Tag Archives: David

David Kernell, ‘Palin Email Hacker,’ Finally Free

Five years after University of Tennessee student David Kernell made national headlines when he was charged with perusing through the personal email account of former Alaska Gov. Sarah Palin, then a 2008 vice presidential nominee on the Republican ticket, in search of politically damage material he never found, Kernell is a free man — truly free.
So reports the News Sentinel. More:
Although Kernell wrapped up a year in federal prison in November 2011, he remained under the supervision of the U.S. Probation Office through November 2014. But earlier this month, in one of his last acts before retiring in August, U.S. District Judge Thomas Phillips freed Kernell from that final requirement.
Phillips’ ruling came after Kernell’s defense attorney, Wade Davies, filed a motion in which he stated Kernell had paid an adequate price for what Davies’ has long termed a youthful prank, has now completed his degree at UT and qualifies for the extraordinary move to release him from supervision.
The U.S. attorney’s office did not resist the move.
And Phillips did not tarry long in making his decision.
Although Phillips is a Republican appointee and Kernell is the son of a longtime Democrat (state representative from Memphis), Phillips did not want Kernell to go to prison in the first place. When a federal jury rejected all but one felony charge filed against Kernell in the case, Phillips ordered Kernell to spend a year and a day in a Knoxville halfway house. But the U.S. Bureau of Prisons refused and instead sent Kernell, by then 22, to prison. Judges can recommend at which facility a defendant should go, the bureau makes the final call.
Although the case has been dubbed the “Palin hacker case” in the media, this was no sophisticated computer hack, testimony showed.
After reading reports that Palin may have used her personal account for official business in her role as Alaska governor, Kernell, the son of longtime Memphis Democratic state lawmaker Mike Kernell, decided to go surfing the Web in search of the answer to her password security question.
After successfully guessing the password, he changed it and posted it online along with screenshots of some Palin family photographs and a few email messages.
He declared on the 4 Chan discussion board that he had found nothing politically damaging in the account.

Haslam Finally Fills Wildlife Commission Vacancy

After the controversial removal of William “Chink” Brown from the Tennessee Fish and Wildlife Commission in February, Gov. Bill Haslam has finally appointed a replacement, reports Nooga.com
David Watson, an executive and part owner of Mountain View Ford Lincoln in Chattanooga, will serve out the remainder of Brown’s term as the District 4 representative on the TFWC. The TFWC is the governing body over the Tennessee Wildlife Resources Agency.
The 13 members have authority over hunting, fishing and boating regulations in Tennessee.
In the letter notifying Watson of his appointment, the governor wrote, “In the thorough and aggressive search for candidates, your individual characteristics and professional qualifications were exceptional among the number of nominees who expressed interest.”
Watson’s appointment will last until February 2015; however, insiders think it is possible that Watson will be reappointed for another six-year term at that point, although that is not guaranteed.

‘Common Core’ Standards Come Under Attack

By Lucas Johnson, Associated Press
NASHVILLE, Tenn. — Proponents of a new set of uniform benchmarks for math and reading say they’re needed to better prepare students for college and the workforce, but critics of the measures contend they don’t know enough about them and are concerned about the federal government’s involvement.
About 500 people registered to attend a panel discussion Tuesday night that highlighted concerns ranging from the cost to implement the common core state standards to how involved the federal government will be in developing them.
The standards, which 45 states and the District of Columbia are adopting, are described as a set of higher expectations in math and English that include more critical thinking and problem solving to help better prepare students for global competition.
Under the standards, new tests are expected to replace the current TCAP tests in math and English next year to better measure student learning.

Continue reading

Lawmakers Approve Changes to State Retirement System

The House has approved and sent to the governor for his signature a bill that changes the pension system for state employees and teachers hired after July 1, 2014.
Drafted by state Treasurer David Lillard, SB1005 would create what is described as a “hybrid” between the present defined-benefits plan, which guarantees retirees a fixed pension based on years of service and earnings, and a defined-contribution plan, which has no guaranteed benefit level.
The bill passed the Senate 32-0 and won 71-16 approval in the House. All no votes came from Democrats.
Explaining his no vote, House Minority Leader Craig Fitzhugh praised the proposal as well designed, but said it is simply not needed in Tennessee because the state retirement system has adequate funding — unlike those in many other states.
But Lillard and sponsors of the bill — Sen. Randy McNally, R-Oak Ridge, and Steve McManus, R-Cordova — said long-range projections show the Tennessee Consolidated Retirement System could face problems and the legislation will head them off, without affecting current state workers and teachers.

Andrea Zelinski has details on the legislation:

Continue reading

Bill Lets Counselors Reject Clients Based on Religious Beliefs

Legislation declaring that student counselors can reject clients with religious beliefs differing from their own is advancing over the objections of psychology professors who say the bill is counter to the profession’s ethical code and could threaten academic accreditation.
The bill (SB514) is similar to a Michigan law enacted last year after courts upheld the dismissal of Julea Ward from an Eastern Michigan University counseling program when, based on her Christian beliefs, she refused to counsel a homosexual student.
The bill is pushed by the Family Action Council of Tennessee, a Christian activist organization headed by David Fowler, a former state senator from Signal Mountain.
The measure declares that public colleges and universities “shall not discipline or discriminate against a student in a counseling, social work, or psychology program because the student refuses to counsel or serve a client as to goals, outcomes, or behaviors that conflict with a sincerely held religious belief of the student, if the student refers the client to a counselor who will provide the counseling or services.”
Dr. Brent Mallinckrodt, a professor in the University of Tennessee’s psychology program, was joined by four other past or present academicians in urging defeat of the measure in testimony before the Senate Education Committee.

Continue reading

Legislators to Vanderbilt: No ‘All-Comers’ Policy of No Police

Tennessee lawmakers on Tuesday revived an effort to pressure Vanderbilt University to drop its controversial nondiscrimination policy for student clubs, reports Chas Sisk — this time with an attack on the school’s police powers.
A pair of Middle Tennessee lawmakers said they will press ahead with a bill that would strip the Vanderbilt University Police Department of state recognition unless the school abandons its “all-comers” policy. That policy requires university-sponsored clubs to follow its rules against discrimination based on race, ethnicity, religion, gender or sexual orientation.
The bill would defy the wishes of Gov. Bill Haslam, who vetoed a measure last year that attacked the all-comers rule from a different angle. Backers said the new measure would stand a better chance of holding up in the courts and protect students from arbitrary use of police power to break up protests against the policy.
“Who will hold Nicholas Zeppos accountable?” said David Fowler, president of the Family Action Council of Tennessee, referring to Vanderbilt’s chancellor.
But university officials said the measure flies in the face of efforts to tighten security in the wake of mass shootings. Without state recognition, Vanderbilt’s police effectively would become security guards, they said.
“I just find it unbelievable,” said August Washington, chief of the Vanderbilt University Police Department.
Senate Bill 1241/House Bill 1150, sponsored by state Rep. Mark Pody and state Sen. Mae Beavers, would take police powers away from any university that has adopted policies that “discriminate” against religious student organizations. Seventeen universities in Tennessee have their own police departments.
But it is geared toward Vanderbilt, which has implemented a rule requiring recognized student groups to follow school policies that bar discrimination.

Bill Requiring Prescription for Pseudoephedrine Off Notice

Legislation requiring a prescription to buy some cold medications has been stalled in a House subcommittee as lawmakers seek a middle ground between law enforcement officers pushing the proposal as a means to combat methamphetamine production and pharmacists opposing it as an unnecessary inconvenience to consumers.
The bill (HB368) would apply to Sudafed, Advil Cold and other products containing pseudoephedrine, which is used in illegal production of methamphetamine. Sponsor Rep. David Hawk, R-Greeneville, told the House Criminal Justice Subcommittee last week the measure is needed because previous legislative efforts — including harsher penalties for meth producers and a record-keeping system for sales of the medications — have not worked to control meth.
“The cost to society is millions and millions of dollars,” he said. “Families are being destroyed. People are dying because of this.”
Oregon and Mississippi have mandated that “meth precursors” be sold by prescription only, Hawk said, and meth production in those states has declined “dramatically.”
But with Hawk’s assent, the subcommittee chairman, Rep. Tony Shipley, R-Kingsport, announced the bill is being “taken off notice” and will be held without action while alternatives are explored. Shipley said he and other legislators met with Tennessee Bureau of Investigation officials, who support the measure, and “we were not persuaded this is the approach we need to take.”

Continue reading

Lillard Outlines Plans to Change State Pension System

By Lucas Johnson, Associated Press
NASHVILLE, Tenn. (AP) — Tennessee’s treasurer said Monday that he wants to overhaul the state’s public retirement system to cut costs and ensure it can pay out benefits for years to come.
David Lillard said he will propose legislation laying out the overhaul, even though Tennessee’s public pension system is faring better than those in most other states. Changes to the Tennessee Consolidated Retirement System will only apply to state employees, higher education officials and teachers hired after July 1, 2014, Lillard said at a news conference. The retirement benefits of those currently in the system won’t be affected.
The state is doing better than its peers with similar plans, but earnings of the Tennessee plan have fallen short of expectations over the past several years, he said. The changes are needed because it’s uncertain how much money the retirement system’s investments will yield in the future, Lillard said.
He said that in 2003, taxpayers spent about $264 million a year to support the system. As of last year, that number had grown to $731 million, he said.
“Based on projections we have seen, the cost could go up by one-third or more over the next 10 years if changes aren’t made, which would push the taxpayers’ total annual expense above $1 billion,” said Lillard, adding that at least 45 states have enacted some type of pension reform in the past few years.

Continue reading

Treasurer Pushes Change in State Retirement System

Tennessee may be contributing much less to state employee retirement accounts in the future based on a state plan to convert to a defined contribution plan, reports the Commercial Appeal.
State Treasurer David Lillard will unveil details of his proposed revisions to the state pension plan Monday, and the state legislature will consider the changes with bills sponsored by Rep. Steve McManus, R-Memphis, and Sen. Randy McNally, R-Oak Ridge.
Lillard’s proposal will change — for future hires only — the pension plan from a defined-benefits plan to a hybrid plan that includes elements of defined-benefits and defined-contribution programs.
Defined-benefits plans guarantee retirees a fixed pension benefit based on their years of service and earnings, while defined-contribution plans do not have guaranteed payment levels but rather specified contribution levels by the employer. The benefit payments may rise and fall with their underlying investments.
The state’s pension plan is part of the Tennessee Consolidated Retirement System, established in 1972 and which today covers state government workers, employees of the state’s public higher education system, local public school teachers statewide and employees of about 485 towns, cities, counties, utility districts and other local entities that choose to participate in the state-run plan. All nonstate entities pay their own costs.

Comptroller, Secretary of State Treasurer Re-elected, Praised

Joint news release from House and Senate Republican Caucuses:
(NASHVILLE) – In a joint session of the Tennessee Senate and the Tennessee House of Representatives today members unanimously re-elected Secretary of State Tre Hargett, Treasurer David H. Lillard, Jr. and Comptroller Justin P. Wilson. Secretary Hargett will serve his second four-year term, while Treasurer Lillard and Comptroller Wilson will each serve two-year terms. All three were originally elected to their posts by the General Assembly in January, 2009. Treasurer Lillard and Comptroller Wilson were re-elected to their second two-year terms in January, 2011.
Senate and House leaders congratulated the Constitutional Officers today, and released the following statements:
“While many Tennesseans don’t know what they do, the constitutional officers are really the unsung heroes of state government. They work – often behind the scenes but sometimes in the harsh glare of the media spotlight – to make sure that our state’s investments are managed properly, that public employees have a financially sound retirement system, that taxpayer money isn’t wasted, stolen or misused at the local or state levels of government, that local governments get the assistance they need to be successful in various levels of their operations, that our elections run smoothly, that our public libraries have the support they need to provide excellent service to Tennesseans. Tennesseans are lucky to have leaders like Comptroller Wilson, Treasurer Lillard and Secretary of State Hargett overseeing these essential services of state government.” -Lieutenant Governor Ron Ramsey
“Tennessee is in excellent financial condition – and the work of our three constitutional officers has played no small part in that. As members of the State Funding Board, they set revenue estimates that are used by the governor, his staff and members of the General Assembly for budget planning purposes. They also appear regularly before the major rating agencies that determine how strong Tennessee’s credit ratings will be. They also provide helpful advice and information to help members of the General Assembly do their jobs better.” -House Speaker Beth Harwell
“I am very proud of the work Treasurer Lillard, Comptroller Wilson and Secretary of State Hargett have done over the last four years. They have made many major improvements to make Tennessee state government work more efficiently and effectively which benefits all Tennesseans. All three of these public servants are well deserving of another term in office.” -Senate Majority Leader Mark Norris
“Reforming government is something that’s easy to talk about, but difficult to do. These three constitutional officers have spent the last four years challenging traditional thinking about the way their offices should operate and, as a result, their offices are operating more efficiently and effectively than ever before. They have made the offices more accessible by making more services available over the Internet and have found ways to maximize the productivity of their employees.” -House Majority Leader Gerald McCormick.