RESOLUTION NO. RS2008-275

A resolution approving Senate Bill 2948 of the 105th Tennessee General Assembly, as enacted by the General Assembly of the State of Tennessee, exempting decisions and hearings by the Metropolitan Employee Benefit Board from contested case procedures under the Uniform Administrative Procedures Act.

WHEREAS, Tennessee Code Annotated, Section 27-9-114(a) provides that contested case hearings by civil service boards of a county which affect the employment status of a civil service employee shall be conducted in conformity with contested case procedures under the Uniform Administrative Procedures Act; and

WHEREAS, Tennessee Code Annotated, Section 27-9-114(b) provides that judicial review of decisions by civil service boards of a county which affect the employment status of a county civil service employee shall be in conformity with the judicial review standards under the Uniform Administrative Procedures Act; and

WHEREAS, Tennessee Courts have held that the provisions of Tennessee Code Annotated, Sections 27-9-114(a) and 27-9-114(b), apply to hearings and decisions by the Metropolitan Employee Benefit Board; and

WHEREAS, the 105th General Assembly of the State of Tennessee has enacted Senate Bill 2948 (hereinafter “the Act”), which passed both houses on April 3, 2008, and was signed into law by the Governor on April 15, 2008; and

WHEREAS, the Act amends Tennessee Code Annotated, Section 27-9-114, by adding a new subsection (c), which provides that Section 27-9-114 shall not apply to the benefit board of any county having a metropolitan form of government that has a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census; and
WHEREAS, according to the 2000 federal census, Davidson County has a population in excess of five hundred and sixty nine thousand (569,000); and
WHEREAS, the Act provides that subsection (c) of Tennessee Code Annotated, Section 27-9-114 shall have no effect unless it is approved by a resolution adopted by a two-thirds (2/3) vote of the legislative body of the metropolitan government; and

WHEREAS, the Act further provides that the approval or nonapproval of subsection (c) of Tennessee Code Annotated, Section 27-9-114 shall be proclaimed by the presiding officer of the legislative body and certified to the secretary of state; and

WHEREAS, the Metropolitan Employee Benefit Board has recommended the adoption of legislation that exempts hearings and decisions by the Benefit Board from the contested case procedures of the Administrative Procedures Act.

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

Section 1. That subsection (c) of Tennessee Code Annotated, Section 27-9-114, which exempts decisions and hearings by the Benefit Board from the contested case procedures of the Administrative Procedures Act, is hereby approved by the Council of the Metropolitan Government of Nashville and Davidson County;

Section 2. 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: Erik Cole, Walter Hunt

LEGISLATIVE HISTORY
Referred:	Personnel Committee
Introduced:	May 20, 2008
Adopted:	May 20, 2008
Approved:	May 29, 2008
By: