An ordinance amending Section 2.40.130 of the Metropolitan Code of Laws pertaining to defense counsel for employees.

WHEREAS, the Metropolitan Code of Laws presently establishes the conditions and procedures for employees to be reimbursed the cost of defense counsel other than the Department of Law; and

WHEREAS, The Supreme Court of the State of Tennessee has adopted a new Supreme Court Rule, Rule 8, also known as the Rules of Professional Conduct, that changes the rules governing joint representation of defendants by attorneys and necessitates updating the Metropolitan Code of Laws.

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

Section 1. That the Metropolitan Code of Laws Section 2.40.130 shall be amended by deleting subsection (B)(2) and substituting therein the following:

The director of law determines that Rule 1.7 of the Tennessee Rules of Professional Conduct, as adopted by Rule 8 of the Rules of the Tennessee Supreme Court, prohibits the Department of Law from representing the employee; and

Section 2. That this ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: David Briley

LEGISLATIVE HISTORY
Introduced:	June 21, 2005
Passed First Reading:	June 21, 2005
Referred to:	Personnel Committee
Passed Second Reading:	July 19, 2005
Passed Third Reading:	August 2, 2005
Approved:	August 3, 2005
By: