Tenn. Code § 7-1-113

Current through Acts 2023-2024, ch. 1069
Section 7-1-113 - Membership of metropolitan authority limited
(a) Notwithstanding a provision of a metropolitan government charter or § 7-2-108 to the contrary, the membership of a metropolitan council must not exceed twenty (20) voting members, as further provided in this section.
(b) If the membership of a metropolitan council is required to be reduced in order to comply with subsection (a), then:
(1) The metropolitan council reduction takes effect as of the next general metropolitan election after March 9, 2023. However, if the metropolitan council fails to take the necessary legislative action to effectuate this section prior to the qualifying date for the next general metropolitan election after March 9, 2023 as set by the county election commission, then the terms of the current members of the metropolitan council are extended for one (1) year and the county election commission shall set a special general metropolitan election to be held the first Thursday in August 2024 to elect the councilmembers for a term of three (3) years with the terms to begin September 1, 2024. Thereafter, members of the metropolitan council shall serve terms of four (4) years;
(2) Within thirty (30) days of March 9, 2023, the metropolitan planning commission shall establish district boundaries using the most recent federal census to ensure that a reapportionment maintains substantially equal representation based on population and otherwise complies with the United States and Tennessee constitutions and state and federal law;
(3) Upon approval of the council districts by the planning commission, the metropolitan council as currently constituted shall approve the new council district boundaries by resolution on or before May 1, 2023; and
(4) The metropolitan council shall take any legislative action required to effectuate this section by resolution receiving an affirmative majority vote of those present and voting, regardless of any provision of a charter or private act to the contrary.
(c) With respect to metropolitan governments formed after March 9, 2023, the metropolitan council must not be composed of more than twenty (20) voting members. The adopted charter of a newly formed metropolitan government may provide for the initial election of the members of its governing body on a date as set by the charter; provided, that the initial terms do not exceed four (4) years and expire on August 31 after the next subsequent general election held.
(d) This section does not preempt a metropolitan government from specifying in its charter the manner in which to hold a special election to fill a vacancy on the metropolitan council.
(e) This section does not preempt a future change in the size of a metropolitan council through an amendment to the metropolitan charter; provided, that the size of a metropolitan council does not exceed twenty (20) members.

T.C.A. § 7-1-113

Added by 2023 Tenn. Acts, ch. 21, s 1, eff. 3/9/2023.