Sexton elected speaker, Byrd ouster deferred
Rep. Gloria Johnson (D-Knoxville) makes a motion to oust Rep. David Byrd (R-Waynesboro) for sexual misconduct during a special session in Nashville on Aug. 23, 2019. (Erik Schelzig, Tennessee Journal)
Rep. Cameron Sexton (R-Crossville) was elected House Speaker on Friday and the chamber turned back Democrats’ attempts to oust Rep. David Byrd (R-Waynesboro) over sexual misconduct allegations.
Sexton was elected on a 94-0 vote, a rare moment of unity in a House rocked by the scandal-plagued speakership of Glen Casada (R-Franklin), who did not attend the special session.
Efforts to oust Byrd were sent back to the Judiciary Committee.
Rep. Cameron Sexton presides over his first session as House speaker on Aug. 23, 2019. (Erik Schelzig, Tennessee Journal)
AG asked to opine on power to oust Byrd from House
Rep. Cameron Sexton (R-Crossville) speaks to the House Republican Caucus after winning their nomination for speaker on July 24, 2019. (Erik Schelzig, Tennessee Journal)
Rep. Cameron Sexton, the Republican nominee to be elected speaker during Friday’s special session, is asking state Attorney General Herbert Slatery about whether the chamber has the power to oust Rep. David Byrd over allegations of sexual misconduct with teenage basketball players when he was their coach in the 1980s.
UPDATE: The Tennessean’s Joel Ebert reports that the AG’s office does not anticipate being able to answer in time for the special session.
For those wondering whether the @TNattygen's will be answer to answer the request before Friday's special session – the answer is no. A spox told me the AG's office does not "anticipate being in a position to reasonably answer the request by Friday."
— Joel Ebert (@joelebert29) August 21, 2019
Here’s the full text of the letter:
Dear General Slatery:
Article 11, Section 12 of the Tennessee Constitution provides:
- Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same offence; and shall have all other powers necessary for a branch of the Legislature of a free State.
The Tennessee House of Representatives has used the power to expel only twice since 1866. In both instances, the member was expelled for conduct that occurred during the time of the member’s service. I am writing to request an opinion as to the following question:
- May the House of Representatives expel a member for conduct which occurred more than twenty-five years prior to the member’s initial election to the House of Representatives and that is publicly known at the time of the member’s most recent re-election to the House of Representatives?
As always, I appreciate the work that you and your staff provide to the General Assembly and to the citizens of Tennessee. Thank you for your attention to this matter.
Respectfully submitted,
/signed/
Representative Cameron Sexton
25th Representative District
Resolution to oust Byrd won’t be on calendar. But is one even needed?
Embattled Rep. David Byrd (R-Waynesboro) attends a House Education Committee meeting in Nashville on March 28, 2019. (Erik Schelzig, Tennessee Journal)
The Tennessean’s Natalie Allison reports that a resolution seeking to oust state Rep. David Byrd (R-Waynesboro) over sexual misconduct allegations dating back to when he was a girls’ high school basketball coach in the 1980s won’t be placed on the House calendar for this week’s special session.
If Rep. Gloria Johnson (D-Knoxville) wants her resolution to be taken up, it would require a two-thirds majority to suspend the rules — the same margin required to oust a sitting member.
But there’s a fairly obvious workaround, if past experience with the ouster of then-Rep. Jeremy Durham (R-Franklin) is any guide. During the 2016 special session to undo a drunken driving bill that threatened $60 million in highway funds for running afoul of federal guidelines, Rep. Susan Lynn (R-Mt. Juliet) stood to announce a motion to oust Durham over the sexual misconduct allegations laid out in a state attorney general’s report.
There was no accompanying resolution for the successful effort to remove Durham, which rankled the former lawmaker’s few supporters in the chamber. They included then-Rep. Rick Womick (R-Murfreesboro), who likened the House to a “banana republic” if any member could just stand and make a motion to oust another.
But Joe McCord, the House clerk at the time, cited the following provision in the Tennessee Constitution outlining the power to remove members:
Section 12. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same offense; and shall have all other powers necessary for a branch of the Legislature of a free state.
While the General Assembly is required to stay within the governor’s call for the special session, which are to pass updates to court rules that didn’t get taken up during this spring’s regular session, internal housekeeping matters like leadership elections are also allowed.
Byrd, who was recorded by one of the now-adult women apologizing for unspecified sins in the past, has been urged by Lee not to seek re-election next year.
Byrd removed from subcommittee chairmanship following anti-voucher vote
Embattled Rep. David Byrd (R-Waynesboro) attends a House Education Committee meeting in Nashville on March 28, 2019. (Erik Schelzig, Tennessee Journal)
Embattled state Rep. David Byrd (R-Waynesboro) has been removed as chairman of House education subcommittee a day after voting against Gov. Bill Lee’s school voucher proposal.
House Speaker Glen Casada (R-Franklin) announced the move Thursday, The Tennessean reports.
“Following discussions with members of the House and after careful consideration, I have formally asked Representative Byrd to step down from his position as chairman of the House Education Administration Subcommittee,” Casada said a statement.
Byrd’s chairmanship has been the subject of regular protests at the legislative office complex over allegations of sexual misconduct with teenage basketball players when he was their high school coach in the 1980s. Byrd was overwhelmingly re-elected in November despite revelations that he apologized to one of the women in a recorded phone call.
“Representative Byrd agrees that this is the best path forward in ensuring the House of Representatives can focus on the issues that truly matter to all Tennesseans. This decision is based on input from members and to continue the orderly operations of the House,” Casada said in the statement.
Byrd has long been a target of school choice proponents for his steadfast opposition to voucher legislation. This year’s voucher bill cleared the House Education Committee on Wednesday on a 14-9 vote. Byrd was among four Republicans who voted against the measure.
Casada supported Byrd during his re-election campaign, and had defended appointing him to his subcommittee chairmanship until Thursday.
UPDATE: Casada’s chief of staff, Cade Cothren, told reporters it would be an “absolute lie” to suggest Byrd’s removal as chairman was linked to his voucher vote.
GOP colleagues split over Byrd chairmanship
A Tennessean survey of House Republicans has found the caucus is split over whether Rep. David Byrd (R-Waynesboro) should remain chairman of an education subcommittee given allegations of sexual misconduct with teenage basketball players when he was their high school coach in the 1980s.
House GOP split on whether Rep. David Byrd should serve as subcommittee chairman; some call for inquiry https://t.co/TNmdob8kJ4 via @Tennessean
— Joel Ebert (@joelebert29) March 25, 2019
Byrd has not specifically denied the allegations made by a woman who recorded a phone call with the lawmaker in which he apologized for unspecified past transgressions.
House Republican leadership tried to keep members from answering questions from the newspaper’s reporters, urging them to direct questions to caucus spokespeople. Eleven members declined to answer questions, while others spoke on condition of anonymity.
Casada’s office orders removal of women protesting Rep. Byrd
House Speaker Glen Casada’s office ordered troopers to remove six women holding signs protesting Rep. David Byrd’s chairmanship from a committee meeting.
NOW: trooper says Speaker Glen Casada’s office has asked them to have women move who are in Rep. David Byrd’s committee meeting holding 8×11” signs and speaking to lawmakers during recess. pic.twitter.com/kbCI738Umz
— Natalie Allison (@natalie_allison) February 26, 2019
The Associated Press reports the women sitting in the audience held signs at face-level reading “Enough is enough,” “Take a stand,” and “Protect constituents.” Three women have accused Bryd of sexual misconduct when they were teenage basketball players and he was their their 28-year-old high school basketball coach.
One of the women, Christi Rice, has since recorded a call to Byrd in which the lawmaker apologizes for unspecified transgressions. He has denied anything happened with other students.
“I wish I had a do-over because I promise you I would have corrected that and that would’ve never happened,” Byrd said in the recorded call. “But I hope you believe me when I say that it’s one of those things that I think about it all the time, and I always ask forgiveness for it and I hope you forgive me.”
Casada’s predecessor, Beth Harwell, had demanded Byrd’s resignation after the allegations were first aired by WSMV-TV last year. But Casada has deemed the allegations to be “fake news” and appointed Byrd chairman of an education subcommittee after he was overwhelmingly re-elected in November.
Lee says he didn’t authorize mailer for Rep. David Byrd
Republican gubernatorial candidate appears in a state GOP mailer supporting controversial Rep. David Byrd of Waynesboro. Only problem is that Lee says he didn’t authorize it.
Lee was asked about the mailer in Williamson County on Tuesday, and said he did not know whether the photo was taken before or after sexual misconduct allegations were made public about Byrd. Two women said Byrd touched them inappropriately when he was their 28-year-old basketball coach, and a third said he tried to.
“I haven’t seen that picture, so I don’t know, and we didn’t authorize the use of that,” Lee said.
House Speaker Beth Harwell (R-Nashville) and Senate Speaker Randy McNally (R-Oak Ridge) called for Byrd’s resignation, but he is seeking re-election this year.
Casada’s PAC running ad defending Rep. Byrd as victim of ‘fake news’
State Rep. Glen Casada is running digital ads in support of Rep. David Byrd’s re-election campaign, likening him to Supreme Court nominee Brett Kavanaugh and President Donald Trump and saying the lawmaker is the victim of “lies & fake news” spread by liberals.
Stand with Coach DAVID BYRD for State House!
What does Representative DAVID BYRD have in common with President Trump & Judge Brett Kavanaugh? They’re all being attacked by unhinged liberals & FAKE NEWS with false accusations because they’re fighting for our conservative agenda! Don't buy their desperate lies…
Posted by Keep Tennessee Republican on Thursday, September 27, 2018
Three women alleged in March report by WSMV-TV that Byrd (R-Waynesboro) had inappropriately touched and kissed them as teenagers while he was their 28-year-old high school basketball coach. One of the women secretly recorded a telephone call to Byrd in which he apologized and told her how “hard it has been for me” to live with his actions with the woman who was a 15-year-old student at the time.
House Speaker Beth Harwell (R-Nashville) promptly called for Byrd’s resignation. Senate Speaker Randy McNally (R-Oak Ridge) soon followed suit. Byrd issued a statement after the story broke, stating that he has done nothing wrong over his two terms as a state representative and expressing disappointment that Harwell “so quickly turned her back on me.”
Byrd’s image wasn’t helped by revelations that he served as a character witness in 2013 for a family friend who as a 23-year-old teacher pleaded guilty to statutory rape of a 16-year-old student. WSMV reported that Byrd, then the principal of Wayne County High School, told the court that he believed the defendant had learned his lesson and that he would “hire him in a minute” if he were able to teach again.
The AP reports that a national political action committee aimed at preventing politicians accused of sexual misconduct from being re-elected is now targeting Byrd.
