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A resolution expressing the opposition of the Metropolitan Council to the proposed Charter amendment submitted by petition and conditionally scheduled for referendum election on December 15, 2020.
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WHEREAS, on August 26, 2020, a petition seeking to submit an amendment to the Charter of the Metropolitan Government of Nashville and Davidson County was submitted to the Metropolitan Clerk (the "Petition"); and
WHEREAS, on September 17, 2020, the Davidson County Election Commission certified to the Metropolitan Clerk that the requisite number of signatures of registered voters in Nashville and Davidson County had been attained, and the Metropolitan Clerk certified the Petition to the Commission on the same day; and
WHEREAS, on September 25, 2020, in response to concerns regarding the legal and constitutional validity of the Petition, the Election Commission voted to seek a declaratory judgment from Davidson County Chancery Court and set a conditional referendum election date of December 15, 2020 (estimated to cost $800,000.00 to $1,000,000.00); and
WHEREAS, on September 28, 2020, at the request of Mayor John Cooper and Director of Finance Kevin Crumbo, Director of Law Robert E. Cooper, Jr. issued Legal Opinion No. 2020-01 on behalf of the Department of Law of the Metropolitan Government of Nashville and Davidson County addressing the legal and constitutional sufficiency of the Petition; and
WHEREAS, the Legal Opinion of the Department of Law identified multiple defects in form and legal and constitutional deficits in the Petition, including the following:
* The proposed amendment violates the Tennessee Constitution and state law, which requires taxes to be set by the Metropolitan Council rather than by voter referendums. It also illegally uses the referendum to repeal an ordinance and adjust the tax rate mid-fiscal year.
* The proposed amendment violates state law by requiring voter referendums for bond issues greater than $15,000,000.
* The proposed ame...
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