RESOLUTION NO. RS2006-1521

A resolution requesting the Tennessee Attorney General and the Davidson County District Attorney to examine whether any criminal laws were violated by the Metropolitan Government or any of its officials relating to the payment of $1.9 million in state funds to Don Stoughton, and requesting the Governor and the Mayor to take any necessary disciplinary action against all Metropolitan Government or state employees responsible for the lack of authorization for the expenditure of the funds.

WHEREAS, in 2000, an agreement was entered into between the State of Tennessee and the Metropolitan Government for the development of a master plan for the expansion of jail facilities that would benefit both governments; and

WHEREAS, state Comptroller John Morgan recently told the Select Oversight Committee on Corrections that $1.9 million of the $2.5 million paid by the Metropolitan Government to Metro's corrections consultant, Don Stoughton, was done without the proper state authorization; and

WHEREAS, since the master plan for expansion of the Metro Detention Center has never been officially presented to the state or the Metropolitan Government, it is unclear whether the funds were appropriately spent; and

WHEREAS, the Tennessee Attorney General is responsible for the direction of all civil litigation matters and administrative proceedings in which the State of Tennessee may be interested, as well as attending to all legal business connected with debts owed to the State; and

WHEREAS, the District Attorney General is responsible for prosecuting all criminal matters within the district; and

WHEREAS, it is fitting and proper that an investigation be conducted in order to determine whether any government officials acted illegally, and that any persons that engaged in wrongdoing be disciplined accordingly.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Tennessee Attorney General and the Davidson County District Attorney to examine whether any criminal laws were violated by the Metropolitan Government or any of its officials relating to the payment of $1.9 million in state funds to Don Stoughton, and requesting the Governor and the Mayor to take any necessary disciplinary action against all Metropolitan Government or state employees responsible for the lack of authorization for the expenditure of the funds.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to Tennessee Attorney General Paul G. Summers, to District Attorney General Victor S. (Torry) Johnson, III, to Governor Phil Bredesen, and to Mayor Bill Purcell.

Section 3. That the District Attorney General and Mayor are further requested to respond to the Council as to the feasibility of and/or action taken in compliance with the request stated in Section 1 hereof not later than sixty (60) days from the date of adoption of this Resolution.

Section 4. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ludye Wallace

LEGISLATIVE HISTORY

Referred: Budget & Finance Committee 
Introduced: September 19, 2006
Deferred Indefinitely: September 19, 2006
Adopted: November 21, 2006
Returned Unsigned by Mayor: November 22, 2006