An Ordinance amending Chapter 5.04 of the Metropolitan Code to require that nonprofit organizations receiving funds from the Metropolitan Government make meetings of their board of directors open to the public.

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

Section 1. That Chapter 5.04 of the Metropolitan Code is hereby amended by adding the following new Section 5.04.075:

“5.04.075 Nonprofit organizations receiving governmental funding – Open meetings requirement.
Every nonprofit organization receiving funding from the Metropolitan Government through the General Fund of the General Services District or through the Hotel/Motel Occupancy Tax shall make all meetings of their board of directors open to the public. Failure of any organization to abide by the requirements of this section shall result in a forfeiture of all funds provided by the Metropolitan Government to the organization during the current fiscal year.”

Section 2. This Ordinance shall take effect from and after is enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: John Summers, Jamie Isabel, Walter Hunt

Amendment No. 1
To
Ordinance No. BL2007-1451

Mr. President:

I move to amend Ordinance No. BL2007-1451 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

“Section 1. That Chapter 5.04 of the Metropolitan Code is hereby amended by adding the following new Section 5.04.075:

5.04.075 Nonprofit organizations receiving governmental funding – Open meetings requirement.
Every nonprofit organization receiving funding from the Metropolitan Government through the General Fund of the General Services District or through the Hotel/Motel Occupancy Tax shall make all meetings of their board of directors open to the public whenever the board is deliberating the expenditure or allocation of any Metropolitan Government funds. Nonprofit organizations receiving Metropolitan Government funding shall submit written notice to the Metropolitan Clerk of the date, time and location of any meeting at which deliberations regarding the expenditure or allocation of Metropolitan Government funds are to take place at least seven (7) days prior to the meeting. Failure of any organization to abide by the requirements of this section shall result in a forfeiture of all funds provided by the Metropolitan Government to the organization during the current fiscal year.”

Sponsored by: John Summers

Amendment No. 2
To
Ordinance No. BL2007-1451

Mr. President:

I move to amend Ordinance No. BL2007-1451, as amended, by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

“Section 1. That Chapter 5.04 of the Metropolitan Code is hereby amended by adding the following new Section 5.04.075:

5.04.075 Nonprofit organizations receiving governmental funding – Open meetings -- Reports to the Council.

A. Effective September 30, 2007, every nonprofit organization receiving funding from the Metropolitan Government through the General Fund of the General Services District or through the Hotel/Motel Occupancy Tax shall make all meetings of their board of directors open to the public whenever the board is deliberating the expenditure or allocation of any Metropolitan Government funds. Nonprofit organizations receiving Metropolitan Government funding shall submit written notice to the Metropolitan Clerk of the date, time and location of any meeting at which deliberations regarding the expenditure or allocation of Metropolitan Government funds are to take place at least seven (7) days prior to the meeting. Failure of any organization to abide by the requirements of this section shall result in a forfeiture of all funds provided by the Metropolitan Government to the organization during the current fiscal year.
B. In the alternative every nonprofit organization receiving general grant funding from the Metropolitan Government through the General Fund of the General Services District or through the Hotel/Motel Occupancy Tax shall be required to present in writing to the Council Rules Committee four brief written quarterly reports of how this funding was utilized by the organization. The first report shall be provided to the committee on or before September 30 of the fiscal year in which the first funding occurs. The other reports shall update previous reports and shall be provided to the committee by December 31, March 31, and June 30th of that same fiscal year. The chief executive officer of each such organization shall meet with the Rules Committee upon written request by the committee chair during that fiscal year to further explain the use of the funds.
C. Nonprofit organizations that satisfy the reporting requirements contained in subsection B. of this section shall not be required to make meetings of their board of directors open to the public.
D. The provisions of this ordinance shall apply to general funding received by nonprofit organizations but shall not apply to funding for specific services rendered pursuant to contract.

Sponsored by: John Summers

LEGISLATIVE HISTORY
Introduced:	June 5, 2007
Passed First Reading:	June 5, 2007
Referred to:	Rules & Confirmations Committee
Amended:	June 19, 2007
Deferred:	June 19, 2007
Deferred:	July 17, 2007
Amended:	August 7, 2007
Passed Second Reading:	August 7, 2007
Passed Third Reading:	August 21, 2007
Approved:	August 23, 2007
By: