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An ordinance amending Metropolitan Code § 1.24.030 to permit the Mayor to enlist Metropolitan Employees outside of the Health Department and MNPD to issue citations to enforce emergency health orders.
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WHEREAS, Tenn. Code Ann. § 68-2-609, Metropolitan Charter § 10.103, and Metropolitan Code § 2.36.020 authorize the Medical Director of the Metropolitan Department of Health to take such action as may become necessary to assure the maintenance of public health and the prevention of disease; and,
WHEREAS, Metropolitan Code § 1.24.030 permits employees of specific departments, boards, and commissions to issue citations related to code violations within those departments, boards, and commissions; and,
WHEREAS, effective enforcement of county-wide emergency health orders requires the assistance of employees throughout the Metropolitan Government with existing citation authority under the Metropolitan Code of Laws; and,
WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and
Davidson County that this ordinance be approved.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Metropolitan Code § 1.24.030, is hereby amended by adding the following language to the final sentence of this section:
“After the declaration of a state of emergency for all or a portion of Davidson County by any officer authorized to do so, the Mayor may by written order appoint the employees of any Metropolitan Government department with existing citation authority under the Metropolitan Code of Laws to assist in the enforcement of orders issued by the Chief Medical Director, including without limitation the issuance of citations for violations of such orders.”
Section 2. This ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
agenda analysis
This ordinance amends Section 1.24.030 of the Metro Code to permit the Mayor to enlist Metro employees outside of the Health Department and MNPD to issue citations to enforce emergency health orders. T.C.A. § 68-2-609, Metropolitan Charter Section 10.103, and Metropolitan Code Section 2.36.020 authorize the Medical Director of the Metropolitan Department of Health to take such action as may become necessary to assure the maintenance of public health and the prevention of disease. Section 1.24.030 of the Metro Code permits employees of specific departments, boards, and commissions to issue citations related to code violations within those departments, boards, and commissions. This ordinance expands these provisions to provide that after a state of emergency declaration, the Mayor is authorized by written order to appoint the employees of any Metropolitan Government department to assist in the enforcement of orders issued by the Chief Medical Director, including without limitation the issuance of citations for violations of such orders.
There is a proposed amendment for this ordinance that would clarify that this new authority will only apply for those employees that already have the authority under the Metro Code to issue citations as part of their respective job responsibilities.