RESOLUTION NO. RS2011-1676

A resolution continuing the additional compensation for the Davidson County Circuit Court Clerk in an amount equal to ten percent (10%) of his base compensation pursuant to T.C.A. § 8-24-102(j)(2), and to eliminate the additional compensation for the Davidson County Criminal Court Clerk.

WHEREAS, T.C.A. § 8-24-102(j)(2) provides that county legislative bodies may provide to a clerk of court who serves more than one (1) court in the county additional compensation in the amount of ten percent (10%) of such clerk's base compensation; and

WHEREAS, T.C.A. § 8-24-102(j)(2) further provides that the additional compensation to be paid to clerks of court serving more than one court in the county shall be for the purpose of compensating the clerk for the additional duties and time required to serve multiple courts; and

WHEREAS, the Davidson County Circuit Court Clerk serves the eight Circuit Courts including the Probate Court, the Civil Division of the General Sessions Court, and the Metropolitan Traffic Courts; and

WHEREAS, the Davidson County Criminal Court Clerk is responsible for the operation of the criminal courts, which includes both General Sessions Court and State Trial Court; and

WHEREAS, in order for such an increase in compensation to be valid, T.C.A. § 8-24-102(j)(2) provides that the county legislative body must approve the increase by resolution; and

WHEREAS, on June 27, 2006, the Metropolitan Council adopted Resolution No. RS2006-1333 to provide additional compensation to the Davidson County Circuit Court Clerk and the Davidson County Criminal Court Clerk in the amount of ten percent (10%) of their base salary, as allowed by state law; and

WHEREAS, a recent investigative report from WSMV-TV provided evidence that Criminal Court Clerk David Torrence at the time was working no more than three days per week; and

WHEREAS, since the purpose of the additional compensation provided pursuant to T.C.A. § 8-24-102(j)(2) is to compensate the clerk for the additional duties and time required to serve multiple courts, it is inappropriate for Criminal Court Clerk David Torrence to continue to receive this additional compensation given his documented work habits.

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

Section 1. Pursuant to T.C.A. § 8-24-102 and Resolution No. RS2006-1333, the Davidson County Circuit Court Clerk shall continue to be paid additional compensation in the amount of ten percent (10%) of his annual base salary for the purpose of compensating the Clerk for the additional duties and time required to serve multiple courts.

Section 2. The additional compensation paid to the Davidson County Criminal Court Clerk in the amount of ten percent (10%) of his annual base salary pursuant to Resolution No. RS2006-1333 is hereby revoked, and the Davidson County Criminal Court Clerk shall cease to receive such additional compensation from and after the effective date of this Resolution.

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: Ronnie Steine, Charlie Tygard

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	June 7, 2011
Adopted:	June 7, 2011
Approved:	June 8, 2011
By: