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An ordinance modifying the structure of various boards and commissions to enhance operations
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WHEREAS, the Metropolitan Government depends on boards and commissions for key functions; and
WHEREAS, boards and commissions of the Metropolitan Government are primarily composed of volunteer citizens with passion and expertise in relevant subject areas; and
WHEREAS, Metro boards and commissions have been established in an inconsistent manner as a result of their creation occurring over a period of many decades, language originating from different sources, impacts from contemporaneous political considerations, antiquated factors, and other factors; and
WHEREAS, due to the manner in which membership term end dates are calculated, many boards and commissions have seen a clustering effect for term end dates; and
WHEREAS, boards and commissions best function when terms are staggered to reduce the likelihood of high member turnover in a short period; and
WHEREAS, BL2024-582 was passed by the metropolitan council to keep term end clustering from worsening as a precursor to fixing existing clustering issues; and
WHEREAS, setting a baseline of seven to eleven voting members and making body-specific adjustments as appropriate ensures diversity of opinion, a manageable conversation size that can result in consensus, and factors specific to a body; and
WHEREAS, the opinions of those who work with boards and commissions, observe boards and commissions, and serve on boards and commissions are all worthy of consideration; and
WHEREAS, the changes proposed herein were proposed by or supported by stakeholders attached to the boards and commissions discussed herein.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 2.112.020 of the Metropolitan Code of Laws pertaining to the Metropolitan Nashville Arts Commission is hereby amended, for the purpose of modifying the commission’s size, as follows:
2.112.020 Membership and term of office.
The commission shall be composed of eleven members to be appointed by the mayor and to serve without compensation. All members of the commission shall be confirmed by the metropolitan county council. All vacancies of any commission member shall be filled for the balance of the unexpired term in the same manner as original appointments.
Section 2. That there shall be a transition period during which the Metropolitan Nashville Arts Commission shall evolve from the fifteen members that composed it prior to the effective date of this ordinance to the eleven members that shall compose it by virtue of this ordinance. The transition period shall last until four seats are identified as follows:
1. The mayor shall identify to the Clerk vacancies he does not intend to fill as eligible vacancies occur. Such vacancies must occur within 12 months of the effective date of this ordinance.
2. During this transition period, this commission shall be deemed to be entitled to 15 seats minus the number of seats that have been identified as vacated in this section.
Section 3. That Section 2.153.020(A) of the Metropolitan Code of Laws pertaining to the Bicycle and Pedestrian Advisory Commission is hereby amended, for the purposes of modifying the commission’s size and modifying seats assigned mayoral appointing authority, as follows:
The bicycle and pedestrian advisory commission shall be composed of eleven voting members. Nine members shall be appointed by the mayor with special consideration given to the following categories for committee membership: non-profit community groups advocating for biking and walking; students or faculty members from a local high schools or universities; local organizations that represent disabled persons; transportation planning, policy, or design professionals; senior citizen advocacy organizations such as the AARP and Fifty-Forward; local bicycle clubs; walking, running, or hiking clubs; urban planning or multi-modal transportation support organizations; parks or greenways friends groups; and individuals who are interested in biking and walking. One member shall be appointed by the vice-mayor. One member shall be elected by the council. All appointments must be confirmed by a majority of the membership to which the council is entitled. All members shall serve without compensation. The membership of the commission shall reflect the diversity of citizens of Nashville and Davidson County. The chair shall be appointed by the mayor from the voting membership. The chair shall serve for one year.
Section 4. That there shall be a transition period during which the Bicycle and Pedestrian Advisory Commission shall evolve from the thirteen members that composed it prior to the effective date of this ordinance to the eleven voting members that shall compose it by virtue of this ordinance. The transition period shall last until two seats are identified as follows:
1. The mayor shall identify to the Clerk vacancies he does not intend to fill as eligible vacancies occur. Such vacancies must occur within 24 months of the effective date of this ordinance.
2. During this transition period, this commission shall be deemed to be entitled to 13 seats minus the number of seats that have been identified as vacated in this section.
Section 5. That, when appointing four seats to the Beer Permit Board to succeed terms ending in 2027, the mayor shall identify one seat to serve two years, one seat to serve three years, one seat to serve four years, and one seat to serve five years. All subsequent terms for these seats shall be for the length of time prescribed in Section 7.04.020 of the Metropolitan Code of Laws.
Section 6. That, when electing three seats to the Beer Permit Board to succeed terms ending in 2027, the first seat elected by the council shall serve five years, the second seat elected by the council shall serve four years, and the third seat elected by the council shall serve three years. Any ties regarding term length shall be decided by the vice mayor. All subsequent terms for these seats shall be for the length of time prescribed in Section 7.04.020 of the Metropolitan Code of Laws.
Section 7. That, when appointing three seats to the CATV Special Committee to succeed terms ending in 2027, the mayor shall identify one seat to serve two years, one seat to serve three years, and one seat to serve four years. All subsequent terms for these seats shall be for the length of time prescribed in Section 6.08.080 of the Metropolitan Code of Laws.
Section 8. That, when electing three seats to the CATV Special Committee to succeed terms ending in 2027, the first seat elected by the council shall serve four years, the second seat elected by the council shall serve three years, and the third seat elected by the council shall serve two years. Any ties regarding term length shall be decided by the vice mayor. All subsequent terms for these seats shall be for the length of time prescribed in Section 6.08.080 of the Metropolitan Code of Laws.
Section 9. That, when appointing three seats to the Contract and Compliance Board to succeed terms ending in 2026, the mayor shall identify one seat to serve two years, one seat to serve two-and-one-half years, and one seat to serve three years. All subsequent terms for these seats shall be for the length of time prescribed in Section 4.20.130 of the Metropolitan Code of Laws.
Section 10. That, when electing two seats to the Contract and Compliance Board to succeed terms ending in 2026, the first seat elected by the council shall serve two-and-one-half years and the second seat elected by the council shall serve two years. Any ties regarding term length shall be decided by the vice mayor. All subsequent terms for these seats shall be for the length of time prescribed in Section 4.20.130 of the Metropolitan Code of Laws.
Section 11. That Section 2.132.030 of the Metropolitan Code of Laws pertaining to the Metropolitan Human Relations Commission is hereby amended, for the purposes of modifying the commission’s size and modifying seats assigned to each appointing authority equally, as follows:
2.132.030 - Composition-Qualifications, appointment, term and filling vacancies.
The human relations commission shall consist of fifteen members, who shall be broadly representative of the population of the general services district. Based on recommendations from any and all interested parties, including the metropolitan council, as well as ethnic, racial, religious, neighborhood, civic, community, social, fraternal, educational, commercial and advocacy organizations, the mayor shall appoint nine members of the human relations commission, subject to confirmation by a majority vote of the whole membership of the council. The remaining six members shall be elected by a majority vote of the whole membership of the council. Commission members shall serve three-years terms. A commission member is not eligible to be reappointed to the commission if such member has served more than one-half of a three-year term and a consecutive complete three-year term. Every member shall have been a resident of the general services district for at least one year prior to appointment and shall continue to be a resident of the general services district so long as he/she shall serve as a member of the commission. In the event a vacancy is created on the commission by the death, incapacity, or resignation of a member, or by the failure of a member to continue to reside in the general services district, a successor for the unexpired term shall be appointed by the same appointing authority as the vacant appointments.
Section 12. That there shall be a transition period during which the Metropolitan Human Relations Commission shall evolve from the seventeen members that composed it prior to the effective date of this ordinance to the fifteen members that shall compose it by virtue of this ordinance. The transition period shall last until two seats are identified as follows:
1. The mayor shall identify to the Clerk one vacancy he does not intend to fill as an eligible vacancy occurs. Such vacancy must occur in 2027.
2. The council shall not elect a successor to one of the seats it is scheduled to fill in 2027.
3. During this transition period, this commission shall be deemed to 17 seats minus a) the number of seats that have been identified as vacated in this section and b) the number of seats the council did not elect a successor to as described in this section.
Section 13. That Section 2.132.050 of the Metropolitan Code of Laws pertaining to the Metropolitan Human Relations Commission, is hereby deleted, for the purpose of eliminating the distinctive quorum requirement which composes the chapter.
Section 14. Notwithstanding the provisions of BL2023-1783, that, when appointing ten seats to the Metropolitan Human Relations Commission to succeed terms ending in 2025, the mayor shall identify four seats to serve two years, three seats to serve three years, and three seat to serve four years. All subsequent terms for these seats shall be for the length of time prescribed in Section 2.132.030 of the Metropolitan Code of Laws.
Section 15. Notwithstanding the provisions of BL2023-1783, that, when electing five seats to the Metropolitan Human Relations Commission to succeed terms ending in 2027, the first two seats elected by the council shall serve four years, the next two seats elected by the council shall serve three years, and the next two seats elected by council shall serve two years. Any ties regarding term length shall be decided by the vice mayor. All subsequent terms for these seats shall be for the length of time prescribed in Section 2.132.030 of the Metropolitan Code of Laws.
Section 16. That, when appointing three seats to the Property Standards and Appeals Board to succeed terms ending in October 2028, the mayor shall identify two seats to serve three years and one seat to serve five years. All subsequent terms for these seats shall be for the length of time prescribed in Section 2.88.020 of the Metropolitan Code of Laws.
Section 17. That Section 6.54.020 of the Metropolitan Code of Laws pertaining to the Sexually Oriented Business Licensing Board is hereby retitled, for the purpose of renaming the board, as follows:
6.54.020 Board of licensing for adult entertainment and safety.
Section 18. That Sections 6.54.020(A) and 6.54.020(B) of the Metropolitan Code of Laws pertaining to the Sexually Oriented Business Licensing Board are hereby amended, for the purposes of renaming the board, modifying the board’s size, and deleting antiquated language, as follows:
A. A sexually oriented business licensing board is created and designated the metropolitan board of licensing for adult entertainment and safety (herein "board").
B. Membership-Terms
1. The board shall consist of seven members, who shall have been residents of the metropolitan area for not less than one year, and who shall continue to be eligible so long as they reside in the metropolitan area, to be appointed by the mayor and confirmed by a majority vote of the metropolitan council.
2. At least one of the seven members shall be an attorney, and one of the seven members shall be a health provider.
3. Each member shall be appointed for a term of four years and shall serve until his/her successor is appointed. Any vacancy other than the expiration of terms shall be filled for the unexpired term.
Section 19. That, when appointing four seats to the Sexually Oriented Business Licensing Board to succeed terms ending in 2027, the mayor shall identify two seats to serve three years and two seats to serve four years. All subsequent terms for these seats shall be for the length of time prescribed in Section 6.54.020 of the Metropolitan Code of Laws.
Section 20. That Section 6.28.035(C) of the Metropolitan Code of Laws pertaining to the Short Term Rental Appeals Board is hereby amended, for the purpose of modifying the board’s size and composition, as follows:
C. The board shall consist of seven voting members. Three members shall be elected by a majority vote of the whole membership of the metropolitan council and shall each serve terms of four years. The remaining four members shall be appointed by the mayor and confirmed by a majority vote of the metropolitan council and shall each serve terms of four years or until their successors are appointed. Of the members appointed by the mayor, at least two shall be attorneys. In addition, a member of the metropolitan council shall be selected by that body from its membership to serve as a non-voting member of the board for a term of two years. In no event shall the term of the council member extend beyond the council term in which they were elected.
Section 21. That there shall be a transition period during which the Short Term Rentals Appeals Board shall evolve from the six voting members that composed it prior to the effective date of this ordinance to the seven voting members that shall compose it by virtue of this ordinance. The transition period shall last until the newly established seat is filled in the manner described in Section 6.54.020 of the Metropolitan Code of Laws. During this transition period, this board shall be deemed to be composed of six seats until the newly established seat is filled. The requirement that two attorneys serve on the board shall take effect on the date when seven members first serve on the board concurrently.
Section 22. That Section 2.155.020(A) of the Metropolitan Code of Laws pertaining to the Nashville Sustainability Advisory Committee is hereby amended, for the purpose of modifying the committee’s size and composition, as follows:
A. The committee shall be composed of eleven voting members, to be appointed by the mayor and confirmed by the metropolitan council for a term of two years. All members shall serve without compensation. All members shall be residents of Davidson County. At least two members shall be representatives of environmental, sustainability, and resilience interests from the private, for-profit sector. At least two members shall be representatives of environmental, sustainability, and resilience interests from the non-profit community. At least one member shall be a representative from higher education. At least two members shall be representatives of the general public. At least one member shall be a representative of the mayor. In addition, two representatives from the metropolitan council shall serve as non-voting members. In no event shall the term of the council member extend beyond the council term in which they were elected.
Section 23. That, when appointing one seat to the Tourism and Convention Commission to succeed a term ending in 2026 and recommended by the Nashville Area Chamber of Commerce, the mayor shall identify the seat as serving two years. All subsequent terms for these seats shall be for the length of time prescribed in Section 2.148.020 of the Metropolitan Code of Laws.
Section 24. That Sections 15.60.350(A) and 15.60.350(B) of the Metropolitan Code of Laws pertaining to the Wastewater Hearing Authority are hereby amended, for the purposes of modifying the hearing authority’s size and composition, as follows:
A. There is established an authority of seven members to be known as the wastewater hearing authority.
B. The hearing authority shall be composed of the following members, to be appointed by the mayor and confirmed by the metropolitan council for a term of two years: one representative of major industry, one representative of a tributary utility district or city inside or outside Davidson County, one private citizen, two representatives of the technical/science or financial field, one representative of the manufacturing/industrial field, and one representative of the food service field.
Section 25. That there shall be a transition period during which the Wastewater Hearing Authority shall evolve from the five voting members that composed it prior to the effective date of this ordinance to the seven voting members that shall compose it by virtue of this ordinance. The transition period shall last until the newly established seat is filled in the manner described in Section 15.60.350 of the Metropolitan Code of Laws. During this transition period, this hearing authority shall be deemed to be composed of five seats plus the number newly established seats that have been filled. The requirement that one representative of the manufacturing/industrial field and one representative of the food service field serve on the board shall take effect on the date when seven members first serve on the board concurrently.
Section 26. That Section15.60.350(D)(11) of the Metropolitan Code of Laws pertaining to the Wastewater Hearing Authority is hereby amended, for the purpose of modifying the quorum requirement, as follows:
11. A majority of the members to which the hearing authority is entitled shall constitute a quorum, but a lesser number may adjourn the meeting from day to day;
Section 27. That, when appointing five seats to the Wastewater Hearing Authority to succeed terms ending in 2026, the mayor shall identify two seats to serve three years and three seats to serve four years. All subsequent terms for these seats shall be for the length of time prescribed in Section 15.60.350 of the Metropolitan Code of Laws
Section 28. That this ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.