Speaker Harwell Communication on Proposed Metro Ordinances

Speaker Beth Harwell has just shared developing news with members regarding Metro's attempt to create a sanctuary city. The Speaker included the legal opinion which clearly says that the Metro Council's ordinance, if passed, cannot affect the Sheriff's duties - read it here; https://tinyurl.com/yawddqyx

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THE SPEAKERS COMMUNICATION TO THE MEMBERS

Members,

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Many of you are concerned about Metro Nashville’s proposed ordinance concerning immigration enforcement, and I want to share an update with you. Since last week, I have been talking to Metro Sheriff Daron Hall and Metro Council members opposed to the measure. At their request, Senator Tracy and I requested an Attorney General’s opinion.

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Today, I am pleased that Metro Legal Director Jon Cooper released an opinion stating that the ordinance is not enforceable. I have attached a copy of the opinion for your review.

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The Tennessean’s story on this development is online at: http://www.tennessean.com/story/news/2017/06/27/nashville-immigration-ordinance-not-enforceable-metro-attorney-says/431407001/

It includes my comments:

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I strongly concur with Metro’s legal director, Jon Cooper. Sheriff Daron Hall’s powers cannot be restricted by the Metro Council. The sheriff is a state constitutional officer, and his duties are prescribed by the General Assembly. Our local, state, and federal law enforcement officials must be able to work together to keep our children, families, and communities safe, and I will make sure they have the power to do that.

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I will keep you posted on this issue. Thank you for working together to address this issue.

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Beth

Lynn Calls Out Pettiness of Opponent

I don't generally acknowledge the pettiness of opponents however today I probably need to say something.

My opponent sent a press release to the fake newspaper the Tennessee Star today condemning me for not signing on to a group press release by some legislators that condemned the Metro Council for their attempt to turn Nashville into a sanctuary city.
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However, Rep. Kevin Brooks and I issued much stronger press release of our own on Monday strongly condemning Metro's attempt to create a sanctuary city; https://tinyurl.com/ybdpo6gw
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The reason Rep. Kevin Brooks and I didn't sign-on to the group press release is because it wasn't very strong - for instance, they wrote "We implore you..." in the letter to the Metro Council. Well to implore is "to beg" or "to plead". Rep. Brooks and I felt that it is totally inappropriate for state legislators to beg the Metro Council not to pass the ordinances. We requested edits to change this wording yesterday morning to make the press release stronger but were turned down.
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Request for edits https://tinyurl.com/y8evpwe3
Request turned down https://tinyurl.com/y7ytldg8
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Rep Brooks noticed this morning that the Star wrote about the other legislators press release but not ours. His sixth sense felt that we should notify the Star of our press release which went out earlier than the group press release so he telephoned me. I agreed and we notified the Star this morning, and asked to be included in their article. https://tinyurl.com/ydcag354.  However, so far we have been ignored.
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Now the fake news Star has published an attempt by my opponent to zing me which he submitted to the Star some time today - he mistakenly calls me out for not standing up against Metro.
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My father's wise words come to mind regarding my opponent's petty actions; my father always said "If you are going to say something publicly, you had better be right!"
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Opponent - do your homework first.

Email to Fake News at 8:30 am

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Email Where Rep. Brooks and my Edits Were Turned Down

Email Where Rep. Brooks and my Edits Were Turned Down

So we issued our own press release opposing the metro Sanctuary city ordinances

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Requested Edits to Matheny/Butt Press Release

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FULL TEXT OF MY EMAIL REQUESTING TO MAKE THE PRESS RELEASE STRONGER

Dear Jan,

I would like to request a couple of changes and the correction of a typo.  

I personally do not like the use of the word "implore" at the end of this resolution, and I request that it be changed in order to strengthen the last line.  The word implore means to beg, to plead or to pray.  I feel that the word implore is inappropriate for this letter. 

I propose to strengthen the last sentence to say something like;  

In conclusion, as members of the 110th General Assembly, we are writing to make you aware that if enacted, these resolutions are in clear violation of state law.  Further, state law grants citizens legal recourse against Nashville.  Finally, the Counsel can be assured that we, the co-signing members of the 110th Tennessee General Assembly, will take this matter up in the next half of the 110th General Assembly with the intent to strengthen the law. 

Also, there is a typo - "the proposed Resolutions are in violations"  it should read "in violation" 

I will never forget the Wilson's, a couple from Mt. Juliet who was killed by an illegal alien with 14 priors.  In order to give a relevant example from Tennessee I offer the​ paragraph below.

On June 8, 2006, Gustavo Reyes Garcia an illegal alien who had fourteen previous arrests, including four DUIs, slammed his SUV into a sedan driven by Sean and Donna Wilson of Mt. Juliet, Tenn., killing them both. At the time of the accident Mr. Wilson was driving Mrs. Wilson to her chemotherapy appointment.  This tragedy was the catalyst to finally end the issuance of drivers licenses to illegal aliens in Tennessee.  

Thank you everyone,

Susan Lynn

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From: Jan Kirk Wright
Sent: Monday, June 26, 2017 8:53 AM
To: Andrew Farmer; Andy Holt; Art Swann; Barry Doss; Beth Harwell; Bill Dunn; Bill Sanderson; Bob Ramsey; Bryan Terry; Bud Hulsey; Cameron Sexton; Charles Sargent; Courtney Rogers; Curtis Halford; Curtis Johnson; Dale Carr; Dan Howell; David Alexander; David Byrd; David Hawk; Dawn White; Debra Moody; Dennis Powers; Eddie Smith; Gary Hicks; Gerald McCormick; Glen Casada; Harry Brooks; Jason Zachary; Jay D. Reedy; Jeremy Faison; Jerry Sexton; Jim Coley; Jimmy Eldridge; Jimmy Matlock; John B. Holsclaw, Jr.; John Crawford; John Forgety; John Ragan; Judd Matheny; Kelly Keisling; Kent Calfee; Kevin Brooks; Marc Gravitt; Mark Pody; Mark White; Martin Daniel; Mary Littleton; Matthew Hill; Micah Van Huss; Michael Curcio; Mike Carter; Mike Sparks; Pat Marsh; Paul Sherrell; Rick Tillis; Roger Kane; Ron Gant; Ron Lollar; Ron Travis; Ryan Williams; Sabi Kumar; Sam Whitson; Sheila Butt; Steve McDaniel; Susan Lynn; Terri Lynn Weaver; Tilman Goins; Tim Rudd; Tim Wirgau; Timothy Hill; William Lamberth; Rick Tillis; Kevin Vaughan
Subject: Urgent Sanctuary Press Release- we need you

Good Morning Colleagues,

Representatives Judd Matheny, Bryan Terry and I have drafted this Press Release and currently have 23 Members committed to being named in this press release as supporters. If you want to be named in this press release (see attached) then my assistant Jan must have your signature stating you want to be named by 3.30 pm this afternoon.

We hope you will all read this press release and take the opportunity to join with us in alerting citizens and informing Metro and Davidson County that the General Assembly has no intention of allowing Nashville to become a Sanctuary City. It is our duty to protect our citizens and our state.

Please add your signature through your office by (today) Monday 3.30 pm and the press release will go out immediately following. Again, your signature will not be in the press release, this just allows us to use your name in the press release.

Thank you so much. It is an honor serving with you.

My Best, Sheila Butt

House of Representatives

State of Tennessee

FOR IMMEDIATE RELEASE: June 26, 2017

Representative Judd Matheny-rep.judd.matheny@capitol.tn.gov (615-741-7448)

Representative Sheila Butt- rep.sheila.butt@capitol.tn.gov (615-741-3005)

Representative Bryan Terry- rep.bryan.terry@capitol.tn.gov (615-741-2180)

Republican Lawmakers Call For Metro Council Not To Enact Sanctuary City Ordinances

(NASHVILLE) — With the Second Reading of the Ordinances filed by Metro Councilmen Bob Mendes and Colby Sledge having passed and a vote pending from the Metro Council, we are compelled to make public the intent and purposes of this Ordinance and to make it known that as Representatives of the State of Tennessee, we soundly object to their their passage. Tennessee is currently being represented by the Thomas More Law Center in a lawsuit questioning the ongoing practice of settling refugees in Tennessee through various non-governmental organizations without the proper vetting, channels or protocol being followed.

The Ordinances would formally put policies in place that would officially make Nashville a Sanctuary City.

In essence, the Ordinances would:

1)     Prohibit Metro Nashville employees from inquiring into anyone's immigration status, effectively enabling illegal aliens to access public benefits they would otherwise be barred from using. This practice is not in line with State and Federal law and would a huge financial strain on our public benefit services and budgets.

2)        Prohibit Metro Council from continuing a contractual arrangement with the U.S. Marshals Service that enables the Davidson County jail to detain illegal criminal aliens for ICE pick-up, and would "require Metro to exercise its rights to terminate the contract, and negotiate new terms subject to Council approval." The Council could decide not to renew any contract that allows for compliance with ICE detainers.

While other states list crimes (generally those with acts of violence involving a weapon, anything involving terror, or any major drug offenses to name a few) that trigger cooperation with ICE detainers leading to deportation, the Metro Ordinance of Mendes would allow illegal immigrants who commit all types of crimes, without exception, to be released back into our communities instead of facing possible deportation by ICE.

Tennessee Code Annotated Section 7-68-103 states:

(a) A local governmental entity or official shall not adopt any ordinance or written policy that expressly prohibits a local governmental entity, official, or employee from complying with applicable federal law pertaining to persons that reside within the state illegally.

(b) An official shall not materially interfere with the ability of a local governmental entity, official or employee of a municipality or a county to comply with applicable federal law pertaining to persons that reside within the state illegally.

These proposed ordinances would be a clear violation of Tennessee law and it is our intent as legislators to protect the safety of all Tennesseans to the greatest extent. After the murder of Kate Steinle in California by an illegal immigrant who had already been convicted of seven felonies and deported five times, we should be actively encouraging our law enforcement to cooperate with federal immigration authorities involving illegal aliens who commit crimes.

The proposed Ordinances are violations of current law and place Tennesseans at risk. The citizens of Nashville and Metro Davidson County should contact their Councilmen immediately and request that their respective Representatives vote NO on these two Ordinances. The passage of these ordinances may empower additional liberal enclaves to follow suit. It is important for Tennessee to take the lead in solving this issue now.

It is entrusted to the General Assembly to keep the citizens of our state safe, keep Tennessee financially sound, and to enact laws that will accomplish that end. We will not hesitate to act if these Ordinances should pass.

The following members of the TN General Assembly implore you NOT  to not pass this ordinance,  (23 members have added signatures to this press release)______________________________________________________________________

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Email Press Release on 6/26

Press Release Sent by Email on June 26 at 3:11 PM

Full text of above press release

House of Representatives

State of Tennessee

FOR IMMEDIATE RELEASE: June 26, 2017

State Representative Susan Lynn 

 Wilson County Representative Expresses Strong Opposition to Metro Council Sanctuary City Ordinances

(NASHVILLE) — Representative Susan Lynn today expressed her disapproval of two ordinances proposed by Metro Councilmen Bob Mendes and Colby Sledge.  The ordinances would in effect make Nashville a sanctuary city.  “In 2009, the state legislature made it clear that sanctuary cities are prohibited in Tennessee. I voted for that law, and now some on the Metro Council are attempting to violate state law and greatly endanger our citizens.” Stated Lynn.

The Metro Resolutions have passed 2^nd reading, a third vote of approval would mean that they become city ordinance.  “The Sheriff of Davidson County is a Constitutional officer and as such he does not take direction from the Metro Councilmen on which laws to enforce – he has to enforce all of the laws. What I strongly object to is the intent to endanger the citizens.  Every night gang members cross the county-line and commit crimes in outer counties such as my district.  The councilmen would make this problem worse and I do not appreciate that.”  Lynn stated.

The first ordinance seeks to prohibit Metro Nashville employees from inquiring into the immigration status of anyone seeking services or for other reasons – this would be in violation of state law.  It could allow illegal aliens to access public benefits to which they are not entitled.  

A second ordinance would seek to end Metro’s agreement to cooperate with ICE detainers.  The intent is for the Davidson County jail to no longer detain illegal criminal aliens for ICE pick-up which Lynn believes would pose a huge danger to the community. 

Such non-cooperation is prohibited in TCA 7-68-103.  The law states that local governments are prohibited from adopting any ordinance that prohibits a local government or employee from complying with federal law pertaining to persons who reside within the state illegally.  It also prohibits interference with local government, an official or an employee who is attempting to comply with federal law pertaining to persons that reside within the state illegally.

In 2006, Gustavo Reyes Garcia, an illegal alien who had fourteen previous arrests, including four DUIs, slammed his SUV into a sedan driven by Sean and Donna Wilson of Mt. Juliet, Tenn., killing them both. At the time of the accident Mr. Wilson was driving Mrs. Wilson to her chemotherapy appointment.  Lynn recalls that this tragedy was a catalyst to finally end the issuance of drivers’ licenses to illegal aliens in Tennessee, and for the creation of other laws such as the sanctuary cities law.  

“I want to make the members of the Metro Council aware of the very real dangers and horrible impact such ordinances, if obeyed, could have on the lives of citizens. If enacted, these resolutions are in clear violation of state law.  Further, state law grants citizens’ legal recourse against Nashville.  Finally, the Counsel can be assured that I along with other members of the 110th Tennessee General Assembly, will take this matter up in January when the legislature reconvenes.”

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Lynn Expresses Strong Opposition to Metro Council Sanctuary City Ordinances

House of Representatives

State of Tennessee

FOR IMMEDIATE RELEASE: June 26, 2017

State Representative Susan Lynn 

 Wilson County Representative Expresses Strong Opposition to Metro Council Sanctuary City Ordinances

(NASHVILLE) — Representative Susan Lynn today expressed her disapproval of two ordinances proposed by Metro Councilmen Bob Mendes and Colby Sledge.  The ordinances would in effect make Nashville a sanctuary city.  “In 2009, the state legislature made it clear that sanctuary cities are prohibited in Tennessee. I voted for that law, and now some on the Metro Council are attempting to violate state law and greatly endanger our citizens.” Stated Lynn.

The Metro Resolutions have passed 2^nd reading, a third vote of approval would mean that they become city ordinance.  “The Sheriff of Davidson County is a Constitutional officer and as such he does not take direction from the Metro Councilmen on which laws to enforce – he has to enforce all of the laws. What I strongly object to is the intent to endanger the citizens.  Every night gang members cross the county-line and commit crimes in outer counties such as my district.  The councilmen would make this problem worse and I do not appreciate that.”  Lynn stated.

The first ordinance seeks to prohibit Metro Nashville employees from inquiring into the immigration status of anyone seeking services or for other reasons – this would be in violation of state law.  It could allow illegal aliens to access public benefits to which they are not entitled.  

A second ordinance would seek to end Metro’s agreement to cooperate with ICE detainers.  The intent is for the Davidson County jail to no longer detain illegal criminal aliens for ICE pick-up which Lynn believes would pose a huge danger to the community. 

Such non-cooperation is prohibited in TCA 7-68-103.  The law states that local governments are prohibited from adopting any ordinance that prohibits a local government or employee from complying with federal law pertaining to persons who reside within the state illegally.  It also prohibits interference with local government, an official or an employee who is attempting to comply with federal law pertaining to persons that reside within the state illegally.

In 2006, Gustavo Reyes Garcia, an illegal alien who had fourteen previous arrests, including four DUIs, slammed his SUV into a sedan driven by Sean and Donna Wilson of Mt. Juliet, Tenn., killing them both. At the time of the accident Mr. Wilson was driving Mrs. Wilson to her chemotherapy appointment.  Lynn recalls that this tragedy was a catalyst to finally end the issuance of drivers’ licenses to illegal aliens in Tennessee, and for the creation of other laws such as the sanctuary cities law.  

“I want to make the members of the Metro Council aware of the very real dangers and horrible impact such ordinances, if obeyed, could have on the lives of citizens. If enacted, these resolutions are in clear violation of state law.  Further, state law grants citizens’ legal recourse against Nashville.  Finally, the Counsel can be assured that I along with other members of the 110th Tennessee General Assembly, will take this matter up in January when the legislature reconvenes.”

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