TENNESSEE DISTRICT ATTORNEYS GENERAL CONFERENCE EMPLOYEE RECORD FORM JUDICIAL DISTRICT EmployeeNarne ?lmn l2 (Last) (First) (Middle) Home Address ?#County cu A: (Street Num er City A. VA Lg State Tr} County No. Zip Code ADDRESS TO WHICH MAIL SHOULD BE SENT IF NOT AS ABOVE Street Address (3?11 go u; Mm [AU?1mgCity :9.qu TA ZipCode WORKADDRESS . Street Wow-Ha emu )1th City A/(lkotltu ZipCode 31. (as PERSONAL INFORMATION Social Security Number-e Employed Veterar? SexMRaee Handicapped Date of Birth q) 0 U.S.Citizen 514 53: Ma?tal Status Phone ?iee Phene 5 ?l 5' Title of Position Signamre EDUCATIONAL BACKGROUND Are you a high school graduate? Yes gt No Date if no, do you have a GED certi?cate? Yes No Date . Schools Attended After High School-- College, Business, Trade or Technical Training Schools Attended Dates Attended Did you Type of Degree - Major Graduate arm)? 5/31 3%(5 1614 H?i?ap/A Umw a? Elsa $795 JD A COPY OF DEGREE MUST BE SUBMITTED THE FOLLOWING MUST BE COMPLETED FOR THE PURPOSE OF COMPUTING LONGEVITY: {have 5 have not. previously been employed by the State of Tennessee or a. District Attorney General (rev. 10/08) Ir/r TENNESSEE CONSOLIDATED RETIREMENT SYSTEM R8 I 10th Fioor Andrew Jackson State Office Buiiding Nashville. TN 37243?0230 0 RM (615) 741-4868 Type or print tegibly in BLACK ink. The payroiilpersonnel officer must complete the shaded areas. Notto be used as a Change of Beneficiary Form. New Member Transfer from Another TCRS Agency Member information Birth Date 1'3 ILAA 0 Social Security Number Co Last Name First Name Address City State Zip ?3 ?7 10 ib?t? Tm WorkTeiephone Home Telephone .515 lembersh?i?pDate? w? . I Kafifjtilit?l? 3 0i .5 7 Status . Regular hours per day days pe?riweelt gayest; 5? hi i ne# Previous Employment?Fill out this section if you have ever been a member of any state or local retirement system. Date ?rst deduction will be made. - 'Telepho Name of retirement system(s) other than TCRS: Name(s) under which you were listed: Have you ever been refunded your contributions with the Have you eVer received benefits from i7 Beneficiary Designation Last Name First Name Relationship Sex Birth Date socia: Seams: No. Lop: Wipe ?haw? Name of institution or Estate Taxpayer ?1 Address Signatureofiviember Date )?10 Ill?{ The laws governing TCRS provide thatyou may designate more than one person as yourbene?ciary. purposes. the term "person" means any individuat. firm. organization, partnership. association. corporation, estate, or trust. ESTATES, MULTIPLE BENEFICIARIES, AND ARE FOR LUMP-SUM DISTRIBUTIONS ONLY. iF YOU LISTTWO OR MORE PERSONS, YOU HAVE NAMED MULTIPLE BENEFICIARIES AND THEY MAY SHARE EQUALLY iN ANY SUM PAYMENT. IF YOU HAVE NEVER MADE CONTRIBUTIONS TO TCRS, NO LUMP-SUM PAYMENT WILL BE MADE AND YOUR SPOUSE MAY BE THE ONLY PERSON ELEGIB LE FOR ANY TYPE DEATH BENEFIT. Certain types ofdeath bene?ts are payable only to a surviving spouse. provided such spouse is the only person named as beneficiary. Ifyou name your spouse as beneficiary, he or she may be entitled to benefits should you die in service. (Secondary or contingent beneficiaries are not permitted.)Contact the TCRS of?ce ifyou have anyquestions. lfavailabie, i elect Option 1 for mybeneticiary in the eventofmydeath. i. the member. revoke any previous bene?ciary nominations and directthat the above designation supersede any previously flied; provided. however, in the event I named my spouse and another person or persons as bene?ciary herein and no death benefit is payable asa resultthereof, I directTC R8 to revoke such designation and substitute my spouse instead as sole beneficiary. - STATE OF . 3&9 (Xi, .20] ?71: whom esoaththat(h ument. a. STATE 0F '3 5g - 10v .: MyCommisston Expires: (:20 7 NotaryS/gnature and Sea! a? g5 a Q: Aftercompieting form,make t" i s. enc ;Co ??Em 10 ee %,aywe??9 24:: Dy 9 RDA413 assist?" DISTRICT ATTORNEY GENERAL PRO TEM REQUEST Defendant FORD Charge or suspected offense: Theft DOB: Status: Pre Charge Warrant Grand Jury [j Indictment Statement or version (If known): see attached Defense Attorney(s): Phone Victim(s): State of TN DCS Phone 615-741?7 236 Statement or version: Prosecution Witnesses: Elizabeth D. Cambron Phone 615-741?7236 Deputy General Counsel DCS Court: Next court date for this case: Judge: Address: Phone: . Clerk: Address: Phone: .I District: 16th Reason for DA disquali?cation: Outgoing DAG Wiiliam Whitesell. Jr. will no longer be in of?ce to prosecute case and Incoming DAG Jennings Jones has recused himself/of?ce Contact person in Of?ce: William Whitesel], Jr. Phone 615-898?8008 APPOINTMENT INFORMATION (To Be Completed By District Attorneys General Conference) Generai wmxi? LL Pursuant to this request, I have contacted General who has agreed to serve. Please draft and ?le with the clerk the appropriate Order appointing saggy; mm. or such of his assistants as he may designate for the purpose of prosecuting this case. Please let me know if you have any questionsfurther service in this matter. jxecutive Director Conference Pro Tem Request cg [j '1 District Assigned Case: ?06 (Page 1 of I) sure OF a . DAVID H. muses. JR. gem SYSTEM STATE. TREASURER egee 502 DEAEJERECK sense? encnos ?3 ate? TN erzaslozor olezcme 1~890~7m~8277 September 18, 2014 Glenn Funk 4214 FRANKLIN ROAD NASHVILLE, TN 37204-4407 Subject: Enrollment-in the Tennessee Consolidated'Retirement System (TCRS) Dear Glenn Funk:- Welcome to we recently received yourenrotlment into TCRS and Would like to? pro'yide you with information regarding your- TCRS pension bene?ts. You were automatically enrolled in TCRS when you began-Working? for- as a employee. As a member of TCRS, you are-a member of a Defined'BEnetit retirement plan. This means that alters certatn?amount-of Service (u?suatlys years of full-time service? with a TCRS?c?ove'red employer), yo?u'are eligible for lifetime pension payments when you retire.- For more detailed information about your retirement bene?t please visit and register for an account. You can find additional information about at tors.tn.gov. We have encloSed a Beneficiaiy Election Form for you to complete and return to TCRS. You may also complete-this transaoticin 'online by logging into Sincerely, TCRS Financial Services Please consider-the environment. Visit update your information, email TCRS, or submit forms. member [011841171 TR5429 Page -1 of 1 8-7-311. Appointment of budget officer, director and clerical personnel -- Compensation Practice of law prohibited Employment of attorney. The executive director of the district attorneys general conference shall, subject to the approval of the duly elected officers of the district attorneys general conference, appoint a budget officer and a director and such other assistants and clerical perSonnel as are necessary to enable the executive director to perform the duties of the executive director's office. Compensation for other assistants and clerical personnel shall be fixed by the executive director with the approval of the executive committee of the district attorneys general conference. (1) During their terms of office or employment, neither the executive director nor any full?time assistant or employee shall directly or indirectly engage in the practice of law in any of the courts in this state. (2) If the executive director employs an attorney as a part?time employee, such employee shall not engage in the defense of criminal cases if such employee's duties will, at the time of employment, involve or in the future may involve: (A) Substantial interaction with district attorneys general, their assistants, or other employees of the executive director; or (B) The prosecution of criminal cases either as a part-time assistant district attorney general or a district attorney general pro tempore. HISTORY: Acts 1972, ch. 551, 5; 1976, ch. 621, 3; T.C.A., 8-723; Acts 1992, ch. 858, 1, 2; 1996, ch. 996, 2. TENNESSEE DISTRICT ATTORNEYS GENERAL CONFERENCE JAMES W. KIRBY EXECUTIVE DIRECTOR February 3, 2015 Re: Pro?tern Prosecutors Dear Mr. Williams, The issue of Pro-tem prosecutors has evolved over the years. For many years when a con?ict arose in a particular of?ce a prosecutor was designated from another district to handle the case. This was the policy when I was elected to this position beginning July I, 1999 and had been for as long as I can remember. In fact I had served as a Pro?tem prosecutor on occasion while I was an assistant district attorney/ deputy district attorney. We continued on this path for a while until it got to the point where we had more Pro-tern request than we could farm out. I applied for and received a grant to allow us to pay retired District Attorneys or assistant district attorneys to handle some of these cases but certainly not all of them. I would typically use these attorneys to handle the more complicated, more serious and likely more cases so that another office would not be disrupted for so long. This worked rather well for a period of time until the grant funds continued to be reduced to the point that only a few cases could be assigned to these attorneys. Finally I was able to get a position in this office for a staff attorney that could be utilized for some of the Pronteni cases. This too worked rather well. The person in this position, Brooke Orgain, decided that she desired a more stable location from which to work and went back to the 23rd district as an assistant district attorney. I needed someone to ?ll this need until I could ?nd an attorney to take over Brooke?s position. I knew that after the primary election Glenn Funk would be the next District Attorney in the .20th District, Davidson County, as he had no opposition in the General election. I asked him if he would consider this even in light of the fact that he was closing his private practice to take over as District Attorney. This seemed to me to be the perfect solution for the interim. He agreed to do so and was employed effective June 23, 2014. I knew that Mr. Funk was going to be the District Attorney beginning September 1, 2014 and further that he had previously been an assistant district attorney from 1986 until 1989. As you no doubt know, when a District Attorney, or someone in his/her of?ce has a con?ict on a particular case or has a situation that poses an ethical problem or a perceived ethical problem, a Pro- tem prosecutor must be designated to handle those cases. Otherwise the cases would go unprosecuted. That is not a situation that we will allow to take place. Hopefully this will answer your estions relative to the above. Sincerely.ny 226 Capitol Boulevard, Suite 800 Phone: (615) 741-1696 0 Fax: (615) 741-7459 Nashville, TN 37243-0890 Website: TENNESSEE DISTRICT ATTORNEYS GENERAL CONFERENCE JAMES W. EXECUTIVE DIRECTOR February 3, 2015 Re: Retirement issue Dear Mr. Williams, Regarding any issue relative to retirement for Glenn Funk, be advised that the form that he completed in this of?ce entitled ?Membership Form? was partially completed by an employee in this of?ce. General Funk completed the personal information portion of the form and signed same ant had to leave the of?ce. The remainder of the form, basically the of?ce portion such as department code, status, position title, etc. was completed by the employee here. The space for employment was ?lled in as full time as was typical on these forms and done routinely. General Funk was certainly not paid a salary for which he would qualify based upon his experience had he been a full time assistant district attorney. He was in the position as a staff attorney (part time), which would only be for a period of about nine weeks until he was sworn in as District Attorney on September 1, 2014. It was obvious that he would not be working or handling cases on. a full time basis. This was discussed and understood. We also discussed that this would not preclude him from practicing law until such time that he was sworn in as the District Attorney. We have routinely had former District Attorneys or assistant district attorneys handle cases wherein there was a con?ict in the originating of?ce. Many of these were otherwise practicing law on a full time basis. This has been lessened recently since I have had a staff attorney in the of?ce whose primary duty is to handle these types of cases. That is exactly what Glenn Funk was to do until he was sworn in as District Attorney. Hopefully this will clarify any misunderstanding that you may have had regarding Glenn Funk being able to practice law while he was serving as a part time staff attorney. if ,2 226 Capitol Boulevard, Suite 800 Phone: (615) 741?1696 0 Fax: (615) 741-7459 Nashville, TN 37243-0890 Website: 219/2015 Journai Communications Mail Follow-up questions Phil Williams Follow-up questions Phil Williams Wed, Feb 4, 2015 at 2:12 PM Reply-Io: pwilliarns@newschannel5.com To: Wally Kirby Mr. Kirby, There are three signi?cant questions that require follow-up: 1) Glenn Funk told me that he was not required to report how many hours he actually worked in order to draw the $2,000+ salary ?'om the Tennessee District Attorneys General Conference. Is that consistent with Conference policies that part-time employees are paid a ?at fee and are not responsible for accounting for hours actually worked? 2) Your written statement indicates that you hired Glenn Funk in June 2014 because of Brook Orgain's resignation and that you "needed someone to ?ll this need until i could ?nd an attorney to take over Brooke's position.? When I asked, you acknowledged to me orally that she did not leave until September 30th, but indicated that you were already lightening her load in preparation for her departure. However, she tells me that she did not submit her resignation until sometime in September 2014 so it's dif?cult to understand about your needing "someone to ?li this need" in June 2014. And it raises the question about why the Rutherford County case was not just assigned to her. 3) As I previously emailed to you, it appears to me that TCA Speci?cally prohibits what Glenn Funk did, as far as continuing to practice criminal defense law (even taking on new cases) once he became an employee of the Conference. Speci?cally, it states: "If the executive director employs an attorney as a part-time employee, such employee shall not engage in the defense of criminal cases if such employee?s duties will, at the time of employment, involve the prosecution of criminal cases either as a part?time assistant district attorney general or a district attorney general pro tempore." Why was that law not followed? i look forward to your response. Phil Phil Williams Chief Investigative Reporter WTVF-TV, NewsChannel 5 474- James Robertson Pkwy Nashville TN 37219 Voice: (615) 248-5390 Website: newschannel5.comlinvestigates Foilow me on Facebook and Twitter Email: pwilliams@newschannel5.com 219/2015 Journal Communications Maii Follow-up questions Phil Williams Follow-up questions Wally Kirby Mon, Feb 9, 2015 at 8:37 AM To: Cc: Glenn Funk The part time rate is a set rate. Brooke did not leave until September but I knew she was likely leaving well before a formal letter was submitted to me. in addition she had more cases already that she should have had to deal with. I was not about to load her down even more. The ability to practice law has never been an impediment to handling per-tems. If so i could get no one outside of another DA, that was the issue that we had tried to avoid. Glenn, or any other pro-Tam, would not be assigned to cases in the locale where they practice. Hopefully this will clarify the questions that you have Sent from my iPhone [Quoted text hidden] LEGAL The information in this e?mail and in any attachment may contain information that is privileged either legally or othenrvise. it is intended only for the attention and use of the named recipient. If you are not the intended recipient, you are not authorized to retain, disclose, copy or distribute the message and/or any of its attachments. If you received this e?mail in error, please notify me and delete this message. 2/9/2015 Journal CommunicatiOns Mail Public Records Req Uest Phil Williams Public Records Request Phil Williams Fri, Feb 6, 2015 at 11:27 AM Reply?To: To: Kim Helper General Helper, As a public records request, I'd like to get a copy of any documents from the Carla Ford ?le out of Rutherford County, indicating the amount of work that Glenn Funk did on the case as a pro tem. I would also like to get a copy of any emails between you and Mr. Funk about the case. Because i understand that there are privileged matters regarding the facts of the case, prosecution strategy, etc.. I do want to be clear that I am NOT requesting anything of that nature. Accordingly, I understand that some redactions may be necessary. lam solely interested in documents regarding the amount of work done forthe compensation received from taxpayers. Please feel free to call my cell 615-948?3386 -- if you have questions or wish to discuss the matter. Thanks, Phil Phil Williams Chief Investigative Reporter WWF-W, NewsChannel 5 474 James Robertson Pkwy Nashville TN 37219 Voice: (615) 248?5390 Website: newschannel5.ccmlinvestigates Follow me on Facebook and Twitter Email: pwiliiams@newschannel5.com 219/2015 Journal ConmJnications Mail - Pubilc Records Request Phil Williams Public Records Request Kim R. Helper Fri, Feb 6, 2015 at 3:03 PM To: "pwilliams@newschannel5.com" Mr. Williams -We do not have any emails between myself and Glenn Funk regarding the Carla Ford case. i have reviewed the file and we do not have any information in the documentation provided to us involving lVir. Funk at all it is strictly evidentiary in nature. The only document that may meet your needs is the original appt of Glenn Funk as pro tern and certainly can scan that and provide it to you if that is of use. Kim Helper From: Phil Williams [mailtozpwilliams@jrn.com] Sent: Friday, February 06, 2015 11:28 AM To: Kim R. Helper Subject: Public Records Request [Quoted text hidden] LEGAL CONFIDENTIAL: The information in this e?mail and in any attachment may contain information that is privileged either legally or otherwise. it is intended only for the attention and use of the named recipient. if you are not the intended recipient, you are not authorized to retain, disclose, copy or distribute the message and/or any of its attachments. if you received this e-mail in error, please notify me and delete this message. 21912015 Journal Comrmnicatlons Mail Public Records Request Phil Williams Public Records Request Phil Williams Fri, Feb 6, 2015 at 3:11 PM Reply-To: pwilliams@newschannel5.corn To: "Kim R. Helper" have that appointment form already, thanks. Do you have any knowledge of what work Mr. Funk did on the case? (interviews with witnesses, etc.) Did he provide any sort of oral report on his work on the case? Would it be customary for a pro tern prosecutor to leave behind notes of interviews, memos to investigators or any sort of other paper trail? Thanks for any insight that you might be able to provide. [Quoted text hidden] 2/9/2015 Journal Corrmunlcations Mail Public Records Request Phil Williams Public Records Request Kim R. Helper Mon, Feb 9, 2015 at 11:30 AM To: Mr Williams, It would not be appropriate for me to comment on the case ?le during an open investigation. As to customary work by pro terns, the TNDAGC Conference would better be able to answer that question. Kim Helper Sent from my iPhone [Quoted text hidden] 2/13/2015 Journal Communications Mail - FW: Response to news story Phil Williams FW: Response to news story Carter, Dorinda (D.A.) Mon, Feb 9, 2015 at 2:41 PM To: "pwilliams@jrn.com" Attached is a statement Glenn sent to staff today. Dorinda Carter Director of Communications Of?ce of District Attorney General Glenn Funk 222 2nd Awnue North, Suite 500 Nashville, Tennessee 37201 615.862.5500 ext.148 Follow us on Facebook: From: Funk, Glenn (D.A.) Sent: Monday, February 09, 2015 2:25 PM To: DA_Everyone Subject: Response to news story You may have seen television promotions for a story that is scheduled to air tonight on WTVF-TV. I want to give you the facts behind the story to ensure everyone in our o?ice has a clear understanding of What occurred. Last week, I was asked by a local reporter to comment on my enrollment in the Tennessee Consolidated Retirement System (TCRS). Details of the events surrounding this story are as follows: In early June, 2014 I learned that the state?s retirement system that was in eifect when I was elected District Attorney would change signi?cantly by the time I was sworn in. Any state employee who was in the system prior to July 1, 2014 would remain under the non? contributory system while employees entering after July 1, 2014 would be required to make a minimum 5% contribution. In order to participate in the system that was in place at the time of my election, I reached out to the Conference for guidance. The Conference .g 009 le.com/mai =2&i k=74fb071f0f&vi ew= pt&q =dori nda&psize= 50&pmr= 100&pdr= 50&search=apps&msg =14b7013c17fb17f8&siml= 14b7013. . . 1/2 2/13/2015 Journal Communications Mail - FW: Response to news story suggested an early transition, a process that was provided for another newly elected DA in East Tennessee. I discussed this option with Torry ohnson. I believed it made sense on many levels, given the stress on the o?ice with the uncertainty of new leadership and the nearly four-month delay between the election and my swearing in. Torry responded that he intended to serve his term and he would not hire me as an Assistant DA during the transition period. The conference then suggested that I serve as a part-time staff attorney while continuing and completing my defense practice. Doing so allowed me to enroll in the TCRS as it existed at the time of my election On June 23, 2014 I became available for assignments from the conference. The Executive Director of the Conference indicated my assignments would not be in Nashville. In the end, I was assigned only one case in Rutherford County which I was preparing to present to their September Grand Jury when the case was reassigned by the conference to Williamson County. In summary, the Conference had a part-time staif attorney position available that would enable me to enroll in the TCRS. It was a ?ver but not improper, contrary to the news report. I want to stress that I checked with the Board of Professional Respons?oility before continuing to practice law after being elected. I checked with the Conference before accepting the part-time staff attorney position. Both times I received approval before moving forward. I regret any distraction this may cause to the great work our of?ce is doing. I know you will continue to focus on our rmin respons1bility to make Nashville a safer and healthier community. Please see the attachedletter from the Conference for further reference. Glenn Funk DA's Conference.pdf 34K .g 009 |e.com/mai =2&i k=74fb071f0f&vi ew= pt&q =dori nda&psize= 50&pmr= 100&pdr= 50&search=apps&msg =14b7013c17fb17f8&siml= 14b7013. . . 2/2 2/22/2015 Journal Communications Mail - Clarification regarding Glenn Funk Phil Williams Clarification regarding Glenn Funk 4 messages Phil Williams Reply-To: pwilliams@newschannel5.com To: Shelli King Wed, Feb 4, 2015 at 10:58 AM Shelli, I wanted to clarify one important detail about Glenn Funk. Many, many years ago -- probably in the mid-to-late 80s -- he worked in the district attorney general's office in Davidson County. I wanted to see whether he was enrolled in the TCRS from that time period and whether he qualified for the legacy pension -- regardless of his employment in June 2014. Because of some story timing issues, I need to nail down the answer as quickly as possible. Thanks! Phil -- Phil Williams Chief Investigative Reporter WTVF-TV, NewsChannel 5 474 James Robertson Pkwy Nashville TN 37219 Voice: (615) 248-5390 Website: newschannel5.com/investigates Follow me on Facebook and Twitter Email: pwilliams@newschannel5.com Shelli King To: "pwilliams@newschannel5.com" Wed, Feb 4, 2015 at 11:18 AM I understand that he opted not to participate in the mid-80's. If he had opted in and served in the office for 5 years, then he would have been vested and would have returned as a member of the "legacy" pension. If he had opted in and left before he was vested, he would have returned as a "hybrid". An employee could leave before becoming fully vested (5 years) and then return before seven years and complete their years needed to vest. An employee in this scenario would have returned as a "legacy". Does that answer your question? https://mail.google.com/mail/u/1/?ui=2&ik=74fb071f0f&view=pt&q=in%3Asent%20funk&psize=50&pmr=100&pdr=50&search=apps&th=14b55871071feaa4&sim... 1/2 2/22/2015 Journal Communications Mail - Clarification regarding Glenn Funk When do you plan to air the story? From: Phil Williams [mailto:pwilliams@jrn.com] Sent: Wednesday, February 04, 2015 10:58 AM To: Shelli King Subject: Clarification regarding Glenn Funk *** This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. - OIR-Security*** [Quoted text hidden] Phil Williams Reply-To: pwilliams@newschannel5.com To: Shelli King Wed, Feb 4, 2015 at 11:20 AM That does answer my question well, thank you. The story will run Monday. Thanks for all your help. [Quoted text hidden] Shelli King To: "pwilliams@newschannel5.com" Wed, Feb 4, 2015 at 11:26 AM Thank you From: Phil Williams [mailto:pwilliams@jrn.com] Sent: Wednesday, February 04, 2015 11:21 AM To: Shelli King Subject: Re: Clarification regarding Glenn Funk [Quoted text hidden] https://mail.google.com/mail/u/1/?ui=2&ik=74fb071f0f&view=pt&q=in%3Asent%20funk&psize=50&pmr=100&pdr=50&search=apps&th=14b55871071feaa4&sim... 2/2 ASSISTANT ATTORNEYS GENERAL gii?m?g (Eganral JERALD M. CAMPBELL DEBBIE COLEMAN JASON C. SCOTT LAWLER PARHAM DESTRECT RECORDS CLERK STATE OF TENNESSEE MARTHAJO REID DI CROCKETT, GIBSON, HAYWOOD COUNTIES SECRETARY MARC P. MURDAUGH BEVERLY FRENCE arrig g?rnhm CAROL J. cover 1138 WEST EATON STREET BROWNSVILLE OFFICE INVE SHAME: GATOR p_o_ng145 JUSTICE COMPLEX CENTER ?reman, (GIBMEESBB 38332 100 scum DU FREE AVENUE TN 38012 TELEPHONE 731-855-7813 COORDENATOR FAX some AGEE February 18, 2015 TRENTONJN 33332 Mr. Justin Wilson TN Comptroller of the Treasury State Capital First Floor 600 Charlotte Ave Nashville, TN 37243 RE: T.C.A. 8-19-60} Dear Mr. Wilson, I am writing as president of the Tennessee District Attorney General?s Conference. It has recently come to our attention that the Executive Director of the Tennessee District Attorney General?s Conference hired General Glenn Funk to serve as a part time assistant district attorney general on June 23, 2014. He was hired to handle cases that required a pro tem prosecutor. He served in that position until sworn in as the District Attorney for the Twentieth Judicial District on September 1, 2014, and was paid approximately four thousand ($4,000) for his service. During his time of service as a part time assistant district attorney he was assigned one case to prepare for presentation to the grand jury. Prior to being hired as an assistant district attorney, General Punk had won the democratic primary election for District Attorney and faced no opposition in the August general election. As a result of General Funk being hired June 23, 2014 he was placed in a more favorable state retirement system that ceased to exist effective June 30, 2014. It is our opinion that this could be viewed as an abuse of public money as de?ned in T.C.A. 8- 19-501 and therefore we are making this report. The Tennessee District Attorney General?s Conference requests to be advised of any additional action needed by the Conference. District Attorney ineral 2/23/2015 Journal Communications Mail - Public Records Request Phil Williams Public Records Request Joan Williams To: "pwilliams@newschannel5.com" Cc: Debby Koch Fri, Feb 20, 2015 at 10:46 AM Hello Phil, In response to your public records request we can provide the following information. Glenn Funk enrolled in the state's health insurance program for coverage effective on July 1, 2014. We are reviewing the enrollment documents to determine whether there is any confidential or exempt material therein and cannot produce those documents immediately. Thank you. Regards, Joan Joan Williams Public Information Officer Benefits Administration W: 615.741.9536 C: 615.210.5451 Good Business. Great Customer Service. This transmission, regardless of modality, contains confidential information and may be subject to protection under the law, including the Health Insurance Portability and Accountability Act (HIPAA). If you are not the intended recipient, or an https://mail.google.com/mail/u/1/?ui=2&ik=74fb071f0f&view=pt&q=Joan.Williams%40tn.gov&psize=50&pmr=100&pdr=50&search=apps&msg=14ba7e26938564... 1/2 2/23/2015 Journal Communications Mail - Public Records Request Phil Williams Public Records Request Joan Williams To: "pwilliams@newschannel5.com" Cc: Debby Koch Fri, Feb 20, 2015 at 4:05 PM Hi Phil, We can provide information to your second question at this time. We are still researching your first question. Our records list Glenn Funk as a full-time employee. You can find information about 2014 eligibility by going to the 2014 Plan Document, Article II found here: http://www.tn.gov/finance/ins/pdf/spd2014.pdf Thanks- Joan Joan Williams Public Information Officer Benefits Administration W: 615.741.9536 C: 615.210.5451 Good Business. Great Customer Service. This transmission, regardless of modality, contains confidential information and may be subject to protection under the law, including the Health Insurance Portability and Accountability Act (HIPAA). If you are not the intended recipient, or an authorized agent for the intended recipient, you are hereby notified that use, such as but not limited to disclosure, copying, or distribution, is PROHIBITED! Please destroy any and all copies immediately and notify the sender of this erroneous https://mail.google.com/mail/u/1/?ui=2&ik=74fb071f0f&view=pt&q=Joan.Williams%40tn.gov&psize=50&pmr=100&pdr=50&search=apps&msg=14ba90667206cf... 1/2 ELIGIBILITY AND ENROLLMENT Employee Eligibility The following employees are eligible to enroll in coverage: o Full-time employees regularly scheduled to work at least 30 hours per week o Seasonal employees with 24 months of service and certified by their appointing authority to work at least 1,450 hours per fiscal year, (July-June) o All other individuals cited in state statute, approved as an exception by the State Insurance Committee or defined as full-time employees for health insurance purposes by federal law Employees NOT Eligible to Participate in the Plan Individuals who do not meet the employee eligibility rules outlined above, including: o Individuals performing services on a contract basis o Individuals in positions that are temporary appointments Unless they otherwise meet the definition of an eligible employee under applicable state or federal laws or by approval of the State Insurance Committee. Dependent Eligibility If you enroll in health, vision or dental coverage, you may also enroll your eligible dependents. You or your spouse must be enrolled in optional term life in order to add a child term rider to the coverage. You do not have to be enrolled in longterm care to enroll your eligible dependents. If you are enrolling dependents, you must provide proof of eligibility when you apply for coverage. The following dependents are eligible for coverage: o Your spouse (legally married) -- Article XI, Section 18 of the Tennessee Constitution provides that a marriage from another state that does not constitute the marriage of one man and one woman is "void and unenforceable in this state" o Natural or adopted children o Stepchildren o Children for whom you are the legal guardian o Children for whom the plan has qualified medical child support orders All dependents must be listed by name on the enrollment application. Proof of the dependent's eligibility is also required. Refer to the dependent definitions and required documents chart included on the enrollment application for the types of proof you must provide. A dependent can only be covered once within the same plan, but can be covered under two separate plans (state, local education or local government). Dependent children are eligible for coverage through the last day of the month of their 26th birthday. Children who are mentally or physically disabled and not able to earn a living may continue coverage beyond age 26 if they were disabled before their 26th birthday and they were already insured under the state group insurance program. The child must meet the requirements for dependent eligibility listed above. A request for extended coverage must be provided to Benefits Administration within 60 days before the dependent's 26th birthday. The insurance carrier will decide if a dependent is eligible based on disability. Coverage will end and will not be restored once the child is no longer disabled.  5mg or GROUP PROGRAM ENROLLMENT CHANGE APPLICATION SluleolTennessee - Depomlemlolrmonee ulld - 317 Ram Parka/Menus - Wuu - 37243 lax 5l574ml95 ii For! 1: Anion Requeslod please see page A Ior inelmclions type or Aolloll Parlicipams fig Add coverage Change Telmlmolo Cnvemge Spouse Reason Actlan New Mlle/Newly nlglele Cuull older Momoge anmumle Employmem legal anbarn/Adaptlon Ll Dzalh (also m: 3'l 7 Coverage Ammo {g Cl lelon Park 2: Employee lniormolion Nome lemme 7 6 (M 7 Fee; 59 ol curl|yNumbe( lmoloylngAgellcy "some; fiflv/nzq 51mm Hume Address rlly Gender Murlml slow, meloyz;z3roup Due Um game Ulocale Qlemleey Imam :lceolol Collmy' Dole pl Pon 3: Health Coverage Selecliorl Seleel Optiall seleel a cenlel slonoola PFC L9 El and lnculgov only) ciglln LamIPlus [moole anly] Seleel lleolm. Where You llv: or Work Seleel Henllh Vremiulu luvL-I a em seamen rurmapand Doluployeennly employee thldUen) stall: leeloeme West employee >spoose fl] employee sppoee :hlld(ren| roll 5: Vision Coverage Seleel Plan Basic rlon Expanded Plan Purl a: Dental Coverage Selection Seleelo Plan Seleel Demol Premium level nello mm Asxumnfl'repdld employee employee Spouw employee spouse emlolloo) Sal-ml vlelom Premium Level employee omly employee employee epuuae employee spuuse . Fork 5; Dependem Information 7 much separake ellee: if nacessuly Nome mm, Ml, loll om. nl vloom Rommel sender womanly "perm, El 7 {mi lama;> if El I 50a Eyfll Wm dole lme me el mom 9e, olym, momma" oroomllomeoe Praol of a dependem's ellololluy mus! bn w'lm lol all new oepondems lsee page 2) Number goalie mole oeplmlollo ls attached Pan 7: Employee AMhnrizmicn lomlmm mm mm l; llol close lle Pro, ole" logme o, me lemme mo meme"; ellm oelmmellp larlhc plomyeo, meme om page. llmow lose my elm lalsc mlomomm my men lm om leuul gloom lmoeelmo llol .l my elm-mm. lee; meme ll lemme ll lloolo ol me mm lee el Mer momma om .l ly my molly my ommlm nl lm>> less 0' .me ll, hold mmpemlele Statement from Glenn: Dear Mr. Williams, When I was hired by the Tennessee District Attorneys General Conference, was told by the HR Office that it was mandatory for me to enroll in coverage when first employed. For the months ofJuly and August, I paid a total of approximately $600 in premiums. My family?s claims during those months cost the insurance provider approximately $87. If the policies of the Tennessee District Attorneys General Conference were incorrect, I will reimburse the state. As to Council Members Claiborne and Dominy, have invited them to meet with me to discuss their concerns. Glenn Funk District Attorney Dorinda Carter Director of Communications Office of District Attorney General Glenn Funk 222 2nd Avenue North, Suite 500 Nashville, Tennessee 37201 .g 009 le.com/mai l/u/O/?ui =2&i k=74fb071f0f&vi ew= pt&search= i 14bd09e994f8872b&si ml 14bdc9e994f8872b 1/2 STATE OF TENNESSEE DEPARTMENT OF SERVICES OFFICE OF THE INSPECTOR GENERAL INTERNAL AFFAIRS DIVISION Russell Winters Samantha W. West Director Regional Supervisor TO: Jennings Jones, Esquire District Attorney General, Rutherford County Juvenile Division, 20th Judicial District THROUGH: Russell Winters, Director FROM: Samantha W. West, Regional Supervisor DATE: January 31, 2014 SUBJECT: Internal Affairs Case: Enclosed you will ?nd the Internal Affairs Case report referenced above. Department of Children?s Services (DCS) Internal Affairs Regional Supervisor Samantha West completed this report, regarding former Department of Children?s Services Foster Parents Wilford Wayne and Carla Ford. The Department?s Internal Affairs tion determined that the Ford?s received 223.12 dollars in board ments for lacement in their home. However, We further determined that ived with I icole McKinney majority of the time without the knowledge 0 aproval of DCS. The Fords, who willfully accepted board payments from the Department, did not provide any ?nancial support to the McKinney?s. Based on the Department?s investigation, Mr. and Mrs. Ford?s actions may have violated Tennessee Code Annotated: a 39-14-103. Theft of property. A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent. The Department?s consent to Mr. and Mrs. Ford receiving board payments was conditioned on their day-to- day care for child. Given that our investigation determined they were not providing daily care for the child, they received these payments without the Department?s consent. Please ?nd enclosed the completed summaries and attachments for your review. If you have any questions, please contact me at (615) 361-4117. Enclosure Cc: Elizabeth Cambron, Deputy General Counsel 436 Sixth Avenue North, 9th ?oor Cordell Hull Building, Nashville, Tennessee 37243-1290 Telephone No. (615) 361-4117 Facsimile: (615) 361-4719 -r 31". i? ii a" di $0009.00 We? arm gm; filming [trims-?1 M95 s; 1? i1 1 ?El COURT NUMBER STATE OF TENNESSEE, RUTHERFORD COUNTY CIRCUIT COURT COUNT THEFT OVER $1,000 The Grand Jurors for Rutherford County, Tennessee, duly impaneled and sworn, upon their oath, present that CARLA KENT FORD, heretofore, to?wit, between November, 2012, and August, 2013, before the ?nding of this presentment, in said County and?State, unlawfully, feloniously and knowingly did obtain or exercise control over property, to?wit: US. Currency, worth not less than $1,000.00 but not more than $10,000.00, without the effective consent of the owner, State of Tennessee, Department of Children?s Services, and with the intent to deprive the owner thereof, in violation of Tennessee Code Annotated 39?14?103, 3 class felony, and against the peace and dignity of the State of Tennessee. Warn/L, R. HELPER District Attorney General n11, Imp CIRCUIT COURT NUMBER STATE OF TENNESSEE CARLA KENT FORD a: E2: A TRUE BILL EQREMAN 1% To THE CLERK: A - IE SUBPOENA THE FOLLOWING WITNESSES FOR THE STATE OF TENNESSEE I See WItness HELPER District Attorney ral 1% Filed and entered CIRCUIT COURT CLERK ' EfiLpuwuaJ CARLA KENT FORD See Witness List 1. Samantha West, Department of Children's Services, Inlemal Affairs Division, 436 Sixth Avenue North, Floor Nashville, Tennessee 37243. 2. Robert Jason McKinney,-- 3, Catherine Nicole McKinney, -- Harm El KIM R. HELPER Dixtrict Attorney General a 311612015 Journal Communications Mail - Request for comment Phil Williams Request for comment 2 messages Maneuverzxumuz. Phil Williams . Fri, Mar 13, 2015 at 11:03 AM Reply-To: pwilliams@newschannei5.com To: Glenn Funk glennfunk ?Dorinda Carter General Funk, As you know, state lawmakers are asking what you did for the money when you were on the payroll of the Tennessee District Attomeys General Conference. We have also been asking that question and are preparing a story to run as early as Monday. During our interview, you told us that you talked to witnesses in the Carla Ford case. In addition, you told your staff in an email that you were preparing the case for presentation to the September term of the Rutherford County grand jury. Over the past week, we have interviewed the key witnesses in the Caria Ford case. The original complainants told us on camera that you never called them or talked to them. The young couple who kept the children for Carla Ford also told us that you never called them or taiked to them. in addition, the Department of Childrens Services tells us that you never called or talked to their investigator in late June or at any point in July -- when you were on the TNDAGC payroll. You called and left a voice mail on August 6th. The investigator returned your phone call and left a message on August 7th. You did not further communication with her for the rest of August. On September 1st, you took o?ice and your part?time job ended. The September term of the Rutherford County Grand Jury, according to Jennings Jones, was September 24. The of?ce has no record of you asking to appear before the Grand Jury. According to DOS, you reached the investigator on September 10th and had a ?ve-minute phone conversation where she outlined the case for you. That was the only time you ever talked to her. Senator Mike Bell told us. "He received $4,000 in taxpayer money to do werk and so far I've seen no evidence that he did anything in that two-month period." Your comment is welcomed. Thanks, Phil Phil Williams Chief Investigative Reporter NewsChannel 5 3116/2015 Journal Communications Mail Req Uest for comment 474 James Robertson Pkwy Nashville TN 37219 Voice: (615) 248-5390 Website: newsohannel5.comlinvestigates Follow me on Facebook and Twitter Email: pwilliams@newschannel5.com Glenn Funk Mon, Mar 16, 2015 at 9:18 AM To: "pwilliams@newschannel5.com" Dear Mr. Williams, was preparing this case for presentation to the Rutherford County Grand Jury. I intended to handle this case through its completion. l_had no role in the reassignment of this case. I remain willing to participate in this prosecution. Glenn Funk Sent from my iPhone {Quoted text hidden} TENNESSEE DISTRICT ATTORNEYS GENERAL CONFERENCE WILLIAM C. WHITESELL, JR. INTERIM EXECUTIVE DIRECTOR March 16, 2015 Chairman Brian Kelsey 7 Legislative Plaza Nashville, TN 37243 Dear Chairman Kelsey, I, William C. Whitesell, Jr., as District Attorney General for the 16th Judicial District, was contacted by a Mr. Harold Grider concerning allegations against Ms .Carla Ford. Exhibit 1. I became aware that representatives from the Department of Children Services had visited my office on a previous occasion and discussed these allegations with one of my Assistant District Attorneys, Jennings Jones. When Mr. Jones learned that the subject of the complaint was Carla Ford, a local attorney, he advised the DCS representatives that because of his professional relationship with Ms. Ford that he would recuse himself from the case. After Mr. Grider?s communication with me I contacted DCS and received the information regarding the investigation of Ms. Ford. Exhibit 2. Prior to my retirement effective August 30, 2014, I requested a pro tem prosecutor be appointed by the Tennessee District Attorneys General Conference to investigate the potential prosecution of attorney, Carla Ford, regarding the possible misappropriation of state funds ?om the Department of Children Services. This was because I would be leaving of?ce before the conclusion of the case and knew that District Attorney General elect, Jennings Jones, would recuse himself from the prosecution. Glenn Funk was appointed by Wally Kirby as a prosecutor pro tern to investigate and prosecute the case, based on his determination that there would be suf?cient evidence. Exhibit 3. . On March 12, 2015, I spoke to District Attorney General Jennings Jones of the 16th Judicial District by phone. He advised that he was contacted in September of 2014, by Mr. Harold Grider complaining that nothing had been done in the case regarding Carla Ford. Mr. Jones requested that the District Attorneys General Conference appoint a pro tem prosecutor. Exhibit 4. General Jones advised that he was unaware that, at that time, District Attorney General Glenn Funk had been appointed as pro tern prosecutor, prior to Mr. Jones assuming office. He did recall a conversation or conversations on a previous occasion Where Mr. Funk had mentioned in passing that he would take the Carla Ford case, but his recollection was vague as to the time frame of the conversation. On March 13, 2015, in an in person conversation with me at the conference office, he also recalled that Mr. Funk made mention of presenting the case to the Rutherford Grand Jury, but General Jones did not make the connection that he had actually been appointed as the prosecutor pro tem. On March 12, 2015, I spoke to General Kim Helper of the 21st Judicial District by phone. She advised her o?ice accepted the appointment, in the case regarding Carla Ford, as the District Attorney pro tem in mid September 2014. The case was initially assigned to Assistant District Attorney, Mary Katherine White. Ms. White noted on the ?le that the case needed to be 226 Capitol Boulevard, Suite 800 Phone: (615) 741-1696 0 Fax: (615) 741-7459 Nashville, TN 37243-0890 Website: investigated. The case was then assigned to Assistant District Attorney Tammy Rettig. General Helper advised that there were no notes or documents generated by General Glenn Funk in the case ?le. On March 13, 2015, 1 spoke to District Attorney General, Glenn Funk, of the 20th Judicial District by phone. He advised that he did not maintain any time records on the Carla Ford case. I General Funk advised that he had prepared a summary of his actions in the Carla Ford matter. Exhibit 5. On March 13, 2015, I contacted Mr. Harold Grider and made arrangements to have Catherine Nicole McKinney his granddaughter, contact me. She would have been a witness in the case against Ms. Ford. I spoke to her by telephone late Friday afternoon and she advised she nor her husband had ever spoken to Mr. Funk. On March 16, 2015 I spoke to Samantha West, an investigator with the Tennessee Department of Children?s Services. She advised that as the investigator in the Carla Ford matter she became aware that a pro tem prosecutor had been assigned to the case in July 2014. She called Glenn Funk on August 6, 2014 but he was out of the of?ce. On August 7, 2014 he returned the call but she was out of her Of?ce. They did have a conversation by phone on September 10, 2014 relative to the Ford matter that she estimated lasted approximately ?ve (5) minutes. That was the extent of her contact with General Funk. Additionally I was asked to provide information concerning General unk?s appointment as a district attorney pro tem for the Tennessee District Attorneys General Conference. Exhibit 6. I have also provided the information requested concerning General Funk?s salary as a pro tern for the Conference, totaling $4761.14. Exhibit 7. The Tennessee District Attorneys General Conference, in an attempt to be transparent, has contacted the Comptroller of the Treasury, the Tennessee Board of Professional Responsibility, and the of?ce of the Tennessee Attorney General. Exhibit 8. As you are already aware, former Executive Director of the Conference, Wally Kirby has resigned and retired. I have also enclosed the pending indictment against Carla Ford, which is presently pending in Rutherford County Circuit Court. Exhibit 9. Respectively, William C. Whitesell, Jr. Interim Executive Director 1 District attorneys or assistant district attorneys typically do not keep time records on individual cases as is the practice among private attorneys who bill by the hour. This would not be necessarily required prior to the grand jury meeting to hear the case. It is possible the DCS investigator would be sufficient as a grand jury witness. For years the District Attorneys Conference has employed former assistant District Attorneys and former District Attorneys to serve as independent prosecutors on occasional cases when a con?ict of interest precludes a local DA ?om prosecuting a case in their district. Independent prosecutors do not report to a particular DA. They are assigned cases and charged to handle the cases using their best judgment. Within the last few years, the conference has employed a full time prosecutor to handle a majority of these cases, but some cases are still handled on a case by case basis by private attorneys. Over the years, I have been asked to handle several cases as an independent prOSecutor. (Sometimes this position is referred to as a pro tem,? sometimes as a ?staff attorney?) As examples, I have been assigned an aggravated assault in Knox County, a DUI in Rutherford County, a theft in Williamson County and an official misconduct in Warren County. I have also been assigned to investigate a case in McNairy County that did not result in criminal charges. Some of these cases required brief investigation, one or two court appearances and resolved with a guilty plea within sixty days of assignment. Others required investigation and multiple court appearances. The Warren County case ultimately resulted in a week long jury trial where mo st of the hours worked were near the end of the case. After some discussion in June, 2014, I was offered and accepted a positiOn where I would be a salaried employee, paid as a part time employee at a rate of $2,083 per month. The Executive Director advised that he could not guarantee what the volume of my caseload would be, but he expected probably 4 5 cases in Middle Tennessee with none in Davidson County. This was a situation where I was essentially a part time, salaried independent prosecutor on call for whatever cases I would be assigned. The volume of assignments was unpredictable and based on the needs of the conference. I had no ability to predict the number of cases or hours involved as each were to be decided by the conference. I agreed to take on whatever was assigned. - As it turned out, I was assigned one case during this period. That case is now pending, so I cannot ethically discuss the facts of the case. This case presents a unique and fairly complex fact situation. I reviewed the ?le and called the investigators. I spoke with then Assistant DA Jennings Jones (now District Attorney Jennings Jones) on more than one occasion, in person, to get details on the background of the case, why a pro tem was requested, and to get counsel \on Rutherford County procedure. I even discussed with Mr. Jones that I was considering allowing the target an opportunity to testify to the Grand Jury due to the nature of the allegations. I went to the Rutherford County of?ce to obtain possible dates to present the case to their Grand Jury. This case was destined to be a case where there would be no quick resolution and most of my time commitment would be spent a?er the indictment. This case would have rami?cations on the target beyond just any possible criminal sanctions. The outcome could affect the target?s employment and reputation. As such, the potential for a jury trial is very high. Erma/7* 5 A couple of days before I took of?ce, Mr. I ones sent a request for a pro tem to the conference on this same case which I was already handling and eXpected to present. The conference reassigned the case. I turned the ?les over to the new designee, the Williamson County office. I continue to expect that this case will require protracted litigation. I have informed the Williamson County DA that I am willing to fully participate in this prosecution. A few weeks ago, in February, 2015 I asked Mr. Jones if he remembered our conversations ?om last summer about the matter. He responded that he did. I then asked him why he requested a pro tem on August 26. Despite our earlier conversations, he said that it failed to register with him that an independent prosecutor had been appointed. Mr. Jones was transitioning to his new role as DA, an involved process that I am familiar with because I did the same thing, so perhaps his new responsibilities commanded more of his attention than recollecting the circumstances of one case. At any rate, I had no role in the reassignment. I knew when I accepted the position that I would be on call to handle whatever was assigned, whether that was one case, ten cases, simple cases or complex cases. I was offered a job. I accepted the job. I performed the job and I remain available to continue work on the assignment. METROPOLITAN COUNCIL Member of Council March 18, 2015 The Honorable Govemor Bill Haslam State of Tennessee 1st Floor, State Capitol Nashville, TN 37243 Attorney General Herbert H. Slatery, ill 425 Fifth Avenue North P.O. Box 20207 Nashville, TN 37202-0207 Dear Governor Haslam and Attorney General Slatery, in recent weeks, the actions of Metro Nashville-Davidson County District Attorney Glenn Funk have raised a number of legal questions regarding possible improprieties, which resulted in a meeting of the Tennessee District Attorneys General Conference in mid- February of this year. Of first concern is the hiring of Mr. Funk on June 23, 2014 by then Executive Director, Wally Kirby, to a newly-created, part-time DA position, which allowed Mr. Funk to enroll in a more favorable state retirement plan that closed out on June 30, 2014. Thirty-one of the thirty-two DA Conference members were present and their position as reported to the Comptroller of the Treasury on February 18, 2015 was, ?As a result of General Funk being hired June 23, 2014, he was placed in a more favorable state retirement system that ceased to exist June 30, 2014. It is our opinion that this could be viewed as an abuse of public money as defined in T.C.A. 8-19-501 and therefore we are making this report.? The District Attorneys District Conference took action to suspend Mr. Kirby for 30 days without pay and placed a letter of reprimand in his personnel file. The basis for this action was explained in a statement issued by the Conference indicating, ?The members of the conference were not consulted nor were they made aware of this hiring of Funk as a part- time assistant district attorney while he continued his practice as a defense attorney in apparent conflict with Tennessee Code Annotated 8-7-31 1 A second concern was that Assistant DA Funk, working as a part-time employee, chose to enroll in the State Health Insurance Plan two months before he became eligible as a full- time employee. This action resulted in the state paying two months of the state contribution to his family plan insurance premium, as well as claims that were paid during that time. One Public Square, Suite 204 Nashville, Tennessee 37219 Office: 615/862-6780 Fax: 615/862-6784 The Honorable Governor Bill Haslam Attorney General Herbert H. Slatery, Page Two March 18, 2015 Other issues and concerns have been raised about Mr. Funk?s actions that we will not address in this letter. But combined with the above, they do factor into the statement released by the District Attorneys General Conference on February 13, 2015 which read in part, ?As a result of our meeting, the conference members have decided on a course of action we believe necessary to uphold the heightened standards of integrity and openness the public expects - and should receive - from its state prosecutors at all times.? With this background, we are respectfully requesting that you consider appointing a Special Prosecutor to investigate the actions of District Attorney Glenn Funk from June 2014 until the present time. External examination of these issues should clarify and define wrong doing or the lack thereof. We feel this course of action to be in the best interest of Mr. Funk, the State of Tennessee, the Metro Council (who funds 75% of the $7.6 million operating budget), and the voters who elected him to serve as the chief prosecutor of Metro Nashville-Davidson County. Respectfully, Phil Claiborne Jmes Bruce Stanley Councilman District 15 Councilman District 14 Charlie Tygard Councilman At-Large M04 Anthony Davis Councilman District 7 Steve Glover Councilman District 12 62?6 Josh Stites Councilman District 13 Tony Tenpenny Councilman District 16 Sheri E. Weiner Councilwoman District 22 W4 Davette Blalock Councilwoman District 27 gram Robert Duvall Councilman District 33 OFFICE or THE DISTRICT ATTORNEY GENERAL GLENN R. FUNK District Attorney General March 19, 2015 The Honorable Brian Kelsey 301 Ave. N. Suite 7 Legislative Plaza Nashville, TN 37243 Dear Chairman Kelsey: I have always believed that all my actions were authorized, legal and ethical. Nevertheless, in hindsight I can understand how this situation may appear as me being afforded an unfair advantage. When this issue arose, I thought that the best approach would be for the Comptroller?s Of?ce, which has an oversight role for the state, to advise both the District Attorneys Conference and me on the appropriate action to take if any were needed. However, this issue is taking public attention ?'om the reasons I sought this of?ce helping battered women and children, and trying to bring more equity to Nashville?s justice system. In addition, I understand that it is important for the legislature and the public to have complete faith in the integrity of the District Attorneys Conference and the individual District Attorneys. Therefore, so as to remove any questions regarding my state bene?ts, 1 am completing paperwork to enroll in the post July 1, 2014 retirement system, and I am withdrawing from the pension program. Further, I will reimburse the State for any ?Jnds disbursed on my behalf for salary and insurance during July and August 2014. I apologize for the distraction that my actions have caused the legislature and the District Attorneys Conference. I have fully and openly answered all questions about the factual events of this employment. I remain available to answer ?Irther questions. Sincerely, Glenn R. Funk District Attorney General CRIMINAL DIVISION - 20TH JUDICIAL DISTRICT - DAVIDSON COUNTY Washington Square. Suite 500 0 222 2nd Avenue North 0 TN 37201: 1649 Tel. 615 862-5500 Fax 615 862-5599 Cc: Senator Doug Overbey Senator Janice Bowling Chairman Mike Bell Senator Todd Gardenhire Minority Leader Lee Harris Senator Sara Kyle Senator Ken?y Roberts Senator John Stevens Kevin W. Teets Jr. Advacuty, Palill'cul gmpal'gns, Publlc Relations Stmiegiej, Leadership Team Mgnagemznt PERIENCE 3mm in; and s1 - :10 1'1} ming for 1qu Nashville, TN Found" 34 Principal May 201 - Client: Exganding Medicaid fix a Healthy TN- Brought more man 10 advonxcy toguhu undel a mauled 50lc(4) to raise and {and $30,000 in research, massage dcveiopmeni, and advocacy (201 3), 0 Chem: Tonnem gcmocrane Pauy: Caniracied 111a TN Demnciniic Party ro manage sutewide candidate recruinneni affons for Demncraric oaadidaiea in die TN House of Representatives (2011-2012) . Clicnl: Banding Nashviuc Tageiner: Hired mnie lhan an organizers and cxccuted field xtvalcgies for 11 Nasavme Meiro enuncii Races as pan