November 2018 Clarksville Montgomery County Metropolitan Government
SCHOOL SYSTEM The current proposed charter simply references this fact allowing the CMCSS to operate under its own existing charter. Our Clarksville Montgomery County Schools have been successfully consolidated since 1963.
LEGISLATIVE BODY There will be 21 members to mirror the current County • Commission districts. There will be an additional 2 at large members that will • represent the interest of the entire population of Montgomery County. Members of the Legislative Body can serve three, four • year consecutive terms. You can not serve on the Legislative Body and work for • the Metropolitan Government. We currently, have a 12 member City Council representing the City of Clarksville and a 21 member County Commission representing Montgomery County. Currently, the City Council has term limits but the County Commission does not. The City Council is not allowed to work for the City government and serve on the council, however, no such rule exist with the County Commission.
MAYOR The Mayor may serve three, four year • consecutive terms. The Mayor will preside over the Legislative • Body but not be a voting member. Currently, we have a City Mayor and a County Mayor. The City Mayor does have term limits but the County Mayor does not. The City Mayor is a voting member of the City Council but the County Mayor is not a voting member of the County Commission.
JUDICIA IAL • Addresses the unification of the General Sessions Court and the City Court. This does not include the Circuit Court. • In 2020 when the City Judges term is up, the City Court will merge into the General Session Court. • Currently, we have a City Court and a General Sessions Court. The two will be merged into one court system.
CONSTITUTIONAL OFFICES This article establishes the Constitutional Offices that are required by the Tennessee State Constitution. These offices include the Sheriff, County Clerk, County Assessor, Trustee, and Register of Deeds.
METROPOLITIAN DEPARTMENT AND BOARDS • Established the Finance, Purchasing, Audit, Property Assessment, Treasury, Building and Zoning, Parks and Recreation, Fire, Public Utilities, Law, and Public Works. • The Finance and Purchasing Departments will be two separate departments. • There will be an Audit Department with the authority to Audit any department whose budget is approved by the legislative body. • All current Departments and Boards will continue to exist when the Charter becomes effective. The Legislative Body will have the authority to establish new Departments as necessary.
GENERAL PROVISIONS • There will be two services districts, a General Services District and an Urban Services District. • The Urban Services District will mirror the current City of Clarksville. • The General Services District will mirror the current unincorporated area of Montgomery County. • There is no provision for annexation in the new charter. If an area wants to be added to the urban district, it must be voted on by the citizens of the affected area and passed by 60%. • The General Services District cannot be taxed for services they do not have. • The General Services District can not be charged for the debt of the former city. • If an area chooses to vote for services and it passes, that area will not have to pay for the services until they are completed. No tax can be assessed on an area until the services are provided.
PUBLIC UTILITY FRANCISES AND UTILITY DISTRICTS AND PUBLIC UTILITY DEPARTMENTS The Charter recognizes our current franchises and utility districts with no changes to them. Recognizes the Clarksville Department of Electricity and Clarksville Gas and Water with no changes to their current structure.
AGENCIES, BOARDS, AND COMMISSIONS All agencies, boards and commission on the • effective date of the Charter will continue to exist. All future agencies, boards or commissions • will be established by the Legislative Body. A five member Ethics Commission will be • established and shall create and maintain a Code of Ethics. Currently, there is a Code of Ethics but no Ethics Commission oversight. The way Agencies, Boards, and Commissions are established has not changed.
ELECTIONS The new Mayor of the Metropolitan • Government will be elected in August of 2020. Half the current Legislative Body will run for • election in August 2020, with the other half finishing out their 4 year term. This will provide staggered terms for the Legislative Body. In the event the Mayor wins with less than • 30% of the vote, there must be a run off election between the two highest vote getters. Our current County elections occur in August and City elections occur in November. All 21 Commissioners run for election at the same time. There is also no provision in place for a run-off election for Mayor, therefore, we can and have had Mayors win with less than 30% of the vote.
COMPENSATION FOR ELECTED OFFICIALS • All Constitutional Officers’ pay is set by Tennessee State Law. • No salaries for the Mayor or Legislative Council can be changed during the current elected term. • The Mayor’s salary is set in conjunction with state law just as the current county Mayor’s salary is set. Currently, the County Mayor’s salary is set by State Law and the City by local resolution.
AMENDING THE CHARTER • The Charter can only be changed by a vote from the citizens. The referendum can be put on the ballot by the Legislative Body or by a petition from the citizens. • A change to the charter must pass by 50% in the Urban Services District and 50% in the General Services District. Currently, the way the City Charter is changed is at the State legislative level.
TRANSITION AND EFFECTIVE DATES • There will be a two-year transition period once Metropolitan Government passes. • All current zoning and ordinances for both the City and County will remain in place just as they currently are in both the city and county. • 30 days after consolidation passes, a transition committee will be put in place. The committee will include both Mayors, the Sheriff, the Chief of Police, 2 City Council members, 2 County Commissioners, both Directors of Finance, both Personnel Directors, both IT Directors and 6 citizens. This committee will use the Charter as their blueprint to consolidate the two governments.
PUBLIC SAFETY The Sheriff will be the Chief Law Enforcement • Officer. Current CPD officers will retain their current rank • and position in the new Metropolitan Government. The current Chief Of Police will be the new Chief • Deputy for the new law enforcement. The new law enforcement shall acquire • accreditation. A Civil Service System will be established in the new • law enforcement. Employees of the new Law Enforcement Division will • have the same employment protections as the current CPD. The new law enforcement will follow the CPD • policies and procedures manual. Currently, we have two Law Enforcement Offices. One for the County run by the Sheriff, an elected official. The other is Clarksville Police Department which has oversight of the City. The Chief of Police is appointed by the City Mayor.
BUDGET AND FINANCIAL MATTERS Requires a rolling 5 • year plan for Capital Expenditures and Infrastructure development Establishes the budget • process and timeline. For the first year of • Consolidation the budget of new government, can not exceed the combined budget of the previous City and County budgets.
DEPARTMENT OF FIR IRE • The Director of Fire will be appointed by the Mayor. • The Director of Fire will appoint Chief/Director of Fire Services, Chief/Director of Rural Fire Services, and Chief/Director of Emergency Ambulance Services and an Assistant Chief of Fire. • There will continue to be a Division of Rural Fire Services to serve the area outside the Urban Services District until a time a special district chooses such services. • There will continue to be an Emergency Ambulance Services to serve the General Services District and the Urban Services District. Currently, Emergency Ambulance Services is a stand alone organization with Rural Fire under it. Combining will help with efficiencies on Emergency calls.
EMPLOYEE MANAGEMENT SYSTEM • All County and City employees will be Metro Employees. • Currently, County employees are considered “at will” while most City employees have “due process” rights. • Under consolidation, employees will have “due process” rights except the most senior positions. • Nepotism – relatives of supervisors may not work in the direct line of supervision of their relatives, but can work in other departments or divisions of the government. • Clarksville Department of Electricity will maintain its separate Employee Management System. • Relatives of the Mayor or any member of the Legislative Body may not work in any department of the Clarksville Montgomery County Metropolitan Government. Currently, most employees of the City have property rights. County employees are “at will” employees.
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