Vice mayor names 7 members to lead council committee investigating Barry, sets Thursday meeting

Nashville Vice Mayor David Briley appointed seven council members Monday to a new special committee with subpoena power that will investigate the use of tax dollars during Mayor Megan Barry's affair with her former police bodyguard.

He's also having the group meet for the first time Thursday at 4 p.m. The meeting will be public.

Briley appointed at-large Metro Council members Erica Gilmore and Bob Mendes as well as district council members Brenda Haywood, Burkley Allen, Mina Johnson, Russ Pulley and Robert Swope to serve on the committee.

The assignments come after the council took historic action by voting 30-7 to form the committee last week, marking the first time a council will use its subpoena authority to review the conduct of a mayor.

Council members with competing views on investigation tapped

The panel includes both council members who pushed for the new committee — most notably Mendes, an original lead sponsor of the effort — and others like Pulley and Allen who voted against its creation.

“None of us know what your ultimate conclusions might be," Briley wrote in a letter to the seven council members asking for their service. "It is clear to me, though, that public acceptance will be more likely if they are unanimous or at least broadly agreed to.

"Please keep an open mind to learning new facts and refrain from a decision until you hear all perspectives. Nashville’s trust in the process depends upon it.”

► More: Nashville council approves special investigation into public money related to Mayor Megan Barry's affair

The stated purpose of the investigation is to review whether there was improper use of public money during Barry's affair, which the mayor has said started in the spring of 2016. This includes overtime expenses earned by former Sgt. Rob Forrest, whom Barry had the affair, and travel taken by the two.

Committee entering 'uncharted territory'

Briley, in his letter, asked the committee to "demonstrate no bias or prejudice either for or against the mayor or her administration."

He alluded to private conversations he's had with each committee member, saying they have pledged to conduct themselves in "a manner that demonstrates such neutrality."

“The most important objective of this committee should be that its conduct and deliberations be seen as fair and impartial," Briley wrote, adding that this objective will be met if the committee does not stray from the scope of the investigation.

Briley has asked each of the seven members to refrain from any comments regarding the proceedings of the committee beyond what is said during public meetings.

"I cannot require you to adhere to these requests, but I hope you will consider them seriously as the council steps into this uncharted territory," Briley wrote.

Outside legal counsel advised for investigation

Barry, a Democrat, on Jan. 31 admitted to an affair dating to the spring of 2016 with Forrest, a veteran police officer who headed the mayor's security detail for Barry and her two predecessors. Barry has said she's open to any investigation on the matter, including one by the council. She's denied any mishandling of tax dollars during the affair.

► More: Nashville Mayor Megan Barry admits to extramarital relationship with top police security officer

► More: Q & A: Mayor Megan Barry discusses affair with officer, says she won't resign

When conducting investigative hearings, the council has subpoena power to compel the attendance of witnesses and the production of books, papers and records pertinent to the investigation. Testimony would be under oath.

Briley has advised that the committee consider obtaining outside counsel to coordinate with other Metro investigations pertaining to Barry's affair.

The Board of Ethical Conduct has been asked to review the situation following a complaint filed against Barry by social activists. Mark Swann, the city auditor, has also been asked to investigate the use of taxpayer dollars during the affair.

► More: Mayor Megan Barry affair: Ethics complaint alleges improper influence, prompts new probe

In addition to hiring independent legal counsel, the council is also authorized to bring in professional auditing services during investigations. The council would have to vote to hire any firms during the investigation, which would be covered by city funds.

"Regardless of how you elect to proceed, please consider the financial costs of any decision you make before you act," Briley wrote.

The council's subpoena power was last used to hold an investigation in 1974 when two council members, Morris Haddox and Jack Clariday, were investigated for bribery.

Vice mayor picks four co-sponsors of resolution for committee

In tapping Mendes, Gilmore, Johnson and Swope, Briley has picked four co-sponsors of the council resolution that created the committee.

Mendes was particularly vocal in support of creating the committee at last week's council meeting, calling it "checks and balances 101" when there are serious allegations against the executive branch.

Six of the seven committee members are either Democrats or align politically with the mayor.

Swope, a Republican activist who worked on President Donald Trump's 2016 campaign, is the lone exception. He's one of the council's most outspoken critics of Barry's $5.4 billion transit referendum set for May 1.

Pulley, a former FBI agent, was among the council members who spoke against the committee's formation last week. He argued it would be difficult to "keep out the perception of politics" from a committee led by elected officeholders.

He also pointed to an investigation already underway by the Tennessee Bureau of Investigation, suggesting the effort would be duplicative.

Pulley has also requested the Metro Audit Committee investigate the use of taxpayer dollars during Barry's affair. That groups will vote on the request Tuesday.

►More: Nashville Vice Mayor Briley looking for 'fair' council members for committee to investigate mayor

While the TBI, a state agency, will look for criminal actions violating state law, the council intends to review only the use of public funds.

Barry has hired former U.S. attorney Jerry Martin as her personal lawyer. Forrest retired last month.

►More: Nashville council approves investigation into public money related to Mayor Megan Barry's affair

At issue, in large part, are 10 city trips that were taken by only Barry and Forrest since the mayor’s 2015 election. Barry has said each was done for city business, but on four occasions stays extended beyond the schedule of events or conferences that were attended.

According to travel records obtained by The Tennessean, the bill for Forrest’s trips between January 2017 and October 2017 cost $21,712 in tax dollars. Barry’s travel expenses during the same time period totaled $11,382.

Forrest also saw his overtime pay increase under Barry. His overtime pay in former Mayor Karl Dean’s final three years in office was $34,186, $31,748 and $35,747.

Barry was elected near the beginning of the 2015-16 fiscal year, when Forrest earned $59,578 in overtime. He reported $75,462 last fiscal year and $36,908 in the current fiscal year, which began July 1, 2017.

Reach Joey Garrison at jgarrison@tennessean.com or 615-259-8236 and on Twitter @joeygarrison.