Now That Megan Barry Has Resigned, What's Next?

NASHVILLE, TN -- Megan Barry's resignation as Metro Mayor became official at 5 p.m. Tuesday and the mayoralty of David Briley began shortly thereafter with his swearing-in.

Barry's guilty plea on felony theft charges and subsequent departure from the mayor's office triggered a series of events Tuesday and set up a chain of other dominoes for down the road.

Here's some questions and answers of what happens now:

How long will Briley serve as mayor?

Briley, whose grandfather Beverly, of Parkway fame, was Metro's first mayor 55 years ago and who himself ran unsuccessfully for mayor in 2007 and was elected as vice-mayor in 2015, will serve as mayor through a special election in August, held concurrently with the state primary elections and general elections for register of deeds and various judgeships. Briley can - and most observers expect he will - run for mayor in that election.

The winner of the special election will serve out Barry's unexpired term, which ends once a successor is elected in the late summer or fall of 2019. If Briley does not run for mayor or is unsuccessful in his candidacy, he will return to his position as vice mayor, the term of which also expires in 2019.

While a Metro Charter amendment limits mayors to two consecutive four-year terms, it specifically notes those limits apply to mayors who are elected to full terms, thus, in theory, Briley could serve out Barry's term should he win the special election and then be elected to two more stints on his own terms.

OK, so who is vice mayor now?

Technically, no one. The Metro Charter specifically says "When a vacancy exists in the office of vice mayor or in the office of councilmember-at-large, said office shall remain vacant until the next general election at which time such vacancy shall be filled; however, in no event shall a special election be held to fill such vacancy."

District 22 Councilmember Sheri Weiner, who was president pro tempore of the council, was sworn in as acting vice mayor last night ahead of Briley's swearing-in, but in a message to Patch, Metro Director of Law Jon Cooper clarified that she is not actually vice mayor in a technical sense. She also remains as District 22's councilmember.

In a broad sense, this is a distinction without a difference. The vice mayor presides over council meetings and has little general authority, though Weiner could theoretically shake up council committee assignments during her tenure, whether it is for five months or until 2019.

So what about the investigations into Megan Barry?

With her guilty plea - under the terms of which she resigned, will pay $11,000 in restitution and serve three years unsupervised probation - the Tennessee Bureau of Investigation announced its investigation has concluded.

A spokesman for District Attorney General Glenn Funk released an explanation to WSMV:

Regarding reimbursement amounts: All members of the security detail saw an increase in hours worked under the Barry administration as opposed to previous administrations. Robert Forrest’s hours increased significantly more than other members of the detail. 45,000 dollars represents an acceptable figure for his increase in hours and pay in contrast to other members of the detail. The 11,000 dollars paid by Megan Barry represents Robert Forrest’s travel expenses.
The time frame given in court today of March 1, 2016 through January of 2018 represents the approximate dates of the affair between Megan Barry and Robert Forrest.
Megan Barry and Robert Forrest entered conditional pleas, meaning that if they successfully complete probation, they could then petition the court to have their records expunged. If expunged, there would be no criminal record.
Megan Barry is eligible for T.C.A. §40-35-313 because Mr. Forrest admitted that he improperly received more than 10,000 dollars in city compensation for time he reported as work hours which were actually personal time with Megan Barry. Megan Barry’s personal time did not involve the duties of her office or her official capacity, which is why she was charged with and pled guilty to theft of property.
Megan Barry complied with the conditions of her probation by repaying the 11,000 dollar reimbursement to the city and resigning her office today. Therefore, her probation will be unsupervised, which means she will have no probation officer. Her unsupervised probation does not restrict travel within the U.S.
Following Megan Barry and Robert Forrest’s guilty pleas today, Glenn Funk met with the TBI and informed them that the investigation into this matter may be closed. By state statute, TBI investigative reports are not public records.

The special Metro Council committee charged with investigating Barry, Forrest, their affair and spending voted Tuesday to keep on keeping on so to speak and urged the Board of Ethical Conduct to do the same with its investigation, despite the resignation.

Does this mean Barry is a convicted felon now?

Kind of. So long as she pays back the $11,000 and stays out of trouble for three years, the charge will be expunged, theoretically opening the door for her to run for office once again. Widely regarded as a future star in the Tennessee Democratic Party prior to the scandal, she was mentioned as a potential successor to U.S. Rep. Jim Cooper. While Americans love giving second chances (though not usually third) and comeback stories, many analysts believe her political career is essentially over.

Then who will run for mayor in August?

Given the short turnaround - the special election is just five months away, which means early voting begins in four months or so - name-recognition and the ability to call on significant amounts money quickly are crucial factors in a candidacy, which is why early lists - see The Tennessean and NewsChannel 5 - focus heavily on candidates Barry bested in 2015, like former school board chairman David Fox, who she defeated in the runoff, and Charles Robert Bone and Bill Freeman, who she faced in the general election. None of that trio has ruled out running, at the least. Councilmember Erica Gilmore picked up papers to appoint a treasurer for a mayoral bid Wednesday.

Most observers expect Briley will run, as well, and the Nashville Business Coalition bluntly said in a statement that he should run unopposed.

Sheriff Daron Hall is another possibility, given his name recognition and clear ability to win Metro-wide races.

Photo via Office of the Mayor