Metro Council could be downsized following latest appeals court ruling

Yahoo

03-06-2025

NASHVILLE, Tenn. (WKRN) — A three-judge panel in the state's Court of Appeals found a law that would cut the size of Metro Council in half is, in fact, constitutional.
In 2023, the state legislature passed House Bill 48, which limited the number of metropolitan councilmembers to 20. The law was seen as retribution against Metro Council's decision not to support hosting the 2024 Republican National Convention.
JULY 2024: State law reducing Metro Council size ruled unconstitutional
Last July, a Nashville court ruled that the law violated the Local Legislation Clause of the Home Rule Amendment to the state constitution. Mayor Freddie O'Connell and Metro Councilmembers celebrated the decision. The ruling prevented the law from going into effect.
However, a three-judge panel in the state's Court of Appeals found the law to be constitutional and reversed the lower court ruling, allowing it to go into effect.
'At its most fundamental level, this case represents a power struggle between State government and local government,' Tuesday's majority ruling reads, in part.
'I applaud the Court's decision today affirming the constitutionality of the Small Government Efficiency Act,' Rep. William Lamberth (R-Portland) said in a social media post. 'This action reins in excessive government growth while ensuring local municipalities across the Volunteer State remain accountable and responsive to their constituents. Republicans will continue to cut waste at all levels of government.'
Nashville could appeal to the Tennessee Supreme Court.
'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,' Allison Bussell with Metro Legal told News 2 in a statement. 'We are digesting the ruling and considering our options.'
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I am grateful to the Metro Department of Law for their expert argument before the Court of Appeals in March of this year to uphold the Charter of the Metropolitan Government of Nashville and Davidson County on behalf of the voters and residents of Metro Nashville.
Metro Nashville was first in the nation to fully consolidate a city and a county government, and in so doing, a 40-member, highly representative, local legislative branch was created by the voters. I am disappointed that today's Court of Appeals decision failed to respect the will of our voters.
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. 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. Over the course of this recent term, this Council has delivered numerous efficiency improvements, and we will continue to represent all Nashvillians to the best of our ability.
I appreciate the dissenting opinion of Judge Armstrong and look forward to discussing our next steps with Metro's Department of Law.
Statement from Vice Mayor Angie E. Henderson
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