"Among the key arguments in Mayor Ron Littlefield’s lawsuit to block a Nov. 2 recall election:
State law supersedes City Charter on the number of signatures needed to force a recall"
/////
It looks like the City Charter applies because Tennessee law says it does, as below from that law:
Tennessee Code Annotated 2-5-151.
Petitions for recall, referendum or initiative.
(a) Any governmental entity having a charter provision for a petition forrecall, referendum or initiative or any person acting pursuant to such charter provision shall meet the requirements of this section.
(skip to (d) covers number required)
d) Petitions shall be signed by at least fifteen percent (15%) of those registered to vote in the municipality or county. The disqualification of one (1) or more signatures shall not render a petition invalid, but shall disqualify such signatures from being counted towards the statutory minimum number of signatures required in this section.
(Except that....skip to (j)
(j) This section shall control notwithstanding any statutory provision or charter provision of a municipality or county to the contrary; provided, that any contrary charter provision of a municipality or county which is enacted after July 1, 1997, shall control with respect only to the requirements set forth in subsection (d) relating to the statutory minimum number of signatures required in a petition.
......"Littlefield's claim that the state numbers apply for a recall will be tossed out of court because he was elected at the local level not the state level, thus the local/city charter numbers apply".....
True the City Charter applies because Tennessee law says it does, as below from that law:
Tennessee Code Annotated 2-5-151.
Petitions for recall, referendum or initiative.
(a) Any governmental entity having a charter provision for a petition forrecall, referendum or initiative or any person acting pursuant to such charter provision shall meet the requirements of this section.
(skip to (d) covers number required)
d) Petitions shall be signed by at least fifteen percent (15%) of those registered to vote in the municipality or county. The disqualification of one (1) or more signatures shall not render a petition invalid, but shall disqualify such signatures from being counted towards the statutory minimum number of signatures required in this section.
(Except that....skip to (j)
(j) This section shall control notwithstanding any statutory provision or charter provision of a municipality or county to the contrary; provided, that any contrary charter provision of a municipality or county which is enacted after July 1, 1997, shall control with respect only to the requirements set forth in subsection (d) relating to the statutory minimum number of signatures required in a petition.
Hamilton County residents might have to pay to use library
Littlefield can not be re-elected because he can not run again.
Crutchfield dissolving online publication
He can not run again (for City Mayor) unless he pushes Metro Government through
Audit cites four possible violations by Crutchfield
Who is Missy O'Shea and what is "New York Nights"?
Mayor files suit against recall; parties clash before coming court battle
"Among the key arguments in Mayor Ron Littlefield’s lawsuit to block a Nov. 2 recall election:
/////
It looks like the City Charter applies because Tennessee law says it does, as below from that law:
Tennessee Code Annotated 2-5-151.
Petitions for recall, referendum or initiative.
(a) Any governmental entity having a charter provision for a petition forrecall, referendum or initiative or any person acting pursuant to such charter provision shall meet the requirements of this section.
(skip to (d) covers number required)
d) Petitions shall be signed by at least fifteen percent (15%) of those registered to vote in the municipality or county. The disqualification of one (1) or more signatures shall not render a petition invalid, but shall disqualify such signatures from being counted towards the statutory minimum number of signatures required in this section.
(Except that....skip to (j)
(j) This section shall control notwithstanding any statutory provision or charter provision of a municipality or county to the contrary; provided, that any contrary charter provision of a municipality or county which is enacted after July 1, 1997, shall control with respect only to the requirements set forth in subsection (d) relating to the statutory minimum number of signatures required in a petition.
////// Therefore the City Charter "shall control"
Recall campaign makes its mark
......"Littlefield's claim that the state numbers apply for a recall will be tossed out of court because he was elected at the local level not the state level, thus the local/city charter numbers apply".....
True the City Charter applies because Tennessee law says it does, as below from that law:
Tennessee Code Annotated 2-5-151.
Petitions for recall, referendum or initiative.
(a) Any governmental entity having a charter provision for a petition forrecall, referendum or initiative or any person acting pursuant to such charter provision shall meet the requirements of this section.
d) Petitions shall be signed by at least fifteen percent (15%) of those registered to vote in the municipality or county. The disqualification of one (1) or more signatures shall not render a petition invalid, but shall disqualify such signatures from being counted towards the statutory minimum number of signatures required in this section.
(Except that....skip to (j)
(j) This section shall control notwithstanding any statutory provision or charter provision of a municipality or county to the contrary; provided, that any contrary charter provision of a municipality or county which is enacted after July 1, 1997, shall control with respect only to the requirements set forth in subsection (d) relating to the statutory minimum number of signatures required in a petition.
////// Therefore the City Charter "Shall Control"