RESOLUTION NO. RS2011-1667

A resolution calling for the resignation of Criminal Court Clerk David Torrence, and requesting that David Torrence be removed from office if he refuses to resign.

WHEREAS, a recent two-part investigative report from WSMV-TV provided evidence that Criminal Court Clerk David Torrence has been drawing a $125,000 annual salary while working no more than three days per week; and

WHEREAS, the WSMV-TV report also showed David Torrence using a Metropolitan Government vehicle to drive to a liquor store to pick up bottles of wine, which is in clear violation of the Metropolitan Government’s vehicle use policy; and

WHEREAS, David Torrence unabashedly admitted to these actions reported by WSMV-TV, frequently using the phrase, “It is what it is”; and

WHEREAS, the second WSMV-TV investigative segment airing on April 29, 2011, reported that David Torrence hired two of his sons to replace veteran employees in the Criminal Court Clerk’s Office without publicly advertising such positions; and

WHEREAS, based upon his inexcusable acts of malfeasance, it is in the best interest of the Metropolitan Government that David Torrence resign his position as Davidson County Criminal Court Clerk; and

WHEREAS, Tennessee Code Annotated § 8-47-101, et seq., provides a mechanism for the removal of elected officials who knowingly or willfully commit official misconduct or neglect to perform duties imposed upon them; and

WHEREAS, Tennessee Code Annotated § 8-47-102 provides that ouster proceedings can be initiated by the Attorney General, the District Attorney General, or the Metropolitan Director of Law; and

WHEREAS, Tennessee Code Annotated § 18-1-301 grants authority to the criminal court to remove its clerk for incapacity, neglect of duty, or misbehavior in office; and

WHEREAS, action should be taken for the removal of David Torrence in accordance with state law if he refuses to resign his position as Criminal Court Clerk.

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 calling for the resignation of Davidson County Criminal Court Clerk David Torrence.

Section 2. If David Torrence refuses to immediately resign his position as Criminal Court Clerk, the Metropolitan County Council further goes on record as requesting the initiation of ouster proceedings against Mr. Torrence in accordance with state law.

Section 3. That the Metropolitan Clerk is directed to send a copy of this Resolution to Criminal Court Clerk David Torrence, to Attorney General Robert E. Cooper, Jr., to Davidson County District Attorney General Victor S. (Torry) Johnson III, and to Director of Law Sue B. Cain.

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: Charlie Tygard, Duane Dominy, Ronnie Steine, Robert Duvall, Jim Forkum, Jerry Maynard, Lonnell Matthews, Darren Jernigan