Metro Council asks for special prosecutor in Glenn Funk case

Some of the conservative members of the Metro Council members want Gov. Bill Haslam and Attorney General Herbert Slatery to consider appointing a special prosecutor to investigate allegations against Nashville District Attorney Glenn Funk.

Ten of the 40 council members sent a letter Wednesday to Haslam outlining the allegations against Funk and asking the governor and attorney general to intervene.

"With this background, we are respectfully requesting that you consider appointing a Special Prosecutor to investigate the actions of District Attorney Glenn Funk from June 2014 until the present time,"

"External examination of these issues should clarify and define wrongdoing or the lack thereof," the letter states.

Council members signing the letter are Phil Claiborne, James Bruce Stanley, Charlie Tygard, Tony Tenpenny, Anthony Davis, Sheri E. Weiner, Steve Glover, Davette Blalock, Josh Stites and Robert Duvall. Most are known as conservatives on the council.

Funk, a Democrat, is accused of accepting a part-time job with the District Attorneys General Conference in June after he won the May primary election for district attorney, but before he officially took office, in order to bolster his pension. The District Attorneys General Conference suspended the conference's executive director, who has since retired, after revelations about Funk's position came to light.

"All of my actions were authorized, legal and ethical," Funk told The Tennessean on Wednesday. "The retirement system matter is already being examined by the appropriate authorities. My focus, meanwhile, has been and continues to be fulfilling my responsibilities as district attorney."

Funk also is accused of doing little to no real work for the conference during the time he was hired as a "part-time employee," all the while continuing to serve as a private defense attorney, according to reporting from NewsChannel 5 and The Tennessean.

Claiborne said he met with Funk last week to discuss the issues but was not satisfied with Funk's response. The councilman said Funk was shifting blame.

"This basically would clear the air," Claiborne said of the special investigation. "Short of that, I think question marks are going to remain."

Haslam spokesman David Smith said the governor's office received the letter and is reviewing it. Lucy Honey Haynes, a spokeswoman for Slatery, said the Attorney General's office received the letter, is aware of the allegations against Funk and is "following the matter closely."

"Just to clarify: the Attorney General by statute has the authority independently to initiate both an investigation and any further proceeding, if warranted. It is not necessary to appoint a special prosecutor," Honey Haynes said in an email statement.

Tuesday evening the Senate Judiciary Committee declined to approve the budget for the District Attorneys General Conference until Funk answered questions before the committee. Funk is expected to appear before the committee next week.

The General Assembly has the power to remove a district attorney, said Sen. Mike Bell, R-Riceville. Bell said he didn't want to speculate as to whether that would happen in this case.

Reach Dave Boucher at 615-259-8892 and on Twitter @Dave_Boucher1. Reach Stacey Barchenger at 615-726-8968 and on Twitter @sbarchenger.