An ordinance amending Section 4.12.095 of the Metropolitan Code of Laws relating to privatization contracts by changing the definition of "privatizing governmental services", requiring approval of such contracts by ordinance, and prohibiting certain individuals or firms from being eligible for such contracts, providing employment opportunity for displaced Metro employees, and required information being provided to the Council.


Section 1. Section 4.12.095 of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting the existing language and substituting in lieu thereof the following:

"A. No contract which provides for privatizing governmental services shall become effective unless and until such contract has been approved by ordinance adopted by the council. For the purposes of this section "privatizing governmental services" shall mean any services or work performed by employees of the metropolitan government as of the effective date of this ordinance, which services, if performed by nongovernmental entities, (1) would result in the termination, relocation, transfer or furloughing of one (1) or more employees of the metropolitan government who were employed to provide such services; or (2) the elimination of any vacant position funded in the operating budget in the past eighteen (18) months that provided such service; or (3) has a value or cost of one hundred thousand dollars ($100,000) or more, provided however, such term shall not include professional services.

B. Any contracts of metropolitan government entered into prior to the effective date of this ordinance may be renewed or extended, the provisions of this section to the contrary notwithstanding, provided such original contracts met the requirements of the provisions of the Metropolitan Code at the time of their original execution.

C. No person, firm, or entity may contract for privatizing governmental services if they provided consulting services for metropolitan government in the year preceding the date of an invitation to bid, a request for proposals or other solicitation to contract.

D. No contract for privatizing governmental services shall become effective unless all employees of metropolitan government who were providing such services be offered employment with metropolitan government at the same or greater pay grade and level.

E. No contract for privatizing governmental services may be approved unless a comprehensive written justification and cost-benefit analysis, prepared by the department or agency seeking to have such contract approved and approved by the Director of Finance, is filed with the council at the same time as the ordinance approving such contract. Such analysis shall include, but not be limited to, (1) a detailed explanation of the governmental services being privatized; (2) the cost for metropolitan government to continue providing such governmental services; (3) the anticipated cost-savings to metropolitan government; (4) the number, pay grade, and status of any metropolitan government employee positions to be eliminated; (5) the department or agency plan for assisting such employees in finding other employment within metropolitan government; and (6) a schedule and procedure of providing employees information of the changes to the department or agency and of their present and future employment status."

Section 2. That this Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Erik Cole, Rip Ryman, Mike Jameson, Carolyn Baldwin Tucker, Billy Walls, Vivian Wilhoite

Amendment No. 1
Ordinance No. BL2005-858

Mr. President:

I move to amend Ordinance No. BL2005-858 by amending Section1, subsection C. by adding after the phrase "or other solicitation to contract" the phrase "recommending, suggesting, or advising that such services be privatized".

Sponsored by: Erik Cole


Introduced: November 15, 2005
Passed First Reading: November 15, 2005
Referred to: Budget & Finance Committee
Deferred: December 6, 2005
Amended: December 20, 2005
Passed Second Reading: December 20, 2005 
Passed Third Reading: January 17, 2006 
Returned Unsigned by Mayor: January 18, 2006