ORDINANCE NO. BL2009-501

An ordinance abolishing the Community Education Alliance and amending Chapter 2.160 of the Metropolitan Code to create a new Community Education Commission.

WHEREAS, the Community Education Alliance was created by ordinance of the Metropolitan Council, which is now codified as Chapter 2.160 of the Metropolitan Code; and

WHEREAS, Resolution No. RS2009-661 established a Community Education Task Force (“the Task Force”) for the purpose of reviewing the existing governance model for community education in Nashville and to make recommendations to the Board of Education and the Metropolitan Council regarding necessary changes; and

WHEREAS, the Task Force has submitted a report to the Metropolitan Council recommending that a new community education entity be created modeled after the Metropolitan Action Commission, a copy of which report is attached hereto and incorporated herein as Exhibit A; and

WHEREAS, Substitute Ordinance No. BL2009-456, the Fiscal Year 2010 operating budget for the Metropolitan Government, conditioned the allocation of the community education subsidy upon the approval of the Task Force’s recommendations; and

WHEREAS, the Metropolitan Council desires to accept the Task Force’s recommendations and establish a new governance model for community education in Nashville and Davidson County.

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

Section 1. The Metropolitan County Council hereby approves the recommendations of the Community Education Task Force.

Section 2. That Chapter 2.160 of the Metropolitan Code is hereby repealed in its entirety and the Community Education Alliance is hereby abolished effective on November 1, 2009.

Section 3. That Title 2 of the Metropolitan Code is amended to add the following new Chapter 2.160 creating a Community Education Commission:

Chapter 2.160 COMMUNITY EDUCATION COMMISSION

2.160.010 Created.
There is created and established a “Community Education Commission” as a commission of the Metropolitan Government of Nashville and Davidson County to be referred to in this chapter as “commission”.

2.160.020 Membership--Appointment and term of chairman and members.
A. The commission shall consist of seven members to be appointed as follows:
1. The mayor shall appoint two regular members and the metropolitan council shall confirm each appointee.
2. The metropolitan council shall appoint three regular members, with one member representing a nonprofit adult literacy organization, one member representing the community education council, and one member representing an education advocacy group.
3. One member shall be appointed by the director of schools to serve as his/her representative without confirmation by the metropolitan council.
4. One member shall be appointed by the mayor to serve as his/her representative without confirmation by the metropolitan council.
B. The members of the commission shall serve without compensation for terms of three years each, except that, of the first members appointed as regular members by the metropolitan council, one shall serve for a term of one year and two for a term of two years.
C. Any vacancy due to any cause shall be filled in the same manner as the original appointment and shall be for the unexpired portion of the term.

2.160.030 Officers.
Immediately upon appointment and qualification, the commission shall elect one of its members as chairperson who shall serve for a period of one year, or until his/her successor shall have been chosen for the ensuing term. The commission may choose such other officers as it deems necessary.

2.160.040 Meetings.
The commission shall hold regular meetings at least quarterly for the conduct of its business, and may hold more frequent regular meetings as its bylaws may provide. It may hold special meetings as may be deemed necessary, the same to be called or held as provided in its bylaws.

2.160.050 Powers and duties.
A. The powers, duties and responsibilities of the commission shall be to:
1. Oversee the operation of the community education program;
2. Approve the administrative contracts for the community education program, which includes the number of sites, locations, and the review of the budget at each site;
3. Establish rules and regulations governing the operation of the community education program;
4. Establish a fee structure for the classes offered through the community education program and approve the allocation of revenues among the various sites/programs; and
5. Employ an executive director.
B. In the performance of these powers, duties and responsibilities, the commission shall have the authority to:
1. Enter into a memorandum of understanding with the metropolitan board of public education for the use of board of education facilities;
2. Within its budget appropriation and other funds at its disposal, employ personnel and enter into contracts for such services as it may require;
3. Enter into agreements and receive such grants or assistance, or both, as may be available from the federal or state governments for the purposes for which the commission is established, and also to receive gifts or donations for such purposes.
C. Employees hired by the commission shall not be afforded civil service protection, but shall be in the unclassified service.

2.160.060 Executive director--Authority and qualifications.
A. There shall be created the position of executive director for the commission. The executive director shall be a non-civil service position and shall serve at the pleasure of the commission. The executive director shall be paid such compensation as shall be fixed by the commission within its budgeted appropriations.
B. The duties and responsibilities of the executive director shall be established by the commission, which shall include, but not be limited to:
1. Oversight and management of the budget of the organization;
2. The supervision of employees;
3. The management of the various community education sites;
4. Serve as a liaison to all community education stakeholders;
5. Provide regular reports to the commission and director of finance regarding the operation of the community education program, including statistical data regarding the number of participants for each program and the revenue generated.

Section 4. That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jason Holleman, Sandra Moore, Mike Jameson

LEGISLATIVE HISTORY

Introduced: July 21, 2009
Passed First Reading: July 21, 2009
Referred to: Education Committee
Passed Second Reading: August 6, 2009
Passed Third Reading: August 18, 2009
Approved: August 24, 2009
By: