Tennessee § 6-3-102 - Election of board by municipalities incorporated under chapters 1 and 2 of this title, on or prior to June 30, 1991. [Amendment Contingent on Municipality Approval. See the Compiler's Notes].

§ 6-3-102. Election of board by municipalities incorporated under chapters 1 and 2 of this title, on or prior to June 30, 1991. [Amendment Contingent on Municipality Approval. See the Compiler's Notes].

A municipality incorporated under chapters 1 and 2 of this title, on or before June 30, 1991, may, by ordinance, establish wards, increase or decrease the number of wards, increase or decrease the number of aldermen to no fewer than two (2) and no more than eight (8) in accordance with § 6-3-101. Any municipality that has only one (1) ward may provide by ordinance for numerical designations for aldermanic positions. After numerical positions have been designated, candidates for alderman shall qualify by indicating on the qualifying petition the position the candidate is seeking. Ballots shall indicate the position to be filled by the selection of candidates listed under “Alderman, position 1,” “Alderman, position 2,” and so on. Any qualified person residing in the municipality may seek an open aldermanic position, but may qualify in any election for only one (1) position. A municipality whose board has staggered two-year terms may by ordinance change to staggered four-year terms. The ordinance, which shall take effect for the next municipal election and shall not affect the present terms of members of the board of mayor and aldermen, shall provide for the transitional election of some members of the board for three-year terms. After this initial election, all members of the board shall be elected for four-year terms. A municipality whose board has nonstaggered two-year terms may by ordinance change to staggered four-year terms. The ordinance, which shall take effect for the next municipal election and shall not affect the present terms of members of the board, shall provide for the transitional election of some members of the board for two-year terms. After this initial election, all members of the board shall be elected for four-year terms. A municipality whose board has nonstaggered four-year terms may by ordinance change to staggered four-year terms. The ordinance, which shall take effect for the next municipal election and shall not affect the present terms of members of the board, shall provide for the transitional election of some members of the board for either two-year or six-year terms. After this initial election, all members of the board shall be elected for four-year terms. A municipality whose board has staggered two-year terms may, by ordinance, change to nonstaggered two-year terms. The ordinance, which shall take effect for the next municipal election and shall not affect the present terms of members of the board of mayor and aldermen, shall provide that the members elected at the next election will serve transitional terms of three (3) years. After such election, all members of the board shall be elected to serve two-year terms. A municipality whose board has non-staggered or staggered four-year terms may, by ordinance, change to two-year non-staggered or staggered terms. The ordinance shall not affect the present terms of members of the board serving four-year terms, and shall take effect for the next appropriate municipal election following the adoption of the ordinance. After such election, all members of the board shall be elected to serve two-year terms. A municipality whose board has nonstaggered two-year terms may by ordinance change to nonstaggered four-year terms. The ordinance shall take effect for the next municipal election and shall not affect the present terms of members of the board. Notwithstanding any provision of this chapter to the contrary, any municipality incorporated under this charter that is located within two (2) counties and has a population of not less than one thousand four hundred fifty (1,450) nor more than one thousand four hundred seventy-five (1,475), according to the 1990 federal census or any subsequent federal census, may by ordinance provide for the election of its mayor to a four-year term and the election of its aldermen to staggered four-year terms beginning with municipal elections that are conducted after January 1, 2001. Nothing in subdivision (c)(1) shall be construed as having the effect of removing any incumbent from office or abridging the term of any official prior to the end of the term for which such official was elected. Acts 1991, ch. 154, § 1; 1992, ch. 612, §§ 5-7; 1994, ch. 574, §§ 1, 2; 1998, ch. 691, § 1; 1998, ch. 954, §§ 1, 2; 2000, ch. 613, § 1; 2003, ch. 261, § 2; 2007, ch. 90, § 1. Compiler's Notes. Acts 2000, ch. 613, § 2 provided that the act shall have no effect unless it is approved by a two-thirds (2/3) vote of any municipality within two (2) counties and has a population of not less than one thousand four hundred fifty (1,450) nor more than one thousand four hundred seventy-five (1,475) according to the 1990 federal census or any subsequent federal census. Its approval or nonapproval shall be proclaimed by the presiding officer of such municipality and certified to the Secretary of State. For table of populations of Tennessee municipalities see Volume 13 and its supplement. Attorney General Opinions. Under T.C.A. § 6-3-102(b)(5) , a city could change the term of office of all the members of its board of mayor and aldermen to two-year terms, but no statute authorizes the city to shorten the mayor's term to two years while leaving the other members with four-year staggered terms, OAG 05-151, 2005 Tenn. AG LEXIS 153 (9/30/05).