§ 5.05. Amendments to the Charter.

The Charter may be amended as follows:

A.

In the manner provided by law for the framing, proposal and submission of new charters, a Charter commission may frame and propose amendments to this Charter and shall submit any such amendment to the voters of the county.

B.

The board of county commissioners may frame and by a two-thirds vote of the board of county commissioners propose amendments to this Charter. Except as otherwise provided in this subsection, every ordinance proposing a Charter amendment shall be introduced in the form and manner, and governed by the procedure and requirements, prescribed for ordinances generally. Every such ordinance shall contain after the enacting clause the following, and no other matter:

(1)

A statement that the Charter amendment set out in the ordinance is proposed for submission to the voters of the county in accordance with the requirements of this Charter; and

(2)

The full text of the proposed Charter amendment. Such an ordinance shall become effective upon adoption; and its effect shall be to require that the clerk of the board of county commissioners immediately deliver a certified copy of the ordinance to the county election commission and that the election commission submit the proposed Charter amendment therein contained to the voters of the county as provided below.

C.

Voters of the county may frame and propose amendments to this Charter. They may propose any such amendment by a petition addressed to the board of county commissioners and containing the full text of the proposed amendment. Any petition proposing a Charter amendment must be filed with the clerk of the board of county commissioners and must be signed by qualified voters of the county equal in number to at least 15 percent of the persons who voted in the last gubernatorial election in Shelby County. The clerk shall immediately deliver it to the county election commission. When such petitions have been determined sufficient, the county election commission shall submit same to the voters of the county in accordance with this section.

Editor's note— The Charter, § 5.05C., which states "at least 15 percent of the persons who voted in the last gubernatorial election" is superseded by the state law, T.C.A. § 2-5-151(d) which states "at least fifteen percent (15%) of those registered to vote in the … county."

D.

The county election commission shall submit to the voters of the county any Charter amendment proposed and delivered to them in accordance with the provisions of this section. They shall submit any such amendment to the voters at the next regular county election if one occurs not less than 60 and not more than 120 days following the delivery to such authorities of the ordinance or petition proposing the amendment. Not less than three weeks before any election at which a proposed Charter amendment is to be voted on, the election authorities shall publish a notice in a daily newspaper of general circulation. The form of the ballot for submission of proposed Charter amendments shall be governed by state law concerning referendum elections. If a majority of the voters of the county voting upon a proposed Charter amendment votes in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters of the county. Any Charter amendment shall be published promptly after its adoption in the manner provided in this Charter for adopted ordinances.

Editor's note— The Charter, § 5.05D, which states "at the next county election if one occurs not less than 60 and not more than 120 days" is superseded by the state law, T.C.A. § 2-5-151(f)(2) which states "a petition for recall, referendum or initiative shall be filed at least sixty (60) days before a general municipal or county election may be held on the question contained in such petition. The question contained in a petition filed less than sixty (60) days before an upcoming general municipal or county election will be placed on the ballot of the following general municipal or county election." In addition, the Charter, § 5.05D., which states "Not less than three weeks before any election at which a proposed Charter amendment is to be voted on, the election authorities shall publish a notice in a daily newspaper of general circulation." is superseded by T.C.A. § 2-12-111(b) which requires publication of "notice of elections on questions not less than twenty (20) days nor more than thirty (30) days before the day of the election."

Note— Subsection A—Authority for creating new Charters provided for in T.C.A. Title 5, Chapter 1, Part 2.