A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to obtain an opinion from the Tennessee Attorney General as to whether the state law signature requirement for petitions for referendum or ballot initiatives renders the Metropolitan Government Charter signature requirement regarding petitions proposing Charter amendments ineffective.

WHEREAS, §19.01 of the Charter of the Metropolitan Government of Nashville and Davidson County provides in part that amendments to the Charter may be proposed and placed on the ballot upon a petition signed by ten percent (10%) of the number of the registered voters in Nashville and Davidson County voting in the preceding general election; and

WHEREAS, T.C.A. §2-5-151, enacted in 1997, provides that petitions for recall, referendum or ballot initiatives must be signed by at least fifteen percent (15%) of those registered to vote in the municipality or county; and

WHEREAS, the enactment of T.C.A. §2-5-151 in 1997 has created a legal query as to whether the state law signature requirement trumps the less onerous Metropolitan Charter signature requirement regarding petitions to amend the Charter; and

WHEREAS, certain citizens of the Metropolitan Government of Nashville and Davidson County have expressed interest in generating a petition drive to amend the Metropolitan Charter provisions regarding the size of the Metropolitan Council; and

WHEREAS, whether or not such a petition to amend the Charter requires ten percent (10%) of those voting in the preceding general election or fifteen percent (15%) of the total number of registered voters in the County has a marked impact on the feasibility of obtaining the necessary signatures; and

WHEREAS, it is fitting and proper that the Tennessee Attorney General issue an opinion as to whether the signature requirement of T.C.A. §2-5-151 trumps the signature requirement in §19.01 of the Metropolitan Charter.

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

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to obtain an opinion from the Tennessee Attorney General as to whether the state law signature requirement for petitions for referendum or ballot initiatives renders the Metropolitan Government Charter signature requirement regarding petitions proposing Charter amendments ineffective.

Section 2. The Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

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.