RESOLUTION NO. RS2003-113

A resolution establishing a citizens’ task force to review Article II of Chapter 2.04 of the Metropolitan Code which imposes certain standards of ethical conduct and to make recommendations of improvements to Article II of Chapter 2.04 of the Metropolitan Code to the Metropolitan Council.

WHEREAS, the citizens of Metropolitan Nashville and Davidson County expect their representatives on the Metropolitan Council to act with the highest ethical standards; and

WHEREAS, the members of the Metropolitan Council desire to set standards of conduct which reflect the high standards of the citizens of Metropolitan Nashville and Davidson County; and

WHEREAS, the existing Code of Ethical Conduct (Article II of Chapter 2.04 of the Metropolitan Code) should be reviewed on a regular basis to insure that it reflects the current desires of the public and the realities of everyday life; and

WHEREAS, the existing Code of Ethical Conduct has been abused by members of the public seeking to gain political advantage; and

WHEREAS, various members of council have indicated a desire to consider modifying the financial disclosure requirements, the process for disclosure of council gatherings, the composition and conduct of the Council Board of Ethical Conduct; and

WHEREAS, at least one member of the Council Board of Ethical Conduct has commented publicly about matters pending before the Board; and

WHEREAS, Metropolitan Nashville and Davidson County has a great wealth of citizens able to assist the City in review of Code of Ethical Conduct; and

WHEREAS, it is proper for the Metropolitan Council to take advantage of the resources of the City in revising the existing Code of Ethical Conduct.

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

SECTION 1. There is hereby created and established an Ethics Review Task Force (“the Task Force”) which shall review the Code of Ethical Conduct (Article II of Chapter 2.04 of the Metropolitan Code) and make recommendations to the council regarding necessary changes to the Code of Ethical Conduct.

SECTION 2. The Task Force will be composed of not more than eleven (11) members. The Executive Committee of The Council will recommend eight (8) members of the Task Force. The eight (8) members of the Task Force shall represent the following categories:

a. two (2) former elected officials from Davidson County
(Members of Council or Vice Mayor);

b. a representative of the Nashville Bar Association;

c. a representative of the Napier-Looby Bar Association;

d. two (2) individuals trained in the study of contemporary
ethics representing the institutes of higher learning in the City ;

e. a corporate ethicist; and

f. a Certified Public Accountant.

Said members, upon recommendation of the executive committee, shall be appointed by a majority vote of the Metropolitan Council.

The Metropolitan Legal Director, Special Counsel to the Metropolitan Council and the Secretary of the Council Board of Ethical Conduct shall compose the remaining three (3) members of the Task Force.

SECTION 3. The Task Force will elect its own officers at a date set by the Executive Committee of the Council for organizational purposes. Thereafter, the Task Force will meet at such times and places as it may determine and shall give notice of all meetings to the public with the assistance of the Metropolitan Clerk. The Task Force is specifically authorized to rely upon outside experts in complying with the requirements set forth below.

SECTION 4. The Task Force will issue a report to the full Council not later than June 30, 2004. This report shall include the following:

a. a comparison of the existing Code of Ethical Conduct to
ethical standards set in other jurisdictions;

b. an evaluation of the existing Code of Ethical Conduct; and

c. a statement of suggested changes to the existing Code of Ethical
Conduct including the basis for suggesting the changes.

The Task Force shall hold at least one public hearing before issuing this report to the Council.

SECTION 5. 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: David Briley, Greg Adkins, Mike Jameson, Erik Cole, Ludye Wallace, Michael Craddock, Diane Neighbors, Adam Dread, Randy Foster, Parker Toler, Chester Hughes, Jim Shulman, Tommy Bradley, Jamie Isabel