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  • Knowledgebase-Allocation of the First One-Half of the Local Option Sales Tax by the County to the City
    a 1 shall have the power and authority by resolution of the governing body thereof to pledge such proceeds to the punctual payment of principal of and interest on bonds notes or other evidence of indebtedness issued for the purpose for which such proceeds are permitted to be spent pursuant to such subdivisions a 1 Emphasis mine This informal attorney general opinion relied on the Supreme Court decision of City of Harriman v Roane County 553 S W 2d 904 Tenn 1977 wherein the court found Under T C A 67 3052 1 now 67 6 712 the county is directed to expend one half of its sales tax proceeds for school purposes and under T C A 49 605 now 49 3 315 these are to be divided with the city school system on an average daily attendance basis Id at 908 The Attorney General added This office has previously opined that under the statutes and City of Harriman the one half of the local option sales tax designated for school purposes may be spent to retire school debt but must first be apportioned between the county and the city pursuant to T C A 49 3 315 a Op Tenn Atty Gen 81 271 August 27 1981 This is also the implication of T C A 67 6 712 a 3 Thus County may apply its portion of the local sales tax proceeds under T C A 67 6 712 a 1 to the county s debt service fund to retire school debt However the county must first apportion the local sales tax proceeds received between the city and the county Acting on the advice of CTAS and contrary to the recommendation by County Audit the County unilaterally continues to appropriate the city s share of the first one half of the sales tax directly to the School Debt Service Fund Coincidentally the Attorney General was asked for a formal opinion by Representative L Don Ridgeway on this very same subject which was given on January 24 1992 The Attorney General was asked whether the county commission could appropriate to county debt service all of the first half of the local option sales tax without obtaining approval of such appropriation from the Special School District The Attorney General gave the same answer in the formal opinion as they had on March 15 1991 The Attorney General argued because property taxes levied for education are apportioned and because the statute requires that the local option sales tax be distributed in the same manner as the county property tax for school purposes then the local option sales tax must be apportioned between the county and city special schools CTAS s premise is based on the notion that there is no specific requirement that sales tax revenue be placed in the general purpose school fund Thus like the property tax when it is levied specifically to retire school bonded indebtedness these monies may go directly to the debt service fund and

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/3f6192f68bfb43c185256c38005a529c?OpenDocument (2015-11-11)
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  • Knowledgebase-Allowing Non-Resident Property Owners to Vote by Absentee Ballot
    Vote by Absentee Ballot Summary MTAS was asked whether there are Tennessee cities that prevent property rights voters from voting on election day Original Author Broughton Jeff Co Author Product Create Date 02 06 2014 Last Reviewed on 02 10

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/50a6df7216ff38ea85257c7b005842ad?OpenDocument (2015-11-11)
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  • Knowledgebase-Alteration of Election Dates
    unequivocally that the terms of mayor and commissioners shall be four 4 years Tennessee Code Annotated 6 20 102 c 2 C states all terms of office for members of the board of commissioners shall be four 4 years The section of the charter addressing terms of commissioners directly 6 20 101 states that the terms of all commissioners shall be for four 4 years or until their successors are elected and qualified A similar provision is contained in the Tennessee Constitution Article VII Sec 5 Every officer shall hold his office until his successor is elected or appointed and qualified That constitutional provision applies to every public office in the state and has been expressly adopted by the legislature for application to municipalities operating under a city manager commission charter However it is a holdover provision designed to avoid vacancies in office which is only applied to lengthen the term of office as opposed to shortening the term When the language employed in Tennessee Code Annotated 6 20 101 is read in conjunction with the entire chapter addressing general law cities the statute indicates that the term of commissioners can be extended but not shortened to effect a change in election dates The many reported Court opinions on the issue reveal that this is the interpretation adopted by the judiciary The Supreme Court states It is a general rule of law well recognized in our State that the holder of a public office duly elected qualified and inducted for a fixed term acquires certain property rights of which he may not be arbitrarily deprived LaFever v Ware 365 S W 2d 44 Tenn 1963 citing Rhea County v White 43 S W 2d 375 Tenn 1931 As all of the case law on this issue deals with incumbents whose

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/1b56736c93680a0585256b3a00573920?OpenDocument (2015-11-11)
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  • Knowledgebase-Alteration of Mayor's Duties
    Hemsley As you know your City is a strong mayor form of government such form being codified as the Mayor Aldermanic Charter in Tennessee Code Annotated 6 1 101 et seq Under this charter a town is allowed by ordinance to alter the duties of the Mayor which in some cases will thereby change the form of government But the charter is specific in that such alterations are to be done by ordinance not by the adoption of supplemental documents such as a Personnel Policies and Procedures Supplemental documents play an important role but they are not meant to alter the fundamental duties of the Mayor TCA Section 6 3 106 b states Unless otherwise designated by the board by ordinance the mayor shall perform the following duties or may designate a department head or department heads to perform any of the following duties 2 A Employ promote discipline suspend and discharge all employees and department heads in accordance with personnel policies and procedures if any adopted by the board It is clear from this section that the charter intends for alterations in the Mayor s duties to be undertaken by ordinance and that supplemental personnel policies guide the manner in which personnel actions are to take place The supplemental Personnel Policies and Procedures are meant to describe the conditions of employment and processes of personnel administration by which the Mayor Administrator or whomever is designated are to operate These normally include such items as the amount of vacation and sick leave employees receive or the process of grievance resolution etc They are not meant to designate the authority to Employ promote discipline suspend and discharge Many times you will find personnel policies that mention this authority but that is for informational purposes only In summary then it is my

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/3f169119f66b7373852570af004a77e8?OpenDocument (2015-11-11)
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  • Knowledgebase-Altering the Salary of the City Clerk/Coordinator
    The Charter does not prohibit the Board from diminishing or increasing such compensation duirng the Clerk s term In addition no statute of general application addresses the compensation of the City Clerk Coordinator On the other hand the Charter establishes a four year term for this appointment and allows successive terms by the same person unless the Board names another individual to serve At the same time the Board is empowered to alter the term of office of a successor City Clerk Coordinator in the event his her predecessor ceases to serve In sum the General Assembly has given the Board of Commissioners very broad authority with respect to responsibilities and compensation and under some conditions the term of office of the City Clerk Coordinator Section 9 states SECTION 9 BE IT FURTHER ENACTED That the Board of Commissioners of said Town is hereby authorized and empowered to elect a City Clerk Coordinator City Attorney and all other necessary officers for said Town whose terms of office and compensation shall be such as said Board may determine With regard to the City Clerk Coordinator the City Clerk Coordinator s term of office for the present City Clerk Coordinator who is holding office as of the date of the enactment of this section by the Board of Commissioners shall commence from and after the date of the passage of this Act until the second Tuesday in September 1993 and shall continue without further action of the Board of Commissioners for a like term each four years thereafter unless on the second Tuesday in September 1993 or for any four year term thereafter the Board of Commissioners shall elect another individual to serve as City Clerk Coordinator In the event the present City Clerk Coordinator serving on the date of the passage of this Act ceases to serve as City Clerk Coordinator then in such event any successor individual to the position of City Clerk Coordinator shall serve such term of office as the Board of Commissioners may specify from time to time in their discretion Emphasis added It is clear that although the word elect as used in the above paragraph it is not referring to a popularly elected officer whose compensation typically may not be adjusted either upward or downward during his her term of office The term is used instead as a synonym for appointed by the Board And while the Charter speaks of a four year term it expressly allows the Board to amend this time period presumably by ordinance for a successor City Clerk Coordinator Article XI Section 9 of the Tennessee Constitution provides that The General Assembly shall have no power to pass a special local or private act having the effect of removing the incumbent from any municipal or county office or abridging the term or altering the salary prior to the end of the term for which such public officer was selected Article XI Section 9 accomplished the following The legislature has no power

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/f4e956fd33c9d7eb85256c290046f819?OpenDocument (2015-11-11)
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  • Knowledgebase-Alternative Fuels: an MTAS Survey
    all that apply Crew Trucks 9 Fire Trucks 9 Medium Duty Trucks 9 Pickup 9 Police Cars 9 Off Road 7 Street Sweepers 7 Trash Loaders 7 Transit Buses 3 Heavy Duty Equipment 1 Tri axle dumps 1 Appendix 10 Based on your experience what would you say were the pros and cons of using alternative fuels How did the fuels perform in your opinion Open Text Responses Fuels are working fine Hybrids are working fine Germantown Bo Mills Director of Public Works We ve had good experiences using both Bio diesel and E 85 Biodiesel has encountered a temporary cost problem as demand has outstripped supply causing to much price differential it will likely recover and continue to be relative We re still testing a small amount of flex fuel vehicles on E 85 with good results so far Chattanooga Brian Kiesche Director Fleet Services Dept Biodiesel B20 has worked great for our fleet Only problem was availability at first No performance problems In the past the City used diesel powered detour lights All of these lights are now solar powered The diesel powered units were noisey required scheduled maintenance and required diesel fuel The Solar powered units require minimal maintenance and no fuel The City has one stand by generator that is fueled from an above ground propane tank No problems with performance Unsightly fuel tank Germantown Eddie Johnson Vehicle Maintenance Superint Fuel performed fine slightly more expensive before it became a regular part of the diesel supply Franklin Russ Truell CFO Appendix 11 If you did use alternative fuels and stopped why Open Text Responses used B20 cost was the main reason Appendix 12 In your opinion what is the most logical direction for your fleet as it relates to hybrid alternative fuels or other to reduce

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/b7587b2421bf32bb852575a0005066ee?OpenDocument (2015-11-11)
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  • Knowledgebase-Although Cities May Terminate Utility Service for Nonpayment, Such Authority Does Not Amount to a Lien Against the Property
    legal rate in an action ex contractu TCA 65 32 101 et seq and 7 35 201 allow utilities to cut off sewer service for nonpayment after providing procedural due process Although cities may terminate service for nonpayment such authority does not amount to a lien against the property In Oliver v Hale 513 P 2d 806 tenants charged with service arrearage of previous owners challenged the city s practice of viewing water and sewer service bills as an obligation of the property rather than as the personal obligation of the tenant or owner who incurred the charges The Oregon Court of Appeals followed the general rule that liability for the debt of another cannot be imposed in the absence of special agreement or statutory authorization for a lien on the property and ordinances or regulations seeking to impose such liability have usually been held unreasonable in the absence of an authorized lien 19 A L R 3d 1227 1232 Thus absent specific authorization a municipality may not file a lien for unpaid sewer charges See also McQuillen Municipal Corporations Section 35 35d 3rd Ed page 589 Even if Tennessee were to statutorily authorize such a collection and enforcement mechanism it would probably not withstand constitutional challenge An ordinance that authorized a water company to withhold services to tenants of property when the owners account was delinquent was determined to be unjust unreasonable and unauthorized by charter in Farmer v Mayor and City Council of Nashville 127 Tenn 509 156 S W 189 1912 In Craft the Fifth Circuit determined that a policy of refusing service to an applicant at an address where unpaid services were rendered to another fails to pass even the most minimal level of equal protection scrutiny the test of rational relationship between the classification scheme

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/0fcc85fc820ff52985256c5500517af8?OpenDocument (2015-11-11)
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  • Knowledgebase-Ambulance Bill for Injured Prisoner
    4 103 The county has the duty under statute to provide medical care to all prisoners T C A 41 4 115 If a prisoner needs emergency medical attention the jail must ensure that the prisoner receives such treatment State v Chapman 977 S W 2d 122 127 Tenn App 1997 The issue of whether or not a prisoner is in the custody of the county or has been booked into jail is not a determining factor required before this duty of the county is triggered State law provides that the county jail is to be used as a prison for the safekeeping or confinement of several classes of persons including all those committed thereto by authority of law T C A 41 4 103 a 7 The Supreme Court has concluded that a commitment as that term is used in this statute is not limited in its meaning to a formal commitment pursuant to a The issue of whether or not a prisoner is in the custody of the county or has been booked into jail is not a determining factor required before this duty of the county is triggered State law provides that the county jail is to be used as a prison for the safekeeping or confinement of several classes of persons including all those committed thereto by authority of law T C A 41 4 103 a 7 The Supreme Court has concluded that a commitment as that term is used in this statute is not limited in its meaning to a formal commitment pursuant to a mittimus or warrant instead that provision includes those committed for a temporary holding without a mittimus because those persons are committed by the legal authority possessed by law enforcement officers State v Mitchell 593 S W 2d 280 282

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/086a715ba744d220852572a700486e5b?OpenDocument (2015-11-11)
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