Metro faces major shakeup as city waits for Supreme Court ruling in council size lawsuit
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Metro leaders are one loss at the Tennessee Supreme Court away from having to completely remake Nashville's city government.
The big picture: The size of the Metro Council would be reduced from its current 40 members to no more than 20 under a state law that has been the subject of a contentious two-year legal battle.
- Metro wants the Supreme Court to overturn a lower appeal's court's ruling upholding the law.
The intrigue: The political reality around the court — all five members were appointed by Republican governors — makes the city's chances of a legal victory seem unlikely. It's possible the Supreme Court doesn't even take up the case.
Between the lines: Since its formation in 1963, the Metro system of government favored the executive branch. With an unwieldy 40 members, legislative powers were watered down, and the mayor enjoyed significantly more control.
- Slashing the council in half could serve as a rebalancing.
Flashback: In 2023, Republicans in the legislature passed a law capping the size of Metro Councils across the state at 20 members. Nashville's is the only such government in Tennessee with a council larger than 20, and some critics viewed the measure as retribution for its Metro Council refusing to bid on hosting the Republican National Convention in 2024.
- After a lower court panel ruled the law unconstitutional, the state won at the appeals court level and the law was upheld.
State of play: City leaders insist they are not actively working on the details of reducing the council, but the uncertainty of the Supreme Court even taking up the case means behind-the-scenes conversations must begin.
- "For a matter of this complexity and potential magnitude, without presuming any particular outcome (in the legal challenge), as president of the Metro Council, it would be irresponsible of me not to be thinking through various scenarios and contingencies," Vice Mayor Angie Henderson tells Axios.
- "This moment requires thoughtfulness and prudence as we await the response of the Tennessee Supreme Court."
What he's saying: "If we have to face the reality of a smaller council, there will be multiple voices in the room, including the Planning Department, the mayor, the vice mayor and the council itself," Metro legal director Wally Dietz tells Axios. "It's a very complicated legal process inside Metro. But, we're not there yet."
What we're watching: Here are the monumental logistical questions facing Metro leaders should the appeal to the Supreme Court fail.
How many at-large members
The current council consists of five at-large seats representing the entire county and 35 district seats representing smaller sections of town.
- If the council is reduced to 20, city leaders will have to determine how many at-large seats should remain. Some council members want to keep five at-large seats, while others have mentioned three or two.
- There figures to be some members who push for eliminating the at-large roles altogether and forming a council with 20 district seats.
Staffing and funding
The most time-consuming part of a district council member's job is dealing with zoning applications and constituent services.
- If the council shrinks, meetings, texts and emails double. That could lead to needing more staff and paying the council members higher salaries.
- Increasing the pay creates the possibility of the council being effectively a full-time job, compared to the part-time job it is for most members now.
How to draw the district lines
Metro already goes through redistricting every decade, and typically the lines are drawn so that incumbent members don't have to run against each other in the next election.
- It will be impossible to maintain that approach with just 20 seats. It could lead to intriguing match-ups on the ballot in 2027.
- A guiding principle in drawing the lines will be maintaining the percentage of minority representatives on the council.
Flashback: In 2023, the Planning Department released proposed maps for a 20-person council. The maps were moot because Metro won the initial court challenge and the law was struck down.
- Revisiting the old maps is a guide to what the new council districts could look like.
All eyes on 2027
If the council is cut in half, as many anticipate, it will create a political battle royale for the city in 2027.
- In the last election two years ago, business groups faced off against progressive activist organizations in backing different candidates in Metro Council races. Overall, the progressive groups won that battle, flexing their grassroots organizing strength to overcome the fundraising advantage of the pro-business organizations.
- The result has been a council skeptical of increasing policing funding for initiatives like license plate readers, as well as increased scrutiny on economic development measures.
- Both sides will be eager to put everything they have into winning control of the new council in two years.