RESOLUTION NO. RS2008-262

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 August 7, 2008.

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: Walter Hunt

AMENDMENT NO. __________

Section 3.02 of Article 3 and Section 15.01 of Article 15 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended as follows:

Section 3.02 shall be amended by deleting such section in its entirety and substituting in lieu thereof the following new Section 3.02:

“Section 3.02. Terms; compensation; age and residence qualification.
Except as otherwise provided in this section, members of the council shall serve for staggered terms of four (4) years and until their successors are elected and qualified; and shall be compensated at the rate provided in the general pay plan as provided for by section 12.10 of this Charter. Effective for the term beginning September 1, 2011, the five (5) councilmen-at-large and the district councilmen for the odd-numbered districts shall serve for a term of four years, and the district councilmen for the even-numbered districts shall serve for an initial term of six years (6) years. From and after the term beginning September 1, 2017, the district councilmen for the even numbered districts shall serve for a term of four (4) years.

No person shall be eligible to serve as councilman-at-large or district councilman unless he shall have attained the age of twenty-five (25) at the beginning of his term and unless he shall have been a resident of the area of the metropolitan government for a period of one (1) year and shall continue to reside therein during his period of service. No person shall be eligible to serve as district councilman unless he shall have been a resident of the district for which elected for a period of six (6) months and shall continue to reside therein during his period of service. Members of the council shall hold no other elective or appointive office in the metropolitan government or employment by said government, except as expressly provided in this Charter.”

Section 15.01 shall be amended by deleting such section in its entirety and substituting in lieu thereof the following new Section 15.01:

“A. For the purpose of electing a mayor, vice-mayor, five (5) councilmen-at-large, and the district councilmen for the odd-numbered districts, there shall be held on the first Thursday in August 2011, and each four (4) years thereafter, a general metropolitan election. At such general election each voter shall be entitled to vote for one (1) candidate for mayor, one (1) candidate for vice-mayor, five (5) candidates for councilmen-at-large, and one (1) candidate for district councilman from the district wherein the voter resides; and the names of all qualified candidates shall be so placed on the ballot or voting machine as to accord the voter such right.
B. For the purpose of electing the district councilmen for the even-numbered districts, there shall be held on the first Thursday in August 2011, and on the first Thursday in August 2017, and each four (4) years thereafter, a general metropolitan election. At such general election each voter shall be entitled to vote for one (1) candidate for district councilman from the district wherein the voter resides; and the names of all qualified candidates shall be so placed on the ballot or voting machine as to accord the voter such right.
C. All persons who are lawfully registered and who are qualified to vote for members of the general assembly of the State of Tennessee shall be qualified to vote in the metropolitan elections. The name of any candidate shall be included on the ballot or the voting machines when a written petition signed by at least twenty-five (25) qualified voters shall so request and when said petition shall be filed with the county commissioners of election at least within the number of days prior to the election provided by general law for the filing of qualifying petitions of candidates for election to county offices.

FOR THE BALLOT

Amendment No. ______

This amendment would provide for staggered terms for district councilmen, effective for the term beginning September 1, 2011. District councilmen for the odd-numbered districts would serve four-year terms beginning September 1, 2011. District councilmen for the even-numbered districts would serve an initial term of six years beginning September 1, 2011, and a term of four years thereafter.

Sponsored by: Walter Hunt