Audio: Chattanooga City Council -- May 20, 2008

The Chattanooga City Council on Tuesday afternoon effectively quelled public discussion on the future of Councilman John “Duke” Franklin Jr.’s seat the same day that the indicted official told some council colleagues that he is resigning.

Councilwoman Debbie Gaines moved that attorney-client meetings be held between City Attorney Randy Nelson and council members if they want to discuss the issue. She noted that city officials have received no letter of resignation from District 5 Councilman Franklin, who was charged last week with money laundering, giving false statements to federal officials and conspiring to obstruct justice.

“I don’t know why we are carrying something out publicly that we have no information on,” Ms. Gaines said toward the end of a discussion during Tuesday’s Legal and Legislative Committee meeting. The council approved her motion.

Councilman Jack Benson told the Times Free Press that Mr. Franklin called him Tuesday morning — six days after his federal indictment — to say he is going to leave the council. Mr. Benson said his colleague sounded “upbeat” but said he was stepping down because he did not want to be a distraction to the elected body.

Mr. Franklin did not attend the afternoon committee meeting or the evening full council meeting, and he could not be reached for comment Tuesday. His arrest last week was part of a 42-person roundup related to an alleged cocaine distribution operation.

Council Chairwoman Linda Bennett said she has yet to get a letter of resignation from Mr. Franklin, although she understands that he does plan to step down from the council.

“As soon as I would receive (a letter of resignation), I would notify the council and also the news media,” Ms. Bennett said.

Councilman Manny Rico said after the Legal and Legislative Committee meeting that he objected to the council’s committee vote for only one-on-one private meetings on the matter. Mr. Rico said he did not wish for the council to discuss the criminal charges against Mr. Franklin, but he wanted simply to talk about what will be done to replace the councilman should he resign.

“This is a slap in the face to the public,” he said of the council’s move to not talk about the future of the District 5 seat. “This is what’s wrong with us now that they think we’re covering up for people.”

Mr. Rico said the council needs to begin discussing how Mr. Franklin will be replaced if he resigns.

“We’ve got to start the process trying to get somebody in there to represent that district,” said Mr. Rico, the only council member who has said publicly that Mr. Franklin should resign.

Mr. Nelson said after the committee meeting that private attorney-client meetings would involve only himself and individual council members.

“I won’t talk with them as a group, I’ll talk with them one-on-one,” he said.

Mr. Nelson said if Mr. Franklin resigns, it’s most likely that an election for District 5 will be held in November. Mr. Nelson said any decisions about whether to appoint a temporary replacement for Mr. Franklin’s seat also would be made after he resigns, should he do so.

“There’s no vacancy to talk about right now,” Mr. Nelson said.

Some people already have emerged as possible candidates for the District 5 seat.

Cynthia Stanley Cash, who ran against Mr. Franklin for District 5 in 2005 and is president of the North Brainerd Neighborhood Association, said Tuesday she is looking at a run for his seat.

And Robert Schreane, former chairman of the North Brainerd Community Council, said he will “deeply consider” running for the position. But he said he would not run if Ms. Cash seeks the District 5 seat.

Former District 6 Councilwoman Marti Rutherford, who stepped down last fall after she faced charges that she lived not in District 6 but in Mr. Franklin’s District 5, said Tuesday that she is a District 6 resident and would not run for the District 5 seat.

Asked if she was running for District 6 again next spring, she said she would announce her plans in November.

When Ms. Rutherford resigned last fall, there was discussion about her post-employment medical benefits with the city. Mayor Ron Littlefield temporarily put Ms. Rutherford to work in his office to keep her employed with the city on her 62nd birthday so she could qualify for those benefits. But the mayor eventually gave up his efforts to get Ms. Rutherford the benefits after it was determined that legal precedent was against him.

City Personnel Director Donna Kelley said as far as she can determine, Mr. Franklin is not “approaching any milestones” related to city post-employment benefits.

Ms. Kelley said Mr. Franklin is vested in the city’s pension plan and even if he steps down from the council, he would be able to receive benefits when he reaches a normal retirement age. She said he could apply for pension benefits between ages 55 and 62.

And Ms. Kelley said that based on Mr. Franklin’s age, 49, he would not be eligible to receive retiree medical insurance benefits under the city’s health plan.

Mr. Franklin is not the only council member with charges leveled against him.

Councilman Leamon Pierce has a June court date in Hamilton County Criminal Court for a simple assault charge, according to the Hamilton County Criminal Court clerk’s office.

And local attorney Barry Abbott has filed a complaint to the state Alternative Dispute Resolution Commission against Councilwoman Carol Berz, charging that Dr. Berz, a mediator, misrepresented herself as an attorney, according to a document.

Dr. Berz has said that she graduated from law school but does not practice law.