RESOLUTION NO. RS2003-1310

WHEREAS, Article 19.01 of the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, provides that the Metropolitan Government shall not adopt a resolution proposing amendments to the Charter more often than twice during the term of office of members of the Metropolitan Council; and

WHEREAS, Article 19, Section 19.01, also requires to be set forth in the adoption resolution a brief description of each amendment so worded so as to convey the meaning of said amendment; and

WHEREAS, it is the desire of the Metropolitan Council by adopting this resolution to fulfill these two Charter requirements.

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

Section 1. Pursuant to the provisions of Section 19.01 of the Charter of The Metropolitan Government of Nashville and Davidson County, the proposed amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, attached hereto, are submitted to the people for approval in the manner provided by Section 19.01 of the Charter.

Section 2. The date prescribed for holding of the referendum election at which the electorate of the Metropolitan Government will vote to ratify or reject the amendments proposed in Section 1 of this Resolution shall be August 7, 2003.

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

Sponsored by: Ludye Wallace

AMENDMENT NO. ___

Section 15.03 of the Charter of the Metropolitan Government of Nashville and Davidson County shall be amended by deleting such section in its entirety and substituting in lieu thereof the following new Section 15.03:

“Section 15.03. Special Elections and Filling Vacancies.

There shall be held a special metropolitan election to fill a vacancy for the unexpired term in the office of mayor whenever such vacancy shall exist more than nine (9) months prior to the date of the next general metropolitan election. The special election shall be ordered by the county commissioners of elections and they shall give notice thereof as provided by Tennessee Code Annotated, section 2-14-105. If in such special election to fill a vacancy for the unexpired term of the office of mayor no candidate shall receive a majority of all the votes cast for such office, a runoff election shall be held five (5) weeks subsequent to the first special election to fill a vacancy in accordance with the provisions hereinbefore set forth in the case of a general metropolitan election. The provisions of section 15.01 hereof with respect to voting in general metropolitan elections and qualifying as a candidate shall apply to special elections at which time a vacancy in the office of mayor is filled.

When a vacancy exists in the office of vice mayor, district council members or in the office of councilmembers-at-large, said office shall be filled by election held by the metropolitan council. The person elected by the council to fill such vacancy shall remain in office for the duration of the council term.”

FOR THE BALLOT

Amendment No. ___

This amendment would require that vacancies for an unexpired term in the offices of district councilmember, councilmember-at-large, and vice mayor be filled by an election held by the Metropolitan Council, rather than by an election of the voters.

Sponsored by: Ludye N. Wallace