Sexton defends residency, per diem

Speaker of the House Cameron Sexton says his home is Cumberland County, though he defends the need for a second residence in Nashville.

“As speaker, I am in Nashville more frequently, but that doesn’t mean that I’m not here in Crossville,” Sexton said Friday. 

Friday, the Cumberland County and Putnam County Democratic Parties called for Sexton to resign from his elected post, saying that he does not meet the state’s constitutional requirement that state representatives be “duly registered” voters of the district they represent.

The 25th District includes all of Cumberland County and a portion of Putnam County.

Questions about where Sexton lived began circulating on social media following online reports by Popular Information regarding Sexton’s residence in Nashville.

Property records show Sexton owns a townhome in Cumberland County, purchased in July 2020. He and his family sold their home in Homestead Place in October that year.

Sexton, who was elected speaker in August 2019, said the family purchased a townhome in Nashville in September 2021. 

That property is listed as being owned by a trust.

Sexton insists he does not live in Nashville year-round.

“When session ends, we’re back almost as quickly as it’s over. I’m here all summer. I do travel quite a bit, but I’m in Crossville,” Sexton said of his schedule.

Sexton said he and his family are in Crossville on weekends, during school breaks and over the summer. They regularly attend Central Baptist Church. His daughter played in the Upward basketball league this past fall, and Sexton volunteered as a referee for the local athletic league.

He did not respond to a request for comment regarding the call for his resignation by press time Monday.

Anne Ferrell Quillen, chair of the Cumberland County Democratic Party, and Putnam County Democratic Park Chair Tim McPherson expressed concerns Sexton’s ability to represent the district.

“Even if it’s determined Sexton merely violated the ‘spirit’ of the residency requirement, his absence from the district means he and his family don’t experience the consequences of his actions or failures to act in the House. But, those of us who live here do,” Quillen is quoted as saying in the press release.

She pointed to issues regarding a new school funding formula approved by the General Assembly, state funding for privately operated charter schools, and issues of health care access, particularly in rural areas.

“The healthcare situation here would improve if the Tennessee General Assembly would accept federal funding to provide health insurance benefits to many in the county and around the state,” Quillen wrote. 

“The House, however, refuses to even bring the issue to the floor for a vote.

Residency Questions

Under Tennessee Code Annotated 2-2-122, residence is “that place in which the person’s habitation is fixed, and to which, whenever the person is absent, the person has a definite intention to return.”

In addition to his work as Speaker of the House, Sexton is employed by One Bank of Tennessee in business development. One Bank has branches in Cumberland, Putnam, Fentress, White, Morgan, Scott, Anderson, Roane and Overton counties.

Wife Lacey Sexton owns a pharmaceutical consulting company which, according to the Tennessee Secretary of State’s business registration, lists a Crossville address. This business does require some travel, Sexton told the Chronicle.

Their daughter is enrolled in a private school in Nashville.

Under the law, people can have only one legal residence. This is typically the place where a person’s spouse and family live and the address used for driver’s licensing or voter registration. 

Other factors include the possession, purchase or surrender of inhabitable property, location of work, payment of taxes, and the purpose of a person’s presence in a particular place.

The statute also notes that someone does not lose their residence if they leave for another location — whether in another part of the state, another state or another country — if they have a definite intention of returning. Nor do individuals lose their residency while working in service of the state or country, while serving in the military, while attending school or while imprisoned or kept in an institution at public expense.

Public records did show 2022 property taxes unpaid for both the Crossville and Nashville properties — the Crossville taxes were paid April 11 but were due by Feb. 28. 

The records indicate the 2021 taxes on the Crossville property were also delinquent. 

Those are all being brought up to date, Sexton told the Chronicle.

Sexton said he often must remain in Nashville for a few weeks after the close of the session to sign bills or attend to other duties, and there are often meetings in December that lead up to the new session starting in January. 

He also meets with people in Nashville throughout the year, and he travels to other districts in the state.

According to state records, Sexton worked 16 days in January 2023, both for office work and meetings and for legislative sessions. 

Outside of session, there are occasional meetings and duties to attend to in Nashville. 

Last year, he reported a high of 19 days of legislative work in March to three days of legislative office work in June and July.

It’s not an unusual situation for the speaker to own a residence in Nashville, Sexton claimed. 

He pointed to former Speaker Jimmy Naifeh, who served as speaker from 1991-2009, and former Gov. Ned McWherter, who was speaker from 1973-1987. Both hailed from West Tennessee several hours outside Nashville but had residences in the city.

Per Diem Payments

Sexton does receive a per diem payment for each day he works at his Nashville office. That rate, tied to the Nashville lodging rates, is $313 per day and is intended to defray the cost of attending legislative sessions or conducting state work. It is a tax-exempt payment.

So far this session, Sexton has turned in $14,085 in per diem. Last year, he collected $35,369.

As speaker, he is paid a salary three times that of a member of the House — about $72,000 a year.

Representatives submit per diem payments ranging from a few thousand dollars for representatives from the Nashville area to upward of $50,000 for some lawmakers.

Representatives whose primary residence is within 50 miles of Nashville are paid a lower rate. 

Sexton said he isn’t paid a per diem for travel to other representatives’ districts or events outside the capitol — only for days he works in his office in Nashville.

“I have assistants and staff, and that’s all on me,” Sexton said of his commitments as speaker compared to that of a member of the House. “You have HR issues and management issues you have to do.

“You try to be as efficient as you can, but have staff who support it.”

Sexton is typically transported via state vehicle, so he has not submitted mileage for reimbursement since being elected Speaker of the House.

Election Challenges

Questions of residency often end up before local election commissions, which can hear the dispute or refer the matter to chancery court.

A 2015 case from Roane County challenged if a candidate for 9th Judicial District Circuit Judge met the one-year residency requirement of the state constitution. 

Michael S. Pemberton had grown up in Roane County, which was part of the judicial district, but had lived and worked in Knox County for several years. 

In July 2013, the family moved to a home on the lake in Roane County and, in February 2014, Pemberton filed a petition to run for the judicial office.

A voter of the district complained to the election commission. The commission, in April, ruled Pemberton met the criteria for residency and certified him for the ballot. They considered items such as utility bills for each home, receipts for moving, his driver’s license and vehicle registration, and his voter registration.

The voter appealed, but the case was dismissed from chancery court after the judge ruled he lacked standing.

Pemberton went on to win the election. His opponent filed an election challenge following the August general election on the grounds of residency. 

The case was dismissed for being filed outside the 60-day statute of limitations for appealing a decision of the election commission.

That decision was upheld on appeal.

In 2012, the Tennessee Court of Appeals ruled a woman ineligible to seek a state representative office due to the residency rules. 

The woman and her family occupied a home where the parcel was split between Knox and Anderson counties. The mailbox was in Knox County, and this was the address used for vehicle and voter registration, and the woman’s driver’s license. She even served on jury duty in Knox County. 

But the house, according to state tax maps, was in Anderson County, which is where property taxes were paid.

In that case, the court held, “There is abundant evidence in the record of the candidate’s many connections to Knox County and her lack of connections to Anderson County, other than the possible location of her house in, and payment of property taxes to, that county … The trial court did not discount the candidate’s intention to be a Knox County resident or her believe that she is a Knox County resident. 

“However, the trial court made a finding of fact, based on the evidence presented by stipulation, that she is a ‘resident of Anderson County.’”