Open Records Plaintiff Arrested As Case Moves Forward – Attorney Believes No Coincidence
Jefferson County resident Clarice Albright Gunn, of Strawberry Plains, has been charged with one count of Election Law Violation of Campaign Communications, according to information provided by the Tennessee Bureau of Investigation Media Contact Susan Niland. Originally, the TBI had issued a press release that was reported by several media sources stating that Clarice Albright (Gunn) had been indicted by the Jefferson County Grand Jury during a session earlier in May. However, that information proved to be incorrect, as no Grand Jury had convened in early May. Rather, Albright (Gunn) had been issued a summons on May 6, 2015.
In question is a letter that was dated July 17, 2014 concerning certain political candidates that were running for election in the local August 7, 2014 election. The letter endorsed candidates in around half of the contested districts in Jefferson County and was sent from 45 individuals from various districts in Jefferson County. Clarice Albright (Gunn) was listed as one of those 45 names on the letter. The issue of concern is the lack of identifying information regarding who paid for the letter, which according to the summons, was left off of the communication and is necessary to meet TCA 2-19-120.
According to Niland, of the TBI, the letter was brought to the attention of the TBI and a request to investigate was issued from 4th District Attorney General James Dunn. According to information provided, on November 10, 2014 an investigation began concerning the letter, which was received by a Jefferson County resident in July though the complaint was filed in November. The TBI declined to divulge the name of the resident that initially filed a complaint with the District Attorney General. During the course of the investigation it was discovered that Albright (Gunn) had paid for the printing of the letter that was printed and sent by Burns Printing in Knoxville, a full service printing and mailing company. Albright’s (Gunn) marketing consultant at the printing company confirmed that payment was received for the letter in question from Albright (Gunn), though she could not divulge the manner of payment. When questioned regarding the lack of disclosure on the letter the marketing consultant stated that they (Burns) are not held to the same standard as a typical media outlet but that it was a “good idea” to include payment disclosure. The mailing department of Burns confirmed that they do have a bulk mailing account and that payment for that service is paid directly to the USPS but, again, could not confirm the method of payment on the account. However, they did state that the number of mailings was significantly less than the 12,000 cited in the summons.
Clarice Gunn and husband John Gunn, along with several other citizens, are plaintiffs in a legal suite against the Jefferson County Chamber of Commerce and EDOC regarding open records. Attorney Scott Hurley, of Hurley Law Firm, Knoxville, is representing the citizens of that suit. He is also representing Clarice Albright Gunn in the most current issue. Hurley offered the following statement:
“In 2013, Clarice joined 15 other Jefferson County taxpayers in filing a lawsuit seeking to have the Chamber and EDOC ordered to open up their meetings and their records related to the use of taxpayer funds.
We believe that she has now been charged because she chose to exercise her right to speak out and ask for open government.
She has been charged with violating an election law because she sent a letter to fellow taxpayers in Jefferson County. She put her name on that letter, and it was clear to anyone who read it that she was a sponsor of the letter.
If the evidence indicates that Clarice made a technical violation of a highly technical statute, she will accept responsibility and do the right thing. However, if the evidence, when fully developed, shows that she did not make a technical violation of that statue, she will defend herself in a court of law and before a jury of her peers. And in that case, a Jefferson County jury …not the Chamber, not EDOC, and not some insider politicians will decide.
The law which Clarice is accused of violating was primarily designed to prevent multimillion dollar political action committees from out of state from anonymously flooding our State with millions of dollars of ads in an attempt to buy politicians and buy laws to favor special interests and profit seekers. We are extremely disappointed to see a 68 year old lady and horse trainer charged with a crime for allegedly violating that law, because she had the courage to speak up in support of open government and accountability in the use of taxpayer funds. Clearly, there are some who are determined to silence her efforts. Today, those parties are hiding behind a warrant signed only by a single TBI Agent.
We believe that they will not be able to hide for long.”
Hurley also addressed the misinformation that was originally released regarding a Grand Jury indictment and the confusion that Albright (Gunn) was charged more that once.
“This weekend, the Tennessee Bureau of Investigation issued a “Press Release” indicating that Clarice Gunn had been indicted by a Jefferson County Grand Jury. That press release was false. There was no indictment, and there was no grand jury. What we have here is a single arrest warrant, signed by a single TBI agent, based on a complaint that was made by some unknown, undisclosed person from Jefferson County. We will ultimately find out who is behind this charge, and the real reason it was filed. In the meantime, we will be asking the Tennessee Bureau of Investigation for a full retraction of the “Grand Jury” story and an apology for the false Press Release. And as this case progresses, we believe that the Press Release will not be the only thing that they got wrong.”
Albright (Gunn) is currently set to appear in court next month to address the charge.
