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An ordinance modifying the structure of various boards and commissions to enhance operations and comply with provisions of the Metropolitan Charter.
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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, 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, the issue of clustered term end dates can be mitigated by calculating term end dates based on the seat’s previous term end date rather than the seat’s newest appointment date; and
WHEREAS, attendance by appointed and elected members at board and commission meetings is vital to the mission, goals, and effective operation of the respective boards and commissions; and
WHEREAS, the Metropolitan Charter prohibits Council members from serving as voting members on boards and commissions not created by the Metropolitan Charter.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Chapter 2.64.070 of the Metropolitan Code of Laws is established as follows:
2.64.070 Term commencement; Attendance requirements.
A. This subsection shall apply to all boards and commissions that are created by action of the metropolitan council, whether by resolution or ordinance.
B. Notwithstanding any resolution, ordinance, or other provision of this code to the contrary, the terms for all members of boards and commissions who are appointed or reappointed on or after December 1, 2024 shall be deemed to have begun the day after the term of the member who previously occupied the board or commission seat ended, provided the appointment is not filling the remainder of an unexpired term.
C. If over a one-year period, a board member or commissioner is absent for two-thirds of meetings of the full body for which a quorum is required, the board member or commissioner shall be considered to have excessive absences. The chair, vice chair, or executive director of a board or commission shall notify the metropolitan clerk of excessive absences for verification. Upon verification by the metropolitan clerk, the chair, vice chair, or executive director shall refer by letter the board member or commissioner to the chair of the council rules, confirmations, and public elections committee with a copy to the metropolitan council office. The chair shall introduce legislation at the first regular council meeting occurring at least 30 days from the date of the referral to consider removal of the board member or commissioner pursuant to section 11.109 of the metropolitan charter. This subsection C. shall not apply to ex-officio members of a board or commission.
Section 2. That Chapter 2.153.010, 2.153.020, 2.153.030, and 2.153.040 pertaining to the Nashville Sustainability Advisory Committee are hereby renumbered to 2.155.010, 2.155.020, 2.155.030, and 2.155.040, respectively.
Section 3. That Chapter 2.144.020(C)(1) of the Metropolitan Code of Laws pertaining to the Nashville Davidson County Continuum of Care Homelessness Planning Council is hereby amended as follows:
1. Twenty-five voting members. Eight members shall be appointed by the metropolitan mayor. Fourteen members shall be elected by the full membership of the Nashville-Davidson County Continuum of Care in accordance with its Governance Charter. Five of the voting members shall have lived homelessness experience. Three members shall be either members of the metropolitan council or the metropolitan vice mayor, selected by the metropolitan vice mayor, who shall be non-voting members.
Section 4. That Chapter 2.149.020 of the Metropolitan Code of Laws pertaining to the Metropolitan Housing Trust Fund Commission is hereby amended as follows:
2.149.020-Membership and term of office.
The commission shall be composed of seven members, who shall serve as such without compensation. One member of the commission shall be designated by the board of the metropolitan development and housing agency. One member of the commission shall be a member of the council designated by the vice-mayor for a term of two years and shall be a non-voting member. In no event shall the term of the council member extend beyond the council term in which they were elected. One member shall be designated by the continuum of care homeless planning council. Two members shall be elected by a majority vote of the whole membership of the council. The remaining two members of the commission shall be appointed by the mayor and approved by the metropolitan council. Members, except for the member of council designated by the vice mayor, shall serve terms of five years each, provided that the first members appointed shall serve terms of one, two, three, four, and five years respectively. Any vacancy due to any cause shall be filled for the unexpired term by the same appointing authority as the vacant appointment.
Section 5. That Chapter 2.154.010(B) of the Metropolitan Code of Laws pertaining to the Greenway and Open Space Commission is hereby amended as follows:
B. Four members of the metropolitan council, three of whom serve on the arts, parks, libraries, and entertainment committee of the council, or a successor committee to which greenway legislation is referred, and selected by that committee, and one other at-large council member selected by the vice mayor. Such council members selected shall be non-voting members who serve for a term not to exceed two years, which terms shall begin within sixty days after council elections, and sixty days after the middle of the council term;
Section 6. That Chapter 2.155.010(A) of the Metropolitan Code of Laws pertaining to the Nashville Sustainability Advisory Committee is hereby amended as follows:
A. The committee shall be composed of fifteen 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 three members shall be representatives of environmental, sustainability, and resilience interests from the private, for-profit sector. At least three 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 from the metropolitan council who 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. At least one member shall be a representative of the mayor. At least two members shall be representatives of the general public.
Section 7. That Chapter 2.96.020(A) of the Metropolitan Code of Laws pertaining to the Metropolitan Safety Advisory Board is hereby amended as follows:
A. The safety advisory board shall consist of eight members. Seven of the members shall be appointed by the metropolitan county mayor for terms of two years and shall serve at the pleasure of the metropolitan county mayor. Three of the seven members of the board to be appointed by the mayor shall serve terms of one year, and the remaining four members to be appointed by the mayor shall serve terms of two years, with the mayor designating the length of the term of the members when they are appointed. The remaining eighth member of the board shall be a member of the metropolitan council public safety committee, who shall be a non-voting member who is elected by said committee to serve 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 8. That Chapter 6.28.035(C) of the Metropolitan Code of Laws pertaining to the Short Term Rental Appeals Board is hereby amended as follows:
B. The board shall consist of seven members. One member shall be a member of the metropolitan council and 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. 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 three 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 one shall be an attorney.
Section 9. That Resolution RS2021-966 pertaining to the COVID-19 Financial Oversight Committee is hereby amended to clarify that members of the Metropolitan Council who serve on the Financial Oversight Committee shall serve as non-voting members.
Section 10. That the Tax Increment Financing Study and Formulating Committee established by BL2018-1315 has completed its work and is hereby dissolved.
Section 11. That the Special Solid Waste and Recycling Commission established by BL2021-693 has completed its work and is hereby dissolved.
Section 12. That the Tax Incentive and Abatement Study and Formulating Committee established by BL2022-1415 has completed its work and is hereby dissolved.
Section 13. 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.