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Appeals Court upholds state law halving Metro Nashville Council
Appeals Court upholds state law halving Metro Nashville Council

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time2 days ago

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Appeals Court upholds state law halving Metro Nashville Council

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. State appeals court ruling keeping Nashville's 40-member council intact 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. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

D.C. Republicans pile on Nashville mayor over ICE response — and imply more action in city
D.C. Republicans pile on Nashville mayor over ICE response — and imply more action in city

Yahoo

time28-05-2025

  • General
  • Yahoo

D.C. Republicans pile on Nashville mayor over ICE response — and imply more action in city

Republicans in Washington are piling on Nashville Mayor Freddie O'Connell in the wake of scrutiny from U.S. Rep. Andy Ogles, who's asked to initiate Congressional investigations into the mayor's response to a recent U.S. Immigration and Customs Enforcement operation in Nashville. After Ogles — flanked by several state lawmakers and Metro Nashville Council Member David Benton — reasserted a previous call to investigate O'Connell during a Memorial Day news conference, an official with the Trump administration is now weighing in. Tom Homan, the White House's executive associate director of enforcement and removal operations or 'border czar,' appeared on Fox News on May 27 to criticize O'Connell. 'I've said from day one — you can not cooperate with ICE if that's what you want to do, but you can't get in our way and you can't impede our efforts,' Homan said. 'If you cross that line, we'll seek prosecution.' Those comments stem from the mayor's Executive Order 30, which lays out a process and timeline for city departments to report communications with federal immigration authorities to the mayor's office. O'Connell amended the executive order in the middle of a weeklong ICE operation in Nashville in early May, adjusting the timeline so that the mayor's office is notified within one business day rather than within several. Homan also seemed to point toward another escalation in immigration enforcement in Nashville, saying he would 'flood the zone' with agencies including the FBI, the Drug Enforcement Administration, ICE and U.S. Marshals. 'If he wants to push back and support sanctuary cities, that means we 'flood the zone,'' Homan continued. 'We'll flood the zone in the neighborhoods to find the bad guy, we'll flood the zone at work sites to find the bad guy, but we're going to do it and he's not going to stop us.' Nashville is not a sanctuary city, nor is any city in the state of Tennessee. In fact, sanctuary cities are banned outright in Tennessee and have been for about seven years. The Tennessee legislature passed another law during a special session at the start of 2025 that, in part, criminalizes local officials who support sanctuary policies for immigrants. Asked whether O'Connell would be charged with obstructing ICE officials, Homan said, 'We'll see.' Homan confirmed the congressional investigation Ogles has called for and said he 'cannot confirm or deny' if ICE is also investigating O'Connell. Homan added that he planned to come to Nashville himself 'in the near future' and said he'd be open to meeting with O'Connell. During the appearance, Homan was also briefly critical of The Belonging Fund, which was established in the midst of the Nashville ICE operation to provide financial support to nonprofit organizations offering emergency assistance to immigrant families. That fund is not city-run but instead facilitated by the Community Foundation of Middle Tennessee, which notes on its website that donations to the fund are made possible solely by individual donors and private organizations, meaning no government contributions are included. Benton, the Metro Nashville Council member, called for a state or federal audit of the fund during his Memorial Day appearance with Ogles. On May 28, the Metro Nashville Council's Immigrant Caucus issued a news release condemning Benton's remarks on Memorial Day, calling them "racist propaganda," "inaccurate" and "inflammatory." The caucus also called for Benton, who represents part of Antioch where the ICE sweeps were focused, to resign. 'Councilmember Benton does not deserve to hold public office,' the release reads. 'His conduct and comments are unbecoming of an elected official, particularly one representing a district with a significant Latino population.' In an additional statement provided to The Tennessean, the Immigrant Caucus also backed O'Connell and other local leaders who have come out in support of Nashville's immigrant population. "It's clear that this fight will not be over anytime soon and so there is much more that needs to be done to support our immigrant neighbors," the statement reads. "The attacks against our neighbors and Nashville leaders is founded in an ideology that essentially says 'if you stand with brown people you are a criminal.'" The mayor's office has a history of publicizing Community Foundation funds established to respond to particular events or crises, like the Nashville School Violence Support & Healing Fund created to support victims of the January 2025 Antioch High shooting. O'Connell, for his part, repeatedly stated during the operation that the amended executive order likely wouldn't have changed the city's response in any way, nor would it have empowered the city to share details publicly on a looming immigration enforcement operation beyond communications between city departments. O'Connell's office had not responded to The Tennessean's request for comment by early afternoon on May 28. O'Connell has previously declined to comment on Ogles' earlier calls for an investigation. Rep. Andy Biggs (R-Ariz.), a member of the House Oversight and Judiciary committees, also made an appearance on Fox News to criticize O'Connell on May 28, albeit more briefly than Homan. Biggs called the executive order 'outrageous' and said it incentivizes people to 'not cooperate with ICE.' Biggs said that makes ICE operations 'more dangerous' for both federal agents and neighborhoods, since 'ICE is going to have to go into those neighborhoods' to find people that, purportedly, are 'hiding out there.' 'It's actually going to result in more arrests and deportations because if they get there and there's a bad guy and they happen to be with people that we wouldn't even be looking at, they're going to get arrested as well if they're illegally in the country,' Biggs said. Austin Hornbostel is the Metro reporter for The Tennessean. Have a question about local government you want an answer to? Reach him at ahornbostel@ Get Davidson County news delivered to your inbox every Wednesday. This article originally appeared on Nashville Tennessean: D.C. Republicans pile on Nashville mayor, imply more ICE action

D.C. Republicans pile on Nashville mayor over ICE response — and imply more action in city
D.C. Republicans pile on Nashville mayor over ICE response — and imply more action in city

Yahoo

time28-05-2025

  • Business
  • Yahoo

D.C. Republicans pile on Nashville mayor over ICE response — and imply more action in city

Republicans in Washington are piling on Nashville Mayor Freddie O'Connell in the wake of scrutiny from U.S. Rep. Andy Ogles, who's asked to initiate Congressional investigations into the mayor's response to a recent U.S. Immigration and Customs Enforcement operation in Nashville. After Ogles — flanked by several state lawmakers and Metro Nashville Council Member David Benton — reasserted a previous call to investigate O'Connell during a Memorial Day news conference, an official with the Trump administration is now weighing in. Tom Homan, the White House's executive associate director of enforcement and removal operations or 'border czar,' appeared on Fox News on May 27 to criticize O'Connell. 'I've said from day one — you can not cooperate with ICE if that's what you want to do, but you can't get in our way and you can't impede our efforts,' Homan said. 'If you cross that line, we'll seek prosecution.' Those comments stem from the mayor's Executive Order 30, which lays out a process and timeline for city departments to report communications with federal immigration authorities to the mayor's office. O'Connell amended the executive order in the middle of a weeklong ICE operation in Nashville in early May, adjusting the timeline so that the mayor's office is notified within one business day rather than within several. Homan also seemed to point toward another escalation in immigration enforcement in Nashville, saying he would 'flood the zone' with agencies including the FBI, the Drug Enforcement Administration, ICE and U.S. Marshals. 'If he wants to push back and support sanctuary cities, that means we 'flood the zone,'' Homan continued. 'We'll flood the zone in the neighborhoods to find the bad guy, we'll flood the zone at work sites to find the bad guy, but we're going to do it and he's not going to stop us.' Nashville is not a sanctuary city, nor is any city in the state of Tennessee. In fact, sanctuary cities are banned outright in Tennessee and have been for about seven years. The Tennessee legislature passed another law during a special session at the start of 2025 that, in part, criminalizes local officials who support sanctuary policies for immigrants. Asked whether O'Connell would be charged with obstructing ICE officials, Homan said, 'We'll see.' Homan confirmed the congressional investigation Ogles has called for and said he 'cannot confirm or deny' if ICE is also investigating O'Connell. Homan added that he planned to come to Nashville himself 'in the near future' and said he'd be open to meeting with O'Connell. During the appearance, Homan was also briefly critical of The Belonging Fund, which was established in the midst of the Nashville ICE operation to provide financial support to nonprofit organizations offering emergency assistance to immigrant families. That fund is not city-run but instead facilitated by the Community Foundation of Middle Tennessee, which notes on its website that donations to the fund are made possible solely by individual donors and private organizations, meaning no government contributions are included. Benton, the Metro Nashville Council member, called for a state or federal audit of the fund during his Memorial Day appearance with Ogles. On May 28, the Metro Nashville Council's Immigrant Caucus issued a news release condemning Benton's remarks on Memorial Day, calling them "racist propaganda," "inaccurate" and "inflammatory." The caucus also called for Benton, who represents part of Antioch where the ICE sweeps were focused, to resign. 'Councilmember Benton does not deserve to hold public office,' the release reads. 'His conduct and comments are unbecoming of an elected official, particularly one representing a district with a significant Latino population.' The mayor's office has a history of publicizing Community Foundation funds established to respond to particular events or crises, like the Nashville School Violence Support & Healing Fund created to support victims of the January 2025 Antioch High shooting. O'Connell, for his part, repeatedly stated during the operation that the amended executive order likely wouldn't have changed the city's response in any way, nor would it have empowered the city to share details publicly on a looming immigration enforcement operation beyond communications between city departments. O'Connell's office had not responded to The Tennessean's request for comment by early afternoon on May 28. O'Connell has previously declined to comment on Ogles' earlier calls for an investigation. Rep. Andy Biggs (R-Ariz.), a member of the House Oversight and Judiciary committees, also made an appearance on Fox News to criticize O'Connell on May 28, albeit more briefly than Homan. Biggs called the executive order 'outrageous' and said it incentivizes people to 'not cooperate with ICE.' Biggs said that makes ICE operations 'more dangerous' for both federal agents and neighborhoods, since 'ICE is going to have to go into those neighborhoods' to find people that, purportedly, are 'hiding out there.' 'It's actually going to result in more arrests and deportations because if they get there and there's a bad guy and they happen to be with people that we wouldn't even be looking at, they're going to get arrested as well if they're illegally in the country,' Biggs said. Austin Hornbostel is the Metro reporter for The Tennessean. Have a question about local government you want an answer to? Reach him at ahornbostel@ Get Davidson County news delivered to your inbox every Wednesday. This article originally appeared on Nashville Tennessean: D.C. Republicans pile on Nashville mayor, imply more ICE action

Nashville mayor proposes 13% bump for schools budget. Here's what it would do
Nashville mayor proposes 13% bump for schools budget. Here's what it would do

Yahoo

time27-05-2025

  • Business
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Nashville mayor proposes 13% bump for schools budget. Here's what it would do

Mayor Freddie O'Connell has proposed a 13% budget increase for Metro Nashville Public Schools for the upcoming fiscal year. District leaders gathered to talk through the proposal before the Metro Nashville Council budget committee on May 22. Tensions ran high at times during the two-hour hearing. The conversation revolved around staff raises and continuing programs initially funded by federal pandemic relief money, among other things. MNPS Director Adrienne Battle, Chief Financial Officer Jorge Robles and Board of Education Chair Freda Player were on hand to discuss the proposed $1.3 billion operating budget for the 2026 fiscal year, which begins July 1. Several members of the MNPS board and representatives from Metropolitan Nashville Education Association were also present, looking on from the public gallery in the council chambers. Here are five key takeaways from the discussion. The mayor's proposed budget includes plans for a 3% cost-of-living adjustment, also known as COLA, to employee salaries. That totals out to around $18.6 million. The budget also designates $9.2 million for step increases to salaries. If the budget is approved, Robles said, both teachers and non-teachers would see around a 5% raise between the COLA and step increases. During the pandemic, public school districts nationwide received a large influx of federal funding known as Elementary and Secondary School Emergency Relief, or ESSER. A total of $425 million flowed into MNPS through the relief fund. Some of that was used for one-time expenses as pandemic disruptions shuttered schools and forced them to switch to virtual learning. However, MNPS also used the money to place nurses in every school — something district and city leaders seek to continue as the final federal dollars are spent. Around $15 million is earmarked in the Metro Public Health Department budget to continue staffing nurses in schools. The proposed MNPS budget also includes $65.5 million to sustain other items initially funded by ESSER, representing the largest total cost outlined in the proposal. The funding includes added mental health resources for students, college and career readiness programs, summer school options, tutoring and more. Here's a look at other larger costs in the proposed budget: $44.8 million total for employee compensation (includes step raises, COLA and other costs) $20.4 million for school-based supports for children with special needs, English learners and others $14.6 million for textbooks Battle also highlighted the district's ongoing push to use employees known as classroom associates as substitute teachers. The classroom associates are full- and part-time employees assigned to specific schools who are also fully trained on safety protocols and have access to professional development training. Battle said the model has been "highly successful" and has provided stability for teachers and students alike. "The number one piece of feedback that we received from our schools is: 'This is great. We love it. It's effective,'" Battle said. MNPS spokesperson Sean Braisted said the district now has more than 500 classroom associates. The district also has a pool of traditional substitutes who can be assigned on a day-to-day basis. Braisted said traditional substitutes who worked more than 50% of the 2024-25 school year will be offered automatic renewals. Those who fell short of that requirement will be asked to reapply to substitute in the upcoming school year. Councilmember Courtney Johnston kicked off a lengthy exchange with MNPS leaders by leveling criticism at the district for not submitting a line-by-line budget ahead of the hearing. "This is, by percentage, the largest amount of money that we allocate every year," Johnston said. "This is not a budget, so it's really hard to come with educated questions around specific things." Battle said the district submitted documentation as requested and that it also publishes a budget book each year for the public to see. She explained that MNPS operates differently than other city departments because it's governed by an elected school board that has to approve the district's budget before it can be released. She said that cycle repeats each year. Player also chimed in to explain that the district often waits for state approval for certain allocations, and that district leaders were working up until last week to add those items to the proposed budget. "This is not new," Battle said. Johnston also blasted the district for using pandemic relief funds to create programs that now must be accounted for in the operating budget, saying it left taxpayers to "pick up the tab." Battle said the programs reflect heightened needs for students driven by the pandemic. "It costs more when you're providing those unique services," Battle said. "They deserve it. They deserve to have their needs met in that way. So that is what you're seeing in some of the trade-off there." Johnston also said the MNPS budget has increased "exponentially" since 2019. Councilmember Burkley Allen later commented that the overall budget for Nashville has increased by 70% since 2019, while the MNPS budget has increased by around 60% in that same period. Councilmembers will conduct several more budget and finance hearings and work sessions in the weeks to come before finalizing the city budget. The full council will vote on the budget within the month of June. The school board will then vote on the finalized budget ahead of the start of the new fiscal year on July 1. Rachel Wegner covers education and children's issues for The Tennessean. Got a story you think she should hear? Reach her via email at RAwegner@ You can also find her on Twitter or Bluesky under the handle RachelAnnWegner. This article originally appeared on Nashville Tennessean: Nashville schools: Inside the mayor's 13% budget increase proposal

Shocked by your Nashville Property tax reappraisal? Don't panic, what homeowners should know
Shocked by your Nashville Property tax reappraisal? Don't panic, what homeowners should know

Yahoo

time30-04-2025

  • Business
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Shocked by your Nashville Property tax reappraisal? Don't panic, what homeowners should know

Did you recently receive your home's new appraisal value? Don't panic just yet — an increase in your appraised value does not necessarily mean your property tax bill is going up. The appraisal value is only one part of the equation when it comes to determining a property tax bill. As previously reported by The Tennessean, state law mandates that Davidson County Assessor of Property, Vivian Wilhoite, reassess county property values every four years. The county's last reassessment occurred in 2021, marking 2025 as a reappraisal year. Notices were sent to to Metro homeowners on April 18, alerting them of the change in their property value as well as how to appeal, should they disagree with the new values. Across Davidson County, property values increased by an average of 45% — setting a new record-high for the second time since 2017. Still, there are more steps to be taken before determining definitive property tax rates. Here's what happens next and what else you should know. More: Trio of Republican groups form coalition to oppose potential tax hike in Nashville The assessor's office determines home values based on "market value," which is the price a knowledgeable buyer would pay and a knowledgeable seller would accept in an open market. Reappraisal values consider factors such as: location, size, amenities, and market conditions. Once inspections are complete, reappraisal notices are sent to property owners. The appraisal value is just one factor in the formula in determining a property tax bill. The appraised value is used to determine your assessed value, calculated by multiplying the appraised value by an assessment ratio that varies based upon the type of property you own. After the reappraisal, Davidson County is required to adjust the tax rate down to ensure tax revenue remains neutral for the government as a whole. In other words, just because property values increase doesn't mean more tax revenue for Metro. After that, the Metro Nashville Council can adjust local property tax rates during the annual budget process. This is when the city could increase the property tax rate in order to capture more revenue from the rising real estate values in Nashville. Nashville Mayor Freddie O'Connell must submit his 2026 proposed budget plan by May 1, council members must then approve that budget by June 30. Davidson County has maintained a steady property tax rate for the past three years, reported The Tennessean, and O'Connell is seeking to build on continuity in his proposed budget plan. 'I don't think we're in a position where we're going to be looking for Metro to be incubating new initiatives,' O'Connell said. 'This is not a shiny objects (fiscal year 2026). This is really much more about execution, endurance and excellence.' If you disagree with your property valuation, you can appeal it by requesting an informal review through the assessor's office, either online at or by calling 615-862-6059. The deadline to request an informal review is May 9 at 4 p.m. You will be notified of the review findings by June 6. If you are not satisfied with the informal review decision, you can schedule a formal appeal with an independent hearing officer or the Metropolitan Board of Equalization by calling 615-862-6059 starting May 12. The deadline to schedule a formal appeal is June 27, at 4 p.m. Missing this deadline may forfeit your right to appeal for the 2025 tax year. Diana Leyva covers trending news and service journalism for The Tennessean. Contact her at Dleyva@ or follow her on X, the platform formerly known as Twitter, at @_leyvadiana This article originally appeared on Nashville Tennessean: What's Nashville's property tax rate? What to know amid reappraisal

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