ORDINANCE NO. BL2016-220

An ordinance amending Section 2.40.115 of the Metropolitan Code of Laws regarding reporting litigation matters to the Metropolitan Council.

WHEREAS, it would be appropriate for the Metropolitan Department of Law to provide quarterly reports to the Metropolitan Council regarding significant litigation matters; and

WHEREAS, the quarterly reports should provide only publically available information and not disclose any information protected from disclosure by the attorney-client privilege, the work product doctrine, or any other applicable privileges; and

WHEREAS, it would be appropriate for the Metropolitan Department of Law to continue to provide the Metropolitan Council with timely notice of any judgments entered against the Metropolitan Government; and

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

SECTION 1: The text of Section 2.40.115 of the Metropolitan Code of Laws is deleted in its entirety and replaced with the following:
2.40.115 – Reporting significant litigation and judgments

A. Quarterly report of significant litigation: Within thirty (30) days after the end of each calendar quarter, for all suits in which an attorney in the department of law is counsel of record for the metropolitan government, or the department of law has hired or is supervising an outside attorney as counsel of record for the metropolitan government, the metropolitan attorney shall report to the metropolitan council if the suit includes claims being asserted against the metropolitan government which seek a total amount greater than $300,000. Each quarterly report shall include the names of the parties, the court in which the case is pending, the case number, a brief description of the amount of damages and any other remedies being sought against the metropolitan government, and the name of counsel of record for the metropolitan government if not employed in the department of law.

B. Report of judgments entered against the metropolitan government: The metropolitan attorney shall report to the metropolitan council all judgments entered against the metropolitan government within thirty (30) days from the date that the judgment becomes final. Such report shall include, but not be limited to, the names of the parties, the court in which the case is pending, the case number, the amount of the judgment, and a summary of the facts giving rise to the lawsuit.

Section 2. 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: Russ Pulley, Bob Mendes, Jeff Syracuse, Sam Coleman

LEGISLATIVE HISTORY

Introduced: May 3, 2016
Passed First Reading: May 3, 2016
Referred to: Budget and Finance Committee
Passed Second Reading: May 17, 2016
Passed Third Reading:  June 7, 2016
Approved: June 8, 2016
By: Mayor's signature

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.