ORDINANCE NO. BL2017-542

An Ordinance amending Chapter 4.12 of the Metropolitan Code to require contracts for correctional facility management services to be approved by the Metropolitan Council and to include a requirement that reports be submitted to the Metropolitan Council regarding contractor performance.

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

Section 1. That Chapter 4.12 of the Metropolitan Code is hereby amended by adding the following new Section 4.12.240:

4.12.240 Contracts for correctional facility management services.

A. All contracts for the provision of management services for correctional facilities owned by the metropolitan government, executed on or after January 1, 2017, must be approved by resolution of the metropolitan council, duly adopted by twenty-one affirmative votes.

B. All contracts for the provision of management services for correctional facilities owned by the metropolitan government, executed on or after January 1, 2017, shall include a requirement that quarterly reports be submitted by the contractor to the metropolitan council disclosing the following:

1. The total current population of incarcerated individuals within the facility, and the total incarceration capacity of the facility;
2. The number of contractor staff members serving the facility;
3. A description of any incident at the facility in which an incarcerated individual’s whereabouts could not be accounted for;
4. Any and all methods of discipline or punishment applied toward incarcerated individuals at the facility (e.g., solitary confinement, etc.)
5. Any and all actions pending against the contractor in state or federal court relating to the contractor’s provision of correctional facilities management services within the United States;
6. Whether the contractor’s provision of correctional facilities management services within the United States is the subject of any formal investigation by a state or federal agency;
7. Whether the contractor employs government relations and/or lobbying services within the United States Congress, Tennessee General Assembly, or Metropolitan Government of Nashville & Davidson County and, if so, the identity of the individuals so employed; and
8. Whether the contractor has expended or undertaken any effort in the preceding quarter to introduce or amend legislation regarding criminal offenses or the penalties therefor.

C. All reports required by this section shall be provided to the metropolitan council in both electronic and hard copy.

D. The requirements set forth in this section shall be included as part of any request for proposals (RFP) for correctional facilities management services issued by the metropolitan government.
Section 2. 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: Freddie O'Connell, Colby Sledge, Erica Gilmore, Dave Rosenberg, Bob Mendes, Mina Johnson, Burkley Allen, Sharon Hurt

LEGISLATIVE HISTORY
Introduced:	January 3, 2017
Passed First Reading:	January 3, 2017
Referred to:	Budget and Finance Committee Public Safety, Beer, and Regulated Beverages Committee
Passed Second Reading:	January 17, 2017
Passed Third Reading:	February 7, 2017
Approved:	February 8, 2017
By: