SUBSTITUTE RESOLUTION NO. RS2002-1123


A substitute resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.


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 November 5, 2002.

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: Craig Jenkins

AMENDMENT NO. 1


Section 3.01 of Article 3, Section 4.01 of Article 4 and Section 5.05 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended as follows:

1. Section 3.01 shall be amended by deleting such section in its entirety and substituting in lieu thereof the following new Section 3.01:

“Section 3.01. Metropolitan County Council Created.

The legislative authority of The Metropolitan Government of Nashville and Davidson County, except as otherwise specifically provided in this Charter, shall be vested in the Metropolitan County Council, sometimes hereinafter called “Council”, which shall have a total membership of twenty-five (25) district councilmembers. There shall be twenty-five (25) council districts in the metropolitan government, which are hereby created and established in accordance with detailed description to be accomplished as provided in Section 18.06 of this Charter.

The provisions of this amendment shall become effective beginning with the metropolitan government elections to be held in August of 2003.”


2. Section 4.01 shall be amended by adding the following sentence at the end thereof:

“From and after September 1, 2003, the members of the urban council shall be three members selected by the metropolitan council, any provision in the Charter to the contrary notwithstanding. Members of the urban council so chosen by the metropolitan council shall be members a portion of whose district lies within the area of the urban services district.”

3. Section 5.05 shall be amended by deleting such section in its entirety and substituting in lieu thereof the following new Section 5.05:

“The vice mayor shall be elected by the council for a term of four (4) years and until his successor is elected and qualified. He shall be a member of the council, shall possess the qualifications of the mayor, and shall be compensated at the rate of forty-two hundred ($4,200) dollars per annum, payable semimonthly. In the event the office of mayor becomes vacant, the vice mayor shall serve as mayor and be compensated as such until the vacancy is filled at a special election or at a general election, as provided in section 15.03 if this Charter. During the time that the vice mayor shall serve as mayor, he shall cease to act as presiding officer of the council.”

FOR THE BALLOT

Amendment No. 1

This amendment would reduce the Metropolitan Council from forty (40) to twenty-five (25) members, would eliminate the positions of councilmember-at-large and the office of vice mayor, and would require that a vice mayor be elected by the Metropolitan Council from its membership effective as of the council term beginning September 2003.

Sponsored by: Ludye N. Wallace

WITHDRAWN

 

AMENDMENT NO. 2


Article 12 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new Section:

“Section 12.14. Residency requirements.

All employees and officers of the metropolitan government shall be residents of the area of the metropolitan government and must maintain such residency during their employment or while holding such office.”


FOR THE BALLOT

Amendment No. 2

This amendment would require that all employees and officers of the metropolitan government be residents of Davidson County.

Sponsored by: Ludye N. Wallace

WITHDRAWN

 

AMENDMENT NO. 3


Section 11.102 of Article 11, Chapter 1 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following sentence at the end thereof:

“No person shall be appointed as a member who is serving in any other public office or on any other administrative board or commission, except as otherwise provided in this charter, and shall continue to be so eligible so long as he shall serve.”


FOR THE BALLOT

Amendment No. 3

This amendment would prohibit a member of an administrative board or commission from serving in any other public office or on any other administrative board or commission.

Sponsored by: Ludye N. Wallace

WITHDRAWN

 

AMENDMENT NO. 4


Section 9.02 of Article 9 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new paragraph:

“Effective September 1, 2003, members of the metropolitan board of public education may be compensated at a rate as may be approved by the metropolitan county council as part of the general pay plan under the provisions of Section 18.05.”


FOR THE BALLOT

Amendment No. 4

This amendment would permit the Council to provide for compensation for members of the metropolitan board of education.

Sponsored by: Bob Bogen

FAILED

 

AMENDMENT NO. 5


Section 1.07 of Article 1 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by deleting Subsection A. in its entirety and substituting in lieu thereof the following new Subsection A.:

“A. No vice mayor elected and qualified for three (3) consecutive four (4) year terms shall be eligible for election to the succeeding term as vice mayor, and no member of the metropolitan county council elected and qualified for three (3) consecutive four (4) year terms shall be eligible for election to the succeeding term as metropolitan county council member. Service of less than two (2) years of one four (4) year term shall not affect eligibility to serve. Service of two (2) years or more of one four (4) year term shall equal one term.”


FOR THE BALLOT

Amendment No. 5

This amendment would extend the number of consecutive terms the Mayor, Vice Mayor and members of the Metropolitan Council can serve from two (2) four-year terms to three (3) four-year terms and that the term limits would not apply to any other office authorized or created by the Charter.

Sponsored by: Phil Ponder

ADOPTED


AMENDMENT NO. 6

Article 18, Section 18.06 shall be amended, as follows:
By deleting from Section 18.06 the last two paragraphs in their entirety and substituting in lieu thereof the following new paragraphs:
"The council may reject the proposed ordinance for redistricting, in which event, by resolution, adopted by a two-thirds vote of the membership of the council, the council may adopt its own plan for redistricting. Upon approval of the resolution by the mayor, or passage over his veto, redistricting shall be accomplished and district council members shall be elected accordingly at the next general election.
At the expiration of ninety (90) days subsequent to the receipt by the council of an ordinance of redistricting, as hereinbefore provided, if such ordinance or alternative resolution shall not have become effective, then the members of the council shall not receive any further salaries until they take one action or the other."

FOR THE BALLOT

Amendment No. 6

This amendment would allow the council to adopt a redistricting plan for council districts and districts for members of the board of public education other than the plan submitted by the metropolitan planning commission without the necessity of submitting such plans for public referendum.

Sponsored by: Ludye Wallace

WITHDRAWN

LEGISLATIVE HISTORY

Referred to: Charter Revision Commission
Charter Revision Committee
Introduced: August 20, 2002
Deferred: August 20, 2002
Adopted with one proposed Amendment: September 17, 2002
Approved: September 17, 2002
By: Mayor's Signature Not Required
Metro Charter Section 19.01