A resolution requesting the Director and Special Counsel to the Metropolitan Council to provide a legal opinion regarding the impact of the new state law pertaining to consulting services by public officials on the activities and professions of Members of Council.

WHEREAS, on May 4, 2005, the Tennessee General Assembly enacted Chapter 102 of the 2005 Public Acts, which in part prohibits members of municipal or county legislative bodies to knowingly receive compensation for consulting services to assist a person or entity in maintaining, soliciting, or entering a contract with the municipality or county; and

WHEREAS, on September 19, 2005, Chris Whitson resigned his position as Councilman for the 23rd District, citing this new state consulting law as the reason for his resignation; and

WHEREAS, in light of Mr. Whitson's resignation letter, a copy of which is attached hereto and incorporated herein as "Exhibit A", Members of Council are concerned about the impact this new state law may have on their ability to engage in certain activities within their business or profession; and

WHEREAS, it is fitting and proper that the Special Counsel to the Metropolitan Council render an opinion providing guidance to Members of Council regarding the impact of the new state consulting law, and what is and is not prohibited by the law.

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 Director and Special Counsel to the Metropolitan Council to provide a legal opinion regarding the impact of the new state law pertaining to consulting services by public officials on the activities and professions of Members of Council.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to Mr. Donald W. Jones, Director and Special Counsel to the Metropolitan Council.

Section 3. That 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: Jim Gotto, Michael Craddock, Sam Coleman, Jim Forkum, Rip Ryman

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