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CIVIL SERVICE MERIT BD. v. BURSON

816 S.W.2d 725 (1991)

CIVIL SERVICE MERIT BOARD OF THE CITY OF KNOXVILLE, Tennessee, Robert D. Madigan, M.D., Chairman, John R. Ruggles, Member, Henry W. Anderson, Sr., Member, Lindsay W. McDonough, Member, Erma G. Greenwood, Member and Wayne Day, Individually and as President of the City Employees League for and in Behalf of Employees of the City of Knoxville, Appellants, v. Charles BURSON, Attorney General of the State of Tennessee in his Official Capacity, Victor Ashe, Mayor of the City of Knoxville, Tennessee, in his Official Capacity, and City of Knoxville, Tennessee, Appellees.

Supreme Court of Tennessee, at Jackson.

September 16, 1991.

Attorney(s) appearing for the Case

Wayne R. Kramer, Knoxville, for the Civil Service Merit Bd. and its members.

Timothy A. Priest, Knoxville, for Wayne Day, Individually and as President of the City Employees League.

Charles W. Burson, Atty. Gen. & Reporter, Andy D. Bennett, Deputy Atty. General, Nashville, Thomas A. Varlan, Law Director, City of Knoxville, for appellees.

OPINION

DAUGHTREY, Justice.

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...

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