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Short Answer: No

Posted on April 3, 2009 at 12:52 am

Rep. Henry Fincher refuses to apologize to Rep. Brian Kelsey at the request of Rep. Glen Casada. Chairman Casada is not pleased:

“Mr. Speaker I would just like to remind the body that there is no room for disrespect, for making fun of people, for mocking people. This is a body of respect. If respect is not shown on the floor then maybe that individual does need to be in the chamber.”

Truth Is Always The Best Defense

Posted on April 2, 2009 at 6:00 pm

The folks over at the politics sleepover camp downtown are getting a little rambunctious:

Fincher responded that Kelsey, of Germantown, was “mistaken on this, as he is on many other issues.”

That prompted House Republican Caucus Chairman Glen Casada of Franklin to demand an apology from Fincher.

Fincher, of Cookeville, refused. In Fincher’s words his statement about Kelsey was “completely warranted and a statement of objective fact.”

SEE ALSO: Can Kelsey

Kibosh Placed On Kelsey Anti-Income Tax Affirmation

Posted on April 1, 2009 at 12:18 pm

Rep. Brian Kelsey’s constitutional amendment to confirm that the income tax is unconstitutional will not see the light of day:

The subcommittee didn’t actually vote on the resolution, of course, not wishing to wind up on the record on this particular issue. Instead, its leaders craftily attached a $20,000 fiscal note by requiring newspaper publication notice to voters if the question ever makes it onto the ballot. Then the panel voted to delay considering the resolution until after the state budget, meaning it’ll most likely be quietly killed. Once the budget is adopted, the legislature’s spent all the money there is to spend. So even coming up with another $20,000 for Kelsey will be impossible.

Kelsey offered to raise private funds to pay for the legal notice but no one was listening

“Of course, this will never come out from behind the budget,” he told reporters. “They just showed exactly how they feel about this resolution. They’re for an income tax. It’s extremely frustrating that they won’t even allow us to go out and raise these funds privately so that we can put this matter to rest.”

SEE ALSO:
Dru Fuller
Sher

District Attorney Will Not Prosecute Rep. Kelsey For Text Message

Posted on February 12, 2009 at 1:19 pm

From the Office of Torry Johnson:

On Wednesday, February 4, 2009, this office was asked to review the communication from Mr. Kelsey. The entirety of the fax was a line of a text from Kelsey to the assistant, reading “Tell Kent I’m willing to talk about reconciliation if he’s willing to talk about chairman of the full committee”.

Johnson says this appears to be more of a request than anything else. Tennessee’s extortion statute requires an element of coercion that is clearly not present in this instance.

“I don’t think the TBI needs to devote valuable time to investigate what appears to be an outgrowth of an internal political squabble that is best handled within the House of Representatives itself,” Johnson wrote to Speaker Williams.

The DA will also not prosecute in the case of Rep. Jim Cobb’s secret recording of staffer Paul Overholser stating that “due to the incomprehensible nature of the content on the tape, and the short amount of time the recorder was used, this case will not be pursued criminally.”

UPDATE: Rep. Kelsey released the following statement this afternoon referring all further questions to his attorney:

“I sincerely hope the Speaker and the Democratic Leader will join me in tackling the serious problems facing our state: people no longer feel safe in their own homes, and they are worried about keeping their jobs.”

If You Believe That Text Message Wasn’t An Offer For Quid Pro Quo…

Posted on February 2, 2009 at 9:39 am

…then Rep. Brian Kelsey has another one for you:

“The Democratic Leadership is so unethical they not only dismissed my claim of lying and sexual harassment that they knew was true, but they’re now trying to browbeat the one person in this state that’s standing up for ethics. First they blamed the victim of the sexual harassment for its becoming public, and now they are trying to punish

the whistleblower for filing the complaint. It’s not going to work. I’ve always stood up for ethics in this state, and I always will.”

The Democratic Leadership dismissed his claim? Excuse me?

The ethics committee is comprised of six Republicans and six Democrats. The motion to dismiss Kelsey’s ethics complaint against the new speaker was put to the committee by Rep. Beth Harwell, veteran legislator and former TNGOP chair.

The vote to dismiss was unanimous. Meaning all six Republicans, including the big two, Jason Mumpower and Glen Casada, voted against him.

Democratic leadership? Not exactly.

We’re Just As Corrupt As They Are Is Not Usually A Good Defense

Posted on January 30, 2009 at 12:43 pm

David Oatney on Brian Kelsey’s Textortiongate:

When the right people do it, it is normal procedure. Brian Kelsey isn’t allowed in on the bargaining, as he is a conservative. Now House Democratic Leader Gary Odom is calling on Kelsey to resign. Really? Is this the same Odom that made his way up to Carter County on Tanksgiving to bargain with Kent Williams about being Speaker of the House? I wonder if it is the selfsame Gary Odom who has served as the Executive Director of the Tennessee Optometric Association, which employs lobbyists on the Hill (what conflict of interest)? Since Gary Odom is now so big on purity of ethics, because of these backroom dealings and conflicts of interest, I call on Gary Odom to resign. Oh, I forgot, Odom’s standards do not apply to himself or other Democrats, only to conservative Republicans, hence Odom will go nowhere-but we should all demand that Brian Kelsey should resign for asking for a Chairmanship…

Kelsey Interviewed On Textortiongate

Posted on at 9:07 am

PREVIOUSLY:
Um, I Think You’re Supposed To Do That Kind Of Thing Verbally
You’re Damn Right He Did: Kelsey Admits Sending The Text Message
Gary Odom Calls On Rep. Brian Kelsey To Resign

Gary Odom Calls On Rep. Brian Kelsey To Resign

Posted on at 8:01 am

Revelations that the Germantown legislator sent a text message to the new House speaker offer to resolve differences in exchange for a committee chairmanship has led to calls for resignation:

Kelsey did not return calls for questions about the new allegation and Odom’s suggestion that it amounts to extortion, and his call to resign.

In his statement, Kelsey said he filed the ethics complaint knowing that he would not win a chairmanship but before he knew Williams appointed him chairman of the civil practice subcommittee.

The text message was sent to Williams’ office while he and Republican and Democratic leaders met to appoint committees and their highly sought chairmanships.

Williams would only say that he read the text out loud and then told his staff “to handle it however they thought it was appropriate.”

Odom said he believes Kelsey committed an ethics violation.

“He demanded a full committee chairmanship — indicated that if that took place, it would resolve his differences with the speaker,” Odom said. “When that didn’t happen, he filed a sexual harassment complaint about an incident in which he wasn’t involved nor was a witness to.”

MORE:
Jeff Woods
Theo Emery

You’re Damn Right He Did: Kelsey Admits Sending The Text Message

Posted on January 29, 2009 at 5:33 pm

In a statement, Rep. Brian Kelsey concedes he sent the text message that Democrats have interpreted as an offer to drop his fierce opposition and criticism of the speaker in exchange for a committee chairmanship. But, ya know, it’s not what it looks like:

“The first day Representative Williams was elected speaker, we had a public disagreement on the House floor in which he asked me whether I had a problem with his being speaker. I answered in the affirmative. After reflecting upon the occurrence over the weekend, I decided to make a peace offering. I realized that, my personal feelings aside, we would both have to work together over the next two years for the good of the people of Tennessee. I sent his assistant a text message saying, “Tell Kent I’m willing to talk about reconciliation if he’s willing to talk about chairman of the full committee.” I sent the message at 9:50 a.m. on January 20th to offer reconciliation and to request my preference regarding committee assignments—the discussions for which were just beginning among the leaders. I had never turned in a committee preference form to Representative Naifeh or Representative Williams, as had other members, because I did not expect either of them to be elected Speaker. Committee assignment discussions began the morning of the 20th and lasted throughout the day of the 20th and 21st.

“The afternoon of January 20th I read the new Speaker’s public statement in which he, in essence, called Rep. Lynn and others liars by denying that he had ever told her he would give a week’s pay to see her naked and by denying he was ever reprimanded by Leader Mumpower for doing so. When I read the statement, I was outraged that he would intentionally make such a false statement to the public, and I began to draft an ethics complaint that evening, which I filed early the next afternoon on January 21st.

“I filed the ethics complaint knowing full well that I was virtually ensuring that I would not be named chairman of a full committee and thinking that I would probably lose Vice Chairman of the Judiciary Committee, a position that Speaker Williams had offered me the previous week. Nonetheless, I still thought it was the right thing to do to file the complaint. I, along with all other members, did not receive word of my committee assignments until the evening of the 21st after I had already filed the ethics complaint against the Speaker. At least one change was made to those preliminary assignments, and the official appointments were made the 22nd.”

SEE ALSO: The Woodsman

Um, I Think You’re Supposed To Do That Kind Of Thing Verbally — And In Coded Language

Posted on at 3:54 pm

The AP reports that Rep. Brian Kelsey tried to barter for a committee chairmanship:

Reps. Mike Turner and Gary Odom say Kelsey made the offer in a text message sent to a Williams aide the same day that a 2-year-old allegation of sexual harassment against the speaker came to light.

One day later Kelsey filed an ethics complaint seeking to have Williams removed as speaker.

According to Turner, the Jan. 20 message said: “I will talk about reconciliation if you make me a full committee chair.”

Kelsey denied to AP that he had sent any text message.

Speaker Williams Comments On The (In)Actions Of The Ethics Committee

Posted on January 28, 2009 at 4:46 pm

Williams, upon returning from the funeral of a fellow legislator’s wife (whose surname he did mispronounced shortly after becoming speaker), makes a statement on the “resolution” of the ethics complaint made against him by Rep. Brian Kelsey:

I am pleased that the Ethics Committee has completed its work and fully resolved this matter.

It is time to turn our undivided attention to the serious challenges which we face. There are serious issues before us and we need serious people to join together to address them.

We must get past the bickering and partisanship. The people of Tennessee expect and deserve our very best as we move forward to address these issues.

The Benchmark

Posted on at 2:19 pm

David Oatney thinks that Rep. Brian Kelsey may have gone too far:

[I] understand and believe that the allegations of sexual harassment by Kent Williams need to be dealt with, but Rep. Kelsey overstepped.

Rep. Susan Lynn’s Planned Statement To The Ethics Committee (If Needed)

Posted on at 1:55 pm

As released by Brian Kelsey:

“I was as surprised as anyone to learn that there was a memo chronicling the events. In fact, I was directly asked by a member of the press if there was any documentation of the events and I answered firmly “no” because I had not recorded anything.”

“On Tuesday, January 13, as the member [Williams] in question was being nominated many of us were very angry but I maybe more so. Sitting with my husband and our newly married daughter who both knew about the events of two years earlier, I struggled gretly with the grave injustice.”

“I curiously watched the news to see what the speaker would say. I expected him to state that it happened, he apologized and that as far as he knew it was over. And truly, if he had said that it would have been over. What a tremendous shock to hear him deny the events and the apology. Essentially, he is calling me and everyone else that witnessed his deeds a liar.”

Stop Blowing Up Her Phone: Susan Lynn Is Resting Comfortably

Posted on at 1:34 pm

From a statement:

“I was admitted to the hospital this morning for stress-related symptoms caused by the incident under discussion. After several tests were run, doctors confirmed it was indeed related to stress. I have been released from the hospital, and I am now resting at home. I appreciate everyone’s concern.”

Harwell Goes Against Kelsey In Ethics Committee

Posted on at 1:14 pm

After legal counsel Doug Himes reiterates that the issue was not properly before the committee, Rep. Beth Harwell moves that the committee not to move forward with Rep. Kelsey’s complaint against Speaker Kent Williams. Rep. Henry Fincher seconds. Committee agrees.

SEE ALSO: Whitehouse

Is Rep. Susan Lynn In The Hospital?

Posted on at 11:16 am

Rep. Brian Kelsey says she is:

“This is a complaint about sexual harassment and about lying to cover it up. Clearly this committee came in here with the idea that they are going to cover up this whole issue and not even investigate this. It’s really absurd.” …

“I don’t know where this committee is going right now, but if they came in here not ready to investigate it then that’s the wrong attitude to have when you’ve got serious allegations of sexual harassment and of lying about it to the public.” …

“I came here ready to have a hearing. We’ve got several members who were witnesses to this. To deny them the opportunity to comment on this is a travesty. The reason Representative Lynn is not here is that she had major feelings of stress this morning and she is in the hospital and unable to make it here. This is a serious charge. This is not a joking matter.”

SEE ALSO:
Ken Whitehouse
Tom Humphrey
Sher
The Associated Press
Theo Emery

PREVIOUSLY: The livestream report

House Ethics Committee To Take Up Kelsey Complaint Wednesday

Posted on January 26, 2009 at 8:25 am

Chairman Ulysses Jones announced the intent of the committee to take up Rep. Brian Kelsey’s ethics complaint against new house speaker Kent Williams in a memorandum to Ethics committee members dated Friday. The meeting will take place Wednesday, January 28, 2009, at 10:00 a.m. in 16LP.

The complaint will force the committee to directly confront the now nearly two year-old allegation of sexual harassment against then Rep. Kent Williams made by Rep. Susan Lynn.

At issue will be not only the sexual harassment allegation but Williams’ denial that the sexual harassment took place. In the complaint, Kelsey argues that this action was just as bad as the original alleged incident.

“Speaker Williams’s actions of sexual harassment were bad enough to begin with. Denying that the events ever occurred, in effect calling Rep. Lynn a liar, is like spitting in the face of his victim,” stated Kelsey in a press release.

Speaker Williams since the issue made news last week has issued a general denial that he has ever sexually harassed anyone and has cited house rules demanding confidentiality in matters of sexual harassment in refusing to address the specific allegations made by Lynn.

Lynn to date has not filed a formal complaint against Williams in connection to the incident. Lynn has said that her decision to go to her leadership to handle the issue instead of swearing out a complaint was an attempt to avoid the very publicity the incident now enjoys.

The ethics committee will have wide discretion on how to act on the matter. While not specifically binding on the 106th General Assembly, the ethics code passed during the 104th General Assembly, would likely be looked upon as precedent.

Under those rules, if the committee agrees with Kelsey that there has been a violation of the Ethics Code or a statute governing the conduct of a member, the committee can set a hearing where both sides can make arguments and call witnesses.

The code also offers the committee the option of recommending disciplinary action to the full house or turning over its findings to the District Attorney.

Rep. Kelsey Files Ethics Complaint Against Speaker

Posted on January 21, 2009 at 3:35 pm

The only legislator to travel to Carter County and actively campaign for Williams’ primary opponent continues the campaign:

MEMPHIS - Representative Brian Kelsey (R-Germantown) filed an Ethics Complaint today against Speaker of the House Kent Williams for Williams’s acts of sexual harassment and for making a false statement to the public regarding the allegations. Rep. Kelsey filed the Complaint directly with Speaker Williams this afternoon via e-mail.

It was revealed yesterday that on March 27, 2007, Williams solicited a sexual act from Rep. Susan Lynn in the legislative parking garage, telling her, “I will give a week’s pay just to see you naked.”

A memo written by House Republican Leader Jason Mumpower chronicles that Williams admitted the charge of sexual harassment, apologized to Rep. Lynn, and was reprimanded by Leader Mumpower.

Yesterday, Speaker Williams issued a public statement, saying, “I have never sexually harassed anyone nor have I been reprimanded for any such behavior.”

“Speaker Williams’s actions of sexual harassment were bad enough to begin with. Denying that the events ever occurred, in effect calling Rep. Lynn a liar, is like spitting in the face of his victim,” said Rep. Kelsey from his law office in Memphis.

Rep. Kelsey continued, “Speaker Williams issued a false statement with the intent to deceive the public. This type of dishonesty to the people of Tennessee is totally unacceptable from the leader of the House of Representatives.”

Rep. Kelsey has been a leader on issues of ethics throughout his four-year tenure in the House of Representatives. He was the first member of the General Assembly to call for public hearings on whether indicted legislators should keep their seats in the wake of the Tennessee Waltz scandal, and he introduced thirty-three amendments to strengthen the ethics bill in the special session on ethics in 2006. He has been a vocal proponent of closing the loophole in the lobbyist gift ban for legislative receptions.

See the full text of the ethics complaint at this link

SEE ALSO: Clint Brewer

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