RESOLUTION NO. RS2014-1268

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support the necessary legislation to allow the Metropolitan Council to make Metropolitan Government General Sessions Court judicial elections nonpartisan.

WHEREAS, the founders of the Metropolitan Government of Nashville and Davidson County chose to make local elected offices nonpartisan; and

WHEREAS, the offices of Metropolitan Mayor, Vice Mayor, and Council have been nonpartisan since the Charter became effective in 1963; and

WHEREAS, the current form of the Metropolitan General Sessions Court was created by an amendment to the Metropolitan Charter approved by the voters in 1971; and

WHEREAS, Metropolitan General Sessions Court judges are considered county offices under Tennessee law, which means a partisan primary election is held in order to determine the names to be included on the general election ballot; and

WHEREAS, General Sessions Court judges preside over misdemeanor criminal matters, small claims civil disputes, and alleged violations of Metropolitan Government ordinances, none of which should be influenced by partisan ideology; and

WHEREAS, nonpartisan General Sessions Court judge elections would allow the candidates to be selected based upon their unique qualifications, not their political ideology; and

WHEREAS, Tennessee Code Annotated § 2-13-203(e) provides that any county having a population in excess of 825,000 according to the 1990 federal census or subsequent census (Shelby County) can, by a two-thirds vote of the county legislative body, require that elections to fill judicial offices be conducted in a nonpartisan manner; and

WHEREAS, it is in the best interest of the citizens of Nashville and Davidson County that the Metropolitan Council be given the same authority as Shelby County as it relates to making General Sessions Court judge elections nonpartisan.

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 Davidson County Delegation to the Tennessee General Assembly to introduce and support the necessary legislation to allow the Metropolitan Council to make Metropolitan Government General Sessions Court judicial elections nonpartisan.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

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: Charlie Tygard