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

Correction: Jocques Clemmons was killed in February of 2017. This date was misstated in an earlier version of this story.

An ethics complaint alleging Mayor Megan Barry's affair with a police officer unduly influenced her stance on criminal justice policy has prompted a new city investigation into the mayor.

The complaint, filed Wednesday afternoon, echoes concerns from progressive community groups that say Barry's affair with Sgt. Rob Forrest may have contributed to her lack of support for a community oversight board to monitor police.

"Regardless of whether anyone was aware or actively advocating to influence her decisions regarding any issue of public safety policy which was at odds with the official (police) position, the simple fact is she knew there was at least one officer who could air her dirty laundry at a moment's notice and that fact alone brings into question her ability to be an honest broker in any discussion or consideration of these issues," wrote Theeda Murphy, the Nashville resident and frequent police policy protester who filed the complaint.

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On Tuesday, Barry's spokesman Sean Braisted said: "Mayor Barry has taken policy positions she believes are in the best interest of the entire community based on staff and community input."

Braisted referred to the same comment Wednesday when asked about the complaint.

The allegations

The complaint references several specific events.

In October 2016, a report titled "Driving While Black" analyzed 2 million traffic stops over 5 years in Nashville and concluded black people are more likely to be pulled over than other drivers.

Police Chief Steve Anderson blasted the report, calling it "morally disingenuous." In the complaint, Murphy says Anderson's rebuke of the report was done "with the mayor's support."

In February 2017, 31-year-old Jocques Clemmons, who was black, was shot and killed by a white Nashville police officer. Although there were protests and several investigations, no charges were brought against the officer.

Nashville District Attorney General Glenn Funk supported not bringing charges, but said his office's review of the case found some police language that appeared biased. Anderson rebuffed the statement.

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Murphy accuses Barry of supporting the police despite Funk's assertions of bias.

Murphy also notes Barry's resistance to a citizen-led police review board. A bill proposing to create such a board failed overwhelmingly in a January city council vote.

Citing these events during Barry's tenure, Murphy argues Barry violated the city charter and an executive order she signed in the course of her affair with Forrest, who was the head of her security until he retired last week.

Barry has repeatedly denied violating any policies or laws, and Anderson said he did not see any immediate policy violations by Forrest.

The Tennessee Bureau of Investigation is looking into whether Barry or Forrest misappropriated public funds or engaged in official misconduct. On Tuesday, the city council voted to create a special committee to investigate whether Barry or Forrest misspent city money.

What happens next?

The ethics complaint prompts a new city investigation.

Once an ethics complaint is filed, it is forwarded to the Department of Law to decide if the claims, should they be proven true, would represent an ethical breach.

The legal department sends a finding to the Board of Ethical Conduct, chaired by Councilwoman Sheri Weiner. The board then votes to accept or reject the legal department's finding, and decides whether to hold a hearing.

At this point in the process, the ethics board functions like a quasi-judicial body, not an investigatory body. It may consider the presentation of facts from both sides to determine whether to make a finding that an ethical violation occurred.

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Such a complaint was filed against Councilman Colby Sledge over his role in the now-abandoned proposal to redevelop Greer Stadium. After being rescheduled last month due to a lack of quorum, that hearing has not concluded.

The ethics board has four options if it concludes there was a violation: It may censure the public official, recommend a resignation, refer the matter to the district attorney or send it back to the legal department to pursue civil action.

Weiner said Wednesday that if a complaint is filed, the board will follow the law and do the necessary work to respond.

Reach Dave Boucher at 615-2459-8892, dboucher@tennessean.com and on Twitter @Dave_Boucher1. Reach Nate Rau at 615-259-8094 and nrau@tennessean.com. Follow him on Twitter @tnnaterau.