Dear Reader:
The following document was created from the MTAS website (www.mtas.tennessee.edu). This website is maintained daily by MTAS staff and seeks to represent the most current information regarding issues relative to Tennessee municipal government.
We hope this information will be useful to you; reference to it will assist you with many of the questions that will arise in your tenure with municipal government. However, the Tennessee Code Annotated and other relevant laws or regulations should always be consulted before any action is taken based upon the contents of this document.
Please feel free to contact us if you have questions or comments regarding this information or any other MTAS website material.
Sincerely,
The University of Tennessee
Municipal Technical Advisory Service
1610 University Avenue
Knoxville, TN 37921-6741
865-974-0411 phone
865-974-0423 fax
www.mtas.tennessee.edu
January 11, 2002
Dear Election Administrator:
You have the following question: Is the one year durational residency requirement for mayor (and aldermen) contained in § 6-3-103 of the general law mayor-aldermanic charter legal?
The answer is yes.
A number of cases in both the state and federal courts across the United States have struck down durational residency requirements of varying lengths. However, the heavy weight of authority in those cases involving durational residency requirements of one year, is that such requirements are legal. More important, Tennessee is in the United States Sixth Circuit Court of Appeals, and is governed by the cases decided in that Circuit. In City of Akron v. Beil, 660 F.2d 166 (6th Cir. 1981), the U.S. Sixth Circuit Court of Appeals upheld the City of Akron’s charter provision providing for durational residency requirement of one year for both at large seats and ward seats on the city council. That case is still the law on that point in the Sixth Circuit.
Let me know if I can help you further in this or any other matter.
Sincerely,
Sidney D. Hemsley
Senior Law Consultant
SDH/
Links:
[1] https://www.mtas.tennessee.edu/kb-authors/hemsley-sid
[2] https://www.mtas.tennessee.edu/system/files/knowledgebase/legal/Residency%20Requirement%20for%20Mayor%20public.doc
DISCLAIMER: The letters and publications written by the MTAS consultants were written based upon the law at the time and/or a specific sets of facts. The laws referenced in the letters and publications may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this website.
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