NASHVILLE, Tenn. (WTVF) — On Monday, Metro Councilwoman Joy Kimbrough will have a hearing before Metro's Board of Ethical Conduct.
As you may remember, a Nashville businessman accused Kimbrough of demanding half a million dollars to support his warehouse development project in her district.
And now just ahead of that hearing, we're getting a look at the evidence in the case that the Board will be considering.
Kimbrough told NewsChannel 5 Investigates back in August that she did not tell a Nashville businessman he had to pay half a million dollars for her to support his project in her council district.
We asked her, "Did you or did you not ask Ryan Moses for $500,000?"
"I absolutely did not," she told us.
"You did not?' we confirmed.
"Absolutely," Kimbrough replied.
But now in this he said, she said case, Metro's Ethical Conduct Board will hold a hearing to determine exactly what was said during a phone call back in April between Ryan Moses, the CEO of Best Brands, and Kimbrough.
Moses claimed in his sworn complaint filed with the Ethical Board back in August that the two were discussing his company's plan to build a liquor distribution warehouse at the corner of Ashland City Highway and Briley Parkway and how Best Brands would give $150,000 to support Bordeaux community groups when Moses alleges that Kimbrough suddenly insisted he instead pay $500,000 directly to her if he wanted his project to move forward.
According to Moses, Kimbrough told him, "That's where I am and what I want."
Moses in his complaint, accused Kimbrough of using her office for personal gain and coercion, which according to the Metro Legal Department, if true, would be "a violation of the Standards of Conduct."
Kimbrough fired back, shortly after the complaint was filed at one of her district community meetings, telling the roomful of supporters, "I'm going to tell you right now, that liquor boy is a liar."
Kimbrought continued, "Never, ever have I been accused of something that sounds like extortion from a liquor store," adding, "He (Moses) is a liar. What he alleged, did not happen. But those who say well, she didn't deny it, didn't not deny it right, it did not happen. It did not happen."
But Bordeaux resident Joe Bond believes it (what's alleged in the complaint) did happen. You may remember during our initial reporting he told us how he said Kimbrough responded when he asked her about the allegations.
Bond recalled, "She said, 'Well I was bluffing to see whether or not he would leave it alone and just forget it.'"
"Wait," we said to Bond, asking, "She told you she said it (asked for the money)?"
"That’s what she said," Bond replied, adding, "That she was bluffing him."
Bond is listed as one of the witnesses set to testify at the Ethics Board's hearing.
The Board will also likely see a text Ryan Moses sent Kimbrough right after their phone call, asking "What charities are you wanting this $500,000 community contribution to go to?"
And he sent a follow up email later that day, asking when and how the payment would be made. "In one lump sum?" he asked. "After the successful completion of the rezone?" Moses wondered.
Moses, in his complaint, said after the call, he tried to get Kimbrough to put her demand in writing because he knew it had been unethical.
The next day, Kimbrough responded to Moses saying "You are confused by our conversation," telling him she would "not be moving forward" with his project and insisting that "no amount of money that your company can bring to the table will change this determination."
Moses texted back, "Your email doesn't make sense. It's a complete 180 from our conversation yesterday."
He even suggested that he had recorded the phone call, writing "I just listened to our conversation...and I am not confused about the amount and proposition."
While Moses is set to testify at the hearing, according to documents filed with the Ethics Board, Kimbrough is not planning to testify, but she does plans to call more than half a dozen people, including former state senator Brenda Gilmore.
It appears she's also hoping for a big crowd of supporters to be there as she said in an email to constituents, "We are chartering a bus!," offering rides from her district in North Nashville to the courthouse downtown, closing with "Thanks again for all of your support and encouragement."
The Ethical Conduct Board also seems to be expecting a large turnout as it has now moved the hearing to a much larger room at the courthouse.
We will be at the hearing Monday and we will have coverage throughout the day both on air and online. And if you're interested in watching the hearing, we'll be streaming it live. The Ethical Conduct Board meeting starts at 9am. Joy Kimbrough's hearing is the sixth item on the agenda.
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