SECOND SUBSTITUTE ORDINANCE NO. BL2004-245

An ordinance amending the Metropolitan Code of Laws to provide public notification requirements for meetings of boards and commissions of the Metropolitan Government.

WHEREAS, it is in the best interest of the citizens of Nashville and Davidson County for the Metropolitan Government to increase its efforts in notifying the public about meetings of Metropolitan boards and commissions; and

WHEREAS, a centralized government Internet website designed to inform the public about board and commission meetings would further the goal of providing adequate notice.

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

Section 1. That Chapter 24 of Article 2 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following new Section 2.24.150:

“2.24.150. Website calendar for board and commission meetings.
The department of information systems shall construct and maintain an Internet website providing a calendar listing the date, time, location and agenda of all meetings of boards and commissions of the metropolitan government. Such calendar shall be updated on a weekly basis and shall be easily accessible from the nashville.gov website. Such information shall be posted in conformity with the policies adopted pursuant to Section 2.68.020.”

Section 2. That Chapter 68 of Article 2 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following new Section 2.68.020:

“2.68.020. Public notification of meetings.
A. Each board or commission of the metropolitan government shall develop a policy, approved by the department of law, for providing adequate notice of all board or commission meeting dates, times, locations and agendas. Such policy shall include a procedure for submitting such information to the department of information systems for posting on the website calendar as provided in Section 2.24.150.
B. In addition to publication on the metropolitan website as provided in subsection A, the metropolitan government, each Friday, shall make available to all newspapers of general circulation published in Davidson County a calendar of all meetings of the boards and commissions of the metropolitan government scheduled for the following week, including the dates, times, locations and agendas of said boards and commissions. The publication and notification requirement contained in this section shall not prevent a board or commission from holding a meeting on shorter notice in the event of an emergency, nor shall the provisions of this section prevent the benefit board from adding individuals to the agenda of any meeting of the benefit board so long as the subject matter of the addition to be considered by the board only concerns the individual requesting to be added. For purposes of this subsection, “emergency” means any circumstance where compliance with the notice provision in this section would result in significant financial harm to the metropolitan government or applicant, and where neither the metropolitan government nor the applicant is responsible for the delay.
C. Any member of the public, upon request, shall be entitled to receive written notice by mail of the meeting date, time, location and agenda of any board or commission of the metropolitan government. Each board or commission shall maintain a list of all such persons requesting written notice and shall mail and/or e-mail such written notice in conformity with the policy adopted pursuant to subsection A. Should a person fail to receive written notice as provided in this subsection, this shall not be considered lack of adequate public notice so long as all other means for notification required by state law or other applicable law have been satisfied.
D. The public notice requirements provided in this section shall be in addition to any other public notice provisions required by state law or any other applicable law or regulation.”

Section 2. The provisions of this ordinance shall not become effective until January 1, 2005.

Section 3. This ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: David Briley, Brenda Gilmore

LEGISLATIVE HISTORY

Introduced: May 18, 2004
Substitute Introduced: May 18, 2004
Passed First Reading: May 18, 2004
Referred to: Rules & Confirmations Committee
Deferred to July 20, 2004: June 1, 2004
Deferred: July 20, 2004
Second Substitute Introduced: August 3, 2004
Passed Second Reading: August 3, 2004
Passed Third Reading: August 17, 2004
Approved: August 18, 2004
By: