Resolution RS2019-1720 (as amended)
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 thereof, and setting forth a brief description of each amendment to be placed upon the ballot.
WHEREAS, Article 19, Section 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 of the Charter further 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 COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Pursuant to the provisions of Article 19, 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 1, 2019.
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.
AMENDMENT NO. II
Section 6.04 of Article 6 of the Charter of the Metropolitan Government of Nashville and Davidson County shall be amended by deleting it in its entirety and substituting the following in lieu thereof:
Sec. 6.04. - Review and revision of operating budget by mayor; submission to council; budget as public record; distribution of copies.
The mayor shall review the operating budget submitted to him or her by the director of finance, and may make any revisions in such budget as he or she may deem necessary or desirable, before it is submitted to the council for consideration.
Not later than May 1st, the mayor shall submit to the metropolitan council the operating budget as approved by him or her in the form and with the contents specified in section 6.03 hereof, together with a message explaining such budget, describing its important features, and outlining the proposed financial policies of the metropolitan government for the ensuing fiscal year and setting forth the reasons for any significant changes in policy or budgetary allocations. The mayor shall further provide the following:
- performance and efficiency measurements, as determined by the director of finance, for departments, boards, commissions and other agencies for which appropriations are made by the metropolitan government. The director of finance shall have discretion to omit those departments, boards, commissions and other agencies whose functions, duties and/or responsibilities are not conducive to quantifiable performance and efficiency measurements;
- the total principal amount of debt of the metropolitan government then outstanding, excluding those items set forth in subsection (E) herein;
- a comparison of such total principal amount of debt to the total principal amount of debt outstanding as of the same date of the previous calendar year (expressed in both dollar and percentage terms);
- a calculation of debt per capita, based on such total principal amount of debt and the population of the metropolitan government, as most recently published; and
- a summary of the total amount of authorized but unissued general obligation bonds for which short term debt has been issued in the form of commercial paper, bond anticipation notes, or capital outlay notes; and a summary of all debt authorized pursuant to an initial general obligation bond resolution for which no short term debt has been issued.
- As used herein, the term "debt" shall include only (i) general obligation indebtedness and (ii) indebtedness which does not constitute general obligation indebtedness but which is payable from and/or secured by a pledge or other commitment of all or any portion of the metropolitan government’s general fund; in either case, whether such indebtedness is in the form of bonds, notes, commercial paper, or other instrument.
The mayor shall promptly cause copies of the budget and the budget message to be prepared for distribution to interested persons, and a summary of the budget shall be published in each of the daily newspapers in the area of the metropolitan government. The operating budget, as well as the capital improvements budget hereinafter provided for, the budget message, and all supporting schedules shall be public records in the office of the metropolitan clerk and shall be open to public inspection.
FOR THE BALLOT
Amendment No. ___
This amendment would require that, in conjunction with submission of the annual operating budget, the mayor must also submit performance and efficiency measurements for departments, boards, commissions and agencies that receive appropriations from the metropolitan government. The director of finance would have discretion to determine appropriate measurements and to omit departments, boards, commissions and agencies whose functions are not conducive to quantifiable measurements.
This amendment would further require that the mayor submit the total principal amount of debt of the metropolitan government then outstanding; a comparison of that amount to the previous calendar year’s amount; a calculation of debt per capita; a summary of the total amount of authorized but unissued general obligation bonds; and a summary of all authorized debt for which short term debt has and has not yet been issued.
AMENDMENT NO. IV
I. Section 9.02 of Article 9, Chapter 7 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by deleting in its entirety the second-from-last paragraph thereof (beginning, “In the event a vacancy…”) and substituting in lieu thereof the following:
In the event a vacancy should occur for any reason other than the expiration of the term of a board member, the vacancy shall be filled by the metropolitan council in accordance with the provisions of Tennessee Code Annotated, section 49-2-201(a)(1). Persons eligible for appointment shall reside within the school district in which the vacancy occurs to and shall serve until the next county-wide general election, at which time a person shall be elected for the remainder of the unexpired term.
FOR THE BALLOT
Amendment No. ___
The Metropolitan Charter currently provides that a vacancy upon the metropolitan board of education is to be filled by the remaining members of the board. However, such vacancies are filled by the local legislative body pursuant to state law. This amendment would revise the Charter to render it consistent with state law.
Referred toCharter Revision Committee
IntroducedMay 7, 2019
AmendedMay 7, 2019
AdoptedMay 7, 2019 - Roll Call Vote
ApprovedMayor's approval not required - Metro Charter Section 19.01
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.
Last Modified: 07/10/2019 9:44 AM