RESOLUTION NO. RS2004-255

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: Sam Coleman

AMENDMENT NO. ___________

Section 9.02 of Article 9 and Section 11.502 of Article 11, Chapter 5 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended as follows:

1. Section 9.02 shall be amended by deleting the following sentence:

“Further, candidates for the board and members of the board shall hold no other elective or appointive public office.”

And substituting in lieu thereof the following new sentence:

“Further, candidates for the board and members of the board shall hold no other elective or appointive public office, except as otherwise provided in this Charter.”

2. Section 11.502 shall be amended by deleting such section in its entirety and substituting in lieu thereof the following new Section 11.502:

“Section 11.502. Number, qualifications, appointment, terms of office and vacancies of members.
The commission shall consist of ten (10) members. The mayor shall serve as a member of the commission by virtue of his public office and one (1) member of the metropolitan county council shall be selected by that body from its membership to serve as a member of the commission for a term of two (2) years. The member of council selected to serve as a member of this commission shall be the chairman of the council committee on planning, provided such a committee is established. One (1) member of metropolitan board of public education, or a person recommended to the mayor by the metropolitan board of public education, shall be appointed by the mayor to serve as a member of the commission for a term of two (2) years and shall be confirmed by a majority vote of the whole membership of the council. Seven (7) members shall be appointed by the mayor, shall be confirmed by a majority vote of the whole membership of the council and shall serve a term of four (4) years, respectively, or until a successor is duly appointed and qualified.
Any vacancy occurring during the unexpired term of any member shall be filled in the manner prescribed herein for the original selection of the members of this commission.

FOR THE BALLOT

Amendment No. _____

This amendment would require that a member of the Metropolitan Board of Public Education, or a person recommended to the mayor by the Metropolitan Board of Public Education, be appointed by the mayor to the Metropolitan Planning Commission.

Sponsored by: Sam Coleman

LEGISLATIVE HISTORY

Referred: Charter Revision Commission
Charter Revision Committee  
Introduced: April 20, 2004 
Deferred Indefinitely: April 20, 2004
Amended: August 17, 2004
Failed: August 17, 2004