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The Center Square [By Kim Jarrett] –
A ruling by the Tennessee Court of Appeals could force the Metro Nashville Council to reduce its size from 40 to 20 members.
Tennessee lawmakers passed a bill in 2023 that limited metropolitan councils to 20 members. The Metro Nashville Council challenged the law, saying the Home Rule Amendment of the Tennessee Constitution gives Nashville voters the decision on its size.
A chancery court sided with Metro Nashville in 2024 and ruled the law was unconstitutional. The state appealed the ruling and the decision was handed down Tuesday.
“To the contrary, there is ample authority for the proposition that when the Legislature acts through general legislation, the Legislature retains power over a county, despite the county’s home rule status, and this is true even with respect to functions that are governmental or political in nature,” Judges J. Steven Stafford wrote in the majority opinion shared by Judge Carma Dennis McGee.
Judge Kenny Armstrong dissented.
Vice Mayor Angie Henderson said the Metro Council will discuss its next steps with the Department of Law.
“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 Nashville,” Henderson said in a statement. “The General Assembly’s 2023 Small Government Efficiency Act was advanced purportedly to address the ‘efficiency & 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.”
If the ruling stands, the law would take effect in 2027.
