NEW DISCLOSURE OF CONSULTING AND CAMPAIGN SERVICES FORM

Effective August 15, 2022, certain individuals are now required to disclose all contracts for both “consulting services” and “campaign services” to the Tennessee Ethics Commission.  Tenn. Code Ann. §§ 2-10-125 & 126 (as amended by Public Chapter 1087 (2022)).  The newly created Disclosure of Consulting Services and Campaign Services form should be used to disclose these contracts within five (5) days of entering into any such contract.  The following information explains who must file these disclosure reports, when the reports must be filed, what information must be disclosed, and where the disclosure must be filed.

Who is required to submit these disclosures?

The following individuals are required to file this disclosure if they enter into a contract to provide “consulting services”, as defined by Tenn. Code Ann. § 2-10-122(1), (2), to any person or entity (other than the state, a county, or a municipality):

·       Any staff or employee of the general assembly

·       Any member of a commission established by and responsible to the general assembly or either house of the general assembly;

·       Any member or employee of a state regulatory commission (including, but not limited to, directors of the Tennessee regulatory authority); or

·       Any member or employee of any executive department or agency or other state body in the executive branch

Further, the individual or entity who has contracted to pay a fee or commission to the above-described individuals are also required to file a corresponding disclosure.

The following individuals are required to file this disclosure if they enter into a contract to provide “campaign services”, as defined by Tenn. Code Ann. §§ 2-10-125(f), 126(f), to any person or entity (other than the state, a county, or a municipality):

·       Any member of the general assembly, or,

·       A staff person or employee of the general assembly

Further, the individual or entity who has contracted to pay a fee or commission to the above-described individuals are also required to file a corresponding disclosure.

When must the report be filed?

The Disclosure of Consulting Services and Campaign Services form must be submitted to the Tennessee Ethics Commission within five (5) days of entering into any contract for either consulting services and/or campaign services.  After the initial filing, quarterly reports must be submitted within fifteen (15) days after the end of the quarter. 

Pursuant to T.C.A. §§ 2-10-125(d)(1) and 2-10-126(d)(1), it is a Class A misdemeanor for any person or entity to knowingly failure to file the required disclosure.  Pursuant to T.C.A. §§ 2-10-125(d)(2) and 2-10-126(d)(2), it is a Class C misdemeanor for any person or entity to file a required disclosure more than thirty (30) days past its due date.  In the event that the Commission determines that any required report was not appropriately filed, or was filed more than 30 days past its due date, the Commission may refer the matter to the appropriate law enforcement agency for prosecution.

What information must be disclosed?

Pursuant to T.C.A. § 2-10-125(a), as revised by Public Chapter 1087 (2022), the filer must disclose the full name and identity of any person or other entity through which payment flowed to or from the person making the disclosure.  The filer must also disclose the date of the contract, the amount of the fee agreed to under the contract, the date that services were rendered, and a description of the services rendered or to be provided.  Disclosure forms which are not completed in full will not be accepted by the Tennessee Ethics Commission.

Pursuant to T.C.A. §§ 2-10-125(d)(1) and 2-10-126(d)(1), it is a Class A misdemeanor for any person or entity to knowingly provide false, incomplete, or misleading information on the disclosure form.  In the event that the Commission determines that any required report was not appropriately filed, or was filed with false, incomplete, or misleading information, the Commission may refer the matter to the appropriate law enforcement agency for prosecution.

Where must the disclosure be filed?

All disclosures must be filed with the Tennessee Ethics Commission at 404 James Robertson Parkway, Suite 104, Nashville, TN 37243.  Disclosures may be submitted by hand delivery, U.S. mail, facsimile, or by electronic mail to Ethics.Counsel@tn.gov.

A copy of the new Disclosure of Consulting Services and Campaign Services form can be found here.  If you have any questions or concerns regarding these disclosures, please contact our office at 615-741-7959.