SORE LOSER: Former U.S. Rep. David Davis reportedly destroyed TNH-1 constitiuent records

The Case Of David Davis, Phil Roe, And The Destroyed Documents
http://www.tricities.com/tri/news/local/article/the_case_of_david_davis_phil_roe_and_the_destroyed_documents/23095

By NATE MORABITO
Reporter / WJHL
Published: April 17, 2009

Jim Harrison of Johnson City is still trying to resolve a worker’s compensation misunderstanding with the federal government. Like many people who need help solving a federal problem, Harrison says he first asked his representative to lend a hand back when David Davis was at the helm. However, the government came knocking at his door again this year. So, Harrison called his new congressman, Phil Roe, but he quickly realized most of his original worker’s compensation documents filed with Davis’ office were now gone.

“I just contacted the office and they said that the files had been done away with,“ Harrison said.

First District Congressman Roe’s Chief of Staff Andrew Duke says at least 700 others are now in the same situation.

“In the past, outgoing members in this district sent letters and gave their constituents the option to sign a consent form and transfer their files to the new member,“ Duke said. “That did not happen here.“



Former U.S. Rep. David Davis (center) sharing a laptop with then soon-to-be
Congressioal Press Secretary Timothy Hill (seated) during Election Day 2006.

Upon leaving office, a congressman gets to decide the future of the constituent cases his office was in the process of investigating. If constituents do not give consent to transfer their files on to the new congressman, the government destroys them.

Roe’s office sent the text of a letter sent by former Congressman Bill Jenkins back in 2006. According to that letter, Jenkins gave his constituents the chance to transfer their files.

“As you may know, I will be retiring form Congress at the end of this year,“ the letter reads. “It has been a pleasure serving the people of the First District. Member-elect David Davis will be representing you. If you would like him to continue working on your case and retain your file, please sign and return the enclosed authorization to the address on the form. If I do not receive your authorization by December 8, 2006, your records will be destroyed.“

Why didn’t David Davis send a similar letter?

(...more at hyperlink above)

Davis discarded files instead of giving them to Roe
http://www.timesnews.net/article.php?id=9013424
By Hank Hayes
Published April 25th, 2009

Transferring constituent case files from an outgoing member of Congress to his successor happens but sometimes “is not politically desirable,” said a 2003 report done for the Congressional Research Service (CRS).

Former U.S. Rep. David Davis chose to discard his old 1st Congressional District case files and not give them to his successor, current U.S. Rep. Phil Roe — who turned away Davis’ re-election bid in the 2008 GOP primary.

A Davis-Roe rematch could very well happen in the 2010 GOP primary, as Davis has been maintaining his visibility by attending county Republican Lincoln Day dinners throughout Northeast Tennessee’s 1st Congressional District, which hasn’t sent a Democrat to Congress since the 19th century.

Davis, a former state representative and health care business owner, also made the keynote talk at the recent “Tea Party” event in Kingsport protesting federal government spending and corporate bailouts.

He hasn’t publicly disclosed his future political aspirations, although his campaign Web site (www.rightforcongress.com) is still active.

Davis’ Federal Election Commission campaign account also continues to take in money, as he listed $4,900 in contributions during this year’s first quarter.

In a news release featuring his former campaign logo, Davis cited the federal “Privacy Act” as the reason for not turning those constituent files over to Roe’s office.

According to the House Ethics Manual, those records can be disclosed to members of the House or Senate.

“Historically, however, communications between (congressional) members and constituents have been considered confidential and should generally not be made public without the constituent’s consent,” the manual said.

Roe, in a letter sent to Davis during the transition period, asked for his constituent case files and other legislative documents.

(...more at hyperlink above)

U.S. Code collection -  LII / Legal Information Institute
TITLE 5 > PART I > CHAPTER 5 > SUBCHAPTER II > § 552a
§ 552a. Records maintained on individuals
http://www4.law.cornell.edu/uscode/5/552a.html

(b) Conditions of Disclosure.—  No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be—

(1)  to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties;

(2)  required under section 552 of this title;

...

9)  to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;