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  • Knowledgebase-Acquiring Insurance for the City
    he solicited bids by letter sometimes by telephone and sometimes in person and that in most cases he asked the bidder to write him a letter that he put in a bid file W hy advertise in local newspapers for a bid for something if there is no place around here that sells that Why do you want to keep a newspaper up Most of the time Mr Wright telephones places where he feels that the needs of the Lincoln County Highway Department can be filled If they can t he asks them to mail him a letter to that effect otherwise he invites their bids Many times the bookkeeper Mr Frank Locker will invite bids in person by visiting various businesses establishments or by telephone There is no particular form for bids Mr Wright knows of no such law which requires written invitation for bids Under cross examination the question was put to Mr Wright Mr Wright to the best of your judgment and to the best of your belief have you taken bids according to what you conceive to be the law Have you done it according to the law as you understand it Answer yes sir At 812 Similar testimony goes on and on in that case What constitutes a bid in Mr Wright s view or so he said was a price list or the quoted price I am certainly not trying to equate the function of insurance brokers finding insurance for clients with Mr Wright s method of obtaining quotes but it appears to me that the insurance broker s function is some distance from competitive bidding It is said in the unreported case of Ebbtide Corporation v Traveler s Insurance Company 2002 WL 856578 Tenn Ct App that An insurance broker is one who acts as a middleman between the assured and the insurer and who solicits insurance from the public under no employment from any special company but having secured an order he either places the insurance with a company selected by the assured or in the absence of any selection by him then with a company selected by such broker A broker is the agent for the insured according to all authorities on the subject though at the same time for some purpose he may be the agent for the insurer and his acts and representations within the scope of his authority as such agent are binding on the insured Every broker is within a sense an agent but every agent is not a broker The chief feature which distinguishes a broker from other classes of agents is that he is an intermediary or middleman and in accepting applications for insurance acts in a certain sense as the agent of both parties to the transaction Another distinction is that the idea of exclusiveness enters into an employment of agency while in respect to a broker there is a holding out of oneself generally for employment in securing insurance Citation omitted by me At 6 Presumably it would be desirable for the city to have help determining what kind of insurance the city should buy and other issues related to it including which bid is the lowest and best bid I know of no reason why the city could not hire a financial advisor or insurance broker as an independent contractor to provide those services at an amount that comes under the maximum amount allowed by the Municipal Purchasing Law without competitive bidding but I cannot fathom how an insurance broker could perform a middleman function in a competitive bidding system contemplated by the Municipal Purchasing Law An argument can be made that the purchase and provision of insurance by a municipality for its officers and employees under Tennessee Code Annotated 8 27 601 is not required to be competitively bid However on reflection that argument is not a strong one The purchase by a municipality of insurance from the Risk Management Pool is expressly exempt from competitive bidding under Tennessee Code Annotated 29 20 407 The main point for mentioning that exemption is this There was concern on the part of the General Assembly that without that exemption the purchase of governmental tort liability insurance would be subject to the Municipal Purchasing Law and other laws that govern the purchase by counties of such insurance The insurance purchasing scheme contemplated in Tennessee Code Annotated 27 6 601et seq does not expressly exempt municipal insurance purchases from the competitive bidding requirements of the Municipal Purchasing Law or any competitive bidding requirements contained in a private acts but Tennessee Code Annotated 27 6 601 et seq appears to reflect a complete statutory scheme for municipal purchases of insurance including the appointment by the governing body of the municipality of an insurance committee consisting of aldermen or other governmental body of the municipal corporation The function of that committee is to prepare and present for approval a contract or contracts with one or more insurance companies or other corporations The approval of particular contract or contracts is made by the governing body of the city Nowhere in that statutory scheme is competitive bidding required on the part of the committee or of the governing body although presumably the governing body of the city could appoint the entire governing body of the city as the committee and agree to use competitive bidding to make the insurance purchase However I have gone back and looked at the entire statutory scheme in Tennessee Code Annotated Title 8 Chapter 27 for the purpose of determining whether any chapter envisions competitive bidding of insurance I have determined that the answer is no except that the state insurance committee is required to make such purchases on a competitive basis Tennessee Code Annotated Title 8 Chapter 27 Part 1 provides for a state insurance committee and Part 2 provides for the purchase of insurance for state officials and employees It also creates a local government insurance committee that has authority to purchase

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/403e22d8f0d1bcff8525789b00449d7a?OpenDocument (2015-11-11)
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  • Knowledgebase-Actuarial Services Resource List
    http www acuff net Casualty Actuarial Consultants Inc 7101 Executive Center Drive Brentwood TN 37027 615 371 5339 Website http www caci1 com David L Shaub F S A Consulting Actuary Principal Bryan Pendleton Swats McAllister LLC 5301 Virginia Way Suite 400 Brentwood TN 37027 Phone 615 665 5309 Fax 615 665 1650 Email David Shaub bpsm com Thornthwaite Co 105 Westpark Drive Suite 180 Brentwood TN 37027 615 377 1973 By The Numbers Actuarial Accounting 9055 Land Grant Place Brentwood TN 37027 615 369 0753 Chattanooga CPH Pension Administrators 2201 Dayton Boulevard Chattanooga TN 37415 423 870 1800 Website http www cphpension com Leigh J Halliwell FCAS 406 Gibson Pond Road Chattanooga TN 37421 423 296 2739 leigh lhalliwell com www lhalliwell com Cordova Actuarial Services Group Inc 856 Willow Tree Circle Cordova TN 38018 901 756 9925 Website http www actuary4hire com Knoxville Acuff Associates Inc 9111 Crossing Park Drive Knoxville TN 37923 865 470 4232 Website http www acuff net U Si Consulting Group 900 South Gay Street Knoxville TN 37902 865 523 8353 Website http www usi biz Memphis Mercer Human Resource Consulting 1000 Ridgeway Loop Road Memphis TN 38120 901 684 3100 Acuff Dunger Inc

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/42eaa7ff12a4af27852572c900408040?OpenDocument (2015-11-11)
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  • Knowledgebase-Addition of Documents to the Minutes of the Commission
    in meetings of municipal councils but is not generally included in the minutes themselves It is said in 62 C J S Municipal Corporations Sec 409 that Changes or additions ordinarily may not be made in the minutes or records of the governing body without its authority either expressly or by implication Article V Sec 6 of your City Charter says that the said board shall exercise its power in session duly assembled and no member or group of members thereof shall exercise or attempt to exercise the powers conferred upon the board except through proceedings adopted at some regular or special session Emphasis is mine In addition Article IX Sec 3 of the charter also provides that It shall be the duty of the recorder to be present at all meetings of the Board of Commissioners and to keep a full and accurate record of all business transacted by the same to be preserved in permanent book form Emphasis is mine A similar provision appears in the Municipal Code section 1 402 It is also said in 62 C J S Municipal Corporations Sec 409 that Since a municipal corporation can speak only through its records it should keep a correct record of its proceedings and in order for it to transact the business of the municipal corporation the action taken by it should be promptly entered in the minutes and records of its operation Emphasis is mine The same authority further says It is the right and duty of the governing body of a municipal corporation to approve and verify its minutes of proceedings to the end that there may be a true record of the corporate actions and proceedings The record of the proceedings of a municipal council or governing body does not have to be written at the session of the council Such bodies are authorized and required to see that their minutes and recorded proceedings show and continue to speak the truth Emphasis is mine Finally 3 McQuillen Municipal Corporations Sec 14 02 says The essential thing is that the record is an accurate account of what transpired i e that the record is the clerk s records which shows the truth Emphasis is mine 3 A L R 1308 declares that the right of amendment by a board of aldermen of its minutes or by the clerk of a municipal corporation is very broad None of the cases in that treatise suggest that the same right is enjoyed by individual members of municipal councils But in all those cases the function of amendments or corrections is to insure that the minutes speak the truth It is clearly the function of municipal minutes that they reflect the truth of what transpired at municipal council meetings particularly with respect to who proposed what and the vote on the proposal For that reason even if the board of commissioners approved the addition of extraneous materials to its minutes the same board has the right and may even

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/df5fba64ad528d3485256bff005beab9?OpenDocument (2015-11-11)
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  • Knowledgebase-Addition to the Model Charter for Interference with the Duties of the City Manager
    citizen any individual would have the right to do under the same or similar circumstances At 607 although this is an Open Records Law issue the court s language has some strong First Amendment implications in favor of the commissioner The office of commissioner becomes vacant upon his or her conviction by a court of a violation of this statute Presumably the conviction would necessarily come under Tennessee s Ouster Law Tennessee code Annotated 8 47 101 et seq For the reason indicated above I doubt that it would be easy to convict a commissioner under that law for merely making a request of the city manager under that statute It was argued in State v Howse 183 S W 510 1916 that the recall provision of the Nashville City Charter was the exclusive means by which to remove public officers the Tennessee Supreme court disagreed declaring that the Tennessee Ouster Statute and the city charter s recall provision were cumulative remedies The same is apparently true of the ouster provisions in the State Ouster Law and the ouster provisions in a city charter The Tennessee Supreme Court said this in Donald v Brooks 387 S W 2d 803 1965 The petition filed by the citizens before the city council is an ouster suit against the mayor the same as if it had been filed under the General Ouster States of Tennessee as contained in Section 8 2701 et seq T C A now 8 47 101 et seq and the sufficiency of the evidence must be tested by the same rules as those as a court of law In State Ex Rel v Parkinson 159 Tenn 442 19 S W 2d 254 Mr Justice Cook said Proceedings under the Ouster Law should not be brought except in clear cases of official dereliction The statute was intended to remove public officials for willful misconduct and for acts involving moral turpitude At 806 In that case the court upheld an injunction by the trial court stopping the ouster of a public officer the court had determined was being removed for political reasons Also see Roberts v Brown 310nS W 2d 197 Tenn Ct App 1957 I have two reasons for mentioning the Ouster law and ouster provisions in a city charter First ouster is not an easy process and will be used by the courts only in clear cases of dereliction of duty It has also been said most recently in Carney v Crosby 255 S W 3d 593 Tenn Ct App 2008 that the plaintiff in an ouster suit shoulders a heightened burden of proof At 597 Second the standards for the recall of public officials are lower than the standards for removal under the Ouster Law I have attached an earlier letter I did on the recall process and that standards that apply to it generally across the United States as well as Tennessee The only place I can find that recall as a sanction for the interference with

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/024a8e5a47b19a8a85257a09004b22f4?OpenDocument (2015-11-11)
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  • Knowledgebase-Addressing Dilapidated Structures and Saving Historic Buildings
    Create Date 05 14 2014 Last Reviewed on 05 21 2014 Subject Historical preservation Municipal ordinances Code enforcement Building demolition Type Ordinance Original Document Centerville Letter slum clearance and demolition by neglect pdf Reference Documents Kingsport Design Guideline Main Street District pdf Ordinance slum clearance Forest Hills docx Ordinance Administrative hearing officer AHO Knoxville docx Demolition by Neglect Knoxville pdf DEMOLITION BY NEGLECT Kingsport pdf Text of Document Please remember

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/347aea651bb597c585257cdf00669815?OpenDocument (2015-11-11)
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  • Knowledgebase-Addressing Tall Weeds and Grass
    MTAS provided several documents to assist the city in enhancing its code enforcement program for tall weeds and grass Original Author Broughton Jeff Co Author Ashburn Melissa Product Create Date 08 21 2014 Last Reviewed on 09 15 2014 Subject Code enforcement Dirty lots Type General Original Document Lawrenceburg letter high weeds and grass transmittal pdf Reference Documents 6 54 113 Mowing Lien statute pdf Lawrenceburg Ordinance for Removal of

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/6f786a5787d93da585257d5400469bf6?OpenDocument (2015-11-11)
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  • Knowledgebase-Administrative Assistant to the City Manager
    Manager Summary Job description for the position of Administrative Assistant to the City Manager Original Author Hardy Pat Co Author Product Create Date 12 06 2002 Last Reviewed on 03 11 2010 Subject Personnel Classification City manager City manager government

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/7f77c72e875c1f1a85256ca70056174a?OpenDocument (2015-11-11)
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  • Knowledgebase-Administrative Assistant (1)
    and memos etc for the superintendent department heads and the utilities board Coordinates notification of board meetings and meeting set up Reads difficult source documents and computer screen computes invoices for accounts payable and cash receipts for accounts receivable areas Enters accounting related data into the computer uses 10 keys calculator by touch Type purchase orders material bid letters order office supplies Sorts and files as necessary Processes payroll including writing checks from time sheets processing cost of living adjustments and other payroll changes Set up calculate maintain process and check payroll deductions for health dental life and disability insurance coverage for employees Establish and maintain personnel files phone lists workers compensation reports and retirement forms Calculate solid waste flow meter readings and water treatment well index readings OTHER JOB FUNCTIONS May be required to refine existing work methods and develop new techniques concepts or programs within established limits or policies May require lifting light objects less than 25 pounds REQUIRED KNOWLEDGE AND ABILITIES Ability to type 65 words per minute and use standard office equipment fax calculator xerox copier postage machine Ability to work under stress and for a variety of employees Ability to work with a variety of

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/5bdf494d462ef0a385256c1a00674d14?OpenDocument (2015-11-11)
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