Tennessee Attorney General Skrmetti would set his own salary under House-approved bill

(Editor’s note: This is an updated version of the story. The bill allowing the Tennessee Attorney General to set his own salary is tied to state statue, which says he cannot pay himself more than an associate justice of the Tennessee Supreme Court.)

Tennessee Attorney General Jonathan Skrmetti would be able to set his own salary under a House-passed measure.

The move comes after Skrmetti failed to receive an increase of $2.8 million from the governor to hire 15 more positions in fiscal 2024-25, documents show.

The House approved the bill 73-21 Monday night, giving the attorney general authority to determine his salary and those of staff as part of an effort to make the office more competitive with the private market. Just last year, the Legislature approved $5.1 million last year for salary market adjustments and other expenses.

The bill’s sponsor, state Rep. Andrew Farmer, R-Sevierville, argued that the Attorney General’s Office needs to boost pay because of high turnover.

“Hopefully, they’ll make a career out of working for our Attorney General’s Office,” Farmer said during debate. 

Skrmetti makes $219,144 annually as part of a $69.7 million budget, $11,300 more than the previous year, according to the state’s salary website. His salary is slightly less than Gov. Bill Lee’s at $224,148, which is also based on state law along with pay for Tennessee Supreme Court justices, who appoint the attorney general.

Rep. John Ray Clemmons argued against the change Monday, saying he’s heard no complaints from attorney general staffers about salaries. The Nashville Democrat contended that allowing the attorney general to set the salaries for himself and staff “is dangerous,” especially for an appointee who has little “accountability.” 

Farmer responded that supporters of the bill “want to set the precedent. We want to set the bar high.”

Clemmons, however, said, “Setting precedent is one thing. Setting bad precedent is another.”

The Senate version of the bill sponsored by Sen. Paul Rose, R-Covington, hasn’t started moving in committees. Finance committee Chairman Bo Watson, R-Hixson, declined to comment Tuesday because he hadn’t seen the bill.

Democratic Sen. Jeff Yarbro of Nashville, though, said considering the salaries of the governor, justices and attorney general are established by statute, “I don’t know why we would provide just one official the right to set his own salary.”

A spokesman for the Attorney General’s Office declined to answer several questions Tuesday, such as how many staff members have left the office since Skrmetti took over a year and half ago for Herbert Slatery. Yarbro, though, said he doesn’t understand what the attorney general’s salary has to do with those of staff and market competition. 

“There are numerous state employees who make more than the governor makes. The attorney general can devise a methodology to pay his attorneys more than he makes, if that’s what is required,” Yarbro said.

Finance and Administration Commissioner Jim Bryson makes $264,600, and Department of Transportation Commissioner Butch Eley makes $222,984.

The Attorney General’s Office budget, with 363 positions, hasn’t stood still, jumping $20.6 million since fiscal 2020-21 when it had 348 on staff. 

The governor is recommending a $69.6 million spending plan for fiscal 2024-25, turning down a request by Skrmetti for 15 more jobs. Officially, the office had 57 vacant posts at the end of 2023.

The Legislature hasn’t shied away, either, from giving Skrmetti more staff and pay, approving $2.3 million last year for Skrmetti to create a 10-person strategic litigation unit, much of which involves filing lawsuits against President Joe Biden’s administration. Another $5.1 million was provided for salary market adjustments, including $922,000 for other types of funding.

In fiscal 2021-22, the office spent $4 million on litigation and settlements, and the previous year it spent nearly $11 million combined on special litigation, an opioid lawsuit and a Mississippi lawsuit involving the Memphis Aquifer, which provides drinking water there.

The office has $7.6 million in an “unencumbered” balance and $60.5 million in its general fund reserves and fund balance, documents show. The latter comes primarily from litigation settlements and opioid abatement work involving drug companies.

Besides dealing with opioid lawsuits and other old legal battles, the Attorney General’s Office spends a good deal of energy trying to turn back federal policies, taking on numerous cases the last two years for conservative causes.

In one of his latest filings, Skrmetti joined a coalition of 22 state attorneys general in urging the U.S. Supreme Court to uphold state authority over abortion laws. The move came after the U.S. Food and Drug Administration enacted a national elective abortion policy. The U.S. Supreme Court overturned Roe v. Wade two years ago, enabling a state law to kick in banning virtually all abortions.

“Our Constitution establishes a limited federal government that leaves most power with — and accountable to — the people. Federal agencies present special risks to that design,” Skrmetti said in a statement.

In addition, the Attorney General’s Office has spent time arguing cases deemed unconstitutional after the Legislature tried to usurp the authority of Metro Nashville over its sports authority, airport authority and fairgrounds.

Skrmetti landed a recent victory when it challenged the NCAA’s name, image and likeness recruitment ban after the association accused the University of Tennessee football program of violating its NIL guidelines.

The Eastern District Court of Tennessee granted the state’s preliminary injunction, protecting student-athletes for at least the duration of the legal fight.

“We will litigate this case to the fullest extent necessary to ensure the NCAA’s monopoly cannot continue to harm Tennessee student-athletes. The NCAA is not above the law, and the law is on our side,” Skrmetti said in a statement.

House Majority Leader William Lamberth, whose wife works in the Attorney General’s Office, declared a conflict of interest before Monday night’s fight. Yet he voted anyway, saying he supports the move to let Skrmetti set his own salary.