|Legal Opinion: |
Text of Document: August 8, 1996
You have the following question: If the city’s charter contains no ordinance publication requirement, must an ordinance be published? The answer is no, unless the general law prescribes the publication of a particular ordinance.
The ordinance publication requirement to which you refer [Tennessee Code Annotated, section 6-2-101] applies only to those cities chartered under the general law mayor-aldermanic charter. A similar provision is found in the general law manager-commission charter. [Tennessee code Annotated, section 6-20-118.]
However, your city has a private act charter, and the city’s ordinances are required to be enacted pursuant to that charter. That charter contains no publication requirement. [See State of Tennessee ex rel. Carl Balsinger v. Town of Madisonville, 435 S.W.2d 803 (Tenn. 1986); Biddle v. Town of Farragut, 646 S.W.2d 925 (Tenn. 1982); Town of Surgoinsville v. Sandridge, 866 S.W.2d 553 (Tenn. Ct. App. 1993).]
Sidney D. Hemsley
Senior Law Consultant