Tennessee § 5-1-204 - Charter commission — Creation.

§ 5-1-204. Charter commission — Creation.

The initial step in a charter form of county government shall be the creation of a charter commission. The charter commission may be created by the adoption of a charter resolution by the legislative body of a county. Such resolution shall be adopted by a majority of all members constituting such legislative body, and not by merely a majority of the quorum at any regular meeting or at any meeting specially called to consider such resolution. Such resolution shall provide that a charter commission is established to propose to the people an alternative form of county government to perform all of the governmental and corporate functions of the county. Such resolution shall provide that an election shall be held to select members of the charter commission. Members of the charter commission shall be elected from the same districts and in the same manner as the members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district. A copy of the resolution providing for an election to select members of the charter commission shall be certified by the county clerk to the county election commission, together with certificates as to the fact and date of adoption, and thereupon an election shall be held as provided in § 5-1-205. Alternatively, the charter commission may be created by proclamation of the county mayor. Such proclamation shall be ratified by a two-thirds (2/3) vote of all members constituting the county legislative body, and not by merely a majority of the quorum at any regular meeting or at any meeting specially called to consider such proclamation. Such proclamation shall provide that a charter commission is established to propose to the people an alternative form of county government to perform all of the governmental and corporate functions of the county. Such proclamation shall also identify and appoint the individual members of the charter commission. Members of the charter commission shall be appointed from the same districts as members of the county legislative body are elected. No more than three (3) members of the charter commission shall be appointed from any one (1) district. This subsection (c) shall not apply in counties having a population of: not less than nor more than 4,300 4,400 4,500 4,600 6,125 6,225 7,650 7,700 9,350 9,400 13,565 13,600 14,925 14,940 15,675 15,775 19,500 19,575 26,400 26,500 31,900 32,000 32,600 32,700 38,300 38,315 47,575 47,615 143,900 144,000 according to the 1980 federal census or any subsequent federal census. A charter resolution creating a charter commission may be initiated by petition of the voters in the following manner: The petition shall be addressed to the county legislative body requesting that a charter commission be created, and it shall state the number of members to be elected as members of such commission; The petition shall state the number of members to be elected from each of the same districts as members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district; The petition shall be signed by at least a number of registered voters in the county equal to ten percent (10%) of the total number of votes cast in such county for governor at the last preceding gubernatorial election; The petition requesting such resolution shall be filed with the county clerk and a photographic copy of the petition shall be filed at the same time with the county election commission, which shall be the judge of the sufficiency of the petition. The county election commission shall hold an election on the charter resolution, as in subsection (b). A charter commission may be created in any county in the manner prescribed by private act of the general assembly. Nothing contained within this section shall be construed to affect the judicial system in any county adopting a charter form of government except as its charter or ordinances may direct the imposing, levying or collection of fines, penalties, fees or court costs or the procedures for the filling of vacancies as required by law. This subsection (f) shall not apply to counties with a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred ninety thousand (290,000), based upon the 1980 federal census. Acts 1979, ch. 402, § 4; T.C.A., § 5-124; Acts 1983, ch. 422, §§ 1, 2; 1984, ch. 763, § 1; 1984, ch. 905, §§ 1, 2; 2003, ch. 90, § 2. Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101 . Attorney General Opinions. Shelby County ordinance creating private right of action for civil rights violations. OAG 12-73, 2012 Tenn. AG LEXIS 80 (7/19/12). Once elected, members of a charter commission have a duty to prepare and file a charter for consideration by the people. The applicable statutes place no limits on a county legislative body’s authority to extend the time a charter commission has to prepare and file its proposed charter. State law does not provide any other specific remedies for a charter commission’s failure to fulfill its duty, but a county legislative body has some implied authority over the continued existence of the commission. OAG 18-36, 2018 Tenn. AG LEXIS 35 (7/30/2018).