[Download] "Civil Service Merit Board City Knoxville" by At Knoxville Supreme Court Of Tennessee # eBook PDF Kindle ePub Free

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eBook details

• Title: Civil Service Merit Board City Knoxville
• Author : At Knoxville Supreme Court Of Tennessee
• Release Date : January 16, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

The principal question in this declaratory judgment action is whether legislation passed in 1989 affecting municipal civil service boards in Tennessee's most populous counties violates the home rule provisions of Article XI, Section 9 of the Tennessee Constitution. The plaintiffs also allege that the legislation in question is based upon and utilizes unreasonable classifications, in violation of both the state and federal constitutions. The chancellor found that the statute, T.C.A. § 6-54-114, was constitutional in all respects. We agree and affirm the judgment. I. Background The genesis for local self-government by cities and towns in this state first appeared in Tennessee law in 1835. The state constitution adopted that year gave the General Assembly the discretion "to vest such powers in the courts of Justice, with regard to private and local affairs, as may be expedient." Tenn. Const. 1835, Art. XI, § VIII. That same provision was carried over into the Constitution of 1870, but its main implementation was in the creation of county courts to carry on local governance. In Tennessee, as in most other American jurisdictions, the right of municipalities to autonomous self-government has never been considered inherent, but has always been interpreted as a matter of constitutional
entitlement or legislative delegation of authority. Laska, The Tennessee State Constitution, 151 (1990); McQuillen, Municipal Corporations § 1.42 (3d ed. 1987). The possibility of truly independent municipal self-government, free from continuing legislative intervention and control, did not come into existence in this state until the constitution was amended in 1953 to establish the right to home rule.

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