Historic Nashville Courthouse. (Photo: John Partipilo)
A split Tennessee Court of Appeals has ruled in favor of the state’s effort to cut the Metro Nashville Council in half, overturning a trial court decision in a battle between state and local governments.
The three-judge panel upheld a 2023 bill passed by the Republican-controlled legislature cutting the size of metropolitan government councils to 20, a move that would dramatically reduce the size of the Metro Nashville Council from 40 members — 35 from districts and five elected at-large.
The appeals court overruled a Davidson County Chancery Court’s decision that the state law violated two sections of the state Constitution, the home rule amendment that prevents the state from targeting specific local governments and a clause exempting metropolitan governments from a 25-member cap on legislative bodies.
“In resolving this dispute, we remember that it is our duty ‘to resolve every reasonable doubt in favor of the constitutionality of a legislative enactment,’” the decision states.
The Court of Appeals rejected Metro Nashville’s argument that the law applies only to Nashville, thus violating Tennessee’s Home Rule law that prevents state lawmakers from passing legislation targeting a local government without its permission.
While Tennessee has three counties that voted to form metropolitan governments, the law only requires Davidson County to shrink its council to comply.
The Court of Appeals sided with the state in affirming the idea that though the law would only impact the current governing structure of Davidson County, two smaller counties that already have Metro Councils with fewer than 20 members will be required to maintain that compliance. Any counties that form metropolitan governments in the future would also have to comply with the law.
House Majority Leader William Lamberth, a Portland Republican, applauded the court’s decision in affirming constitutionality of the Small Government Efficiency Act.
“The action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable and responsive to their constituents,” Lamberth said in a statement.
The Republican-controlled legislature started targeting Metro Nashville two years ago with a spate of bills designed to give the state greater control of the local government, including reducing the size of the council. The conflict stemmed, in part, from the council’s decision to reject a move to lure the Republican presidential convention to Nashville.
Allison Bussell of the Metro Legal Department said, “We are understandably disappointed and concerned about the ruling’s implications on local sovereignty. But we are also encouraged by Judge Armstrong’s compelling dissent. We are digesting the ruling and considering our options.”
“The Home Rule Amendment of the Tennessee Constitution, in part, stands for the proposition that the size of the Metro Council is a decision for the voters of Metro Council,” said Vice Mayor Angie Henderson in a statement. “The General Assembly’s 2023 Small Government Efficiency Act was advanced purportedly to address the ‘efficiency and effectiveness’ of Nashville’s legislative branch.”
“For the last 60 years, this 40-member Council has capably and effectively served the interests of our constituents, who today number some 715,000,” Henderson said.
The obvious reason for exempting a consolidated government from the restriction on the size of its membership is to accommodate the far larger population of a consolidated government as compared to a single county or municipality.
– Judge Kenny Armstrong
Judge Kenny Armstrong of Memphis dissented from Judge Steven Stafford of Dyersburg and Judge Carma Dennis McGee of Savannah in the ruling.
Armstrong argued in his dissent that Metro Nashville, as a metropolitan government with home rule, qualifies for an exemption from state-set restrictions on its legislative body’s size.
“The obvious reason for exempting a consolidated government from the restriction on the size of its membership is to accommodate the far larger population of a consolidated government as compared to a single county or municipality,” Armstrong stated.
This decision is a significant blow to Metro Nashville’s continued efforts to combat what city leaders have classified as unconstitutional state overreach.
The Court of Appeals’ ruling runs counter to a slew of victories for Metro Nashville in related cases. Nashville’s legal department has also sued to block laws targeting the city’s authority over boards controlling Nashville sports stadiums, its convention center, the fairgrounds and the Nashville International Airport.
The Court of Appeals noted that its decision on the Metro Council case opposes a separate Court of Appeals ruling nullifying the state’s attempt to vacate the Metro Nashville Airport Authority and appoint new members. The court in that case concluded that the law, which applied only to Metro Nashville, violated the home rule provision.
Tuesday’s ruling stated the airport case is “readily distinguishable” from the question of the Metro Council size statute, because the airport authority law was “unlikely” to apply to other counties in the future.
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