SUBSTITUTE RESOLUTION NO. RS2004-604
A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact necessary legislation to allow the Metropolitan Charter’s previously enacted recall and Charter amendment provisions, which have been arguably overridden by state law, to be applicable in the area of the Metropolitan Government.
WHEREAS, on August 1, 1991, the Charter of the Metropolitan Government was amended to include recall provisions to enable voters within the area of the Metropolitan Government to hold recall elections of Members of Council, the Vice Mayor, and the Mayor upon filing a recall petition containing the signatures of at least fifteen percent (15%) of the registered voters of the district from which the officer was elected; and
WHEREAS, on November 5, 1996, the voters of the Metropolitan Government approved an amendment to the Charter recall provisions by adding a time period for gathering signatures on recall petitions; and
WHEREAS, a separate Charter provision enacted in 1972, and amended in 1988, provides in part that amendments to the Metropolitan Charter may be proposed and placed on the ballot upon a petition signed by ten percent (10%) of the number of registered voters in Davidson County voting in the preceding general election; and
WHEREAS, T.C.A. §2-5-151, enacted in 1997, provides that petitions for recall, referendum or ballot initiatives must be signed by at least fifteen percent (15%) of those registered to vote in the municipality or county; and
WHEREAS, the election procedures adopted by the Tennessee General Assembly in 1997 have in effect changed the procedures for the recall of Metropolitan officers and for amending the Charter within the area of the Metropolitan Government; and
WHEREAS, since the voters of Davidson County have enacted their own recall and Charter amendment procedures, it is fitting and proper that state law allow the Metropolitan Charter recall and amendment methods to be used in the area of Davidson County.
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 enact necessary legislation to allow the Metropolitan Charter’s previously enacted recall and Charter amendment provisions, which have been arguably overridden by state law, to be applicable in the area of the Metropolitan Government.
Section 2. That the Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Davidson County Delegation to the General Assembly.
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: Parker Toler, Mike Jameson, Chris Whitson, Greg Adkins
|Referred:||Rules & Confirmations Committee|
|Introduced:||November 16, 2004|
|Substitute Introduced:||November 16, 2004|
|Deferred:||November 16, 2004|
|Deferred to December 6, 2005:||December 7, 2004|
|Withdrawn:||December 6, 2005|