Special session opens door to expel legislators
NASHVILLE — Next week’s special session of the Tennessee General Assembly began as an effort to fix a state DUI law foulup, but the three-day session is now expected to also include attempts to expel one and possibly two representatives embroiled in legal messes.
Gov. Bill Haslam last week called the “extraordinary” session, which begins Monday, for the specific purpose of repairing a change in state drunken driving laws last spring that now threatens to cost Tennessee $60 million in federal highway funds.
But on Wednesday, House Speaker Beth Harwell, R-Nashville, said embattled Rep. Jeremy Durham, R-Franklin, alleged to have engaged in inappropriate behavior or outright sexual harassment allegations by 22 women in an investigation, will be subject to expulsion during the special session.
Durham’s expulsion is expected to come up as a procedural matter.
“Expulsion motions are procedural in nature, so it is permitted regardless of the call,” Harwell said in a statement. “There will be a motion and a vote on expulsion, and I welcome the opportunity to vote for it.”
The Associated Press quoted Durham’s attorney, Peter Strianse, as questioning whether the Tennessee Legislature can conduct any business and citing a provision that they can enter upon no business “except that for which they were specifically called together.”
“Any motion to oust Representative Durham would be beyond the scope of the proposed special session and,
thus, unconstitutional,” Strianse was quoted as saying.
But House leaders and officials said that doesn’t apply to procedures and this would fall into the procedural category and thus be allowable as they address the DUI issue.
Durham has denied many of the allegations in the investigation conducted by Tennessee Attorney General Herbert Slatery. The two-term lawmaker lost his Aug. 4 GOP primary after suspending his campaign after Slatery’s report was released.
But Durham, who also has been slammed with reports of a federal investigation of campaign finance issues uncovered by Slatery’s probe, has refused to resign. Democrats have had a field day attacking the Republican majority over Durham-related issues.
But Republicans have targeted Rep. Joe Armstrong, D-Knoxville, convicted in federal court last month of filing a false tax return in a case in which Armstrong personally profited from sales of official state cigarette stamps but didn’t report the money to the IRS.
House Republican leaders failed last month in efforts to get enough representatives to sign a petition calling for a special session to oust Durham and Armstrong.
Democrats have sought to make the case that if Durham isn’t expelled before his second two-year term is up on Nov. 8, he will be eligible for lifetime state employee pension benefits when he comes of age. That’s $340 a month. Armstrong qualified for his pension years ago, and court rulings prevent lawmakers from stripping him of a property right.
The unrelated DUI law issue has now given critics an opening.
“I think she’s right from that standpoint,” said House Majority Leader Gerald McCormick, R-Chattanooga, of Harwell’s reasoning. “I think it would be in order to take that [Durham expulsion] up as well as taking up the case of crooked Joe Armstrong, which I suspect will also happen. So I think we will see that happen next week — unless they both do the responsible thing and resign Monday before 2 p.m., which I’m encouraging them to do.”
“They’ve made a series of bad decisions before and they may continue on that path,” McCormick said of Durham and Armstrong. “I hope not. I think it would be best for them, definitely best for the body, for them to go ahead and resign.”
“The game’s up, and I just hope they both realize that and go out with some dignity rather than go out with a mess — one final mess on their hands,” McCormick added.
Meanwhile, Tennessee stands to lose an estimated $60 million a year in federal highway funding as a result of a new state law dealing with young drivers and alcohol. The law, enacted this year, increased the allowable blood alcohol content from .02 to .08 for 18-to-20year-olds. At the same time, it boosted penalties for the 18-, 19- and 20-yearolds to the same 48 hours in jail faced by those 21 and older on first-time DUI offenses.
The bill was signed into law by Haslam on May 5 and went into effect July 1. But federal zero tolerance laws require states limit BAC to .02 for drivers under 21. If a state is not in compliance with federal drunk driving laws, the U.S. Department of Transportation must withhold 8 percent of the state’s federal highway funding.
Federal officials say if Tennessee is not in compliance on Oct. 1, the state will forfeit about $60 million in highway funding.
Contact Andy Sher at asher@timesfreepress.com or 615-255-0550.