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| Erica Gillmore At-large |
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| Bob Mendes At-large |
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| Brenda Haywood District 3 |
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| Robert Swope District 4 ; |
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| Russ Pulley District 25 |
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| Mina Johnson District 23 |
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| Burkley Allen District 18 |
On February 6th the Council passes Resolution RS2018-1039, a resolution to establish a Special Committee to investigate the circumstances surrounding Mayor Barry's sexual affair with a subordinate and to look into travel and other expenses, including overtime expenses to determine if there was an improper use of public money.
Council Member Vercher requested a suspension of the rules to allow the resolution to be heard and no objections were made. After some discussion the resolution passed. The vote was 30 "yes," 7 "no", and no abstentions and none not voting.
by Rod Williams - The Metro Charter does not use the term "impeach" but it provides for removal from office by "ouster" or "recall."
To recall the mayor a petition must be signed by by 15% of the the qualified voters in Davidson County. That would be a difficult number to achieve. There are about 420,000 registered voters in the County so a recall petition would require a petition signed by 63,000 voters. In the election of September, 2015 which elected Mayor Barry, there were 374,209 registered voters. Of that number, 110,894 voted in that election which was 29.63% of the eligible voters. Megan Barry received 60,519 votes. (I have requested the exact number of registered voters from the Election Commission and will update this post when provided with that information.)
A notice of the intention to obtain signatures for a recall petition must be filed with the metropolitan clerk prior to
obtaining signatures of registered qualified voters and the required number of registered voters must be filed with the clerk no later than thirty days following the date the notice is filed.
Once the petition is submitted, the Election Commission will verify the signatures. If the petition does contain a sufficient number of good names, then an election will be held to elect a successor.
The recall election would not be a yes or no vote on ousting Mayor Barry but would be an election. Mayor Barry's name would automatically be on the ballot along with others who qualify to run. Like any other election, the person getting the majority wins. If Mayor Barry should win she would continue to serve as mayor. If no one gets a majority, there would be a runoff. For more information on this, see the Metro Charter sections 15.05 thorough section 15.09.
Ouster is judicial process described in state law and is available to any municipality and the process is described in Tennessee Code Annotated, sections 8. A person may be removed from office "who shall knowingly or willfully commit misconduct in office," or who fails to perform their duties or is drunk in public or does a couple other things.
The attorney general may initiate the ouster proceeding or may do so in response to a complaint, but it is up to the attorney general except when the governor directs the AG to start ouster proceedings. The AG may call witnesses and gather testimony and then he presents a case to a jury. If the defendant is found guilty, they are removed from office.
by Rod Williams - The council meeting of February 6th had lots of interesting discussion involving several very important
issues. I will summarize those first. If you are going
to actually watch the full meeting you need an agenda and the council staff
analysis. Without a program you really will not know what is going on.
To access the agenda, staff analysis and my commentary on the agenda,
follow this link.
Council moves to investigate the mayor.
Resolution 1039 was a late resolution to investigate Mayor Barry and was approved by a roll call
vote.
An objection from two members could have stopped the resolution from being considered. Several members speak in favor of the resolution stressing the obligation of the legislative branch of the government to protect the tax payers interest. Opponents argue that the TBI and other bodies are investigation the mayor and this investigation is unnecessary. Those arguments, I thought, were very lame and they were adequately countered. The motion required
30 votes to pass and got the sufficient number of votes. The
investigation will be limited in scope and look at the issue of miss use
of public funds. To watch the debate see time stamp 1:41:24 to 2:28:26. See a following post on this blog for the result of the roll call vote of 30 to 7.
Tax for Tracks passes, headed to referendum with a $8.9 Billion price tag language.
Resolution RS2018-999 is a resolution that approved a beer permit for an establishment that already has a liquor license. This is for an establishment in Germantown. Concern is expressed that this will be a beer garden type establishment that will generate a lot of business and is out of character for the community. It is approved.
Bill BL2018-1043 is a bill disapproved by the Planning Commission to rezone property at 5200 Nolensville Pike in Councilman Davette Blalock's district. On final reading a disapproved bill requires 27 votes. Only one person speaks against it. There is a roll call vote of 26 in favor, 3 opposed and 6 abstentions.
Bill BL2018-1051 removes the Adult Entertainment Overlay for a bunch of parcels in Councilman O'Connel's district. The Planning Commission has approved the bill so apparently there are no legal problems with doing this. No one speaks on it and it passes.There are 17 resolution on the agenda and they are all routine things such as accepting grants, paying settlements and approving of signs to overhang the right of way. These are the only two of interest:
Resolution RS2018-1022 spends $15.3 million out of the General Fund Reserve Fund (4% Fund) for various purchases for 15 departments. It includes $534,000 for Municipal Auditorium. With the large number of music venue's and sports facilities in town of various sizes, I question if the city still needs to be in the auditorium business. The bill is amended to take out the project that would fund the street salt bin relocation located in west Nashville over concern about the city's plan for the future use of that property. Apparently members of the Council were not consulted about this prior to the filing of the resolution. The resolution passes.Bill BL2017-790 on second reading would revisit the issue of insurance benefits provided to previous members of the Metro Council.This is deferred one meeting.
Resolution RS2018-1038 is a memorizing resolution requesting the Tennessee Department of Transportation to consider neighbors’ concerns and prioritize certain features during the improvements scheduled along Interstate 440. Included in this resolution is a request that more sound barriers be build along 1-440. As I understand it, I-440 is to have an additional lane added going in both directions. When I-440 was finally approved after being delayed for years it was supposed to be a "parkway." Originally trucks were not going to be allowed to use it, but that did not last long. In my view, no changes should be allowed to be made to I-440 without mitigating the effect of those changes to the neighborhoods though which this freeway passes. A resolution of this nature has no legal impact and just expresses an opinion. It passes on the consent agenda.
Living in Nashville and consuming local news one may not realize that the scandal involving Mayor Barry's affair with a subordinate and misuse of public funds to facilitate the affair is national news and even international news, but it is. There is not much insight to be gained from reading about it in other newspapers, most are apparently just a repackaging of The Tennessean's reporting, but it is interesting to see the twist other outlets put on the story. One source said it was like an episode of Nashville, the prime time soap opera. Others point out she is Nashville's first women mayor and her progressive politics. One source describe her as "one of the Democratic Party's brightest Southern stars."
The Story has been carried by AP, AOL.com, ABC, CNN, Fox News, The Washington Post, Fortune magazine, and UK's Daily Mail. The Daily Mail story had several pictures and video clips. Here are some excerpts from other news sources carrying the story:
The New York Times: ‘I Know That God Will Forgive Me,’ the Nashville Mayor Says. But Will the Voters?
Mayor Megan Barry, the first woman to lead this city, has been the kind
of politician who seemed to effortlessly reflect the tenor of her place
and time. Like others in booming Nashville, she is an ambitious
transplant, socially liberal but business-friendly, a non-Southerner
comfortable in a Southern context. It is a formula that has earned her
poll numbers that would be the envy of any politician.
But in recent days, scandal has threatened to dim one of the Democratic Party’s brightest Southern stars. ....
Hollywood Live: Megan Barry: 5 Things To Know About The Married Nashville Mayor Who Admitted To Having An Affair.
(more to come)
Resolution 1039 to investigate Mayor Barry was approved by a roll call vote. Watching live, I failed to get the exact vote tally, but it passed. Seven members voted "no" and none abstained. The motion required 30 votes to pass and got a sufficient number of votes. The investigation will be limited in scope and look at the issue of miss use of public funds.
By Rod Williams - The
Metro Council will meet Tuesday, February 6, 2018 at 6:30 PM in the
Council chamber at the Metro Courthouse. The hottest topic of the meetings is a resolution to launch a council investigation of Mayor Barry related to her affair and the apparent misuse of public funds to facilitate the affair. The other hot items is the mayor's
transit program. There is also a bill to spend more money on General Hospital. If you are going to watch the
Council meeting, you need a copy of the Council agenda
and the staff analysis or you really will not know what is
going on. You can get the agenda and analysis at the highlighted links.
Investigating the Mayor
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| Romantic Greece - three days and nothing to do. |
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| Romantic Greece- three nights with nothing to do. |
Nashville council may seek special committee with subpoena power to investigate Mayor Barry's travel with bodyguard.
by charter gives the council the power ... If two council members object, the resolution would not make it on Tuesday's agenda but be taken up Feb. 20 instead. ....three-fourths of the council, or 30 votes, is required to create the special committee. ... power to conduct investigations has never been invoked by the council....
This is strange. I would not expect that Mayor Barry was having a sexual relationship with more than one employee but apparently from what attorney says such is being alleged. She has hired the law firm Barrett Johnston Martin & Garrison LLC to represent her. Here is the letter from her attorney in which he denies she was having inappropriate relationships with multiple Metro employees.
WSMV News 4
NASHVILLE, TN (WSMV) -District Attorney General Glenn Funk has asked the
TBI to investigate whether Nashville Mayor Megan Barry or others
violated any criminal law, according to a statement from the D.A.’s
office.
TBI investigates Mayor Megan Barry affair for possible criminal conduct upon Nashville DA's request
by Dave Boucher, USA TODAY NETWORK - Tennessee - ... Records show the pair went on nine trips together between January and October 2017, including a trip to Athens, Greece for seven days.
Should Mayor Barry resign? Mayor Megan Barry has admitted to having an affair with the police officer in charge of her security detail. In today's climate of "me-too," if the genders were reversed it would be considered sexual harassment. It wouldn't matter if no pressure was exerted to coerce the other person to enter into the affair, the power imbalance alone would be sufficient to make the more powerful person guilty of sexual harassment. What is fair for the goose is fair for the gander. Mayor Barry should resign!
Last Thursday, Mayor Barry announced plans to phase out General Hospital as a hospital and instead turn it into an ambulatory surgical care center,
which would provide only outpatient services. She has been criticized for not giving the Metro Hospital Authority nor the Health and Hospitals Committee of the Council advance notice. I can understand those in the Council or on the Hospital Authority for feeling blindsided, yet I applaud her for taking bold action. Advance notice would have only given those who oppose this action time to rally, demonstrate and organize. There will still be plenty of time for that as this move will not take effect until sometime next fiscal year.
For a very long time, Metro General has been a money pit, that cannot fill its beds and there is no charter requirement or state law requirement requiring the city to maintain a charity hospital. This should been done a long time ago.
Below is a copy of the letter Mayor Barry sent to the Council explaning her actions. The highlighting in the letter is mine.
November 9, 2017
Dear Vice Mayor Briley and Council Members:
I want to let you know about an important change in the relationship between Nashville General Hospital and Meharry Medical College and plans for reconfiguring the hospital’s operating model to make it more financially stable.
Meharry, a historically black medical college, has trained doctors to provide care throughout our nation, including in many underserved areas, for more than 140 years. Nashville General has served as the index teaching hospital for Meharry since 1992, giving medical students invaluable experience working with patients from across our community. However, Nashville General’s current daily census is about one-third of its licensed capacity. Only about 40 of its 120 beds are being used on an average day, and 20 percent of those are part of an inmate care contract. Meharry currently has to pay to send students to other states in order to get the experience necessary to enter the medical profession.
As a result, Meharry, which owns the building in which Nashville General operates, needs access to a local hospital serving a greater number of patients in order to make its educational program the best it can be. Today Meharry announced that it will partner with Nashville-based HCA’s TriStar Southern Hills Medical Center, giving the nation’s premier hospital company access to some of the best and brightest young minds the medical community has to offer.
This is also an opportune time to revisit Nashville General’s operating model, which has proven fiscally unsustainable, and restructure it in a way that will promote better health care outcomes for residents in North Nashville and across our city. Since 2005, Metro has provided more than half a billion dollars to support the operations of Nashville General, while the number of patients being served has decreased. I believe we can invest our resources more strategically to provide for the health care needs of our city’s indigent population, while maintaining operations at Nashville General Hospital.
With the help of restructuring specialist Kevin Crumbo, who has donated hundreds of hours of his time, the Metro Hospital Authority and my administration have been exploring ways to improve Nashville General’s long-term outlook. It’s time for a new model, one that will be focused on preventing people from needing in-patient services while ensuring that the patients currently using Nashville General for their outpatient health care needs, which amounts to more than 90% of the total patient visits, will still receive the same – or better – care at this facility.
Later this year, my administration will submit to the Council a substantial request for supplemental funds to stabilize Nashville General’s fiscal situation so the hospital can continue to provide services and meet its financial obligations for the rest of this budget year. Meanwhile, we will work with stakeholders throughout the upcoming budget cycle toward a goal of refocusing Nashville General Hospital’s operations to an ambulatory care model that provides high-quality clinic and other outpatient care services.
We also will create an indigent care fund to ensure that all patients who are currently using Nashville General will still have their health care needs met either at Nashville General or at other area hospitals. This will result in better health care outcomes for the patient population being served.
As a city, we are financially committed to promoting better health results and health care operations. We can restructure that commitment in a way that results in the best health care outcomes for residents while providing a more stable funding model that won’t require Metro to sacrifice services in other areas of government, or possibly raise taxes, in order to provide that quality care.
As I’ve said many times, I am committed to safety-net care in our community. This will take all of us, working in good faith and with good intentions, to create a successful new model for Nashville General Hospital. My administration and Meharry Medical College are absolutely committed to working with community stakeholders to do just that. I know we’re up to the task, and I appreciate your partnership as we take on this important work.
Kind regards,
Megan Barry
Mayor
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| On on Friday June 26, 2015, At-large Metro Councilwoman Megan Barry, a Nashville mayoral candidate, performed the first same sex wedding in Tennessee. |
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