in ,?lm ll Wm 1? Finance December 18, 2015 Phil Williams Chief Investigative Reporter WTVF-TV 474 James Robertson Pkwy Nashville, TN 37219 Dear Mr. Williams: Pursuant to Tenn. Code JAnn. ?10-7-503, provided today for your inspection are doCuments responsive your records request on August 13, 2015 seeking to ?personally inspect any state email sent to or from the domain ?billhaslam.com"since July 1, 2014?, which you narrowed down to ?email to/from any Cabinet member? on August 24, 2015. 7 Eighteen documents are being withheld from disclosure. The basis for withholding thirteen documents plus the attachment to a. document is that they are protected by the common law provision of deliberative process privilege. The basis for withholding two documents is Tenn. Code Ann. 4-3?730. The basis for withholding two of the documents is Tenn. Code Ann. 67-1-1702. Please sign below acknowledging your inspection of the documents. If you have any questions, please let me know. Sincerely yours, 1 1/6 /l6 (?gme) (date) Office of General Counsel Wm. R. Snodgrass TN Tower, Suite 2000 i 312 Rosa L. Parks? Avenue - Nashville, TN 37243 i; Tel: 615-532-9617 Fax: 615?532-8532 - tn.gcv/finance Todd Skelton From: David Thurman Sent: Friday, March 13, 2015 8:41 AM To: Bill Cc: Larry Martin; Mark Cate Subject: FY16 Revenue Growth Attachments: 05601301.pdf Follow Up Flag: Follow up Flag Status: . Completed Governor, Following up on your revenue question when we go to the top of the range for FY15. . . Our FY15 Revenue base is currently 510.1058. By recognizing an additional $27.5m, our FY15 revenue base now becomes 510.1333. The FY16 revenue growth estimate of 3 percent will now generate an additional Of this amount,.we were already recognizing The net difference is only $800,000. Attached is our worksheet that will demonstrate our math. Statement of Adjustments to Tax Estimates, Department of Revenue Taxes 2013-2014 Through 2015-2016 General Fund Increase I (Decrease) 1 Tota __ Recurring Non-Recurring ActiJal collections 9,744,409,700 9,744,409,700 .- b?IBudgeted Estimate July 1, 2013 :,.,.10.065.800..000.. . 1 Total FY 2013-2014 Undercollectionia.-b.l* (321.390.3001.. 5 (321.390.3001 2014:2015. February 3. 2014 Budget Document Estimate 10.278.400.000 10.278.400.000 15 9: April 2014 Franchise and Excise Tax Adjustment (154,900,000) (154,900,000) 2 2014 PC 9_19, Section 61, item 1 Debt Service Fund Adjustment 001000 J9, .2. . ., L. in; hf. Budgeted Estimatefce?uuiy 1. 20.14% - ?0 100633003000 "30.300000, 2014 PC 908 - Sales Tax on Diesel Fuel Paid by Railroads - Recognize Revenue Loss {3,000,000} 7? (3,300,000) . Total FY2014-2015 Revised Estimate 10.149.900.000 20,400,000 lit. a. zine-2016- Revenue Base (2014?2015 Revised Recurring Estimate) A- g; 10.129.500.000 0 10'129,500,000 Revenue Growth from Revised Recurring ge?iE?i?r??E . t. ?304.000i000iz Total FY 2015-2016 Estimate - 33.50.0000? l. s. . j. .. "303399.390, FY 2013-2014 Over] (Under) Collection: Cash Reports) (302,414,200) Accruai Gain I (Loss) (18,976,100) Total 0' 1320390300; 2012 Public Acts: r" PC 1057 - Inheritance Tax $2 Exemption 1-1-2014 WSW a 15 (20,400,000) 13 20.400.000 Sub-Total - 2012 Public Acts . - .ii 20,400,000 2013 Public Acts: PC 760 - Repeats occupational privilege tax for NBA and NHL players (LGF: $1.9 M) -. .. PC 763 Privilege Tax - Faiiure to pay professional privilege tax 1.700.000 1.700.000 PC 966 - Motor Vehicle Registration - Veteran and military license plates 0100.000) (100.000) . . Sub-Total - 2013 Public Acts - 01,000,000 :4 Total Tax Adjustments I S, . 203110.000. 16 Top of Range Growth 3.- 3113I2015 0:18 AM ?x 23" Exchange Reviewz From: Larry Martin Sent: Sunday, March 15, 2015 3:28 PM To: Larry Martin Subject: Fwd: FY16 Revenue Growth Attachments: image001.png Begin forwarded message: From: David Thurman Date: March 15, 2015 at 3:11:36 PM CDT To: 'Bill Haslam' ?Qbillhaslam.com> Cc: Larry Martin Mark Cate Subject: RE: FY16 Revenue Growth Governor, I have worked through the revenue adjus ment of again focusing on the impact on total revenue available before and after the adjustment and agree we should be recognizing the$27.5M as both FY15 Non-Rec revenue AND FY16 Recurring revenue along with the $800,000 growth. Our spreadsheet focused only on growth. Let me double back with station Monday am to con?rm but believe the below math is the correct way to look at this. [a From: Bill Haslam [mailto?biilhaslamcom] Sent: Saturday, March 14, 2015 4:22 PM To: David Thurman Ob: Bill Haslam; Larry Martin; Mark Cate Subject: Re: FY16 Revenue Growth - Thanks, but l'm still not sure how all of this gets translated into the Administration Budget Amendment Overview 3 that you gave us last week. Don't see how the 27,500,000 in new 14/15 revenue shows up in the 15/16 numbers as additional revenue to work with. On Mar 13, 2015, at 8:40 AM, David Thurman wrote: Governor, Following up on your revenue question when we go to the top of the range for FY15. . . Our FY15 Revenue base is currently 510.1053. By recognizing an additional $27.5m, our FY15 revenue base now becomes 510.1338. The FY16 revenue growth estimate of 3 percent will now generate an additional Of this amount, we were already recognizing The net difference is only $800,000. Attached is our worksheet that will demonstrate our math. <0560_001.pdf> FY15 Recqmmenda?un (February) . .3332? . . (3ft?th ?luf??i W15 E5: 10,135,3mi0m maxilmma ?52; mangon?mn - m?ammam a? adg?usting FY15 53:13 by 835% $6335: . FY16- 65th Tami W15 Est legasgmma 9&5 Est 13,129350B?m - 133331.43333006 ?at Fiscal lag-Mi: bail-e - milahl?ar that 8353 ?63955: 3% FY16 6mm "Fatal 9515 E5: -s $596,601? at 275mm Wig Est S?fm?? 223368383 odd Skelton From: David Thurman Sent: Sunday, March 15, 2015 3:12 PM To: 'Bill Haslam' Cc: Larry Martin; Mark Cate Subject: RE: FY16 Revenue Growth Governor, have worked through the revenue adjustment of again focusing on the impact on total revenue available before and after the adjustment and agree we should be recognizing the as both FY15 Non?Rec revenue AND FY16 Recurring revenue along with the $800,000 growth. Our spreadsheet focused only on growth. Let me double back with staff on Monday am to confirm but believe the below math is the correct way to iook at this. FY16 Recommendation (February) Base Adjust 3% FY16 Growth Total FY15 Est (3,895,390) - 15,102,030,500 FY16 Est 10392350388 - FY16 AA - adjusting FY15 Base by Base . Adjust 3% Growth: Total . FY15 Est 23,700,030 - 10,129,500,008 FY16 Est 19,?9,569,009 - 303,990,000 10,433,490,000 NetFticaE impact both - avaitabte liar the AA Base Adjust 3% FY16 Growth Total FY15 Est .- 27,seo,oeo . 27,590,000 FY16 Est 27,599,000 I - 309,000 23,399,993 From: Bill Haslam Sent: Saturday, March 14, 2015 4:22 PM To: David Thurman . Cc: Bill Haslam; Larry Martin; Mark Cate Subject: Re: FY16 Revenue Growth Thanks, but I'm stili not sure how all of this gets translated into the Administration Budget Amendment Overview 3 that you gave us last week. Don?t see how the 27,500,000 in new 14/15 revenue shows up in the 15/16 numbers as additional revenue to work with. On Mar 13, 2015, at 8:40 AM, David Thurman wrote: Governor, Following up on your revenue question when we go to the top of the range for FY15. . . 1 Our FY15 Revenue base is currently $101058. By recognizing an additional $27.5m, our FY15 revenue base now becomes 510.1338. The FY16 revenue growth estimate of 3 percent will now generate an additional Of this amount, we were already recognizing The net difference is only $800,000. Attached is our worksheet that will demonstrate our math. <0560_001.pdf> Statement of Adjustments to Tax Estimates, Department of Revenue Taxes 2013-2014 Through 2015-2016 General Fund Increase I (Decrease) Acute! collections b?zBudgeted Estimate July 1, 2013 Total FY 2013-2014 Undercollection la. - A u. HEY. 2014:2015. February 3. 2014 Budget Document Estimate April 2014 Franchise and Excise Tax Adjustment 2014 0, Section 61, item 1 Debt Service . nd Adjustment Total A Recurring Non-Recurring 9,744,409,700 9?744,409,700 ?s (321.390.3001) 0 (3.21.390000) . -.. ewe-e - . . 2014 PC 908 - Sales Tax on Diesel Fuel Paid by Railroads Recognize Revenue Loss Total FY 20102015 Revised Estimate ill. 43015-2016., Revenue Base (2014?2015 Revised Recurring Estimate) . Revenue Growth from Revised Recurring Total FY 2015-2016 Estimate 0 10278300000 10.270.400.000 0 (154000.000) (154000.000) - 0300:1300: . 4? 10-000 ?20400'000?- mime; {2011n?ga?gznogm?;;: ?1 6113;129:500000? .11: 20300000 "3030090100 FY 2013-2014 Over] (Under) Collection: Cash Reports) 35 (302,414,200) Accrual Gain I (Loss) 1 976 1 0 Total $321,390,300! 2012 Public Acts: PC 1057 - inheritance Tax $2 Exemption 1-1-2014 Sub-Iota! - 2012 Public Acts 2013 Public Acts: PC 760 - Repeals occupational privilege tax for NBA and NHL players $1.9 M) 0 PC 763 - Privilege Tax - Failure to pay professional privilege tax PC 966 - Motor Vehicle Registration - Veteran and military license plates Sub-Total - 2013 Public Acts Total Tax Adjustments 18 Top of Range Growth . 55 (20,400.000) 35 20,400,000 4 .0 2090-000 i 19?. - 1 ,700,000 1 ?700. 000 (100.000)_ (100.0%) . 0:05.11; 1.0.0.0000 0.1000000 .s: 311312015 8:10 AM Exchange ReviewZ From: Sent To: Subject: Bill Haslam Wednesday, September 17, 2014 10:07 AM Larry Martin Fwd: James White Parkway Per our discussion. Let me know if you have any questions. Begin forwarded message: From: Madeline Rogero Date: July 23, 2014 at 7:20:35 PM CDT To: Bill Haslam @billhaslan1.com> Cc: Bill Lyons Subject: James White Parkway Hi, Governor: Just wanted to follow-up from our brief visit in my of?ce last week. Please read when you can't fall asleep!! To sum up the issue with WP: TDOT has backed off giving us the WP bridge, but they still want us to be responsible for the roadway and the huge retaining walls that are near the Marriott and Coliseum (as you head toward the river after passing the KAT transfer station overhead). They are saying that they will no longer call WP a state route and want to give us everything from about I-40 lJ WP (except the bridge nowMoody. You may recall, that my original request to you was for the land at the end of WP, near and under Sevierville Pike/Moody, and beyond that connects to So Doyle Mid School and the Wood Family property that was donated to LPF. Legacy Parks and we want to make that the grand entrance to the Urban Wilderness. Appalachian Mountain Bike Club has a grant to design a great bike park for beginners and experienced, and that will then all tie in to South Doyle Middle School and the land from the Wood Family (which you via TDEC gave LPF a grant to develop). We will also apply to TDEC for another big grant which we hope will help build out that bike park. Meanwhile, TDOT has decided that if they can't build the WP extension, then they don't want any part of the WP. This doesn't make sense to me and our traf?c engineers. I would think if they anticipate such awful traf?c in the future on Henley and Chapman, they would still want to route people around downtown from I-40 via the WP to Moody to Chapman. You would at least bypass the downtown congestion and it would entail relatively very little expense to TDOT. If they still decide to give up the state route, we should not be under an obligation to take a road that never belonged to us and that the state built some 25 plus years ago. 1 TDOT uses some legal reasoning for this that Charles Swanson doesn't believe is accurate. Anyway, I know this is too much detail (and this is just really skimming the surface), but I await your advice and appreciate whatever support you can give. Best, Madeline Sent from my iPad Will Cromer From: Will Cromer Sent: Monday, March 09, 2015 4:14 PM To: Bill Haslam Subject: Re: Reminder of Calls with Michael Moe Thursday and Friday to prep for Paneb Got it. Will do. Sent from my iPhone 011 Mar 9, 2015, at 4:08 PM, "Bill Haslam" ?Qbillhaslameorrp wrote: Yes thanks Sent from my iPhone On?Mar 9, 2015, at 3:03 PM, Will Cromer wrotei Yes, one of us can de?nitely do that. Should we RSVP directly to the organizer? Sent from my iPhone On Mar 9, 2015, at 3:44 PM, "Bill Haslam" ?Qbillhaslam.com> wrote: Will, this is for the event I'm speaking at in April in Phoenix.. Can you or Jayme be on the call for me? Begin forwarded message: From: Deborah Quazzo Date: March 9, 2015 at 12:56:04 PM MDT To: Michael Cohn Brendan Bulger Kerry Rodeghero Subject: Reminder of Calls with Michael Moe Thursday and Friday to prep for Panels Just a quick reminder that we have the option of two calls that you or a member of your team could join Thursday or Friday this week for Michael Moe to review the framing of our Summit themes this year and your panel?s fit with the themes. We wanted panel participants to have a clear View of the work we are doing around a 20/20 Vision for 1 educational equity. Thank you! Please select and RSVP to one ofthe fallowlng calls for you - or one of yourteam - to join: Thursday, March 12th at 9:30 AM Pacific/11:30 AM Central 12:30 PM Eastern Friday. March 13th at 5:30 AM Pacific/ 11:30 AM Central 11:30 PM Eastern Dial In For Both Calls: 312-971-2907 Best, Dq J-- Deborah Quazzo GSV Advisers 875 Michigan Avenue, Suite 3520 Chicago, 312.397.0070 0 -- dguazzo@gsvadvisorstcom Christy Ballard From: Bill Haslam Sent: Friday, April 24, 2015 10:27 AM To: Candice McQueen Subject: Re: Thanks Thanks Candice, Crissy and i enjoyed being with you and Andy and look forward to getting to know Andy better. I hope to go on a bike ride with him soon and see if I can keep up! I will work on ?nding a time to get together for an update in the near future. Thanks On Apr 23, 2015, at 8:57 PM, Candice McQueen wrote: Governor, Thanks so much for the invitation to join you on Saturday night at the Tennessee Waltz event. It was a great evening and I enjoyed getting to know you and Chrissy better. Andy and I are very appreciative of the invitation. In addition, after completing my ?rst 90 days this week, I can say without hesitation that it has been a honor to serve with you. Thanks for this appointment and con?dence. While the work is challenging (while being incredibly interesting and ful?lling) and the task is large, we have so many opportunities to take what has been accomplished to the next level. We are currently working to align with Drive to 55 and to strategically map out concrete and inspiring actionable steps toward our bold goals. I look forward to sharing these with you as you have opportunity. Thanks again, Candice Candice McQueen, Commissioner Tennessee Department of Education 9th Floor, Andrew Johnson Tower 710 James Robertson Parkway Nashville, TN 37243 Ashleigh H. Roberts From: Mark Cate Sent: Tuesday, October 21, 2014 11:56 AM To: Lindsay Bales Subject: RE: Redeeming America"s Promise: Higher Ed Funding Send to scheduling and they can bring it up with him. Thanks. From: Lindsay Bales Sent: Tuesday, October 21, 2014 9:32 AM To: Mark Cate Subject: RE: Redeeming America"s Promise: Higher Ed Funding -- This is confirmed for Thursday, November 6th, 1:30?2:00pm. I noticed the Governor mentioned possibly stopping by the meeting if he is here. Would you like for me to send this to scheduling or would you rather talk to him about it? From: Mark Cate Sent: Wednesday, October 15, 2014 9:21 PM To: 'brian.carl.newman@gmail.com' Cc: Lindsay Bales Subject: FW: Redeeming America"s Promise: Higher Ed Funding Harris: I'm copying Lindsay Bales on this message so she can look at the calendars of Mike Kra use (the Executive Director of the Governor?s Drive to 55 and Tennessee Promise) and Will Cromer (Director of Policy and Research). We?ll check on the dates you?ve suggested and get back to you asap. Thanks. MC From: Harris Miller Date: Wednesday, October 15, 2014 at 9:02 PM To: Mark Cate Cc: Bill Haslam biilhaslam.com>, Brian Newman Subject: Re: Redeeming America"s Promise: Higher Ed Funding Mark: Thanks for responding so quickly. My colleague Brian Newman and i, both from the DC area, are the ones planning to visit you and your colleagues. We greatly appreciate this opportunity. We are looking at two possible dates, hoping one might work with your schedule. Either Thursday, November 6 or Thursday, November 13. A fallback would be Friday, November 7. 'We would arrive in Nashville mid to late morning, meet with you and your colleagues at a convenient time, take anyone to is available, and then return to DC later in the day. And, we hope, get a chance to hello to the Governor, if his schedule permits. Do any of those dates work for you? if so, what timeof day is best? There are DC to Music City flights that arrive around 9 AM and around 11 AM, and we could get either, depending on what time you prefer to meet. 16 We look forward to meeting you in person. Harris On Oct 14, 2014, at 9:32 PM, Mark Cate wrote: Harris: We would be happy to host you in Tennessee. Feel free to email me at mark.cate@tn.gov and we can loop in the right folks to get something schedule. Look forward to meeting you. MC From: Harris Miller Date: Tuesday, October 14, 2014 at 11:11 AM To: Bill Haslam mbillhaslam?0m> Cc: Bobbie Kilberg Mark Cate Subject: Re: Redeeming America"s Promise: Higher Ed Funding Governor: Thank you. We will follow up with Mark. You are our hero (notwithstanding the fact that several of us are Democrats). You are the only Governor who has not only realized that the higher education funding model needs radical change, but has actually done something vigorous and meaningful about it. Your speaking out more about what you have done may lead many other states to do the same. When the history of higher education funding reform is written, you will be at the top of the Founding Fathers list. Bobbie: Thanks so much for making the introduction to the Governor. Harris On Oct 14,2014, at 12:04 PM, Bill Haslam whillhaslamcon? wrote: Thanks Bobbie, great to hear from you. I would be glad to have our higher ed policy folks sit down with them to discuss some of the things we have been doing in Tennessee. Hopefully it would be at a time that I canstick my head in for part of the meeting. If you can have them contact Mark Cate, he will follow up to get it set up. Thanks Bobbie. On Oct 13, 2014, at 2:53 PM, "Bobbie Kilberg". wrote: 17 Bill: I would like to introduce you to my longstanding friend Harris Miller who is the C0- founder of a nationwide nonprofit organization called Redeeming America's Promise (RAP) that released in June a bipartisan proposal to fundamentally change higher education funding. The organization's most public faces are two former Governors you may know, Jim Blancth of Michigan and Mike Castle of Delaware, Harris and his colleagues would appreciate the opportunity to come to Nashville to meet with you and/or your policy advisers to discuss how to promote across the country the changes you have brought about in Tennessee. Harris has told me that you are RAP's hero, the public leader who has both diagnosed and, more importantly, produced a meaningful response to the broken higher education funding system. The cornerstone of RAP's plan is the establishment of an American Promise Scholarship (APS) program that would provide every academically qualified student from a middle or lower income family enough money to pay for tuition at either a two or four year public college. RAP would also separate, as you have proposed, remedial education from a college education. RAP evolved from discussions among a group of former elected officials and policy experts who were willing to volunteer their time and expertise to produce a solution to the higher education funding crisis, Its plan, which can be viewed at gromiseorg, is mainly federally focused but RAP is ently looking to advance state-based strategies and is very 7" Grated EEoTrt what ishappenifi i'nTenfiesseE flirougli ya}? Eidershipmgfilafl dofi'differ in certain specifics from your Tennessee Promise but the underlying analysis and prescriptions are the same. Please let me know if a meeting with RAP would be possible with you and/or your higher education advisers, and, if so, whom Harris should Contact to arrange it Thanks Bobbie Bobbie Kilherg President CEO North-m Virginia Yuchunlozy Coundl on Rock Hill Ransom mo Herndon, VA 2mm masasisa (at t--cni Wm Ashleigh H. Roberts From: Sent: To: Subject: 1 Bill Haslam billhaslam.com> Thursday, April 02, 2015 9:32 AM Mark Cate Fwd: Follow?up to Revenue request This is an EXTERNAL email. Please exercise caution. DO-NOT open attachments or click links from unknown senders or unexpected email. - Begin fonrvarded message: From: Mark Norris Date: April 2, 2015 at 9:23:14 To: Bill Haslam Subject: Fwd: Follow-up to Revenue request FYI Mark Norris, Sr. Greenlevel Farm 853 South Collierville~Ar ington Rd. Coliierville, Tennessee 38017 Sent from my iPhone Begin forwarded message: From: "Brown, Jim? Date: April 2, 2015 at 8:45:34 AM CDT To: "Richard Roberts Cc: "Barbara Sampson "David Gerregano "Mark Cate" "Daniel Culbreath "Mark Norris" "Alvey, Liz Subject: FW: who is organizing the guest list for Israel trip? Jam 0. MOGW Perm BELL HW From: Kim Kaegi Sent: Saturday, June 13, 2015 2:08 PM To: Janet McGaha Subject: who is organizing the guest list for Israel trip? - Michael Lebovitz is interested in going. Kim Kaegi 1015 Stonebridge Park Drive Franklin, TN 37069 615-351-7129 11:3 Exchange Rev w2 From: Jana McGaha Sent: Tuesday, Decem 2014 1:15 PM To: Larry Manin Subject: Fwd: Per Ray's Request Follow Up Flag: Follow up Flag smus: Compreted This is an EXTERNAL email. Please exercise caukion. DO NOT open attachments or Click links from unknown senders or unexpected email - OIRSeDurily. FYI Sent from my iPhcne Begin forwarded message: From: Mike Craig Date: November 16, 2014 at 1113 :21 AM EST To: Janet McGaha Cc: Ray Hand (Ra an ea ledislvibulin .com> Subject: RE: Per Ray's Requesk Na problem at an. Thanks for vour help Janet. PIMSE N015 MV NEW EMAIL ADDRESS EELOW Mike Craig MikeLraIngag'edism I gcom (865) 337-5354 office -- ceu EAGLE DISTRIBUTING m: email and any we; with It are wnndanIiaI and mended mer In: In use onhe a! :nmy Io Ihev ave :ddresxed. "you hang magma Ims :mall In evruv please nolliv the syslem managar. plus: me am anvam or aplnlonx pmsemed In an; man are sakly muse nl [he mum and do noI nmsuyuy Mpmxam mm In; Finally, {ha mIpIenI should mm my email and any auzchmems far In: pr:mel oI vlvuses. me no llahlUtv lor Iny damage unsed by any by eman. Kaye Dismbutlng Company, 310 Radium Place, Knoxville, 31917 Messag From: Janet McGaha ma to llhaslzm um Sent: Wednesday, November 16, 2014 11:35 AM To: Mike Craig Ray Hand Subject: Re: Per Ray's Request Mike, Just wanted to let you know I'm working on this but it might be Monday before i hear anything. [will keep you posted. Happy Thanksgiving. Janet Sent from my iPhone On Nov 26, 2014, at 10:20 AM, "Mike Craig" wrote: >Janet, Ray asked me to forward to you our latest correspondence with Mark Diageo. Attached are two letters; one that I received Diageu an the zeth and my reply to him today. Please feel free to call me ifyou have any questions. Thanks and I hope you have a very Happy Thanksgiving. PLEASE NOTE MY NEW EMAIL ADDRESS BELOW Mike Craig am> (355) 337-5354 office -- cell This email and any files transmitted with it are confidential and intended solely forthe use of the individual or entity to which they are addressed. if you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this emaii and any attachments for the presence of viruses. The company accepts no liability lor any damage caused by any virus transmitted by this email. Eagle Distributing Company, 310 Radfard Place, Knoxville, TN 37917 (Diageo Letter dated November 20, 2014,pdf> Ashleigh H. Roberts From: Mark Cate Sent: Saturday, October 04, 2014 9:28 PM To: Womack, Todd (Corker) Subject: Re: Do you have a personal email? Yes. No problem. Sent from my iPhone On Oct 4, 2014, at 7:30 PM, "Womack, Todd (Corker)" wrote: Ok if I share it with the guy we talked about at lunch? Original Message From: Mark Cate Sent: Saturday, October 04, 2014 08:29 PM To: Womack, Todd (Corker) Subject: Re: Do you have a personal email? Just use mark@billhaslam.com Sent from my iPhone Oct 4, 2014, at 6:03 PM, "Womack, Todd (Corker)" wrote: Ashleigh H. Roberts From: Sent: To: Subject: mark@biilhaslam.com Mark Cate Monday, August 04, 2014 11:01 AM tds.net' RE: Email? From: tds.net Sent: Monday, August 04, 2014 10:54 AM To: Mark Cate Subject: Email? Do you have a private email? like to send you some data from Wilson. Susan 10 Ashleigh H. Roberts From: Mark Cate Sent: Tuesday, September 23, 2014 7:48 PM To: Adrian R. Davis Subject: RE: Christmas Event Adrian: Sounds great. Please do keep me in the loop and use my mark@billhaslam.com email address. I?m keeping my out for some open time with the Gov. He?s been on the road 80% of the time the last three months. lViC From: Adrian R. Davis Sent: Tuesday, September 23, 2014 11:25 AM To: Mark Cate Subject: Christmas Event Good Morning Mark, 1 hope you are doing as well as i am. i am excited about the full Throttle preparation for the 2"d annual Christmas event that I get to put on. I was wondering if you wanted me to send information to this email or if you have another one about the event, sponsor, etc. Just let me know and I wili send it to you. The energy seems to be building and i am getting a great deal?of positivity for volunteers and people who say they will pour into the event (even monetarily) . i always Want to keep you in the loop of anything that could be good in the area that I see or ama part of. Also, I just wanted to remind you about an informal meeting with you and the Governor. Okay, have a wonderful day and I look to hear from you soon. Am? g. 2. 0m Learning Facilitator 1 Eepara?mens of Human Resources, SL5 Division 26 Ashleigh H. Roberts From: Sent To: Subject: Sent from my iPhone Begin forwarded message: From: Leslie Date: May 6, 2015 at 6: Mark Cate Thursday, May 07, 2015 2:15 PM Mark Cate Fwd: Legislative Information release. re: Health Insurance 14:22 PM CDT To: Mark Cate Will Cromer Alexia Poe Sugject: Legislative Information release re: Health Insurance I have received two inquiries from members so far this evening. I have sent the below to the team. Let me know what else, Leslie From: Connie Ridley Date: May 6, 2015 at 4:03:48 PM CDT To: Senate Members House Members Subject: RELEASE OF Members, I . HEALTH INSURANCE BENEFIT INFORMATION write to inform you that the Office of Benefits Administration, a division of the Department of Finance and Administration, is releasing further detailed information to the media regarding member health insurance benefits. This is once again a dramatic and unprecedented departure from policy. As you may remember, I wrote to you in February to inform you that Benefits Administration was departing from their policy to release only the number of legislators and staff on the state health plan. Today, Benefits Administration is going further. They are releasing, both to the Tennessean and the Associated Press, not only the names of legislators on the plan but what type of plan they have, as well as the full cost. The Office of Legislative Administration views this as a blatant violation of member privacy. It is the long standing policy of the Office of Legislative Administration to release only the number of legislators and staff on the state insurance plan. The Health Insurance Portability and Accountability Act (HIPPA) precludes releasing names or "any other personally identifying information" as such information is protected health information. It is the opinion of this office that release of personally identifiable enrollment information would be in violation of federal HIPPA privacy protections. I would like to emphasize that decision was made in the executive branch at the direction of Benefits Administration Executive Director Laurie Lee. The Office of Legislative Administration did not approve of this release nor did we authorize it. Our policy of releasing only the number of legislators and staff goes back decades. This policy was also the policy of Benefits Administration until the concluding moments of this February's special session on Insure Tennessee. The policy change was made in consultation with Finance Administration General Counsel Martha Nichols. The General Assembly's Office of Legal Services was not consulted. You will likely see media coverage regarding the release of this information over the coming days. I wanted you to be fully aware of what information was being released and from where the information was coming. Following my signature you will find a detailed list of what information will be provided to the media by Benefits Administration. If you have any questions regarding this subject or any other please do not hesitate to call my office. Sincerely, Connie Ridley Information scheduled for release to the media by Benefits Administration 1. Records showing which members of the Tennessee State Senate and the Tennessee House of Representatives are enrolled in any health insurance provided to state lawmakers, and how long they have been enrolled in that insurance. 2. Records showing which members of the Tennessee State Senate and the Tennessee House of Representatives are enrolled as an individual or in a family health insurance plan. 3. Records showing the total cost and cost per year the state paid for all members of the Tennessee State Senate and the Tennessee House of Representatives through their public health insurance plans. 4. Records showing the total amount and a year?by?year amount for how much money all members of the Tennessee State Senate and the Tennessee House of Representatives contributed to their public health insurance 4 plans. Ashleigh H. Roberts 1 From: Mark Cate Sent: Wednesday, September 17, 2014 4:30 PM To: Mark Cate Subject: Fwd: Standards and Assessment Potential Dialogue Attachments: Dialoguedocx; ATT00001.htm This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email DIR?Security. Sent from my iPhone Begin forwarded message: From: Will Cromer Date: September 17, 2014 at 4:14:39 PM CDT To: Mark Cate . . Subject: Fwd: Standards and Assessment Potential Dialogue Sent from my iPhone Begin forwarded message: From: David Mansouri Date: September 17, 2014 at 3:27:41 PM CDT To: Will Cromer Cc: Jamie Woodson Subject: Standards and Assessment Potential Dialogue Tennessee?s Education Summit September 18, 2014 Discussion/Q&A on Standards and Assessments Fielding Rolston I remember when we were faced with the harsh reality that our standards were too As a state board we were We knew we had to do us to the Tennessee Diploma Project and then to today?s higher standards through Common Core The state board believes the standards we have today are higher than we have ever had in the However i would love to ask the higher education leaders in the the standards we are using in classrooms better preparing students for college-level and postsecondary coursework? Senator Johnson There has been some discussion about the amount of testing in Tennessee. How much testing is required at the state level? How much at the local level? Representative Pitts I hear from a lot of teachers that they think the standards that Tennessee are now usingare good standards, that they are helping students learn at a higher level. Obviously there has been a lot of discussion and dialogue about standards. Are Tennessee?s teachers prepared to teach these new standards? How important is it to continue professional development for teachers on these standards? Joelle Phillips As a business leader in Tennessee, I just want to mention that one of the key things we look for in choosing where to grow jobs is to states that have high expectations for students. Tennessee has raised standards. We want the highest academic expectations for students. But we are concerned when we hear political conversations about changing academic standards in a way that is at lodds with what is best for students. How do we make sure that we communicate with teachers and parents that we aren't going to back down as a state, but only that we are going to keep improving and adding to our academic standards in a way that continues to raise the bar? Jamie Woodson Tennessee is going through an RFP process now to select a new assessment that will replace TCAP. I really believe this is an opportunity an opportunity to select the kind of assessment that Dr. McQueen mentioned that truly measures student learning in a deeper and more meaningful way. i would love to ask the district leaders in the room [to Hopson or Fraiser] what are 2-3 things that you hope will be present in that new assessment? What do you NOT want to see in a new assessment? Tennessee?s Education Summit September 18, 2014 Margaret Dolan Based on what we have heard today, it seems like selecting a new assessment that is aligned with Tennessee?s higher academic standards is absolutely critical. I would just add that i believe it is critical that we move forward with whatever assessment is chosen through this RFP. We know our teachers are asking for a more authentic and fairer measure of student learning. I would also love to ask the educators - both higher education and otherwise specifically, if we were to add anything to our current standards, what would be a specific thing in the standards that would make sense to add that would benefit students? Where in the standards we have currently would an adjustment make sense? Ashleigh H. Roberts From: Mark Cate Sent: Wednesday, September 17, 2014 4:29 PM To: Mark Cate Subject: Fwd: Standards and Assessment Potential Dialogue Sent ?om my iPhone Begin forwarded message: From: Will Cromer Date: September 17, 2014 at 4:19:03 PM CDT To: David Mansouri Cc: Will Cromer Jamie Woodson Mark Cate Subject: Re: Standards and Assessment Potential Dialogue Thanks, David. I've forwarded to Mark as well. He's going to make suggestions about who calls Whom. We think the two legislators should be contacted by their speakers? of?ces, and we can facilitate that. Sent from my iPhone wrote: On Sep 17, 2014, at 3:27 PM, "David Mansouri" 27 ?Law I Date Amendment No. 77 Time Clerk 169mm. Amdti, AMEND Se?ate' Btu Names Hausa?ill?mo.? 1035*- by adding the- fdll?owi?g ianguage- smmedifatefy lelowi-?hg the caption of the bili?ras?amended} WHEREAS, of edhcationshaugimpiement a pm?cess where?by-thesat a? standards known as common Core? State Sta'??da'r?ds' adopted in 2010 Will bevreViere?d {and shaft be replaced new gar; Of Tennessee sta??dar-?ds a?do?ted td'me'Et Tame-me Stadents; and. beadapt?ed?through an open", transparent process that af?rms and WHEREAS. shall: be? 3919.0de ad'dafuilvimnlammed i Tennessee at. Which-fime'mezset ef'StarJdards fher'exfore'i 0:06:13 - 0301296727 FILED Bate Amendment No. . Time .7 men: Signature bf Spansor AMEND Senate 3ij No. 1153 House Bill by adding. the mummy? language: as: airnew subse?zion? i? the: mandatory "of SECTION 1 of them: I .) (1.) All made pursuant to this-section fori?the standards review and team?s; ahd?the standards recommendation committee sh?H-be subj?ctgtomn?rm??qn by the ,gerier'a?l j?ssembly duririg regular ses'?brt. An a?pp??lri?tments- to~thestandard$review the: advisory 't?a'ams; recommendation committee shall .beyalfdoniy-unti?! c9 n?rmed?" by. the. g??er?a?l?a?sembw; (2-) 'lf-?a vacancy occurs for-the atan?ards TreyieW?and devefopmerft"chmitt?3?. the ad?s'o'ry?vt?ams; or tha standards recommendatian gommitte??at' Mime When the shallxbey?uedby the person designatedta make the oti?gi?ai ap?ppi?tme?t?ahd: the (A) ff- 3 yacanqy occurs at aa?time when the 'g?n?ral assembly? is; ngt?'in thje' vaggh?ey f'?hal'l ?lted- by-the person desii'gnafed. it}. make the-,prgiginaf apain?tmerit. the ??h?binteesha? serve my until?fhe next sessidn of'fhe: genera! when'fh?g?herat ass-:em-Ijiy ?h?g?gij Con?rm-mi Such- ?app?inte?es as if the appointments unnamed whenth?e. gen?efai WS'Sfi??i?e'sSitjh. ?amithstan?diw sab?wis'ion if a: vagath ?eacufSMieh .f?e?wfer gays in the genera ?assembly?s ?gmar?ses?s?zon, thema?l'l be; subj??t the generai ll um 1mm Ilimmn ulsl?ilunmullMW}! 0550921 328' II a?ssembw?s nexi regmar se's?sibn; Nothihgih this subdivision (3X8) sha? prohibit the igetieral .as'se?mb?y' from; suspendith any. Mes necessary to .ccn?rm appg'intmems made. With fewer mag-?ve (5) days remaihirig in se?ssibn~. A per-sen appointed. to vacancy shall serve Only for the remainder of the unexpired termuf the: ?lls. $0056.87?? FILED I I Date Amendment No. I . Time :?Clerk .Qomm. Amdt._ .. Signh?tu re :of?S?po?sor AMEND :S'eriate Bill Nb. 116-3 House Bin No?, 1035* by inserting theif?llowihg, new sec-fien- immediately preceding the. last section and renumbering the Sub-Sentient sectionaecbfdi?gly: SECTION In new-sets of state standards designed. ta fit the n?eedsnf' ejaiCh' commii?eez?n'd advisory team neither "the chm-man, 8916811319 Stanidar'dss; nor its subsidiaries or: af?iiatesf shall be used in; anymy in writing Etna new skandards, Ail new standards fer be created, exclusively designed, and written Tennessee stu?iefzts?. 51 05 1 80 II II. Ashleigh H. Roberts From: Lindsay Bales Sent: Wednesday, October 29, 2014 4:42 PM To: Mark Cate Subject: RE: Introduction This call with Jonah Edelman and Pam Welch of STAND is cancelled for tomorrow. They needed to reschedule. l?ll keep you posted with where it lands. From: Lindsay Bales Sent: Thursday, October 16, 2014 2:35 PM To: Mark Cate Subject: RE: Introduction This call is confirmed for Thursday, October 30th, 4:00-4:30pm. From: Mark Cate Sent: Wednesday, October 15, 2014 2:28 PM To: 'Lindsey Sewell? Cc: Lindsay Bales Subject: RE: Introduction Lindsey meet Lindsay. 63 Thank you! From: Lindsey Sewell Sent: Wednesday, October 15, 2014 2:17 PM To: Mark Cate Subject: FW: Introduction From: Lindsey Sewell Sent: Wednesday, October 15, 2014 12:16 PM To: mark@billhaslam.com Subject: RE: Introduction Hi Mark, Feel free to pass me along to your scheduler, if you have one. Pam and jonah are available to chat at the following times; please let me know what works best for you. 10/21 45 CT 10/30 45 CT 10/31 3-5 CT Thank you! Lindsey 12 From onah Edelman Sent: Tuesday, October 14, 2014 9:43 PM To: maerbillhaslamxom Cc: Pam Welch; Lindsey Sewell Sublect: RE: Introduction Thank you. Jamie! Mark in addition in Jamie's well deserved praise, 1 have heard compliments from many quarters about your leadership and commitment Looking forward to connecting. Knowing how incredibly busy you are. i am copying Lindsey Sewel] to work with your office to find a time for us to talk. Stands COO Pam Welcli looks forward to participating as well. Best to you. Jonah PS Please use 'edelmaantand.org to contact me. My cell is --. From: Mark Cate Date: October 14, 2014 at 3:26:46 PM CDT To: Jamie Woodson Jonah Edelman Subject: Re: Introduction Thanks for the introduction, Jamie. Although there'sjust no way I can possibly live up to what you've said about me. But I, too, am sincerely proud to partner with you in this hairy and incredible rewarding work. Jonah, I've heard many great things about you and very much look forward to connecting with you, This is probably the best email address to use and my office number is 615.741.2001. Hope to talk with you soon. MC On 10/ 14/14, 8:15 PM, "Jamie Woodson" wrote: Mark, It is a pleasure to introduce you (virtually) to Jonah Edelrnan. Jonah is the mind and vision behind STAND for Children National and is keenly interested in supporting Tennessee's bold vision to dramatically improve student achievement. Jonah consistently seeks to understand the landscape and thinks strategically about achieving success. Jonah, Not only is Mark the Governors right hand on all important matters impacting Tennessee, he is deeply engaged in the education agenda and vision. And by deeply engaged, I mean, more engaged than 1 have experienced with a chief Working with four Governors. Better though, he is one of the most decent humans on the planet and I am proud to call him 13 my pantie: in this hairy work. Proud to introduce you two. Pardon my delay in not connecting you sooner. All my best, Jamie Jamie Woodson 6157211545 office -- mobile 14 Ashleigh H. Roberts From: Lindsay Bales Sent: Tuesday, December 02, 2014 3:06 PM To: Mark Cate - Subject: RE: Woodson Connecting Mark and Marc Set on the calendar and all details are confirmed. From: Mark Cate Sent: Tuesday, December 02, 2014 2:51 PM To: 'Sherman Whites? Cc: Lindsay Bales Subject: RE: Woodson Connecting Mark and Marc That should work. I?m copying Lindsay Bales on this message so that she can help with the details. Thanks. MC Mark Cate Chief of Staff My Office of Govenor Bill Haslam First Floor State Capitol Nasvhille, TN 37243 615.741.2001 From: Sherman Whites Sent: Tuesday, December 02, 2014 1:51 PM To: Mark Cate Subject: FW: Woodson Connecting Mark and Marc This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. - Mr. Cate, Good afternoon; can we please hold 3~4pm on December 22"d for a meeting with Marc Sternberg? Please let me know if this time still works for you. Thanks in advance. Regards, Sherman Whites Program Officer i Walton Family Foundation From: Mark Cate Date: December 1, 2014 at 11:09:06 PM EST To: Marc Sternberg Cc: Mark Cate Subject: Re: Woodson Connecting Mark and Marc I could do 11:00 am 1:00 to 2:00 or 3:00. Just tell me what works best for you. Look forward to it. Sent from my iPhone On Dec 1, 2014, at 9:26 PM, "Marc Sternberg" wrote: Mark, coming back to you re 12/22 in Nashville. What times work best that day for us to get together. I arrive around 930am and have a 630 flight home that evening. Have lunch plans but otherwise am pretty flexible. Look forward to getting some time with you. Best, Marc From: Mark Cate [mailtozmark@billhasiam.com1 Sent: Wednesday, November 12, 2014 9:40 PM 0: Marc Sternberg ?Cc: Mark Cate; Jamie woaa?an; vooj?t'fh'?o?g? Subject: Re: Woodson Connecting Mark and Marc Thanks! Sent from my iPhone On Nov 12, 2014, at 8:35 PM, "Marc Sternberg" wrote: Great Yoo Jin. Talk soon Sent from my iPhone On Nov 12, 2014, at 9:28 PM, "Mark Cate" wrote: Yes. December 22 works and will hold the date. I don?t see Yoo Jin on the message. From: Marc Sternberg Date: Wednesday, November 12, 2014 at 8:26 PM To: Mark Cate Cc: Jamie Woodson Subject: Re: Woodson Connecting Mark and Marc Yoo Jin cc?d can help us with a call. Meantime, is Dec 22 workable for some time together in Nashville? Regards, Marc Sent from my iPhone On Nov 12,2014, at 8:26 PM, "Mark Cate" wrote: Marc &Jamie: So sorry for the delayed response to this email it was an especially crazy day unfortunately. Marc, too, have heard many great things about you and very much look forward to meeting you soon. Jamie, as l?m sure you have heard and getting to know firsthand, is one of the true champions for all things students in Tennessee and I have absolute and total trust in her judgement and thoughts. So I would love to meet in December and also talk by phone before then. Is there - fsoemeone mpariLcuLatthatmy stai - .. could work with to help us set up a call? Many thanks. MC From: Marc Sternberg Date: Wednesday, November 12, 2014 at 10:46 AM To: Jamie Woodson Mark Cate Subject: RE: Woodson Connecting Mark and Marc Thanks Jamie. am in fact mourning the loss to Bama. Brutai. Mark, l?m really pleased to be in touch and have heard from Jamie and so many others of your great work on behalf of kids. I?m eager to get time and to get to work. l?m working on dates for Nashville. Looking like middle of December. come back to both of you with possibilities later this week. In the meantime, Mark, how about we get time on the calendar for a call? Best to both of you, Marc From: Jamie Woodson [mailtozwoodsoniamie@gmailcom] Sent: Wednesday, November 12, 2014 11:30 AM To: 'Mark Cate Marc Sternberg Subject: Woodson Connecting Mark and Marc Good morning, Gentlemen! Mark, It is a pleasure to introduce you (virtually) to Marc Sternberg. As you know, Marc is the director of the Walton Family Foundation's K-12 Education Reform Focus Area. Marc and have been getting to know each other - (which-hashee?n a ashe thinks strategicaliy about levers to dramatically improve student outcomes across Tennessee and the country. Marc is in the process of identifying an early December date for a Tennessee visit. I also wanted to expedite connecting the two of you given it is never too early for important people to connect (plus my/our sense of urgency to accelerate a variety of key strategies preceding January). Important item to note, Marc is an LSU fan. Not sure if he is still mourning the Tigers loss to Bama. I know I am. Marc, not only is Mark the Governor's right hand on all important matters impacting Tennessee, he is deeply engaged in our state?s education agenda and vision. And by deeply engaged, I mean, more engaged than I have experienced with a chief working with four Governors. Better though, he is one of the most decent humans on the planet and I am proud to call him .my partner in this hairy work. Proud to introduce you two. Pardon my delay in not connecting you sooner. All my best, Jamie Jamie Wondson Preside": Chief Executive Officcr SCORE 1207 111'h Avenue South, Suke 326 Nashville, TN 37212 mobile 615.727.1545 office Facebuok: JamieRobertsWoodson Twitter: @amicWoodson ex geclmorchhorg win 9 Facehouk: SC ORE-"schoolsiEx achMorc. Acliiechorc Ashle'gh Roberts From: Sent: To: Subjeu: Mark Cate Thursday, September 25, 2014 7:41 AM Mark Cate Fwd: Kentucky modei This is an EXTERNAL email. Please exercise caufian. DO NOT open attachments 0! click links imm unknown senders or unexpected email. - OiR-Securiky'" Sent from my iPhone Begin forwarded message: From: Jamie Woadson gmrg> Date: September 25, 2014 817:36 7 AM CDT To: Mark Catc Cc: Kevin Huffman Subject: Re: Kentucky mode Here is a news story from Holladay's announcement, review/l 4562627/ Here's the lirk to the si'e collecting the comments: Jamie Woodson 615.727.1545 office mobile 011 Sep 25, 2014, at 7:23 AM, "Mark Cate" wrote: Do either of you know where you can go to see what Kentucky did for public comment on the standards? Sent from my iPhonc i3 Ashleigh H. Roberts #7 From: Mark Cate Sent: Monday, March 16, 2015 1:55 PM To: Mark Cate Subject: Fwd: urban dupes meeting Sent from my iPhone Begin forwarded message: From: Drew Kim Date: March 13,2015 at 9:17:33 PM CDT To: Mark Cate Subject: FW: urban dupes meeting That should have read ?urban supes? in the subject line! From: Drew Kim Date: Friday, March 13, 2015 at 9:13 PM To: Mark Cate Subject: urban dupes meeting Mark: Hope all is well. i am on spring break but wanted to send you a message after speaking with Jesse earlier today. Hope these thoughts below can be helpful. Just my opinions that i shared with him and would like to share with you as well. - De?ning message coming after the meeting with the directors from the Governor or you: It?s unfortunate that we somehow le_t the lawyers and lobbyists driva this conversation and aaenda. We were never communicated with until last weekend was appalled that it had gotten this intense without a chance to engage in a civil and constructive dialogue. I think what we are trying to do is get back to a common sense, practical and thoughtful conversation about moving forward on a path that ensures that our children and teachers have the resources they need to demonstrate successful teaching and learning. 0 Kill the 30-day ultimatum/expectation: Glad that the MNPS board thinks we can solve a multi- decades old financial and complex political issue with multiple stakeholders in 30 days. That ain?t gonna happen. And certainly with the threat of lawsuits coming from CLASS, and their lobbyists lacking the courtesy of reaching out for collaborative conversations or even a briefing makes me scratch my head. That is why I wanted our Commissioner of Educaiton, Candice McQueen, to join me and take the lead in working directly, personally with the directors of schools to begin the conversation around how to move forward with collaborative solutions. Aspirational goal/vision of this Governor and Commissioner: We have a BEP Task Force that has been asked to recalibrate and refocus their efforts. I am hopeful that Commissioner McQueen and the urban directors can broaden the conversation and bring the voices of other directors as well. There is an opportunity tofold the larger question of funding to the BEP Task Force thoughtfully and carefully. We will work to find a way to do so. I have always been hopeful that through this work, we could develop a 34 year blueprint on how to rethink the existing formula and to also consider whether more funding would yield more student growth and achievement impact. lust get out of this conversation by moving the target 100 yards clone the field and talk about committing to co? construct a plan that would look multi-year as much as it would be looking for an ultimate solution to a very complex formula with all the moving political pieces and potential winners and losers. - Throw a high and tight one back to the districts and communities two sharp and intertwined messages: - 0 (ll GET YOUR HOUSE IN ORDER: Before any requests for more funding are addressed seriously and thoughtfully, we (policymakers, taxpayers, etc.) want and need to know how the existing dollars flow to the support of teaching and learning. For example, for every dollar, show us where the pennies flow and how you can measure impact via the funding. In other words, screaming for more funding is one thing, making the case that your house is in order and you can demonstrate how new funding would be allocated to move the needle is something very different. Be prepared. (I think these directors will actually respond positively and can use this as cover and leverage with their boards.) 0 (2) LOCAL TAX INCREASES: Related to the first point, if folks aren't careful, you will be pushing for a court-ordered, legislative-driven funding solution at the state level, which if comes to bear will mean an immediate local tax increase to match any new state funding. More state funding will come with a required local if it happens through the courts, which i heavily disagree with, there will be no conversation, awareness and State- Local collaboration around making sure that the local systems are spending taxpayer dollars wisely with the priority on great teaching and learning in a transparent way. If we work together, there is a greater chance that we can make that happen. I think Candice might be the perfect antidote to the dialogue right now. She might have the ability to change the trajectory of this i?d love to see Will and CLASS try to minimize or roll over her. My money is on Candice! Don?t want to be presumptuous, just wanted to send these thoughts to be helpful. Let me know if! can do anything. Thanks! Drew Ashleigh H. Roberts From: Mark Cate Sent: Friday, March 20, 2015 4:21 PM To: Mark Cate Subject: Fwd: Tennessee Option amendment Attachments: 4634.docx; ATT00001.htm; redlinedocx; ATT00002.htm This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email - DIR-Security. Sent ??om my iPhone Begin forwarded message: . From: Mike Bivens Date: March 20, 2015 at 3:05:55 PM CDT To: Mark Cate Subject: Tennessee OptiOn amendment Mark, the latest version of the TN Option amendment and a redline version as well. Thanks, meb Draft - #4634 by deleting all language after the enacting clause and substituting instead the follovVing: SECTION 1. Tennessee Code Annotated, Title 50, is amended by adding the following new chapter: 50-10?101. This chapter shall be known and may be cited as the ?Tennessee Employee Injury Benefit Alternative.? 50-10-102. As used in this chapter: (1) ?Bene?t plan? means a plan established by a qualified employer under the requirements of 50?1 0-108; (2) I?Commissioner? means the commissioner of commerce and insurance or the commissioner?s designee; (3) ?Covered employee? means an employee whose employment with a qualified employer is principally located within this state; (4) ?Department? means the department of commerce and insurance; (5) ?Employee? has the same meaning as defined in 50-6-102; (6) ?Employer?: (A) Means any individual, firm, association, or corporation; the receiver or trustee of the individual, firm, association, or corporation; or the legal representative of a deceased employer, using the services of not less than five (5) persons for pay; and (B) Excludes: A construction services provider as described in 50-6- 902;and (ii) Any employment arrangement set out in 50?6- I i (7) ?Financial statement? means an employer?s financial statements that 1 are audited and prepared according to generally accepted accounting principles, or otherwise signed by a certified public accountant as a complete and accurate representation of the employer?s financial condition, including a balance sheet and income statement; (8) ?Occupational injury? means an injury by accident; a mental injury; occupational disease including diseases ofthe heart, lung, and hypertension; and cumulative trauma conditions including hearing loss, carpal tunnel or any other repetitive motion conditions, which all arise out of and in the course and scope of employment, that causes death, disablement, or the need for medical treatment of the employee; (9) ?Qualified employer? means an employer that has obtained a qualified employer certification; (10) ?Qualified employer certification? or ?certi?cation? means authorization, as evidenced by a written document, from the commissioner to an employer, allowing an employer to be exempt from chapter 6 of this title; and (11) ?Related employers" means two (2) or more legal entities witin a - controlled group of companies, as determined under 26 U.S.C. 414(b) and 50-10-103. Any employer may apply for a qualified employer certification pursuant to this chapter. If an employer has a valid certification issued by the commissioner, the employer is authorized to exempt itself and its employees from chapter 6 of this title and shall no longer be covered by chapter 6 of this title. Any employerthat does not have a qualified employer certification shall comply with chapter 6 of this title. 50-10-104. Any employer may apply for a qualified employer certification by pro?viding the following to the commissioner in the form and manner prescribed 2 by the commissioner: (1) The employer?s name, address, and phone number; (2) The name or title of a representative of the employer who may be contacted regarding this chapter; (3) The number of persons the employer employs in this state as of a specified date determined by the commissioner; (4) The employer?s claim administration contact information; (5) A listing of all covered business locations in this state; (6) The date the employer?s benefit plan becomes effective if the employer receives qualified employer certification; (7) A nonrefundable application fee of five hundred dollars (8) Satisfactory proof, as determined by the commissioner, of the employer's ability to financially secure compensation for its covered employees for occupational injuries as described in 50-10?112; (9) A written benefit plan, as described in 50?10-108; and i (10) A description, or other evidence satisfactory to the commissioner, of the employer?s proposed plan to) comply with 50-10- 110. The commissioner shall review applications submitted pursuant to this section to determine whether the application satisfies the requirements of this chapter as soon as possible. The commissioner shall provide notification to the employer as to whether the employer?s application is approved or rejected not more than thirty (30) calendar days after the date the commissioner receives the information set out in subsection 50-1 0-105. If an employer applies for a qualified employer certification pursuant 3 to this chapter, the certification shall be for all business locations within this state and all employees within the employer?s single legal entity; provided, however, subject to any required approval by the employer?s insurer, one (1) or more legal entities that are related employers may obtain qualified employer certification and be exempt from chapter 6 of this title, while the remaining legal entities among those related employers are covered by the requirements and protections provided in chapter 6 of this title and provide workers? compensation coverage. (1) Related employers may submit an application to obtain a qualified employer certification to the commissioner with a single filing fee for a single certification that will name such related employers as employers who have a qualified employer certification; provided, the application satisfies 50-10-104; and the application contains the following: (A) A listing of all related employers seeking qualified employer certi?cation, including the federal employer identification numbers and all Tennessee business locations for each employer; (B) Insurance and ?nancial information required by the commissioner for all employers; provided, however, financial information may be submitted on a consolidated basis for all related employers seeking one (1) qualified employer certification; and i (C) Satisfactory proof, as determined by the commissioner, that: I The related employers shall be covered by one (1) insurance policy, if a policy is required, and the same 4 benefit plan; and (ii) The same claims administrator shall be used for all employees of such related employers. (2) If related employers adopt separate benefit plans, provide coverage under separate insurance policies, or use different claims administrators, then each employer shall obtain separate qualified employer certification and submit separate applications and ?ling fees to the commissioner. 50-10-1 06. The commissioner shall issue a certification to an employer that has applied for qualified employer certification if all of the requirements of this chapter are satisfied, as determined by the commissioner. The certification is an authorization allowing an employer to exempt itself from chapter 6 of this title. The certification issued by the commissioner pursuant to subsection shall confirm the effectice date of the employer?s benefit plan as described in 50-10-104 and of all financial security required under 50-10-112. The employer shall be exempt from chapter 6 of this title and shall no longer be covered by chapter 6 of this title on the date set out in this subsection Any covered employee of an employer that maintains a qualified employer certification and has elected to be exempt from chapter 6 of this title shall be removed from the Tennessee workers? compensation system and become eligible for the employer?s benefit plan coverage at the time provided in subsection 50-1 0-1 07. Upon request, or as otherwise required by the commissioner, an employer who maintains a qualified employer certification shall submit 5 documentation to af?rm its continued compliance with this chapter. If the employer fails to demonstrate past compliance with this chapter or othenrvise fails to meet the requirements of 50-10?103, the commissioner may provide an opportunity to cure the violation, withdraw a qualified employer certification, or deny the application to renew. If an employer?s certification is withdrawn or an application to renew is denied by the commission for noncompliance with this chapter, the commissioner shall provide the employer a reasonable time after the withdrawal or denial to secure workers? compensation insurance coverage. An employer may annually elect to renew its status as a qualified employer in the manner prescribed by the commissioner. The employer shall pay a five hundred dollar ($500) annual renewal fee. An employer who maintains a qualified employer certification shall notify the commissioner of any material change in information required to be submitted to the commissioner under this chapter within fourteen (14) business days after the change. An employer may withdraw its exemption as of any date upon notice to the commissioner in the manner prescribed by the commissioner. 50-10-108. (3) Prior to an employer who maintains a qualified employer certification becoming exempt from chapter 6 of this title, the employer shall adopt a written benefit plan approved by the commissioner that complies with this section. The benefit plan shall provide for payment of benefits as follows: (1) Medical expense coverage for at least one hundred fifty?six (156) weeks and five hundred thousand dollars ($500,000) per employee; (2) Temporary total disability benefits beginning on the fourth day of disability, of at least seventy percent of the employee?s average 6 weekly wages up to one hundred ten percent (110%) of the state average weekly wage, for at least one hundred fifty-six (156) weeks; (3) Permanent partial disability benefits of at least seventy percent of the employee?s average weekly wages up to one hundred ten percent (110%) of the state average weekly wage, based on criteria established by the American Medical Association?s ?Guides to the Evaluation of Permanent Impairment? in effect at the time of the impairment rating, and subject to a whole body maximum of four? hundred and fifty (450)Iweeks; provided, however, that permanent partial disability benefits need not be paid unless the employee agrees in a form acceptable to the employer to Waive the cause of action described in provided, however, in order for a waiver pursuant to this subdivision to be effective, the waiver must comply with 50?10- 114 (4) Permanent total disability benefits of at least seventy percent of the employee?s average weekly wages up to One hundred ten percent (110%) of the state average weekly wage, until the later of the. employee, by age, becoming eligible for full benefits in the Old Age Insurance Benefit Program under the Social Security Act, (42 U.S.C. 401 et seq.), or two hundred and sixty (260) weeks; provided, that permanent total disability bene?ts need not be paid unless the employee . agrees in a form acceptable to the employer to waive the cause of action described in 50?10-113; provided, in order for a waiver pursuant to this subdivision to be effective, the waiver must comply with 50?10- 114;and (5) Death benefits in at least an amount equal to the lesser of 7 three (3) times the employee?s average annualized wages, or three hundred thousand dollars ($300,000) per employee; provided, if the employee leaves no surviving spouse or dependents, then a death benefit may be reduced to not less than twenty thousand dollars and provided, further that: (A) A death benefit amount may be reduced by the amount of any other disability benefits payable with respect to the employee; (B) A death bene?t may be paid in a lump sum or installments over a period up to three (3) years; (C) Death benefits 'shall include a funeral benefit of at least seven thousand five hundred dollars ($7,500) for burial expenses, regardless of the reductions made in subdivision and (D) A death bene?t need not be paid unless the employee?s personal representative, dependents, or next of kin agrees in a form acceptable to the employer to waive the cause of action described inl? provided, in order for a waiver pursuant to this subdivision to be effective, the waiver shall comply with 50-10-114. (0) All benefit determinations shall be made under provisions of the employer?s benefit plan and shall not be governed by chapter 6 of this title. The benefit plan may have a combined single limit for all benefits payable due to an occupational injury; provided, that the combined limit is at least one million dollars ($1,000,000) per employee, and there is no limit per occurrence. Nothing in this section shall prohibit or limit a qualified employer from providing occupational injury benefits that are greater than the benefits set out in this section. Except as otherwise provided in this chapter, payment of benefits to or on behalf of an employee shall not limit the right of the employee or the employee?s personal representative, dependents, or next of kin to recover under a cause of action for employer negligence. I The benefit plan may specify, and insurance carriers shall be permitted to compete on the basis of, conditions and limitations on benefits that are not inconsistent with the requirements of this section. (1) The benefit plan required by this section may provide for lump-sum payouts in full and final satisfaction of all benefit obligations that are actuarially equivalent to expected future payments as reasonably determined by the claims administrator appointed by the qualified employer. The benefit plan may also provide for settlement agreements between a covered employee and qualified employer that pay more or less than an amount actuarially equivalent to expected future payments; provided, any settlement agreement by or with respect to a covered employee shall comply with 50-10-114. (2) Any waiver of rights shall be stated conspicuously on the face i of any settlement agreement. The benefit plan shall pay benefits on a no-fault basis, without regard to whether the covered employee, the qualified employer, or a third party caused the occupational injury; provided, the benefit plan may deny benefits for other reasons including the following: (1) If the occupational injury was an intentional self-inflicted injury caused by the employee; or (2) Any occupational injury sustained while the employee was in a state of intoxication or under the influence of drugs. No employer shall charge a fee or cost to the employee to cover the employee by the qualified employer?s benefit plan; provided, normal payroll deductions from disability benefit payments shall not violate this subsection 0). The benefit plan shall provide eligibility to participate and provide the same forms and levels of benefits to all covered employees of the qualified employer. (I) For purposes of state and federal taxation, all benefit plan payments made under this chapter are made pursuant to a statute in the nature of a workers? compensation law and like benefit payments pursuant to chapter 6 of this title. 50-10-109. The commissioner shall maintain a list on the department?s web site' of the status of qualified employer certification for employers in this state. The list shall include the following information: (1) A list of all employers that have obtained a qualified employer certification and the effective date of the employer?s benefit plan; and (2) Information set out in and (4) for all qualified employers. Any information maintained by the commissioner pursuant to this chapter that is not set out in subsection is confidential and not subject to disclosure pursuant to title 10, chapter 7. 50-10-110. 10 A qualified employer shall notify each of its covered employees that the employer is a qualified employer and does not provide workers? compensation coverage pursuant to chapter 6 of this title. The notice required by this?section shall be provided in paper or electronic form prior to the employer becoming a qualified employer and at the time an employee is hired if the employee is hired after the employer becomes a qualified employer. The qualified employer shall also post the employee notification required by this section at conspicuous locations within the qualified employer?s places of business, as reasonably necessary to provide notice to all employees. (0) The notice shall include the name, title, address, and telephone number for the person to contact for injury benefit claims administration, and state: I Your employer is a Qualified Employer under the Tennessee Employee Injury Benefit Alternative as of [effective date]. Your employer does not carry workers? compensation insurance coverage under the Tennessee Workers? Compensation Law. If injured on the job, your benefits are governed by a written benefit plan sponsored by your employer. Contact your employer if you have questions about your bene?ts, rights, or responsibilities under the benefit plan. 50-10-111. A qualified employer?s benefit plan established in compliance with this chapter: (1) is not maintained solely to comply with the Workers? Compensation Law, compiled in chapter 6 of this title; (2) Is an employee welfare benefit plan that is subject to all applicable reporting and disclosure, fiduciary responsibility, claims administration, 11 enforcement, and other applicable provisions of the Employee Retirement Income Security Act of 1974, (ERISA) (29 U.S.C. 1021?11910), as amended; and (3) Provides excepted benefits within the meaning of 29 U.S.C. 1191b(c). 50-10-112. Except as otherwise provided in subsections and an employer electing to be a qualified employer under this chapter shall demonstrate financial ability to pay claims by complying with the requirements in 50?6-405 unless otherwise provided in this section. A qualified employer may self?fund, insure, or partially self-fund and partially insure the bene?ts and liabilities under this chapter with any insurance carrier authorized to do business in this state. insurance coverage obtained by a qualified employer shall be from an admitted insurer with an AM Best Rating of A- or better. Insurance coverage maintained pursuant to this subsection pertains to covered employees only. Employers with employees principally working in states other than this state shall arrange separate insurance coverage in compliance with the other states? laws. Any security held for purposes of compliance with this section and 50-6-405 shall serve to guarantee the payment of claims under chapter 6 of this title, and this chapter. An employer that insures or obtains coverage to reimburse the employer for payments under the employer?s benefit plan with an insurance policy that has a self-insured retention (SIR) no higher than twenty-five thousand dollars ($25,000) per occurrence shall be deemed to have fully insured the employer?s compensation obligation under and shall not be 12 required to post any security deposit with or provide any financial data to the commissioner. (1) An employer that insures or obtains coverage to reimburse the employer for payments made under the employer?s benefit plan with an insurance policy that has an SIR above twenty?five thousand dollars ($25,000) but no more than five hundred thousand dollars ($500,000) per occurrence may seek qualification under this financial security safe harbor if the employer certifies, on the qualified employer application under penalty of perjury, that the employer has: (A) A commissioneruapproved and licensed claims servicing company or in?house adjuster approved by the employer?s insurance carrier, if any; (B) A workplace safety program; (C) A record of being continuously engaged in business in this state for at least five (5) years with no change in majority control within the prior two (2) years; (D) An average payroll of at least one million dollars ($1,000,000) in each of the preceding three (3) years; (E) ShareholderS? equity of not less than five hundred thousand dollars and (F) No fewer than one hundred (100) employees. (2) (A) The financial security safe harbor established pursuant to this subsection requires submission of financial statements and is based on the greatest of: 13 Five percent of net worth; (ii) One-and?three-quarters (1.75) times working capital; or One-and-three?quarters (1.75) times the loss projection for the coming year, based on an adjusted three?year average of loss experience, determined by taking the insured?s three-year average incurred losses, valued within ninety (90) business days prior to the qualified employer application, and adjusting by limiting losses to the proposed SIR, then indexing the average loss amount for any change in projected payroll from the past three (3) years to the coming year, computed by using total estimated payroll for the coming policy term divided by total actual payroll for the three (3) years of loss experience. This value is adopted as the approved SIR. (B) Notwithstanding 50-6-405, employers insuring at or below the approved SIR may qualify without posting any security for financial obligations under this chapter. Based upon this financial exposure, employers may insure at a higher by posting an amount of security such that the insured SIR less posted security is equal to or below the approved SIR. The commissioner has final authority to determine if an employer shall post security, regardless of Whether or not the employer meets the requirements of this section. The commissioner may also waive the requirements of this section in an amount that is commensurate with the ability of the employer to pay the benefits required by this chapter or as the commissioner otherwise deems is 14 necessary to protect the public. An employer that does not fulfill the requirements of this section shall not be relieved of the obligation for compensation to a covered employee. 50-10-113. An employee who is covered by a qualified employer?s benefit plan or the employee?s personal representative, dependents, or next of kin may bring a cause of action for employer negligence to recover damages for personal injuries or death sustained by an employee in the course and scope of the employment. In the action, the employee shall be required to prove negligence of the employer or of an agent or servant of the employer acting within the general scope of the agent or servant?s employment. (1) When final judgment is rendered against a qualified employer on a cause of action brought pursuant to subsection the civil liability of the employer, inclusive of all persons and entities for which vicarious liability may apply, and. regardless of the number of defendants against whom the claim is asserted or the number of separate causes of action on which the claim is based, shall be limited to: (A) Economic damages in an amount not to exceed one million dollars ($1,000,000) per employee; (B) Noneconomic damages as determined under 29-39- 102;and I (C) Punitive damages as determined under 29-39-104. (2) The total amount of all benefits paid under a quaiified employer?s benefit plan shall offset any damages recoverable pursuant to subdivision against such qualified employer. The total amount of all 15 damages recoverable pursuant to subdivision shall not exceed five million dollars ($5,000,000) per occurrence. (0) in an action brought pursuant to subsection it is not a defense that the injury or death was caused by the negligence of another employee. The employer may defend the action on any other ground available under state or federal law. All actions brought pursuant to this section shall proceed through the appropriate state courts, and mediation, arbitration, or any other form of alternative dispute resolution or settlement process available at common law shall be available to such actions; provided, however, benefit claims brought pursuant to an employer?s benefit plan shall be resolved through the procedures . set forth in or othenrvise applicable to the benefit plan. An insurance agent or broker who sells an employer a benefit plan shall not be subject to an independent cause of action for the sale. 50-10?1 14. A cause of action described in 50?10-1 13 shall not be waived by an employee before the employee?s injury or death. Any agreement by an employee to waive a cause of action or any right described in that section before the employee?s injury or death is void and unenforceable. (1) A cause of action described in 50-10-113 may be waived by an employee or the employee?s personal representative, dependents, or next of kin after the employee?s injury if: (A) The person voluntarily enters into the waiver with knowledge of the waiver?s effect; (B) The waiver is entered into no earlier than the tenth 16 business day after the date of the initial report of injury; (C) The employee, before signing the waiver, has received a medical evaluation from a nonemergency care doctor; and (D) The waiver is in a writing in which the true intent of the parties is specifically stated in the document. (2) A waiver pursuant to this subsection shall be conspicuous and appear on the face of the agreement. In order to be conspicuous, the waiver provisions shall appear in a type larger than the type contained in the body of the agreement or in contrasting colors. 50-10-115. The department of commerce and insurance shall report to the senate commerce and labor committee and the house of representatives consumer and human resources committee no later than February 1, 2017, and annually thereafter, on the effectiveness of this chapter. . 50-1 0-1 16. In the event that the insurer of injury benefit obligations for a qualified employer is a member of the Tennessee Insurance Guaranty Association, and is determined by a court of competent jurisdiction to be an insolvent insurer pursuant to title 56, chapter 12, part 1, and a final order of liquidation is entered, the Tennessee Insurance Guaranty Association Act, complied in title 56, chapter 12, part 1, shall become applicable for the purposes of continuation of benefits under this chapter. For guaranty assessments and other purposes of this subsection all insurance covering benefit plan obligations pursuant to this chapter shall be deemed to be workers? compensation insurance; provided, however, guaranty fund coverage shall be for the lesser of the policy limits for such benefit coverage or statutory limits applicable to workers? compensation insurance policies. 17 In the event that the insurer of injury benefit obligations of a qualified employer shall be a member insurer of the Life and Health Insurance Guaranty Association, and is determined by a court of competent jurisdiction to be an insolvent insurer pursuant to title '56, chapter 12, part 2, and a final order of liquidation is entered, the Tennessee Life and Health Insurance Guaranty Association Act, compiled in title 56, chapter 12, part 2, shall become applicable for the purposes of continuation of benefits under this chapter. For guaranty fund assessments and other purposes of this subsection all insurance covering the benefit obligations of such a qualified employer under this chapter shall be deemed to be life and health insurance premiums. 50-10-117. (3) Any fees collected pursuant to this act shall be credited by the treasurer to the department for purposes of administering this chapter and not to the general fund. Any insurance company writing insurance to cover the obligations of this act shall be subject to and pay the taxes and surcharges ?set out in 56-4- 206. Any employer that does not satisfy the requirements of 50-10- 112(d) or shall be subject to and pay the taxes and surcharges set out in 56-4-207. SECTION 2. Tennessee Code Annotated, Section 50-6-106, is amended by adding the following new subdivision: (8) An employer that satisfies the requirements of the Tennessee Employee Injury Benefit Alternative, compiled in chapter 10 of this title. SECTION 3. This act shall be strictly construed. Any conflict between this act and any other law shall be resolved in favor of the operation of this act. 18 SECTION 4. If any provision of this act or the application thereof to any person or circumstance is held invalid, then: (1) All provisions and applications of this act shall be invalid and void; (2) An employer that was exempt from Tennessee Code Annotated, Title 50, Chapter 6, pursuant to this act prior to the invalidity shall not be deemed to have failed to secure workers? compensation insurance; and (3) An employer that was exempt from Tennessee Code Annotated, Title 50, Chapter 6, pursuant to this act prior to the invalidity shall be liable for an injury to an employee: - (A) Only to the extent to which an employer that complied with Tennessee Code Annotated, Title 50, Chapter 6, would be liable to an employee in compensation for injuries that occur after the date the employer secures compliance with Tennessee Code Annotated, Title 50, Chapter 6, which shall be no later than ninety (90) business days from any final decision declaring any provision of this act or the application thereof to any person or ?circumstance invalid; and (B) Only to the extent provided in the employer's benefit plan and only for liability under Tennessee Code Annotated, Title 50, Chapter 10, which arise out of injuries occurring on or after the date set out in Tennessee Code Annotated, Section SECTION 5. I The commissioner of commerce and insurance is authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5. Except as othenivise expressly provided in subsection no 19 administrative agency of this state shall promulgate rules or any procedures related to design, documentation, implementation, administration, or funding of a qualified employer?s benefit plan. (0) No regulatory authority shall have the right or duty to approve insurance rates charged for or prescribe policy forms for coverage obtained pursuant to Tennessee Code Annotated, Title 50, Chapter 10. SECTION 6. For purposes of promulgating rules, this act shall take effect upon becoming a law, the public welfare requiring it. For all other purposes, this act shall take effect on January 1, 2016, the public welfare requiring it, and shall apply to occupational injuries occurring on or after that date. 20 Ashleigh H. Roberts From: Mark Cate Sent: Thursday, March 05, 2015 8:17 PM To: Mark Cate Subject: FW: Ocoee On 3/5/15, 3:02 PM, "Brian Bivens" wrote: >Mark, Senator Green's work comp bill had been scheduled to go on notice >a month ago and he never changed the request so it got put on calendar >this week. He's not running the bill it was a mistake. >My take away from the meeting Monday was that you guys potentially >cou d be neutral if some issues were addressed in the bill. I'm not >sure Abbie will ever be on board, but here is the jist of what I understood. Outlining a process for dealing with partial permanent Death benefits, "meeting the states minimum requirement"? Beef up the guarantee fund >I?m wondering if we are able to address 90% of the concerns we >discussed in the meeting could we get back together and further discuss? >Thanks >B?an >Sent from my iPhone On Mar 1, 2015, at 6:50 PM, Mark Cate wrote: Thanks, Brian. Agree that the Ocoee is an important resource for that area and for the state. As for the meeting tomorrow, we discussed the bill with the Governor last week and have some issues. But the bottom line is we still think that it?s premature given our comprehensive WC reform that is just now really going into effect. On 3/1/15, 3:07 PM, "Brian Bivens" wrote: Mark, I really appreciate the Ocoee meeting the other day. I've trying with TVA for 5 years and nothing has changed. This is 11 answer, the state as the managing agency and a single payer it's a good plan and will save a great resource of It will also be a catalyst for the region and outdoor in our state. The 43mil ion will soon grow to 60 or more people are secure in the future of the area and start to invest in the region. Thank you for being willing to listen. I'm not sure exactly what to expect about tomorrow's work comp meeting. I?m bringing compliance directors from Tennessee who have been in the drafting of the bill. They all have a program in that they personally manage and one has implemented in Also Steve Edwards can handle any questions about the scheme in Oklahoma and specifics about the drop in costs there has been a competitive environment. So I'll have the in the room that can work with either commissioner and your if there is any hope in moving the ball on this issue this I realize it's a very complicated issue but it is the future workers comp across the country. This has been discussed in since 2008. The bill was drafted by Tennessee based taking in the best elements of their programs from Texas Oklahoma. There has already been some national interest in this bill as the model for the rest of the country. Other southern will start to follow very soon with the same language. See ya tomorrow Brian Sent from my iPhone 12 Will Cromer From: Sent: To: Subject: Attachments: Will Cromer Wednesday, May 13, 2015 11:06 AM Will Cromer Fwd: Letter request AGL Furnace Update Letter To DOE TN.docx; ATT00001.htm; Lobbyist Furnace TPs.docx; ATT00002.htm This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email - OanSecurity. Sent from my iPhone Begin forwarded message: From: Mark Cate Date: May 12, 2015 at 8:43:32 PM CDT To: Will Cromer Subject: FW: Letter request Let?s discussg. On 5/12/15, 12:32 PM, "Mike Bivens" wrote: Mark, I appreciate your time this morning. Attached is the letter that Governor Deal sent to Secretary Moniz, a proposed letter from Governor Haslam and some talking points. If you need to speak about speci?cs I am happy to hook you up with Jim Kibler, Matt Sawhill or Paul Leath with AGL. Please let me know What questions you may have and I appreciate your consideration of this request. I am sending in two different emails. Thanks, meb May XX, 2015 Dr. Ernest Moniz Secretary of Energy 1000 Independence Avenue, S.W. Washington, DC. 20585 Re: Notice of Proposed Rulemaking Regarding Energy Conservation Standards for Residential Furnaces, Docket No. EERE-2014-BT-STD-003 1 Dear Secretary Moniz: I write today tel-voice. concerns over the. Department of Energy?s proposed ef?ciency standard for residential furnaces. The proposed standard would increase consumer costs, energy usage and emissions, the exact opposite of what energy ef?ciency standards should do. The proposed standard would mandate the use of condensing furnaces nationwide and create hardship for consumers. The cost of the mandated furnace itself would be $3 00?$700 greater than non- condensing models and will likely increase the cost of installation by $2,000 - $3,000 in many older homes. In the latest?available data, 53% of furnaces sold in Tennessee were non-condensing models, models that would be banned under this proposed rule. I am extremely concerned that these additional expenses would hit average- and low-income households especially hard and would disproportionately impact multi?family housing units in my state. I am also troubled by the fact that an analysis of the standard also shows that energy usage and emissions would increase under the proposed standards. A study by the American Gas Association and the Gas Technology Institute shows that customers would see an increase of $44.9 million in energy costs per year as a result of the draft furnace efficiency standard. This would come at a time when increasing supplies of natural gas have enabled households that use natural gas appliances save an aVerage of $693 per year compared to households that use electric appliances. Despite the progress made over the past few decades, this new ef?ciency standard would actually increase emissions. The Gas Technology Institute found that the rule would increase carbon dioxide emissions by nearly 350,000 tons. This would come at a time when emissions frOm natural gas distribution systems have dropped 22% since 1990, even as the industry has added 600,000 miles of pipeline and 17 million customers. a There are several options that the Department of Energy should consider to ensure that this proposed standard does not negatively impact consumers. For the reasons detailed above, non- condensing furnaces should remain available on the market, as an option for consumers. Establishing separate efficiency standards for both non-condensing and condensing models would accomplish this goal,.and there is precedent in previous Department of Energy rulemakings for separate product classes. Consumers deserve the choice to purchase reasonably priced appliances without being forced to use costs considerably. The Department should bring this draft standard technologies that could increase their forward to working with stakeholders throughout the energy sector in line with that goal and if not, I look to craft an appropriate solution. Sincerely, Furnace Standard Background I in February 2015 the US. Department of Energy (DOE) issued a draft efficiency standard for residential furnaces which would increase minimum efficiency standards to 92% AFUE on a nationwide basis. 0 In addition to the increased costs from a more efficient unit, the method of venting is key to understanding compliance costs under the proposed standard. Gas furnaces can either be non- condensing or condensing. Non-condensing furnaces (making up about half of furnace shipments) vent heat and moisture outdoorswithout any external pressure. Condensing furnaces recycle available heat and moisture and then vent the rest with a fan. proposed standard would mandate that customers use condensing furnaces. I The proposed rule would blunt signi?cant progress the natural gas industry has made in recent years in providing more affordable service to our customers. if ?nalized, the standard would: 0 Increase up~front costs for customers 0 On average, condensing furnaces are roughly $300-$700 more expensive than non? condensing models. Because switching to a condensing furnace would likely require significant changes to a home's venting system, families would see an additional $2,000 - $3,000 in installation costs. . 0 Additional costs could be incurred when a home vents a water heater through a common vent with a furnace. in this situation the rule could force customers to either make costly venting changes or switch to a less efficient, more costly electric water heater. 0 Increase energy usage - 0 Natural gas customers nationwide are enjoying the bene?ts of an abundant, affordable, and clean energy source. Households that use naturalgas appliances save an average of $693 per year compared to households that use electric appliances. Unfortunately this rule would increase energy costs on consumers. A study by the American Gas Association and the Gas Technology Institute shows that customers would see an increase of $44.9 million in energy costs per year as a result of the draft furnace ef?ciency standard. '1 Increase emissions 0 Emissions from natural gas distribution systems have dropped 22% since 1990, even as the industry has added 600,000 miles of pipeline and 17 million customers. 0 Despite the progress made over the past few decades, this new efficiency standard would actually increase emissions. The Gas Technology Institute found that the rule would increase carbon dioxide emissions by nearly 350,000 tons. a Natural Gas Industry Active in Energy Efficiency 0 Unlike this proposed standard, natural gas utilities are taking concrete steps to deliver natural gas in more ef?cient ways. In 2013 alone natural gas utilities spent $1.5 billion on energy efficiency programs. I - In Illinois, Nicor Gas issued more than $58 million in rebates to more than 600,000 customers in 2014. I New Jersey - In New Jersey, Elizabethtown Gas issued $345,359 in rebates to roughly 5,800 customers in 2014. I Virginia - In Virginia, Virginia Natural Gas supplied roughly 14,000 customers with rebates, energy audits and low income Weatherization products. 0 Impact on Low Income Customers Utility LIHEAP Recipients LIHEAP of Eligibility LIHEAP Eligibility Total (Individual) (Family of Four) Customers Elizabethtown Gas 30,444 5.93% $23,340 $47,700 Elkton Gas 1,253 21% $20,423 $41,738 'Virginia Natural Gas 17,003 $15,171 $31,005 Florida City Gas 107 $17,505 $35,775 Nicor Gas 72,944 3.6% $17,505 $35,775 Chattanooga Gas 2,550 $17,505 $35,775 Total 124,301 Ashleigh H. Roberts From: Sent: To: Subject: Yes. i told them 10:15 on iuly 1. Sent from my iPhone On Jun 22, 2015, at 12:53 PM, Lindsay Bales wrote: Is this ok to set up at the Capitol? From: Kim Kaegi Sent: Monday, June 22, To: Mark Cate Cc: Lindsay Bales 2015 11:08 AM Subject: Re: TN Business Partnership From Steve wright Kim, Pretty much all week 6?29 through 7-1 is open except Thanks, Steve Sent from my iPhone Monday am On Jun 19, 2015, at 8:07 AM, Mark Cate wrote: I?m heading to Cape Cod tomorrow morning and won't be back until next Saturday.- Sent from my iPhone On Jun 19, 2015, at 7:52 AM, Kim Kaegi wrote: Sent from my iPhone Begin forwarded message: From: Steve Wright Date: June 19, 2015 at 6:41:25 AM CDT To: Kim Kaegi Subject: Re: TN Business Partnership 3 Kim, Looking at next week?s calendar Tuesday afternoon, Thursday, or Friday would work best for me. I can come over early tomorrow if it suits also. I am happy to meet alone and don't need to further drag you into my personal problems. Thanks for your help. Thanks, Steve Sent from my iPad On Jun 17, 2015, at 11:09 AM, Kim Kaegi wrote: Of course, Steve. Happy to facilitate. only need to be there if helpful to the conversation. When will you be in Nashville next? Thank you. Kim Kaegi 615-351-7129 From: Steve Wright Sent: Wednesday, June 17, 2015 4:56 AM To: Kim Kaegi - Subject: Re: TN Business Partnership Kim, Thanks for the invitation it was a very good meeting. I would certainly be willing to consider support of the TN. Buisness Partnership. However! have an you set up a meeting for me with Mark Cate just the two of us? (unless you want to come) You conveyed my message and i appreciate it. if he is going to be a part of the Transportation push next year I would really like to meet to see if we can find a way to somehow work in a logical and coordinated effort. Also need to finish the conversation you started for me and take a little of the heat of Kent and Susie, even if he does not play a part in that effort. Thanks, Steve Sent from my iPad On Jun 15, 2015, at 12:40 PM, Kim Kaegi wrote: Steve Thank you for coming to Thursday? 5 meeting with the Governor. He was glad to have the opportunity for open dialogue on some of the most pressing state issues. We hope you agree that there is a need to fill the gap to support a more pro- business environment and that you will agree to support the TN Business Partnership with a gift of $5,000. Contributions can be corporate or personal and are not disclosed to the general public. Checks are made payable to the TN Business Partnership and are mailed to the address below. A 7 donor form is attached for your convenience. If you have any questions, please reach out. Kim Kaegi 1015 Stonebridge Park Drive Franklin, TN 37069 615?351-7129 ennessee Business Partnership Donor FormB 2015.docx> Will Cromer From: Will Cromer Sent: Wednesday, August 05, 2015 6:03 PM To: Will Cromer Subject: Fwd: ASD Job Description and Ad Attachments: TN ASD CEO job description TN ASD Superintendent ATT00002.htm This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email - DIR-Security. Sent from my iPhone Begin forwarded message: From: "Erin Ohara" To: "Mark Cate" "Will Cromer" "Teresa Sloyan" Cc: "Monisha Lozier" "Patrick Smith" Subject: ASD Job Description and Ad "With years of solid reform work under our belts, we?re optimistic that the U.S. Department of Education will view Tennessee in the some way we see ourselves: As a state that is ready to lead the nation with fresh ideas and a new approach to public education.? Outgoing Governor Phil Bredesen, January 20, 2010 POSITION: Superintendent, Achievement School District LOCATION: Nashville, TN REPORTS TO: Tennessee State Commissioner of Education Overview of the Role The founding Superintendent of the TN Achievement School District will, lead the development and operations of a new, stand?alone unit of the Tennessee Department of Education. Primarily, the Superintendent will develop and execute on the Tennessee?s strategy to take over and dramatically improve the performance of the State?s most underperforming schools. S/he will have the authority and responsibility for the operations and performance of the schools in the ASD. S/he will also serve as a member of the Tennessee Department of Education?s Senior Executive team, contributing to key strategic decisions for the organization. Overview of the Organization In January 2010 the Tennessee legislature enacted the Tennessee First to the Top Act the most sweeping education law passed in Tennessee in over two decades. Among the most notable components of this new, bi?partisan legislation was the creation of The Achievement School District or "the district"), a wholly new division of the State?s Department of Education. The ASD is a key component of Tennessee?s strategy to address the persistently poor performance of many of its schools. Modeled after the Recovery School District in Louisiana, which took over the vast majority of poor performing schools in New Orleans after Hurricane Katrina, the ASD has the ability to take over and operate persistently poor performing schools and TN Local Education Agencies (LEAs) across the state. Further confirmation and affirmation of Tennessee's bold vision for reforming public education for its schoolchildren has followed in the form of two substantial federal grants. First, in March 2010, Tennessee was named as one of only two states to receive a grant award in the first round of the federal Race to the Top competition. Notably, the state was awarded its full request. Next, in August and in partnership with Louisiana?s Recovery School District and New Schools For New Orleans, Tennessee's Department of Education was awarded S30 in a highly competitive federal grant program designed to support and expand high?quality charter schools. Almost from the award will go directly to the ASD and over will be allocated for new charter schools in Tennessee (particularly in Memphis and Nashville). The grant was awarded as part of the Investing in Innovation program, commonly referred to asi3, which is designed to support the nation?s boldest reform plans. Fueled by these historic developments, the ASD is a high-profile, critical component of Tennessee's ambitious plan to dramatically transform education across the state and senior state officials are looking for a unique leader to drive and carry out this vision. Status of ASD as of November 2010 Since winning the Race to the Top award in March 2010, the Tennessee Department of Education has been moving ahead with its ambitious reform agenda. Year 1 of the grant was designated as a planning year for the ASD and one in which low performing schools and LEAs are being assessed for entry into the new District. Meanwhile, with the election of a new Governor on November 2, 2010, the state leadership is embarking on its formal transition which will include the appointment of a new Commissioner of Education. A small team has been assembled to ensure a smooth transition and launch when the ASD Superintendent is hired. ASD Design The primary functions of the ASD fall into ?ve categories: oversight, facilitation, human capital, operations and support. Below is a table that shows the kinds of activities that fall under each category. This list is not exhaustive, but is meant to illustrate the main oversight and facilitation functions (occurring at the state-level) and human capital, operations, and support functions (at the school level). State Level School Level ?IFacilitation I -. 1: Human capital Operations schools that are eligible for the ASD have either reached the "Restructuring 2" phase (the fifth year of improvement status) pursuant to the State's accountability system, or they are Title I schools that meet the US. Department of Education?s definition of "persistently lowest achieving schools.? Based on current AYP calculations, there are currently 13 schools that are eligible to be part of the ASD. Ten of the schools are categorized as the persistentiy lowest-achieving schoolsin the state and the other three schools are in Restructuring 2 and beyond under No Child Left Behind designations. The schools are located in five Tennessee districts, including: Madison County (Jackson), Hamilton County (Chattanooga), Knox County (Knoxville), Memphis, and Metro Nashville. The 13 eligible schools include approximately 10,000 students. Tennessee already has secured commitments from five leading superintendents from across the state the Coalition of Large School Systems (CLASS) to serve as a unique association ready to partner with the state for bold reforms, including the ASD. These leaders, who are committed to dramatic reform and capacity?building in their home districts, will play an important role in ensuring local support, collaboration, and local buy?in for transformational education improvement. In fact, 12 of the 13 schools in the ASD are in CLASS districts, and their superintendents have endorsed the ASD. Once it has taken over a school or LEA, the ASD has the authority to either I) operate the school under very different conditions or 2) contract out the operations of the school to individuals, governmental entities or non-profits to manage the day to day operations of the school(s). Once a school is a part of the ASD, the school will remain in the district for at least five years. The role of and LEAs Teachers and staff who choose to accept the offer to work at the ASD will also, as part of that choice, relinquish their rights and obligations under their previous contract with the LEA, and assume new rights and obligations under the terms of a new contract with the ASD. School Governance in the ASD Currently, schools slated to enter the ASD will operate under three types of governance structures, comprising a ?portfolio? approach; The relationship with schools will differ, depending on their governing arrangement, as listed below: Direct?Run Schools: schools that the ASD operates directly, using a small central school operations team combined with talent pipelines of Teach For America, The Nengeacher Project, and other nationally?recognized groups. The ASD will be responsible for oversight, accountability", and school? level support in these schools. Operations support (transportation, food services, etc.) will likely be supplied through contracts with. schools? home districts. 0 LEA Contract Schools: schools that are contracted back to their home district, under dramatically different operating conditions including school-level authority over people, time and budget, and extensive waivers from state and local policies. The ASD will be responsible for oversight and accountability for these schools, and for ensuring that the districts adhere to the terms of their contract. Operations and interventions will be carried out by the home district. Chartered Schools: high-performing charter schools or charter management organizations (CMOs) that replace or transform ASD-eligible schools. As with contract schools, the ASD will be responsible for oversight and accountability for these schools. Operations will be carried out by the school operator or the CMO. Partnerships and the ASD Tennessee will leverage the expertise of an unprecedented set of non?prefit organizations each with a robust track record of providing highly effective teachers and leaders, creating new charter schools, and revamping dysfunctional human capital systems and deploy them in the ASD and other schools. These data-focused and results-oriented grOUps will provide specific technical assistance to educators, train regional delivery staff and develop Tennessee-specific products and interfaces that will long outlive the Race to the Top grant award. Potential partners include, but are not limited to, Teach For America, The i 3 New Teacher Project, and the Charter School Growth Fund. The ASD will benefit directly from other Race to the Top contracts such as Battelle for Kids and Urban Leadership Development. ASD and Accountability The ASD will set individual academic goals for each of the schools in the district and will collaborate with partners to hold them accountable for meeting the pre?established statewide metrics. After the second year of operation in the ASD, the Commissioner and the Superintendent will assess the school?s progress and begin a process of planning for transitioning that school that will include either transitioning it back to the district at thefive.?yearmark, chartering (or continuing a charter), or closing it. The transition plan will guide years three through five of the school?s life in the ASD. During the initial five-year period of the ASD, the Department of Education will use existing resources to work closely with each school's home LEA to build capacity so that achievement gains are not reversed when the school returns. As a result, a "dotted line? association will be maintained between the school and its current central office, although the ASD will have ultimate oversight. Key information on K-12 Education in the State of Tennessee 0 Approximately 940,000 Students in Tennessee 0 136 school districts and 4 special schools 0 Memphis City Schools 105,000 students 0 Metropolitan Nashville Public Schools 71,000 students 0 Knox County Public Schools - 54,000 students 0 Shelby County Public Schools 46,000 students 0 Hamilton County Public Schools 39,000 students 0 Approximately $3.6 billion annual spending on education 0 Approximately $8,500 per pupil 68 percent White, 24 percent African American, 5 percent Hispanic, 3.5 percent ELL, 58 percent economically disadvantaged, 41 percent Title i, 14.5 percent students with disabilities Duties and Responsibilities of the ASD Superintendent Specific responsibilities include but are not limited to: 0 Developing the ASD structure and strategy to ensure that the A50 and the TN Department of Education have the capacity to take over and manage multiple poor performing schools across the state; 0 Working closely with national and local third-party partners to implement dramatic changes designed to enable all students to succeed in the schools that the ASD takes over, particularly in the areas of human capital; 0 Partnering with the superintendents and school boards to optimize school transformation and ensure a smooth transition for students, parents, teachers and other stakeholders; 0' Coordinating ASD relationships across the TN Department of Education and state government; 0 Managing the performance of all the ASD schools, including hiring and firing school leaders as well as third party partners as part of a "managed portfolio? approach to transforming schools; and 0 Ensuring the existence of strong social?emotional support systems, including wrap-around services for students and their families, to address out-of-school factors impacting student achievement in ASD schools and strong parent and community support systems. Reguisite Experience of the ASD Superintendent This position offers an unprecedented opportunity for an innovative leader to lead the design and implementation of a new, virtual, statewide school district focused on school transformations. Therefore, first and foremost, the Superintendent must possess an uncompromising belief in both the capacity of all children to learn and be successful and a deep commitment to the improvement of public education in low?income communities. Almost equally as important, the Superintendent will have a demonstrable track record for producing results in a context relevant to that of ASD schools and a professional background including credentials and experiences that will validate their stated readiness to manage a bold initiative in the face of one of the' most. complex challenges in education reform to date. Additionally, candidates for the position must possess the following skills and qualifications: 0 Competencies critical to success in a turnaround school environment, specifically: unwavering orientation to accountability and results; 0 appetite for action, impact and influence; 0 tested management and development of high performing teams measured against performance benchmarks and outcomes; and i proven strategic planning'experience and problem solving skills. 0 Professional experience as a leader or as part of a leadership team in a school or education management organization that has demonstrated success or significant improvement in a high poverty environment; 0 Leadership experience in educational administration, management, and school planning, particularly through organizational change and/or growth; - Proven ability to prioritize, balance, and complete multiple complex projects across multiple sites simultaneously and in the face of competing deadlines; 0 Superb grassroots skills including the personal presence and communication skills necessary to effectively develop relationships, interact and convey ideas and positions to numerous audiences including legislators, superintendents, funders, principals, community groups, teachers, students, and parents; The ability and willingness to travel approximately 30% of the time; and A bachelor?s degree. Desired Personal Qualitieleorking syle of the ASD Superintendent While no one person will possess all of the qualities below, the ideal candidate will also possess some combination of the following professional and personal characteristics: A graduate degree; Entrepreneurial spirit; Gritvand tenacity; Flexibility; Ability to work across historical ?boundaries? to deliver success; 0 Unreienting focus on delivering results for all students. Reporting Relationships The Superintendent will report directly to the TN Commissioner of Education. Compensation The Superintendent salary is highly competitive and a generous benefits package is included. ideal Start Date Strongest consideration will be given to candidates who could lead the ASD starting in January 2011. Application Instructions Applications should include a current resume and a letter of interest addressed to Monisha Lozier, the Executive Recruiter who is managing this search, before Wednesdayll December 22. Questions about the position and/or the search process should also be directed to: Monisha Lozier Partner and Co-Founder Bellwether Education Partners To learn more about Tennessee?s Department of Education and First to the Top initiative, please visit: Ashleigh H. Roberts From: Mark Cate Sent: Monday, December 29, 2014 7:22 AM To: Bob Manineau Subject: FW: - Crosstown - Letter to State re QECB Extension Attachments: Mail QECB Mail Bob -- Hope you guys had a great Christmas! when you get a chance, iook at the message beiow and auschmeni. Thanks and Happy New Veer! MC From: Bryan Kaegi Date: Monday, December 22, 1014 at 11:01 PM To: Mark Cate (mark Cc: Kim Kaegi (kim billhaslam.com> Subject: Fwd: Crosstown - Letter to State re QECB Extension See below from Orgel. Bryan Kaegi (615) 948--1863 bman@kaegiresourcesucom Begln forwarded message: From: "Billy Orgel" towewentures.com> Subject: Fwd: - Crosstown - Letter to State re QECB Extension Date: December 16, 2014 5:11:28 PM CST To: "Bryan Kaegi" Hope all is well. I need some help In the Governor's office to get this program request extended but maybe require the to reopen the process to use the additional funds that went unaliucated. i have another project that came about after the Applicatlon Process and all the money was not used. Need some advice Thanks. Billy Orgel -- Begin forwarded message: From: "Paul Morris" To: ?Billy Orgel Subject: Fw: - Crosstown - Letter to State re QECB Extension From: James McLaren Sent: To: Paul Morris Cc: Christine Taylor A Subject: - Crosstown Letter to State re QECB Extension Attached is the letter to the State requesting an extension of the QECB allocation received by The attached needs to be placed on letterhead. Please execute the letter and I will have the original picked up. Thanks. Please note our address has changed effective December 23, 2013. James B. McLaren, Jr. Adams and Reese LLP Crescent Center 6075 Poplar Avenue, Suite 700 Memphis, Tennessee 38119 Direct: (901) 524-5277 E?Fax: (901) 524-5377 Main: (901) 525-3234 Fax: (901) 524-5419 ames.McLaren@arlaw.com ADAM Baton Rouge Birmingham Columbia Houston Jackson Jacksonville Memphis Mobile Nashville New Orleans Sarasota St. Petersburg [Tallahassee Tampa Washington, D.C. 1. A complete description of the availability of the QECB Memphis Green Communities Program, including content, how/where advertised, scoring sheets, etc. The Memphis Green Communities Program opened September 19, 2014. Applications were accepted through October 17, 2014. The program was advertised on September 19 in the CommerciolAppeo! (see page 4). The Of?ce of Sustainability distributed a press release to all media contacts on September 22 (see page 5). Stories were run in the Memphis Business Journal and Hioh Ground News about the program. Information was also included in a regular newsletter distributed by Memphis Light Gas and Water and was shared on social media networks. Announcements and information about the Memphis Green Communities Program were published on the websites of the City of Memphis and the Memphis and Shelby County Of?ce of Sustainability. Pertinent information about the program and scoring were included in the program application (see pages 6-17). Applications were accepted until 3:00 PM on October 17. A total of 48 applications were received. The following week, the Office of Sustainability convened a review team of representatives from the of?ce, Division of Housing and. Community Development, Division of Planning and Development, and Memphis Light Gas and Water to review, discuss, and score applications. The primary categories used for scoring, as detailed in the application, Were based on (1) project need, (2) environmental savings, (3) job creation, (4) economic impact, and (5) project match. A couple of paragraphs that describes the application review process The Memphis and Shelby County Office of Sustainability and City of Memphis Division of Housing and Community Development have partnered to administer the Memphis Green Communities Program, funded by federal Quali?ed Energy Conservation Bonds (QECBs) allocated to the City of Memphis by the State of Tennessee. The total allocation is $14,501,000. Projects funded by the Memphis Green Communities Program are awarded funds on a competitive basis and judged on project need, environmental savings, economic impact, job creation, and project match as reported by applicants responding to the program application. On September 19, 2014, the application period for the Memphis Green Communities Program opened. The deadline to submit applications was October 17, 2014. A total of 48 applications were submitted by the deadline. A committee of staff from the Office of Sustainability, Division of Housing and Community Development, Division of Planning and Development, and Memphis light Gas and Water reviewed and scored applications submitted. Projects were required to score a minimum of 70 points to be considered for funding. 0f the 48 applications, two (2) projects were disquali?ed for failing to meet basic eligibility requirements, 40 projects scored below the threshold of 70 points, and six (6) projects scored above the threshold of 70 points (See summary list of applications and scores on pages 18-19). A scoring matrix and criteria were developed based upon the information required in the application. Speci?c scoring factors and weights can be found on Page 20 below. The committee reviewed all of the applications independently and also met as a group to discuss and score each of-the applications submitted. For those applications that scored at or above the minimum score of 70 needed to be considered for an award, the committee reached consensus on the recommendations to forward to the Mayor and CAO for approval. The top four (4) scoring projects were selected for funding. The two projects scoring above 70 but not selected for funding were viewed as attractive projects because of workforce . Upon selecting the four projects for awards, the Mayor and CAD included a provision that funding is conditional on each awardee?s ability to raise the additional funds required for the full building retro?t of which the QECB improvements are a part. In all cases, the economic return of the project was expressed as a function of the full building retrofit. Further, the full building retro?t ensures a greater likelihood the QECB funded improvements will reach a full life cycle. Awardees have until June 30, 2016 to raise all required funds and QECB funds must be spent by September 2017. Relationship between a facility and the energy conservation measure, what is being financed through the QECB?funding, and the expected economic life if the item is placed into service Brief descriptions of improvements and estimated energy conservation are included below for each of the four projects selected for funding. Full descriptions of work and information about all other projects ?n be found in the applications. Crosstown Building Owner $8,150,000 improvements/Costs: 0 Exterior windows, curtainwaii, storefront, and glass materials I HVAC equipment 5 Building cooling towers - Exhaust fans and ventilation - Boilers and fines 0 Interior lighting Conservation Measures: - Pursuit of LEED Platinum Certi?cation 0 Energy reduction of 38% than baseline building utility cost Knowledge Quest $333,900 Improvements/Costs: - Roo?ng 0 Windows and doors 0 Mechanical 0 Insulation - Plumbing On-demand water heaters Electrical Solar system lokw Wind turbine Cisterns Contlgency I Project Management Conservation Measures: 0 Energy conservation and generation: savings of 192,180 kBtu (40% reduction) 0 GHG emission reduction: 18 metric tons of C02e annually (40% reduction) 0 Water conservation: 17,520 gallons per year (20% reduction) Self Tucker Properties $1,975,000 Improvements/Costs: 0 Site work (reduce heat island, storm water mitigation) Masonry restoration Roo?ng Green roof Stormwater mitigation (gutters and downspouts, cisterns) insulation Doors and windows Finishes Conveying system HVAC Electrical Plumbing Renewable Energy Conservation Measures: Energy conservation: savings 'of 685,747 kBtu (27% reduction) - GHG emission reduction: 108 metric tons of annually (27% reduction) I Water conservation: 46,267 gallons per year (35% reduction) - Pursuit of LEED Gold certi?cation Southbrook Properties Corp. $2,100,000 Improvements/Costs: - Roo?ng 0 HVAC 0 Lighting Conservation Measures: 0 Estimated energy reduction of 30% Ashleigh H. Roberts From: Bob Martineau Sent: Monday, December 29, 2014 7:58 AM To: Mark Cate Cc: Molly Cripps Subject: RE: Crosstown - Letter to State re QECB Extension Attachments: Extension Letterpdf Mark We had a great one. Hope you did too. Great pix Cathy posted This one is an easy one ll! Yay Molly and I talked last week and agreed extension made sense and AG and Comptroller agreed. Attached letter went out last week so they should have it by today! These projects consistent with what we are trying to do with EMPOWER TN initiative. Bob Robert J. Martineau, J11. Commissioner Tennessee Department of Environment Consewation William R. Snodgrass TN Tower 312 Rosa L. Parks Ave, 2?1d Floor Nashville, TN 37243 106 (Fax) 615-532-0120 ire merit Please sigh use are? That: ill?Newsletter Please consider the environment before printing this email message% I From: Mark Cate Sent: Monday, December 29, 2014 7:22 AM To: Bob Martineau Subject: FW: - Crosstown - Letter to State re QECB Extension Bob - Hope you guys had a great Christmas! When you get a chance, look at the message below and attachment. Thanks and Happy New Year! From: Bryan Kaegi Date: Monday, December 22, 2014 at 12:01 PM 29 To: Mark Cate Subject: Fwd: Crosstown Letter to State re QECB Extension See beiow from Billy Orgel. Bryan Kaegi (615) 948-1863 bflan@kaegiresources.com aegin forwarded message: From: "Billy Orgel" Subject: Fwd: - Crosstown - Letter to State re QECB Extension Date: December 16, 2014 5:11:28 PM CST To: "Bryan Kaegi" Bryan Hope all Is well. i need some help In the Governor's office to get this program request extended but maybe require the reopen the process to use the additional lunds that went unallocated. have another project that Came about after the Application Process and all the money was not used Need some advice Thanks. Orgel -- Begin forwarded message: From: "Paul Morris" To: "Billy 0rgel\ Subject: FW: Crossan - Letter to State In QECB Extension FYI From: James McLaren Sent: Tuesday, December 16, 2014 11:16 AM To: qul Morris Cc: Christine Taylor Sublect: - Crosstown - Letter to State re QECB Extension Attached is the letter to the State requesting an extension of the QECB allocation received by The attached needs to be placed on letterhead. Please execute the letter and I will have the original picked up. Thanks. all City to Please note our address has changed effective December 23, 2013. James B. McLaren, Jr. Adams and Reese LLP Crescent Center 6075 Poplar Avenue, Suite 700 Memphis, Tennessee 3 81 19 Direct: (901) 524-5277 E-Fax: (901) 524?5377 Main: (901) 525-3234 Fax: (901) 524?5419 ames.McLaren@arlaw.com BatonRougc Birmingham 1 Columbia Houston [Jackson Jacksonville I Memphis Mobile Nashville New Orleans Sarasota St. Petersburg Tallahassee Tampa Washington, D.C. 31 suits or Tassessa? .. ., . .. GOPJSERVAHON 3124341435. BILL HASLAM ROBERT I . ER- GOVERNOR December 23, 201.4 Mi?. 'PauI'Mor?s; President Downtowrg M'??mgihisCommissioti The CrumpnB'uilc'?ng; 114Nort?h? M?a?inJSt? Requ?st for Emansi'c,n_ Dear- Mr. Morris: The Te?nesse'e D?epartm?ht 6f has resgived vaur- request. dated ?ecember 15'. 201111;?i0r a'n-addit'ional exten?f'qn cf'sivatg?) the. issuance Bondmhe OEP'has revigwad the matgr'iais ?rmld?? by the Center? emaevenae as th?'Ci?ty u'f M?emphisa 3pgf?eei?ate this - agdifipnal?ihfarm3tipm dari?gatiaq?andd?ta?ii regarding the Green ?Cammunl?es?ogram as well the program. the. the City; GEP-has dg?termined'jg E's-apptopriate .to granwne addi?pna! extension ?swim (?airdaw 35' permitted by the Proposals. I nigh-this extension granted, tfj?e ?CCg?einow (60) days from Januam'L 201-519 issga the Bands. 'The{efe.ce; the n?gw-da?tehwwhich the Bonds myst,.be. issuatiisaMarch 3,125.15; A?nv portion pf the. Bonds haue anthem issued on or befere' Martha, 261w" amm'ageauv at h??sit?ate't?d c?'nta??tzm? if'v?ou Have a?ny-qa??tibns?; or need ??ddit-id?ai a?sSiSt?ahce, Sincerely, Pete'W?st'?rhoif? Managgr; Of?ce: of Energvfi?rqgra ms Wiilianit-shodgrass?TN-Icwer 312 8653 Parks Ava; 'Zhd Hdor? Nash-vim 7525311243 Petemeae? [917m 12mm CC: Memphis and.She.lby County Of?ce ofTSustainabitity Marcus ward, City Att'q'rneyz City '?f?Memphis ued) CC: Btian Colliins, Finance ?i?fector, City of memphis: Andre Wa?lk?r, Deputy Director ofFi?ance; City of Memphis Harman- Morris, City Attorney, City?ofMemphis- Robert Lipscomb, Director,fMemphis Housing-and Community DeveIOpmeht Mairi-Aibertsm, A?ministr?ator, .Me'mp'?i's Housingan'd" Community Development" St?e?V?e Hawkins Dela??eid and ?Woo'd James Eu?tis, coungel; Hawkins Qatafield and Wand. Peter- L?am; Counse}, Hawkins. Deia??eld and Wood James ~MCEa?rer1,- COun's?eL Adams and R?eae "Mbliy ?Cfiip'pSa DiireFtor. Office 6f SQn?df Thompsongbirector, Officepf?s'jtate and Eocal Finance David Bum, ?f?A?ttorhey Geherat Ashleigh H. Roberts From: Sent To: subject: Attachments: Mark Cate Thursday, May 21, 2015 2:13 PM Mark Cate resume and cover letter Christi Cross Resume.doc;ATT00001.htm This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email - DIR-Security. Sent from my iPhOne Begin forwarded message: From: Ryan Haynes Date: May 18, 2015 at 6:05:41 PM CDT To: Mark Cate Subject: Fwd: resume and cover letter Mark One of the SEC members that I left you a voice mail about is looking for a job. She asked me to forward to you. Thanks Ryan Sent from my iPhone Begin forwarded message: From: christi cross Date: May 11, 2015 at 8:57:09 PM CDT To: Sub resume and cover letter Hey Ryan. Sorry to bother you while you're traveling and doing important work I've attached my resume. The cover letter I sent is below, I sent it as an email to Lisa Spencer. This position (reports to the C00. The listing is not on the website did say an MBA was a preference, but not a recommendation. And no one in the chain of command has an Just FYI. I have an MA, though. The job description mentioned oversight of construction projects, making 1 government more cost effective, handling projects with little it was pretty broad. Nothing I can't do! If you have recommendations or suggestions after reading it, let me know. Thank you again for helping me! appreciate it more than you know. Christi Re: CFG Senior Management Consultant Mr. Greg Adams, COO Governor?s Of?ce Of?ce of Customer Focused Government Nashville, TN 37243 Dear Mr. Adams: I submit my resume today'in consideration for the position of Senior Management Consultant in the Of?ce of which matches my interests, quali?cations and skills. My expertise in communication, team environment, and solution-focused thinking uniquely qualify me for this position. My quali?cations include: Bachelor?s degree in political science and in public relations Master?s degree Five years experience political consulting Experience with real estate practices and construction Familiarity with continuous improvement methodology (Lean) Demonstrated problem-solving skills Exceptional communication skills My references will confirm that I am detail oriented, organized and BmCiCflL I can handle a fast-paced environment. am a proven leader. Thank you for your time. I am available to interview immediately, You can reach me at --, or via email: Sincerely, Christi "The penalty for refusing to participate in politics is that you end up being governed by your CHRISTI CROSS EDUCATION Liberty University Virginia Master of Arts -- Marriage and Family Therapy University of Tennessee -- Martin Martin, Tennessee Bachelor of Arts -- Public Relations and Political Science EXPERIENCE 2012 -- present Tennessee Massage Licensing Board Consumer Member Interpreting the laws, rules, and regulations to determine the appropriate standards of practice. Issuing licenses to qualified candidates. Investigating alleged violations of the Practice Act and rules. Disciplining licensees who are found guilty of such violations. Nov. 2002 -- present Cross Construction Co--owner Building residential homes, working with designing, framing, painting and organizing construction. Bookkeeping and scheduling of contractors. Maintaining records and blueprints. Developing advcm'sing and marketing. June 2002 -- present Campaign Consultant Wrote campaign plans, managed volunteers, created advertisting and marketing plans, organized door campaigns, drafted speeches, served as paint of contact for media, represented candidate, created fundraising budgets, plans and events, maintained candidate schedules, assisted in creation of direct mail. Aug. 2014 -- Feb, 2015 Lakehaven Behavioral Center Activity Planned and implemented 4 daily group activities, charted group activities and patient behaviors, performed and activity assessments, provided individual and family counseling, tracked core measures. tracked and reported performance reviews, assessed referrals, communicated with physicians 2005 2008 Christl's Upscale Resale Owner Owned and managed upscale consignment and retail store. Maintained all records. Responsible for paying 600 consignors. Scheduled employees. Designed store windows. Priced and tagged all clothing Greeted customers and vendors. Developed advertising and marketing plan. COMMUNITY INVOLVEMENT Secretary, Tennessee Republican Party Republican State Executive Committeewoman, SD 24 Immediate Past President, former Vice President, Madngals Choral Ensemble Immediate Past President, HC Republican Women Coach, Pop Warner Cheerleading Board of Directors, Tomorrow's Hope Pregnancy Help Center Temporary assignment from NAME to Laurel, MS (Hurricane Katrina relief efforts] so Reagor Lane, Paris, Tennessee 35242 - References: Rep. Curtis Halford Tennessee House of Representatives 127 Old Dyer-Trenton Road Dier, TN 38330 Gregory Gleaves Direct Edge Campaigns 324 3rd Avenue South Franklin, TN 37064 -- Matt Stowe District Attorney 100 Court Square Huntinidon, TN 38344 From: Sent: To: Subject: Mark Cate Tuesday, April 21, 2015 9:31 AM Mark Cate Fwd: TBP Update This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. - Sent from my iPhone Begin forwarded message: From: Stephen Susano Date: April 21, 2015 at 8:31:00 AM CDT To: Mark Cate Subject: TBP Update Mark, The Tennessee Business Partnership (the ?Partnership?) is an alliance of business leaders and organizations that support policy solutions to foster economic growth and enhance Tennessee?s competitiveness. The Partnership focuses on ?big statewide issues? that have multi?generationai consequences economically and on the quality of life of all Tennesseans. We want Tennessee to be the best state to raise and educate our children, create economic opportunity for our families and retire comfortably. Since its launch in January of 2014, the Partnership has focused primarily on education and judicial reforms. As issues evolve, the Partnership will shift its policy focus and objectives as needed. As the result of the hard work of educators, students and parents, coupled with a variety of smart policy initiatives, Tennessee has become the fastest improving state in the nation in student achievement. To maintain this progress, it is essential that we continue to have high academic standards, high-quality assessments, accountability for results and more choices for parents in K-12 education. In 2014, the Partnership worked with various stakeholders to launch ?Tennesseans for Student Success? as a non-profit organization dedicated to protecting and advancing the progress the state has made in education. This type of organization was greatly needed to promote sound policies and act as a counter-balance to more ?fringe? groups whose policies are bad for our kids. It has quickly grown to a well?funded organization with a staff of seven people and is having a positive impact. In higher education, the Partnership supports the state?s Drive to 55, an initiative to provide 55% of Tennesseans with a certificate or college degree by 2025. "Tennessee Promise" and Reconnect" are both Drive to 55 initiatives that the Partnership believes will increase the number of high school graduates and adults who go to college or pursue specific job training to advance their careers. in April of 2015, the Partnership began running a statewide radio campaign in support of the TN Reconnect program and hopes to expand its advocacy as the program grows. The Partnership is committed to supporting policies like these that help Tennessee have a better and more career-ready workforce. 1 In the area of judicial reform, the Partnership established the ?Vote Yes on 2? campaign to pass the judicial selection amendment to the state?s constitution, known as Amendment 2. The Partnership?s considerable financial support, along with its work to assemble a large, bipartisan coalition of business organizations, associations and community leaders from across the state, helped Amendment 2 pass by an ovenivhelming margin on November 4, 2014. This Amendment brings greater clarity, certainty and accountability to the process of selecting and electing Tennessee?s appellate court judges. The Partnership also supports the new Business Court pilot program being launched by the Tennessee Supreme Court. Twenty-six other states already have a specialized business court or docket. With this program, Tennessee will also have a court that specializes in resolving complex business litigation. This month the Partnership will co-host an event for business leaders and legal professionals featuring Chief Justice Sharon Lee to discuss this important initiative. In its ongoing effort to work with the state?s other business organizations, the Partnership invited the Tennessee Chamber of Commerce industry, the Tennessee Business Roundtabie and the Nashville Area Chamber of Commerce to co-host the event. Judicial reform efforts, such as passing Amendment 2 and the new business court, make Tennessee more competitive in retaining and attracting businesses in order to expand economic development and create better, higher paying jobs. Since launching, the Partnership has delivered on its policy commitments to donors, and has been a constructive voice for important issues affecting the business community. Given that it has only been in existence for 16 months, the Partnership has accomplished a lot, and with our donors and partners continued support, it can continue to do more. Thank you. Stephen Stephen D. Susano Executive Director stephen@tnbp.oro Tennessee Business Partnership PO Box 120965 Nashville, TN 37212 This email, its content and any attachments are confidential, are subject to copyright and are intended solely for the identified recipient(s) and may not be passed on or disclosed to any other person. if you have received this email in error you may not copy or use the contacts, attachments or information in any way. Please delete it and reply to the sender that you have received this message in error. Ashleigh H. Roberts From: Sent To: Subject: Thanks! On the calendar. Lindsay Baies Monday, June 22, 2015 3:09 PM Mark Cate RE: TN Business Partnership From: Mark Cate Sent: Monday, June 22, 2015 3:03 PM To: Lindsay Bales Subject: Re: TN Business Partnership Yes. Itold them 10:15 on July 1. Sent from my iPhone On Jun 22, 2015, at 12:53 PM, Lindsay Bales wrote: Is this ok to set up at the Capitol? From: Kim Kaegi Sent: Monday, June 22, 2015 11:08 AM To: Mark Cate Cc: Lindsay Bales Subject: Re: TN Business Partnership From Steve wright Kim, Pretty much all week 6?29 through 7-1 is open except Monday am Thanks, Steve Sent from my iPhone 0n iun 19, 2015, at 8:07 AM, Mark Cate wrote: I'm heading to Cape Cod tomorrow morning and won?t be back until next Saturday. Sent from my iPhone On Jun 19, 2015, at 7:52 AM, Kim Kaegi wrote: Sent from my iPhone Begin forwarded message: From: Steve Wright Date: June 19, 2015 at 6:41:25 AM CDT To: Kim Kaegi Subject: Re: TN Business Partnership Kim, Looking at next week's calendar Tuesday afternoon, Thursday, or Friday would work best for me. I can come over early tomorrow if it suits also. I am happy to meet alone and don't need to further drag you into my personal problems. Thanks for your help. Thanks, Steve Sent from my iPad On Jun 17, 2015, at 11:09 AM, Kim Kaegi wrote: Of course, Steve. Happy to facilitate. I only need to be there if helpful to the conversation. When will you be in Nashville next? Thank you. Kim Kaegi 615-351-7129 From: Steve Wright lmailto:SWright@_ wbcci.com] Sent: Wednesday, June 17, 2015 4:56 AM To: Kim Kaegi Subject: Re: TN Business Partnership Kim, Thanks for the invitation it was a very good meeting. would certainly be willing to consider support of the TN. Buisness Partnership. Howeverl have an you set up a meeting for me with Mark Cate just the two of us? (unless you want to come) You conveyed my message and I appreciate it. If he is going to be a part of the Transportation push next year I would really like to meet to see if we can find a way to somehow work in a logical and coordinated effort. Also i need to finish 2 the conversation you started for me and take a little of the heat of Kent and Susie, even if he does not play a part in that effort. Thanks, Steve Sent from my iPad On Jun 15, 2015, at 12:40 PM, Kim Kaegi wrote: Steve -Thank you for coming to Thursday?s meeting with the Governor. He was glad to have the opportunity for open dialogue on some of the most pressing state issues. We hope you agree that there is a need to fill the gap to support a more pro? business environment and that you will agree to support the TN Business Partnership with a gift of $5,000. Contributions can be corporate or personal and are not disclosed to the general public. Checks are made payable to the TN Business Partnership and are mailed to the address below. A donor form is attached for your convenience. If you have any questions, please reach out. Kim Kaegi 1015 Stonebridge Park Drive Franklin, TN 37069 615-351-7129 Ashl th Roberts Fro Houston Davis Sent: Wednesday, November 05, 2014 2.12 PM To: Mark Cate Cc Houston D, Davis Subjed: va Introductions I noticed that you had replied overthe weekend from anothereinali lam tryingto send this through to your tn.gov address. would be easier to talk back and forth by phone, my mobile Houston Houston D. Davis, Executive Vice Chancellor and Chief Academic Officer University System of Georgia 270 Washington Street, SW Atlanta, Georgia 30334-1450 riginal Messagem From: Houston I) Davis Sent: Tuesday, November 04, 1014 5:13 PM To: 'Mark Cate' i Subject: RE: Introductions i Mark, Having a hard time with this week and next week, Between the election this week, board member agenda prep, and our baard meeting next week, the calendar is holding me close to Atlanta. Would the afternoon of Thursday, November 13th work? i have to he in at an even! near Atlanta till mid-morning but could then head toward Nashville. With the time change, Icould be there as early as 2:00pm Cf. Houston mvoriginal Message- From: MarkCate mailt maerhillhaslemeom Sent: Saturday, November 01, 2014 11:50 AM To: Randy aoyd Cc: Mark Cate; Houston 0. Davis Subject: Re: introductions Thanks for the introduction, Randy. Houston, I've heard many greatthings aboutyou and look forward to nopeiully meellng you in person. will you be traveling to Nashville anytime soon? Sent from my iPhone wrote: On Nov 1, 2014, at 10:47 AM, "Randy Boyd" Houston, great talking with you today. Let me introduce you to Mark Cate, the governors Chief of Staff. I'll let the two of you communicate directly to arrange any possible meetings. I look forward to speaking again soon, Randy Sent from my iPhone (any typos and all bad grammar are solely the fault of the iPhones auto correct features) Will Cromer From: Will Cromer Sent: Tuesday, July 08, 2014 6:35 PM To: Christin Lotz Subject: RE: FYI No on 2 group launching Tuesday Thanks for the rundown! From: Christin Lotz Sent: Tuesday, July 08, 2014 3:46 PM To: Will Cromer Subject: RE: FYI No on 2 group launching Tuesday Will, As requested, I went to this press conference today. 1 showed up right at 2:30 and waited for it to begin, but it never did. No press showed up for the event so after 10 minutes or so of the group (grew to about 10?15) standingaround chit- chatting, they took a few pictures of themselves behind the podium. I left as the group was dispersing about 2:45. There were no remarks by anyone. Christin From: Will Cromer Sent: Tuesday, July 08, 2014 11:49 AM To: Christin Loiz Subjectgroup launching Tuesday From: Will Cromer Imailtombillhaslamcom] Sent: Tuesday, July 08, 2014 11:48 AM To: Will Cromer Subject: Fwd: FYI -- No on 2 group launching Tuesday This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. - Sent \from my iPhone Begin forwarded message: From: Mark Cate <.Qbillhaslam.eom> Date: July 8, 2014 at 6:35:02 AM CDT To: Bill Haslam .Qbillhaslam.com>, Will Cromer billhaslam.com>, Leslie Hefner Alexia Poe erbert Slatery abject: Fwd: FYI -- No on 2 group launching Tuesday 3 Sent from my iPhone Begin forwarded message: From: John Crisp Date: July 7, 2014 at 10:29:30 PM CDT To: Stephen Susano Paul Bennecke Kim Kaegi Mark Cate Eggbillhaslamconp ject: FYI -- No on 2 group launching Tuesday http: Breaking News: Kick-off of ?Vote NO on 2" Committee to Be Announced Tomorrow - BY BHORNBACK - JULY 7, 2014 Tomorrow July 8, 2014 at 2:30 pm. Central Time at the War Memorial Plaza in Nashville a press conference will be held to announce the statewide organization for the ?Vote NO on 2" campaign. In the event of inclement weather it will be held indoors of Legislative Plaza. It is expected that the committee?s State Coordinator: John Avery Emison, will announce the grassroots organization of statewide scope that will oppose adoption of Amendment 2 on the Nov. 4 ballot the so-called judicial amendment. Emison will also introduce the men and women who will lead the effort. The committee will urge voters to reject this amendment again. Emison will say Voters rejected a similar amendment in 1978, and the committee believes voters will reject it again this year, and for the same reason: People don?t want to give up their right to vote. It is expected that Emison will say, In the words of the proponents of Amendment 2: ?Passing this Amendment will bring clarity, certainty and new accountability to the selection process for the Supreme Court justices and other appellate judges in our State.? This ambigupus and 4 incomplete statement represents much of what is wrong in government today at all levels. Article VI, Sec. 3 of the Constitution of Tennessee makes the following unmistakable statement: ?The judges of the Supreme Court shall be elected by the quali?ed voters of the state.? It?s dif?cult for most people, except perhaps the judges who directly bene?t, to misunderstand or twist those words. And the words don?t change whether you are Dean of the Harvard law school, or simply a Tennessean in the voting booth. The words of our Constitution plainly say: ?The judges of the Supreme Court shall be elected by the quali?ed voters of the state.? Ironically, the proposed Amendment asks voters to delete this clear sentence and replace it with confusing language that con?icts with other provisions of the Constitution, thus assuring additional litigation that the proponents tell us won?t happen. Emison is expected to say, The real truth behind Amendment 2 is the belief that the Governor is able to pick better judges than the public. This is nothing less than an argument against self-government, and a slap in the face of the Governor?s own supporters. If the people are quali?ed to elect the Governor, why aren?t the voters who supported him equally quali?ed to elect the Supreme Court, and other appellate courts? The answer is, ?Of course, they are.? Emison is expected to say, We believe a court system of elected judges is a better court system than appointed judges. One has only to look at the con?ict, confusion, and lack of accountability to the public that is clearly evident in the Federal court system where all judges are appointed. We believe most Tennesseans agree that our system of electing judges is far superior to the way they do things in Washington. So, our message is simple: Don?t give up the right to vote. Protect the Constitution. Vote NO on 2. Emison is expected to say we have here today a great group of people who represent the entire political spectrum and re?ect the great geographic and racial diversity of Tennessee: Honorary eo-chairs: Sen. Frank Niceley, Rep. Judd Matheny, Sen. Reginald Tate Steering Committee: East Tennessee Sen. Frank Niceley, Strawberry Plains Sabrena Turner, Chattanooga Middle Tennessee Rep. Judd Matheny, Tullahorna Dr. Shaun Crowell, Spring Hill Dr. Lee Douglass, Nashville Hillary Pate, Nashville Kevin Thompson, Franklin West Tennessee Sen. Reginald Tate, Memphis John Avery Emison, Alamo Rep. Andy Holt, Dresden Ashleigh H. Roberts From: Mark Cate Sent: Monday, April 27, 2015 9:25 AM To: