ORDINANCE NO. BL2016-461

An ordinance to amend Title 2 of the Metropolitan Code of Laws to require employees of The Metropolitan Government of Nashville & Davidson County to report fraud and unlawful acts committed against the Metropolitan Government.

WHEREAS, it is the responsibility of the Departments and Agencies of the Metropolitan Government to properly handle and account for the funds budgeted and allocated to it by The Metropolitan Council of Nashville and Davidson County; and

WHEREAS, it should be the duty of the employees of those Department and Agencies, if they believe that public funds are being spent fraudulently or in an unlawful manner, to report such concerns to an appropriate and impartial entity so that such concerns can be investigated, determinations made, and actions taken; and

WHEREAS, it is the Metropolitan Council’s responsibility to be accountable for the money provided to it by the citizens of this City and County and to be sure that such funds are being spent consistent with the actions taken by it; and

WHEREAS, the Metropolitan Council finds that there does not seem to be a clear procedure for employees of the Metropolitan Government to make such a report within the current system of the Metropolitan Government and deems that such a process should be set forth in the Code;

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

Section 1. That Chapter 2.24 of the Metropolitan Code of Laws is hereby amended by creating a new section to read as follows:

2.24.310 – Duty to Report

(A) Any employee of any department or agency of the Metropolitan Government having reason to believe that a theft, forgery, fraud or any other intentional act of unlawful taking or abuse of public money, property, or services, has occurred within a department or agency, shall report that information to the office of the Metropolitan Auditor.

(B) The Metropolitan Auditor shall have the authority to establish guidelines for such reports.

(C) As used in this section "agency" means board, commission, committee, department, office, or any other unit of the Metropolitan Government.

Section 2. That Chapter 2.222 of the Metropolitan Code of Laws is hereby amended by adding subsection 2.222.020(t) which shall read as follows:

2.222.020 – Standards of conduct

Employees:

…

t. Shall report to the office of the Metropolitan Auditor if the employee has reason to believe that a theft, forgery, fraud or any other intentional act of unlawful taking or abuse of public money, property, or services, has occurred against the Metropolitan Government.

Section 3. That this Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jim Shulman, Angie Henderson