5-1-204 - Charter commission Creation.
5-1-204. Charter commission Creation.
(a) The initial step in a charter form of county government shall be the creation of a charter commission.
(b) (1) The charter commission may be created by the adoption of a charter resolution by the legislative body of a county.
(2) 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.
(3) 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.
(4) Such resolution shall provide that an election shall be held to select members of the charter commission.
(5) 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.
(6) 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.
(c) (1) Alternatively, the charter commission may be created by proclamation of the county mayor.
(2) 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.
(3) 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.
(4) Such proclamation shall also identify and appoint the individual members of the charter commission.
(5) 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.
(6) The provisions of this subsection (c) shall not apply in counties having a population of:
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according to the 1980 federal census or any subsequent federal census.
(d) (1) A charter resolution creating a charter commission may be initiated by petition of the voters in the following manner:
(A) 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;
(B) 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;
(C) 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;
(D) 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.
(2) The county election commission shall hold an election on the charter resolution, as in subsection (b).
(e) A charter commission may be created in any county in the manner prescribed by private act of the general assembly.
(f) (1) Nothing contained within the provisions of 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.
(2) The provisions of 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.]