A 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 2, 2004.

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 N. Wallace

AMENDMENT NO. __________

Sections 8.204, 8.304, 8.404, and 8.503 of Article 8, Section 10.105 of Article 10, Sections 11.506, 11.903, 11.1002, 11.1103, and 11.1204 of Article 11, and Sections 12.04 and 12.07 of Article 12 of the Charter of the Metropolitan Government of Nashville and Davidson County shall be amended as follows:

1. Section 8.204 shall be amended by deleting the first sentence in its entirety and substituting in lieu thereof the following new sentence:

“A permanent vacancy in the office of director shall be filled by appoint of the mayor and such appointment shall be confirmed by a majority vote of the total membership of the council, subject to the civil service provisions of this Charter and subject to qualifications to be prescribed by the civil service commission designed to secure a person especially qualified for the position by training and experience.”

2. Section 8.304 shall be amended by deleting the first sentence in its entirety and substituting in lieu thereof the following new sentence:

“A permanent vacancy in the office of director shall be filled by appoint of the mayor and such appointment shall be confirmed by a majority vote of the total membership of the council, subject to the civil service provisions of this Charter and subject to qualifications to be prescribed by the civil service commission designed to secure a person especially qualified for the position by training and experience.”

3. Section 8.404 shall be amended by deleting the first two sentences in their entirety and substituting in lieu thereof the following:

“The head of the department of public works shall be the director. A permanent vacancy in the office of director shall be filled by appointment made by the mayor and such appointment shall be confirmed by a majority vote of the total membership of the council, subject to the civil service provisions of this Charter.”

4. Section 8.503 shall be amended by deleting the first two sentences in their entirety and substituting in lieu thereof the following:

“The head of the department of water and sewerage services shall be the director. A permanent vacancy in the office of director shall be filled by appointment made by the mayor and such appointment shall be confirmed by a majority vote of the total membership of the council, subject to the civil service provisions of this Charter.”

5. Section 11.506 shall be amended by deleting the second sentence in its entirety and substituting in lieu thereof the following new provision:

“The planning commission shall appoint an executive director and such appointment shall be confirmed by a majority vote of the total membership of the council. The planning commission may enter into an employment contract with such person for a period not exceeding five (5) years, and at a compensation to be fixed by the commission.”
6. Section 11.903 shall be amended by adding the following new provision at the end thereof:

“The selection of the chief traffic engineer shall be confirmed by a majority vote of the total membership of the council.”

7. Section 11.1002 shall be amended by adding the following new provision at the end of the third enumerated powers and duties:

“Notwithstanding the foregoing provision to the contrary, the person to be employed by the board as director of parks and recreation shall be confirmed by a majority vote of the entire membership of the council.”

8. Section 11.1103 shall be amended by deleting the first sentence in its entirety and substituting in lieu thereof the following new sentence:

“There shall be a director of social service, who shall be appointed by the commission and confirmed by a majority vote of the entire membership of the council.”

9. Section 11.1204 shall be amended by adding the following new provision at the end thereof:

“Notwithstanding the foregoing provisions to the contrary, the person to be employed by the board as chief librarian shall be confirmed by a majority vote of the entire membership of the council.”

10. Section 12.04 shall be amended by deleting the first sentence in its entirety and substituting in lieu thereof the following new sentence:

“There shall be a director of personnel, who shall be appointed by the commission and confirmed by a majority vote of the entire membership of the council, subject to the civil service provisions of this Charter, and who shall have had training and experience in personnel administration.”

11. Section 12.07 shall be amended by adding the following provision at the end of subsection (d):

“Notwithstanding any other provision of this Section to the contrary, all persons appointed by the mayor to departmental director positions under the rules of the civil service commission shall be confirmed by a majority vote of the total membership of the council.

FOR THE BALLOT

Amendment No. _________

This amendment would require that the appointments of department director positions of the Metropolitan Government be confirmed by a majority vote of the full membership of the Metropolitan Council.