The Knox County law director has found little evidence to support an ethics complaint against two Knox County commissioners who played a round of golf on an ambulance provider's team, a report shows.
Bud Armstrong and an investigator have worked several months on the review of Charles Busler and Bob Thomas.
Richard "Bo" Bennett, who filed it in late September with the Knox County Ethics Committee, said Thursday he understood that the complaint first was to go the committee for consideration before proceeding to Armstrong.
"There are all kinds of things you can argue -- whether the proper process was followed," said Bennett, previously a candidate for Busler's seat who now is running for to be Knox County Circuit Court clerk.
He added he'd been interviewed twice by an investigator and thought the investigation had been fair.
Busler and Thomas have told 10News they didn't think they did anything wrong in playing in the golf game and later taking part in a vote about the county's ambulance service.
Related: Busler, Thomas respond to complaint
Bennett alleged that Busler and Thomas violated the county's ethics policy and potentially state law last August. They played a round of free golf during the Knoxville Open tournament, and then took part about two weeks later in a discussion and vote about renewing the county's ambulance service.
American Medical Response, or AMR, as it's known now, has the county contract and sought last summer to exercise an option to extend service for five years.
The investigation report obtained by 10News showed the men had been invited to play by John Mills of Priority Ambulance, which provides ambulance service in other parts of the Knoxville area and is viewed as an AMR rival.
Priority provided an ambulance at no cost to help the tournament, held at Fox Den Country Club at what's often one of the hottest times of the year. In return, the tournament comped them with a chance to name four people to play as a team in the pro-am.
Some men who regularly play weren't able to in August, according to the investigation. Mills started to run out of options, according to the investigation.
Related: Commission renews AMR contract
"Mills said he decided to contact Thomas and Busler because he thought it was a good idea to have government/county representatives to play in the tournament because it brought good exposure to the tournament, which would hopefully translate into more money for local charities," the report states.
Thomas and Busler were reluctant but agreed, Mills told investigator Terry Moran.
Priority wasn't a golf tournament sponsor, according to Armstrong. It donated no gifts to the tournament and paid nothing for the team.
Players got vouchers for gifts that had been donated and were available in a tent at the tournament. Busler and Thomas used the vouchers.
Thomas said he later sent a check for $500 to the American Red Cross as compensation, reflecting what some say was the value of the gifts.
Mills, however, said he couldn't put a value on the gifts because everything was donated.
About two weeks later, Busler and Thomas took part in a commission discussion about the county's ambulance service.
AMR wanted to exercise an option to continue its service. Under the county contract, it had the right to seek that from Knox County. County staff recommended it.
Busler objected, raising concerns about AMR's billing and service. In a subsequent, sometimes heated meeting, commissioners voted 7-4 to approve the extension with Thomas, Busler and two other commissioners voting against it.
Armstrong, in a memo submitted to members of the county Ethics Committee, said he found no violation of state statutes in the commissioners' participation in the golf game.
Bennett stated in his complaint that Thomas and Busler enjoyed not only the $500 voucher benefit but also free team play. Altogether he estimated that benefit to be about $2,375 per person.
"He implies (but does not specifically allege) that they voted against an earlier than normal renewal because they have a financial interest in the proposition that Priority Ambulance and other ambulance providers would be being given the opportunity to publicly and openly bid on an ambulance contract for 2019," Armstrong's memo notes.
The law director wrote that the ethics policy states there has to be more than just "the isolated receipt of a gift."
"The receipt of the gift must be accompanied by the giver's intent to influence the officer's vote, and the recipient receive a direct financial benefit," he wrote.
The Ethics Committee meets 8:30 a.m. Feb. 14 in the Main Assembly Room of the City County Building.
The committee has the option of holding a hearing about the complaint, Armstrong notes.
