Senate Judiciary Committee. After testimony from TBA's Executive Director Sheree Wright and Williamson County attorney David Grimmett, the committee approved a motion in support of adding $26.145 million to the governor's budget for the purpose of increasing indigent representation funding. Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

In a new episode of the American Bar Association's (ABA) Business Law podcast "Path to the Bench," Davidson County Chancellor Anne Martin speaks about her journey, finding fulfillment in the law and the role of a judge. She also discusses the importance of mentorship and paying it forward in one’s career.

"An Overview of the Corporate Transparency Act: New Reporting Requirements That All Lawyers Must Know" is now available to watch on demand. This one hour CLE credit program, presented by Vincent Schilleci III of Maynard Nexsen, provides an overview of the federal law, which went into effect Jan. 1, including basics, analysis and application.

Thank you for your continued support of our Local Government Practice Section. As a reminder, our annual forum will take place virtually on May 23. We expect to include an ethics hour and have sessions on public records, contracts, and parliamentary procedures. You won't want to miss this informative program, especially since your section membership includes a discount on all Local Government-sponsored CLE!

In the meantime, you don’t have to wait to connect with colleagues: the section directory is a great resource for meeting other in-house attorneys or for referrals. We hope you attend the upcoming forum, and if you have thoughts or ideas for future section initiatives, please don’t hesitate to reach out to TBA staff coordinator Jamie Rhode.