Chattanooga: Council mostly takes wait and see approach on Franklin

At least one Chattanooga City Councilman called Wednesday for the resignation of fellow Councilman John “Duke” Franklin Jr., but others advocated a wait-and-see approach.

“Hopefully he’ll do the honorable thing and resign,” Councilman Manny Rico said.

Mr. Franklin was arrested Wednesday morning on federal charges of conspiracy to launder money, conspiracy to obstruct justice and false statement.

Federal law enforcement agents usually have plenty of evidence before they charge someone, Mr. Rico said.

Almost half of the City Council said they want to see how the case is resolved before taking any action.

“I have to wait and see what the evidence is,” said Councilman Jack Benson. “If he’s innocent, and he knows he’s innocent, I would expect him to try to hold onto the office.”

Council members Dan Page, Linda Bennett and Sally Robinson said it is too early to make a decision.

“There may be extenuating circumstances here,” said Ms. Robinson. “I am certainly not going to rush to judge.”

“Right now, we’re just kind of numb,” Ms. Bennett said.

Councilman Leamon Pierce said it was too early to comment on the situation. Councilwoman Carol Berz and Councilwoman Debbie Gaines could not be reached for comment.

Mr. Rico recommended holding an election for a replacement on Aug. 7, the date of the county’s sheriff election. Former Hamilton County Sheriff Billy Long was arrested in February and pleaded guilty last week to 27 charges, including extortion, money laundering, gun and drug charges.

The Chattanooga City Charter states that any vacancy “shall be filled by a vote of all the remaining members of the council” until a successor can be elected by the public. The charter also states that no one convicted of a felony who has not yet had his or her voting rights restored can serve in an elected office.

City Attorney Randy Nelson said he did not know of any part of the city code that prohibits someone from serving if they’ve been arrested but not convicted of a felony.

Richard Beeland, a spokesman for Mayor Ron Littlefield, said the mayor’s office was “shocked and disappointed and sad at this turn of events” but did not comment further.

Should Mr. Franklin resign, it would be the second resignation the council has seen in eight months. Councilwoman Marti Rutherford resigned in October 2007 after questions arose about her residency requirements. Citizen complaints claimed that she did not live in the district she represented, District 6, but lived in Mr. Franklin’s District 5.

Ms. Rutherford has said she moved to an address in District 6 and continues to live there.

In 2005, Mr. Franklin defeated Cynthia Stanley Cash for the District 5 City Council seat. Mrs. Cash said calls about his arrest started coming into her office around 11:45 a.m. Wednesday, about an hour after Mr. Franklin was put in handcuffs.

“He and his family are in my prayers,” said Mrs. Cash, president of the North Brainerd Neighborhood Association. “I’m surprised and I’m hoping it’s for something minor, like unpaid parking tickets.”

Quenston Coleman, chairman of the Unity Group’s M.L. King Birthday Celebration, said he hopes the investigation will be conducted fairly.

“Councilman Franklin is entitled to a fair hearing of any charges that are presented,” Mr. Coleman said. “I am sure that the justice system will be unaffected by social status but directed by the evidence presented and the unbiased rule of law.”

Eddie Holmes, former president of the local NAACP and Chattanooga Housing Authority Board chairman, said he hopes things work out for the councilman and his family.

“The Franklins are legendary in this community,” Mr. Holmes said. “The contributions they have made have been for the betterment of Chattanooga. He has been a street fighter for us.”