While Metro Nashville stopped short of answering the public records request filed by The Tennessee Star by providing justification for appropriating nearly $1.5 million in grants for two pro-illegal immigrant nonprofits, the 51 documents provided by Metro include an email chain where Metro Clerk Austin Kyle told the Metro Department of Finance, “We do not have any of the records related to these grants on file.”
The email was sent by Metro Clerk Austin Kyle on June 8, just days after The Star sent press inquiries to the clerk’s office and Mayor Freddie O’Connell seeking documents, which Tennessee Code Annotated (TCA) 7-3-314(b) states must be filed by nonprofits seeking grants from metropolitan governments, to explain the mayor’s request to appropriate $735,000 for the Tennessee Immigrant and Refugee Rights Coalition (TIRRC) and Tennessee Justice for Our Neighbors (TNJFON).
“My office has been receiving public records and media requests regarding two grants proposed in the Mayor’s budget,” wrote Kyle in his June 8 email.
Kyle then revealed his message was seemingly motivated by Michael Patrick Leahy, the editor-in-chief of The Star, who told the clerk that he intended to visit his office to review documents submitted by TIRRC and TNJFON, citing TCA 7-3-314(b), which states that a report containing such submissions “will be open for public inspection during regular business hours of the clerk’s office.”
The Metro Clerk wrote in his email to Metro Finance, “However, we do not have any of the records related to these grants on file. Would it be possible to get the records filed with us today, as they have stated that they will be visiting my office today to review the filings?”
In her response, Fox told the clerk that the mayor’s proposals were a continuation of previous grants, indicating that the new grants would be paid from the Metro budget rather than from federal dollars sent to Nashville under the Biden-era American Rescue Plan Act (ARPA).
She additionally claimed to Kyle that the $1.5 million in grants for TIRRC and TNJFON were not subject to TCA 7-3-314(b), but instead only by TCA 7-3-314(c).
“Austin, in addition to pulling the previous grants for TIRCC and TJON and telling the requestor that the Mayor’s Office will essentially be renewing these grants but with a different source of funding (the funds coming from the Mayor’s budget, instead of ARPA), you can tell them that the grant referenced in the email is a direct appropriation in the Mayor’s budget, addressed by T.C.A. § 7-3-314(c) (not (b). T.C.A. §7-3-314(b), cited in the email, generally deals with grants approved by resolution of Council,” wrote Fox.
She told Kyle, “After Council approves the budget reflecting the appropriation, Metro enters into a contract with the nonprofit addressing use of the funds, which is filed with the Metro Clerk.”
Though TCA 7-3-314(c) states that a list of nonprofits awarded appropriations should be published by metropolitan governments, it does not appear to reverse, invalidate, or supersede the earlier section of the statute.
Because the documents provided to The Star by Metro are formatted for Microsoft Outlook, they also reveal that Kyle began drafting another response to Fox but did not send the email before the completion of the Tennessee Public Records Act (TPRA) request.
It is unclear how Fox received the inquiry from the clerk, as Kyle had sent his original email to the Metro Department of Finance at 8:59 a.m. on June 8. Fox somehow received this email and sent her response directly to the clerk at 12:50 p.m. on the same day.
Fox notably provided the response about three weeks after her boss, Metro Director of Law Wally Dietz, announced his retirement in May. While Dietz announced his retirement on May 14, he will remain in his position until July 16. His replacement will be Tyler Yarbro, the spouse of State Senator Jeff Yarbro (D-Nashville).
The Nashville Banner recently described Dietz as “an unexpected major voice for Nashville” during the Trump administration.
The outgoing legal director told the outlet, “I think Trump is shredding the Constitution and making a mockery of Christianity.”
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Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
Photo “Nashville City Hall” by Luckiewiki. CC BY-SA 4.0.
