A resolution calling upon the Regional Solid Waste Board to rescind all action taken at its May 13, 2003, meeting for failure to provide adequate public notice, and requesting the Metropolitan Department of Law to investigate the public notice methods used by Metropolitan boards and commissions and make recommendations to ensure that the public is provided with adequate notice of all board and commission meetings.
WHEREAS, T.C.A. §68-211-814 provides in part that the Municipal Solid Waste Region Board shall review all applications for a permit for construction or expansion of a solid waste disposal facility and shall conduct a public hearing after public notice has been given in accordance with Title 8, Chapter of Tennessee Code Annotated prior to making a determination as to whether the application complies with the state law; and
WHEREAS, T.C.A §8-44-103(b) provides that any governmental body which holds a meeting not previously scheduled by statute, ordinance, or resolution, or for which notice is not already provided by law, shall give adequate public notice of such meeting; and
WHEREAS, the solid waste regional board met on May 13, 2003, to consider the expansion of two solid waste disposal facilities; and
WHEREAS, the only notice provided to the public for the aforementioned meeting consisted of an advertisement in the classified section of the Tennessean on May 11, 2003, just two days before the scheduled meeting; and
WHEREAS, said notice published on May 11, 2003, simply stated that “due to bad weather, the Solid Waste Regional Board Meeting has been rescheduled to May 13, 2003 at Juvenile Court, 2nd Floor Courtroom C at 5:00 p.m.” and
WHEREAS, the Tennessee Court of Appeals held in Engelwood Citizens for Alternate B, et al. v. The Town of Englewood, 1999 WL 419710, that the contents of a notice required by T.C.A. §8-44-103(b) “must reasonably describe the purpose of the meeting or the action proposed to be taken,” and that the notice must be posted at a time sufficiently in advance of the actual meeting in order to give citizens both an opportunity to become aware of and to attend the meeting”; and
WHEREAS, the Court of Appeals in the Englewood case further held that “[w]e fail to see how two days notice is sufficient enough to fairly inform the public under these circumstances”; and
WHEREAS, as a matter of public policy, the Council has a strong and legitimate interest in ensuring that the public is adequately notified of all public meetings involving the Metropolitan Government.
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 stating, as a matter of public policy, that the public notice given by the Regional Solid Waste Board for its May 13, 2003, meeting was inadequate.
Section 2. The Metropolitan County Council further goes on record as calling upon the Regional Solid Waste Board to rescind all action taken at its May 13, 2003, meeting for failing to adequately provide notice to the public.
Section 3. The Metropolitan Council requests the Metropolitan Department of Law to investigate the public notice methods used by all Metropolitan Government boards and commissions and to make recommendations as to how notice should be given to ensure compliance with state law.
Section 4. 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: David Briley, Brenda Gilmore
|Referred:||Rules & Confirmations Committee|
|Introduced:||April 6, 2004|
|Adopted:||April 6, 2004|
|Approved:||April 7, 2004|
|April 20, 2004|