WHEREAS, Section 6-19-101(30) of the Charter for the City of Lakeland gives the City of Lakeland the specific right to establish public schools and to do all other acts necessary to establish, maintain and operate a complete educational system within the city;
WHEREAS, The City of Lakeland enacted Ordinance 13-188-b on May 21, 2013 calling for a special referendum on the creation and funding of a municipal school district in the City of Lakeland to be held on July 16, 2013, or some other appropriate date;
WHEREAS, The question presented by the municipal special referendum on the creation and funding of a municipal school system was answered in the affirmative by a majority of the qualified voters of the City of Lakeland participating in the referendum, showing the people of the City of Lakeland have indicated their willingness to meet the standards of adequacy and funding requirements set forth by State Board of Education Rule 0520-1-8-.01 and Tennessee Code Annotated § 49-2-106(b)(3) and authorizing the creation of a municipal school system in the City of Lakeland;
WHEREAS, The Tennessee Legislature passed Public Chapter No.256 of the 2013 Public Acts to amend Title 49 relative to local educational agencies, including Tennessee Code Annotated § 49-2-127(b), which authorizes the governing body of a municipality to establish, by ordinance, a municipal board of education in compliance with Tennessee Code Annotated § 49-2-201;
WHEREAS, Tennessee Code Annotated § 49-2-127(b) provides that there shall be not less than three (3) nor more than eleven (11) members of the municipal board of education;
WHEREAS, Tennessee Code Annotated § 49-2-127(b) provides that the members of the municipal board of education shall be elected in the same manner, either from districts or at large, or a combination of both, used to elect the members of the governing body of the municipality;
WHEREAS, Tennessee Code Annotated § 49-2-127(b) provides that the governing body of the municipality shall establish initial terms for members of the municipal board of education that vary in length, provided that all subsequently elected members, other than members to fill a vacancy, shall be elected to four-year terms;
WHEREAS, Tennessee Code Annotated § 49-2-127(b) provides that the initial municipal school board shall take office on the first day of the first month following certification of the results of the election to select the members of the initial municipal board;
WHEREAS, The City of Lakeland elects its governing body from the municipality at large pursuant to the Charter for the City of Lakeland;
WHEREAS, The Board of Commissioners has determined that the municipality is authorized by its charter to operate a municipal school system, and would possess a student population of sufficient size to comply with State requirements;
WHEREAS, The Board of Commissioners desires to establish a municipal school board to plan and manage the formation of a municipal school district as well as to manage and operate a municipal school district for the City of Lakeland to take effect at the beginning of the 2014-2015 school year or as soon thereafter as practical, such school district being deemed necessary to promote the education, health, safety, and morals of the residents of the City of Lakeland;
WHEREAS, The Board of Commissioners intends to enact an ordinance establishing a municipal school board for a municipal school district in the City of Lakeland and authorizing the election of school board members on November 7, 2013 or some other appropriate date and, further, establishing the number of school board members, manner of electing school board members, initial terms for school board members that vary in length, and compensation of school board members;
WHEREAS, A public hearing before the Board of Commissioners on this Ordinance was held on August _____, 2013.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS FOR THE CITY OF LAKELAND, TENNESSEE, THAT:
Section 1. A municipal school board for the City of Lakeland shall be established in compliance with applicable State law.
Section 2. The municipal school board for the City of Lakeland shall consist of five (5) members to be elected from the municipality at large.
Section 3. In order to be eligible to be a member of the municipal school board for the City of Lakeland, one must be a citizen of the State of Tennessee, be a resident and qualified voter of the City of Lakeland, have achieved a high school diploma or GED and filed documentation satisfactory to the Shelby County Election Commission evidencing same, have attained the age of eighteen (18) years at the time of their election, and otherwise meet all other requirements of applicable State law at the time one seeks election.
Section 4. All elections for the municipal school board for the City of Lakeland shall be conducted on a non-partisan basis.
Section 5. No member of the governing body of the City of Lakeland shall be eligible for election as a member of the municipal school board for the City of Lakeland.
Section 6. The initial terms for members of the municipal school board for the City of Lakeland shall vary in length, provided that all subsequently elected members, other than members to fill a vacancy, shall be elected to four-year terms. The three (3) candidates receiving the highest number of votes in the November 7, 2013 municipal special election shall each be elected to a four (4) year term ending with the September 2017 Lakeland elections and the two (2) candidates receiving the next highest number of votes in the November 7, 2013 municipal special election shall each be elected to a two (2) year term ending with the September 2015 Lakeland elections.
Section 7. Members of the municipal school board for the City of Lakeland may succeed themselves.
Section 8. Vacancies occurring on the municipal school board for the City of Lakeland shall be filled by the Board of Commissioners by appointment of a person who would be eligible to serve as a member of the municipal school board, with such member to serve until a successor is elected and qualifies according to applicable law, the successor to be elected at the next general election for which candidates have sufficient time to qualify under applicable law.
Section 9. The initial municipal school board for the City of Lakeland shall take office on the first day of the first month following certification of the results of the election to select the members of the initial municipal board.
Section 10. Compensation for members of the municipal school board for the City of Lakeland shall be $2,400.00 per annum.
Section 11. A municipal special election to select the members of the initial municipal school board of the City of Lakeland shall be held on November 7, 2013, or on some other appropriate date.
Section 12. The City of Lakeland, in accordance with state law, shall file this ordinance with the Shelby County Election Commission with a request that the special election to select the members of the initial municipal school board of the City of Lakeland be held on November 7, 2013.
Section 13. If the Shelby County Election Commission cannot hold the election to select the members of the initial municipal school board of the City of Lakeland on said November 7, 2013, the election shall be held on a date within the time prescribed by applicable State law.
Section 14. BE IT FURTHER ORDAINED that this ordinance shall take effect upon its passage on second and final reading, the health, safety and welfare of the citizens requiring it.
ADOPTED this _______ day of August, 2013.
First Reading _____________________
Public Hearing _____________________
Second Reading _____________________
Scott Carmichael, Mayor
ATTEST:
Sontidra L. Thomas, CMC
City Recorder
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