49-2-1206 - Consolidation plan.
49-2-1206. Consolidation plan.
(a) (1) Where the planning commission has submitted a plan of consolidation to the department of education and has thereafter approved the plan with or without revision, after receiving the recommendations of the department, the proposed plan of consolidation shall be submitted to the governing body of the county and of all affected municipalities, and to the boards of education of all affected special school districts.
(2) Before taking action upon the proposed plan of consolidation, each of the governing bodies and boards of education shall hold at least one (1) public hearing duly advertised one (1) week or more prior to the hearing, in a newspaper of general circulation throughout the county.
(3) Subsequent to the public hearing, each governing body and affected board of education shall consider and act upon the proposed plan of consolidation at its next regular meeting or at an adjourned session of the regular meeting.
(4) The governing body is authorized to:
(A) Approve the proposed plan of consolidation and recommend its adoption to the electorate; or
(B) Disapprove the proposed plan of consolidation and recommend its rejection by the electorate.
(5) Where the governing body of any affected county or municipality or the board of education of any affected special school district has approved the proposed plan of consolidation, the proposed plan of consolidation shall be voted upon at a referendum election as provided in subsection (b), and may be adopted by the result of the election as provided in subsection (b).
(6) Where the governing bodies of the affected county and of all affected municipalities and the boards of education of all affected special school districts have disapproved the proposed plan of consolidation, the proposed plan of consolidation shall be deemed rejected and finally disposed of, unless a referendum is called by petition as provided in subsection (c).
(7) Those counties with metropolitan governments in which the principal city is not the county seat shall be permitted to adopt a consolidation plan for school systems with approval of the governing body of the metropolitan government and approval by all affected school boards.
(b) (1) Any governing body or board of education that approves a plan of consolidation shall cause to be certified to the county election commission a copy of its resolution of approval, together with a copy of the plan of consolidation, unless it has knowledge that another governing body or board of education has previously so caused the copy of its resolution of approval to be certified.
(2) After certification, it is the duty of the county election commission to hold a special referendum election for the ratification or rejection of the proposed plan of consolidation.
(3) The special referendum election shall be held on the date fixed by the county election commission, not less than fifty (50) days nor more than seventy (70) days subsequent to the date the county election commission receives a certified resolution of approval from a governing body or board of education.
(4) The date of the special election so fixed may but need not coincide with the date of a regular general election.
(5) In a referendum election, voters residing in the county and qualified to vote for members of the general assembly shall be qualified to vote in the referendum election; and in any such election, the general laws with respect to elections shall be applicable except as otherwise provided in this section.
(6) Notice of the special referendum election shall be given as provided by § 2-12-111(b).
(7) (A) Ballots shall be in the form prescribed by the general election laws, except as otherwise provided in this section, and the only questions submitted to the voters shall be in the following form, with blanks appropriately filled in:
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(B) Where voting machines are used, suitable arrangements shall be made to permit the use of the machines.
(8) The county election commission shall canvass the returns and certify the results as if separate elections were being held within each incorporated municipality or special school district that maintains a separate school system, and also within the area of the county outside of municipalities and special school districts maintaining separate school systems.
(9) For the purpose of determining whether the proposed plan of consolidation has been accepted or rejected, the county election commission shall canvass the returns and certify the results for:
(A) Each city maintaining its separate school system;
(B) Each special school district maintaining its separate school system; and
(C) The entire area of the county outside of the city or cities and the special school district or districts maintaining their own separate school system.
(10) The proposed plan of consolidation shall be deemed ratified and adopted if the proposed plan of consolidation is approved by a majority of those voting within each city and each special school district maintaining its own school system and also in the area of the county outside the municipalities and special school districts.
(11) The proposed plan of consolidation shall be deemed rejected and shall not become effective if the proposed plan of consolidation is disapproved by a majority of those voting in any city or special school district maintaining its separate school system, or by a majority of those voting in the county outside the areas of the municipalities and special school districts.
(12) Whenever a plan of consolidation has been adopted, the county election commission shall proclaim that fact and shall deliver a copy of the plan of consolidation previously furnished to them to the consolidated board of education or transitional board when the consolidated board of education or transitional board has become constituted.
(c) (1) Within sixty (60) days after disapproval of the proposed plan of consolidation by the last governing body or board of education empowered to act on the plan, there may be filed with the county election commission a petition or petitions, signed by a number of registered voters at least equal to ten percent (10%) of the total votes cast in the county for governor at the then last preceding gubernatorial election, requesting a referendum election to vote upon the question of whether the plan of consolidation shall become effective.
(2) Persons signing the petition must be registered voters. In addition to their signatures, they shall write upon the petition their ages and specific addresses at the time of signing the petition.
(3) The person circulating each petition shall execute an affidavit at the end of the petition that all signatures on the petition were signed in that person's presence by the persons whose names the signatures purport to be.
(4) The referendum election shall be held not less than fifty (50) nor more than seventy (70) days after filing of the petition, and the results of the election shall be determined as provided in subsection (b).
[Acts 1963, ch. 246, §§ 10-12; modified; T.C.A., §§ 49-425 49-427; Acts 2001, ch. 131, § 1.]