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Senate Aide Fired, Caught Doing Political Work on State Time

An aide to Sen. Ophelia Ford was fired Tuesday in the wake of a TNReport story that showed him apparently conducting political work while collecting his state paycheck.

“As of today, Derek Hummel’s employment with the Tennessee General Assembly has been terminated,” Office of Legislative Administration official Tammy Rather told TNReport via email.

Hummel had been executive secretary for Ford, D-Memphis, since April, drawing a $30,468 annual salary. He’s also been working for the Phillip North campaign, a Democrat locked in a tight race against Republican Steve Dickerson for a Davidson County state Senate seat.

Over the past three months, Hummel had apparently been conducting political activities during state business hours on his state-issued computer, according to phone records, Facebook postings and documents reviewed by TNReport.

Hummel had identified himself as field director for the Phillip North for State Senate campaign. Hummel was paid $625 in September by the North campaign, according to campaign finance filings released last week.

Attempts to reach Ford have been unsuccessful. A call and an email to the Phillip North campaign have now gone unreturned for more than 48 hours.

Hummel abruptly hung up on TNReport on Monday.

TNReport will update this story if we hear back from any of those we have contacted.

According to a state law called the “Little Hatch Act,” state employees are prohibited from “engaging in political activity not directly a part of that person’s employment during any period when the person should be conducting business of the state.” The law mirrors the federal Hatch Act.

Examples that suggest Hummel may have been conducting political activities while collecting a state paycheck include:

+ Under a Tennessee Democratic Party Facebook post, Hummel on July 25 at 10:07 a.m. urged readers to sign a political petition. Records signed by Hummel show he was working for the state that day between 8 a.m. and 4:30 p.m.

+ Under an ‘Americans Against the Tea Party’ Facebook post, Hummel on July 26 discussed a Tennessee Democratic Party petition at 11:15 a.m., 11:19 a.m. and 12:51 p.m. Records signed by Hummel show he was working for the state that day, again 8 to 4:30. On one of those posts he made during business hours Hummel mentioned how an intern for the Democratic Party had drafted the petition dictated by him “because, by state law, we can’t meddle in politics during business hours.”

+ During a phone call taken by Hummel on a non-state cell phone — a recording was provided to TNReport from someone who said they made the call on Sept. 24 during work hours — he talked about working throughout the week on ‘get out the vote’ efforts in his role as field director for the North campaign. State records show he was paid by the state for working that day.

+ On a Tennessee Democratic Party Facebook post that links to North’s views on a Nashville school issue, Hummel commented on Sept. 18 at 3:48 p.m. State records show Hummel was paid by the state for working that day.

+ On a ‘North for Senate’ Facebook post on Sept. 21 at 4:21 p.m., Hummel’s cell phone number was posted with a message asking volunteers to call. State records show that Hummel was paid for working that day.

+ On Hummel’s desk and on web browser tabs on his state desktop computer, TNReport last week observed campaign documents connected to the North campaign and campaigning in general. (TNReport did not open any desk drawers or search the computer other than to look at the tabs that were open on the computer screen.)

It is not uncommon for staffers in the Tennessee General Assembly to participate in political work, but it is common practice for those staffers to provide notice to the Senate’s chief of staff or to Legislative Administration officials saying they are taking hours off, days off, or a leave of absence for that political work.