Mayor Megan Barry: 'I will fully cooperate' with TBI investigation into possible criminal conduct related to affair

Nashville's prosecutor wants the Tennessee Bureau of Investigation to look in to whether Mayor Megan Barry and the head of her security detail broke any laws when they engaged in an affair.

It could be one of at least four state or local investigations prompted by the affair and the mayor's travel paid for with taxpayer dollars.

"District Attorney Glenn Funk has asked TBI Director Mark Gwyn to investigate whether Mayor Megan Barry and/or others, including Sgt. Rob Forrest, violated any criminal law including misappropriation of public funds and official misconduct," said Funk spokesman Steve Hayslip.

Hayslip said the request was made Thursday morning.

In a statement late Thursday, Barry confirmed she is cooperating with the investigation.

“Earlier this morning, I spoke with General Funk and he informed me that he would be requesting a TBI investigation that could answer questions of legality in this matter. I will fully cooperate with this process, but as this is an ongoing investigation, I will have no further comments about this matter," Barry said in a statement.

A TBI spokesman confirmed the agency is investigating.

"As with any TBI investigation, agents will collect any and all relevant evidence and interviews and, in turn, submit investigative findings to the district attorney general for his further review and consideration," said spokesman Josh DeVine.

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On Wednesday, Barry admitted engaging in an affair with Forrest, a veteran officer who retired this week. Records show Forrest was Barry's lone companion on nine trips between January and October 2017, including a trip to Athens, Greece, for seven days.

Misuse of taxpayer money is a crime. State law outlines several definitions for official misconduct, including when "a public servant commits an act under color of office or employment who acts or purports to act in an official capacity or takes advantage of the actual or purported capacity."

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Metro Nashville police say they are not aware of any criminal violations that might have occurred amidst the affair, which began in the spring of 2016.

"The police department is not aware of any criminal violation at the present time," said police spokesman Don Aaron. "We have no reason to believe there is any violation of criminal statutes at the present time."

Barry says all trips were for legitimate purposes.

"In general, alleged or suspected misuse of public dollars is something that the Comptroller’s Office has the authority to investigate," said John Dunn, a spokesman for the Tennessee Comptroller of the Treasury. He declined to comment further.

Both Barry and Forrest qualify as public servants under state law.

Metro Councilwoman Tanaka Vercher — chairwoman of the Metro budget and finance committee — said late Wednesday she wants to know what authority she has to investigate the travel expenses and overtime incurred when Barry took those trips.

“Right now the perception is, whether it’s true or not, that this affair occurred on taxpayers’ dime,” Vercher said.

In addition, Metro Councilman Bob Mendes, who serves on the Metro Audit Committee, said he asked the Metro internal auditor to propose “a scope of inquiry” for an audit regarding the travel expenses.

Mendes said Barry’s explanation that the expenses were appropriate because she was traveling to do Metro business “is not a very satisfying one.”

“There are also a lot of questions about the use of government resources,” Mendes said in a blog post on his campaign website Wednesday night.

“Citizens will also want to know, ‘who knew?’ Did the rest of her security detail know? These are all fair and expected questions.”

Councilwoman Sheri Weiner, head of the council's Board of Ethical Conduct, said Thursday no complaints had been filed against Barry or Forrest.

"It is not the role of the board or its members to initiate complaints. I will not comment on allegations, and will not draw conclusions on matters not before the board," Weiner said in a news release.

Aaron said police Chief Steve Anderson was unaware of the affair until Tuesday. It's unclear whether police have had time to actually investigate the situation.

In an interview Thursday, Anderson said the affair was "improper" but he did not think it violated department rules.

“I know of no rules that have been violated by Sgt. Forrest who I have control over," Anderson said.

“We don’t try to regulate the private lives of individuals. It’s only when one of our specific rules, regulations, policies are violated that we step in.”

Barry is adamant the affair did not violate any policies or laws and said she welcomes an investigation.

"Our records are available for anybody to look at," Barry said Wednesday night.

"There were no policies that were violated, there was no, nothing illegal happened. The records will absolutely show the expenses match with the overtime expected. But I welcome anybody to take a look at that."

At the request of an attorney representing Forrest’s wife, police are holding on to the former sergeant’s cell phone. The attorney made the request Monday, saying “the phone may contain information that is important in my representation.”

“The phone device was collected and has been preserved,” said Kris Mumford, a police spokeswoman.

Reporters Anita Wadhwani, Nate Rau and Adam Tamburin contributed to this report. Reach Dave Boucher at 615-259-8892, dboucher@tennessean.com and on Twitter @Dave_Boucher1.