ORDINANCE NO. BL2011-951

An ordinance amending Title 2 of the Metropolitan Code by adding a new Chapter 2.190 governing rulemaking by Metropolitan Government Departments, Agencies, Boards and Commissions.

WHEREAS, the Metropolitan Government’s various boards and commissions develop rules, regulations and policies governing procedures and affecting the rights of citizens; and

WHEREAS, boards and commissions should consider the views of interested members of the public with respect to potential new rules, regulations and policies, or amendments thereto; and

WHEREAS, requiring that boards and commissions notify the public of proposed new rules, regulations and policies, or amendments thereto, and solicit public comment as contemplated in this ordinance is in the public interest.

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

Section 1. Title 2 of the Metropolitan Code is hereby amended by adding the following new Chapter 2.190:

CHAPTER 2.190 – PROCEDURES FOR ADOPTION OF RULES AND REGULATIONS

2.190.010 Adopted of rules and regulations.

A. Except in an emergency as contemplated by subsection C. of this section, no department, agency, board or commission of the Metropolitan Government shall adopt a new rule, regulation or policy (“New Rule”), or an amendment or modification to an existing rule (“Rule Amendment”) that:

1. establishes or amends procedures applicable to public business conducted by that department, agency, board or commission pursuant to the Metropolitan Charter, Metropolitan Code of Laws or laws of the State of Tennessee;

2. restricts or enlarges the lawful uses to which public or private property may be
put;
3. requires changes to be made in the operation of a business; or

4. relates to the health, safety or collective welfare of Davidson County citizens,
without first accepting and considering public comments on the New Rule or Rule Amendment as described in Section 2.190.020.

2.190.020 Public comment.

A. Public comment about any proposed New Rule or Rule Amendment shall be solicited in one of the following ways:

1. A proposed New Rule or Rule Amendment shall be provided to the Metropolitan Clerk in electronic format and in its entirety for publication on the Metropolitan Clerk’s internet website for 30 consecutive days. Means shall be provided for members of the public to submit public written comments. The Metropolitan Clerk shall forward all written comments received to the department and to every member of the board or commission proposing to adopt the New Rule or Rule Amendment at issue; or

2. Members of the public shall be permitted to speak briefly for or against any New Rule or Rule Amendment at a duly noticed public meeting of the department, agency, board or commission, such notice having published the New Rule or Rule Amendment in its entirety and having specified that the department, agency, board or commission would consider the adoption and/or promulgation of the New Rule or Rule Amendment at the meeting.

B. Any department, agency, board or commission having received public comments pursuant to this section shall consider such comments prior to adopting and/or promulgating the New Rule or Rule Amendment.

C. The provisions of this section shall not apply to the adoption and/or promulgation of a New Rule or Rule Amendment made necessary as a result of and during an emergency declared by an official of the Metropolitan Government, State of Tennessee or United States of America having authority to make such a declaration.

2.190.030 Posting of adopted rules.

All New Rules and Rule Amendments shall be posted at a centralized location on the nashville.gov website within five (5) business days of adoption or promulgation.

Section 2. 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: Greg Adkins, Rip Ryman, Jim Forkum