CLARKSVILLE, TN (CLARKSVILLE NOW) – It’s been six months since the Clarksville City Council postponed an ordinance to put “home rule” on the upcoming ballot. If passed by the council, the decision would go to a referendum, and if passed there, it would reorganize the City of Clarksville under a home rule charter.
Before the referendum can happen, however, it will have to clear the second hurdle in the council chambers on Thursday. The legislation, sponsored by Councilperson Trisha Butler, passed its first reading on June 3, with an amendment by Brian Zacharias moving the ballot initiative from 2022 to 2024. In July, the second vote was postponed to March 2023.
What is home rule?
In essence, home rule would give Clarksville the ability to change its charter, which essentially serves as the city’s constitution. Other major Tennessee cities, including Knoxville, Chattanooga and Memphis, have home rule charters.
Clarksville currently has a “private act” charter, which can only be changed or amended with approval from the state. A home rule charter would remove the state government from the equation, putting any changes or amendments into the hands of citizens via referendum every two years.
According to MTAS, if Clarksville were to adopt home rule, the state legislature would not be able to pass private acts that apply to the city; however, general laws that apply to all cities would still be applicable.
MTAS added that T.C.A. § 6-53-105(c) requires that the municipal chief financial officer estimate the cost and revenue impact of home rule amendments, with such estimates appearing on ballots containing amendments to home rule charters.
State control
At an executive session on Feb. 23, council members still had some questions regarding how much decision-making control home rule would give the residents of Clarksville. Councilperson Karen Reynolds asked the city attorney how the charter change would affect state direction.
“If we go to home rule, does that protect us from the ability of the state legislature to come in and direct us like that, because we no longer have to have their approval?”
City Attorney Lance Baker said the answer was both yes and no.
“It’s yes, because you are given the authority to govern your own self with regard to the charter. The answer is no, though, in the ultimate sense, because the state legislature can always change everything about state law at any time it wants, and in fact, the state legislature can absolutely do away with the City of Clarksville. It could just revoke our private act charter,” Baker said, noting the state could also change home rule law if such legislation was desired.
“Ultimately, we are just a political subdivision creature created by the state, and they can do with us what they please.”
Pros and cons
Councilperson Butler noted that if Clarksville were to adopt home rule, the city could put into place certain stipulations, such as how many charter amendments could be taken to a referendum every two years.
“We as a city could further restrict ourselves or the people – that sounds terrible, but we could do that once it’s home rule,” Butler said.
Councilperson Zacharias later added that the charter would give Clarksville freedom to make its own charter changes but that it would give up Clarksville’s opportunity to be subject to special acts of the state that could be potentially beneficial.
“In my experience talking to residents about this, if you want 10 different definitions of what a home rule charter is, just ask 10 different people in Clarksville,” Zacharias said. “Somebody I was talking to recently about this actually opined that this might be one of the biggest votes that this city undertakes, so we need to make sure we get this right.”
The council will vote on sending the adoption of home rule to referendum at their regular meeting on Thursday, March 2, at 6 p.m. at One Public Square.