ORDINANCE NO. BL2012-161

An ordinance amending Section 3.04.010 of the Metropolitan Code to require all new employees of the Metropolitan Government to be residents of Davidson County.

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

Section 1. That Chapter 3.04 of the Metropolitan Code is hereby amended by deleting Section 3.04.010 in its entirety and substituting with the following:

3.04.040 Employee residency requirements – Exceptions.
A. All new employees of the metropolitan government hired from and after the effective date of this ordinance, including employees of the board of health, shall be residents of Davidson County, Tennessee, or shall become residents of Davidson County within ninety days of employment, as a prerequisite to employment with the metropolitan government. Such employees shall remain residents of Davidson County throughout their duration as an employee of the metropolitan government. The residency requirement shall apply to all temporary, seasonal, civil service, non-civil service and professional employees of the metropolitan government, but shall not apply to consultants or independent contractors retained by the metropolitan government.
B. Should an employee desire to live outside of Davidson County, Tennessee, the employee shall apply to the employee’s respective civil service commission or, in the case of non-civil service employees, to the employee’s department head for a hardship waiver. The waiver shall be granted only in extraordinary situations involving the health, safety, or welfare of the employee or a member of the employee’s immediate family.
C. The residency requirements provided in subsection A. of this section shall not apply if the civil service commission or, in the case of non-civil service positions, the applicable department head makes a written determination that there is no qualified applicant residing in Davidson County capable of adequately performing the job duties.

Section 2. The Metropolitan Clerk is directed to send a copy of this Ordinance to the Civil Service Commission.

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: Charlie Tygard, Jerry Maynard, Sheri Weiner

Amendment No. 1
To
Ordinance No. BL2012-161

Madam President:

I move to amend Ordinance No. BL2012-161 by amending Section 1 by adding the following provision at the end of subsection C.:

“Further, such residency requirement shall not apply to metropolitan government departments responsible for providing services to multiple counties pursuant to the federal Workforce Investment Act of 1998.”

Sponsored by: Charlie Tygard