RESOLUTION NO. RS2010-1270

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, 2010.

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: Charlie Tygard

Amendment No. _____

Article 12 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new Section at the end thereof:

“Section 12.__. Council approval of department head salaries.

Notwithstanding any other provision of this Charter to the contrary, the mayor shall submit to the council, not later than June 1 of each year, the recommended salaries for the subsequent fiscal year of all department directors appointed by the mayor. The council shall (1) adopt the mayor’s salary recommendation by resolution receiving twenty-one (21) affirmative votes, or (2) adopt the same as amended but without modifying the recommendation except by uniform modification of all salaries, or (3) reject the same. If the mayor’s department director salary recommendation is rejected by the council, it shall be returned to the mayor who shall thereupon formulate another salary recommendation for department directors for submission to the council in the manner set forth above. The previous fiscal year’s salaries for department directors appointed by the mayor shall remain in effect until the mayor’s new recommendation is approved by the council.

Department director salaries shall not be modified during the fiscal year except in the event of filling a vacancy. If a vacancy in a department director position is filled by the mayor during the fiscal year and the mayor proposes a change in salary for the position, such new salary shall be submitted to the council for approval by resolution receiving twenty-one (21) affirmative votes.”

FOR THE BALLOT

Amendment No. ____

This amendment would require the mayor to annually submit the recommended salaries of all department directors appointed by the mayor for approval by the metropolitan council by resolution.

Sponsored by: Charlie Tygard