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Following the dismissal of an ethics complaint filed against multiple members of the Board of Mayor and Aldermen (BoMA) earlier this month, the board reviewed a separate complaint filed against Alderman Daniel Berry at the May 22 meeting.

The complaint was filed by George Butler Wilson, M.D., husband of Alderman Bobbie Wilson, after his wife was named in an ethics complaint filed earlier by former Alderman Rupa Blackwell – an ethics complaint that was also laid to rest by the city board following a recent hearing.

“In accepting and pursuing a blatantly politically motivated ethics complaint against three sitting aldermen,” his email read, referring to the complaint filed against Aldermen Wilson, Jenna Amacher and Kurt Glick, “the city attorney has established a new standard for transparency and notification of connections and relationships that now must be applied to all city officials; elected, hired or appointed.”

The ethics complaint written by George Wilson suggests that Berry was “too cozy” with a local developer, Joe Denby, in his professional dealings. Meanwhile, Berry maintains the complaint is in retaliation for an ethics complaint filed recently which targeted the complainant’s wife and other members of the city council.

The complaint further claimed conspiracy between Berry, Denby and Mayor Ray Knowis, to appoint Berry to the Planning Commission as the mayoral representative, in order to allow Berry to vote on matters that would affect Denby as a developer. Additionally, George Wilson claimed that Berry had voted on matters affecting Denby, which would benefit Berry financially, as he claimed Berry was being compensated by the developer.

Amacher opened the discussion of the ethics complaint by inquiring as to whether Berry had received compensation from Denby in any way, shape or form. Berry confirmed this, referencing work his digital media company, J Street Digital, had completed for Denby in the form of graphic design, website layout and print.

“I owned a business that did marketing for other businesses,” he said.

Amacher then inquired as to when Berry established a relationship with Denby, which he stated to be in 2020, during his mayoral campaign. Denby, his wife and daughter had donated to Berry’s campaign at that time.

“Mr. Denby fully expected that you would remain a board member or become mayor of the city of Tullahoma while he was donating, I would assume,” Amacher said.

“I would say when you donate to somebody’s campaign, you hope that they win,” Berry confirmed. “I don’t think they’re donating for you to lose.”

Amacher asked whether Berry had voted on anything related to Denby’s professional endeavors while a member of the board or the Planning Commission following his donation to Berry’s mayoral campaign.

“I did, and I received consult from our attorney that I did not need to recuse myself; because I had no financial interest in anything with Mr. Denby,” Berry confirmed. “That was on the advice of the attorney.”

Amacher then inquired as to whether Berry had received compensation from Denby as a result of billboards that the developer has in Tullahoma.

“I have never received a single cent of compensation on those billboards, ever,” he stated. “Mr. Denby had said that he was building billboards, and we had talked about my company marketing those for him. In August, because I had been accused of being bribed by Mr. Denby, and it was impossible for me to do business in the city of Tullahoma because of an ouster petition, I stopped doing business. I informed Mr. Denby, ‘I’m sorry, Joe, I can’t do this for you.’”

Amacher then asked whether Denby could have profited from Berry sitting on the Planning Commission. Knowis inquired as to whether any vote Berry participated in regarding Denby hinged on his vote, which Berry stated was not the case.

“The first time I sat on the Planning Commission, it was voted on, unanimously, by the Board of Mayor and Aldermen, so unless you’re saying that Mr. Denby bribed the other members, including the mayor, to put me on that board, I don’t know about that,” Berry said. “I’ve only served twice: once as the aldermanic [representative] and once as the mayor-appointed [representative.] So unless you’re accusing the mayor of being bribed or Joe [Denby] bribing the mayor, I don’t know what you’re getting at.”

Wilson, freshman alderman and the wife of the complainant, shared her account of Denby having stated in 2022, prior to the August election, that he had purchased billboards throughout Tullahoma “specifically to employ you [Berry].”

“I would say that that’s not true,” Berry refuted. “Number one: Mr. Denby doesn’t own multiple billboards throughout Tullahoma; he owns one that was completed in September, after the election. I have never been employed by Mr. Denby. My company had done work for Mr. Denby in late 2021. Also, Mr. Denby didn’t contribute to my aldermanic campaign. I’ve got a text from Mr. Denby saying he couldn’t support me because of some of the lies that were told to him by your husband and by some of you sitting in here. I said, ‘Joe, that’s fine. Your friendship is more important to me.’”

Wilson continued her statement, saying that the billboard currently lists the number of Berry’s company, J Street Digital, on its contact information. Berry restated that he no longer works in the city limits, clarifying that he does reside within city limits, and that while the billboard has remained up, he has received no compensation from Denby, as his business is not in operation.

“I’ve done that because, yes, I felt bad for him, because I wasn’t able to do it,” he said.

Wilson went on to inquire about motions Berry had voted on related to Denby properties, under advice and approval of the city attorney and city planning director, and when Berry requested that she ask whether he had any financial interest in approving these motions, she changed the subject.

“I’m just trying to get it straight, because when Mr. Denby told us you stood to make $18,000 a month, he was pretty specific,” she claimed. “I’m taking it from a source straight from his mouth. I guess where I’m torn is that it’s kinda like he said against he said.”

Berry invited Wilson and the board to call Denby and inquire as to the amount that Berry was being compensated, on record. Wilson changed the subject.

“Did you ever ask me about it?” Berry asked. “How long has this been going on? Since the [2022 campaign], because you used it in the campaign against me. When we were running, you were telling people that I was accepting bribes from Mr. Denby, but nobody asked Daniel Berry about it.”

“I never said that,” Wilson refuted.

“I’m sorry,” Berry said. “Your husband did.”

Amacher recommended that the board postpone the item indefinitely, quoting Luke 6:27-28.

“I don’t want a motion to postpone indefinitely,” Berry protested. “I want this board to either say I did it or I didn’t, and I either need to be investigated or it doesn’t need to be investigated. Postponing it indefinitely still leaves this hanging over my head, and I am sick and tired of being accused of being bribed. I am not going to abstain from any Joe Denby votes, because I don’t need to. Don’t postpone this indefinitely. Put your big boy pants on, your big girl pants on, and either say that I do or say that I don’t.”

The motion to postpone indefinitely failed on a tie, with Knowis, Wilson and Alderman Derick Mann against postponement. Amacher then recommended that the board find the ethics complaint to have merit but not require further investigation.

“I haven’t done anything,” Berry said. “You don’t have the decision to say ‘merit’ with no investigation. I have due process. What you’re not gonna do is continue what you’ve been doing and accuse me of something without an investigation. I welcome that investigation. I’m gonna tell you right now: I have not received a dime on the advertising thing. I have never been employed by Joe Denby. There are others on this board who have done work, more than I have, for Joe Denby, and I don’t think they should recuse themselves. I received counsel from the city attorney.”

Amacher then motioned that the board send the video of the discussion and any other evidence on-hand to the state comptroller’s office to determine whether there is merit.

“I think someone has to say ‘enough,’” Mann interjected. “We have spent more time on this than anything else on this agenda tonight. Last week, we spent even more time than that on ridiculous ethics complaints than anything else on that agenda. At some point, we just have to say, ‘Are we happy with that? Is this what we want to be doing?’ At a certain point, enough is enough. It’s time to move on.”

“We as a board are up here to serve the citizenry of this town,” Mayor Pro-Tem Jerry Mathis agreed. “We are not up here to bicker between us and carry on like we’ve been carrying on. There’s no rhyme, and there’s no reason. If we’re going to keep arguing with each other, it’s time to stop. We don’t need to do it anymore. We need to serve these people.”

The motion to send the complaint to the state comptroller’s office for further investigation failed on a tie, with Knowis, Mann and Mathis against. Berry abstained from both votes.