David Torrence, Davidson County Criminal Court Clerk, has a salary of $125,000 per year in his elected position to run the Davidson County Criminal Courts. We believe he is unfit for this position and salary in light of recent interviews with WSMV Channel 4 where he readily admits that he only works 2-3 days per week, never receives any distress calls while out of the office, runs errands to the liquor store in the county car that is provided along with free gas and additionally admits to hiring his two sons to high paying jobs that he did not post for the general public.

We believe it is necessary to send David Torrence a message from the Davidson County taxpayers that we will not stand for this behavior. David Torrence can resign now or face investigation from either the Davidson County District Attorney or the Tennessee Attorney General. By signing your name and email on this petition, you support Councilmember Charlie Tygard’s resolution asking the Council to support the same (see below). Additionally, you can contact all councilmembers by email to urge them to support the resolution at [email protected].

RESOLUTION

A resolution calling for the resignation of Criminal Court Clerk David Torrence, and requesting the initiation of ouster proceedings against David Torrence if he refuses to resign.

WHEREAS, a recent two-part investigative report from WSMV-TV provided evidence that Criminal Court Clerk David Torrence has been drawing a $125,000 annual salary while working no more than three days per week; and

WHEREAS, the WSMV-TV report also showed David Torrence using a Metropolitan Government vehicle to drive to a liquor store to pick up bottles of wine, which is in clear violation of the Metropolitan Government’s vehicle use policy; and 

WHEREAS, David Torrence unabashedly admitted to these actions reported by WSMV-TV, frequently using the phrase, “It is what it is”; and

WHEREAS, the second WSMV-TV investigative segment airing on April 29, 2011, reported that David Torrence hired two of his sons to replace veteran employees in the Criminal Court Clerk’s Office without publicly advertising such positions; and 

WHEREAS, as an employee of the taxpayers of the Metropolitan Government of Nashville and Davidson County, Mr. Torrence should be held accountable for his waste of government resources and his violation of official policy; and

WHEREAS, based upon his inexcusable acts of malfeasance, it is in the best interest of the Metropolitan Government that David Torrence resign his position as Davidson County Criminal Court Clerk; and

WHEREAS, Tennessee Code Annotated § 8-47-101, et seq., provides a mechanism for the removal of elected officials who knowingly or willfully commit official misconduct or neglect to perform duties imposed upon them; and 

WHEREAS, Tennessee Code Annotated § 8-47-102 provides that ouster proceedings can be initiated by the Attorney General, the District Attorney General, or the Metropolitan Director of Law; and WHEREAS, ouster proceedings should be brought against David Torrence in accordance with state law if he refuses to resign his position as Criminal Court Clerk.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as calling for the resignation of Davidson County Criminal Court Clerk David Torrence.

Section 2. If David Torrence refuses to immediately resign his position as Criminal Court Clerk, the Metropolitan County Council further goes on record as requesting the initiation of ouster proceedings against Mr. Torrence in accordance with state law.

Section 3. That the Metropolitan Clerk is directed to send a copy of this Resolution to Criminal Court Clerk David Torrence, to Attorney General Robert E. Cooper, Jr., to Davidson County District Attorney General Victor S. (Torry) Johnson III, and to Director of Law Sue B. Cain.

Section 4. That this Resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

INTRODUCED

BY: Charlie Tygard