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  • Knowledgebase-Appointed Positions Within City Government
    City Government A Telephone Survey Conducted by the MTAS Library Summary Cities were asked to identify appointed positions and whether appointed employees have written contracts Original Author Cox Leah Co Author Product Create Date 04 01 2001 Last Reviewed on

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/ef15376ea1a2a0a285256ace0065c17e?OpenDocument (2015-11-11)
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  • Knowledgebase-Appointing a City Administrator
    charter See Weil Roth and Co v Mahr and Aldermen of Newbern 126 Tenn 223 148 S W 680 1912 Reeder v Trotter 142 Tenn 37 215 S W 400 1919 and Anderson v Town of Gainesboro 17 TAM 12 27 1992 In Reeder and Anderson the Court said of a mayor in Tennessee He is not a member of either branch of the city councils unless expressly made such by law and when this is the case it is to the extent of such powers as are specially committed to him and no further that he is a part of the city council He is not one of its own members in the sense in which an alderman is With particular respect to a mayor s legislative powers the same courts said In the absence of a statute necessarily implying that he has the same standing n the council as any other member and particularly when his powers are expressly stated to be to preside at meetings and to give a casting vote in case of a tie he is only a member of the council sub moto and to the extent of the powers specially committed to him Thus while the mayor is the chief executive officer of the city and has some legislative powers his power in both those respects is limited to those powers expressly and in neither case do those powers stand in the way of the board of mayor and aldermen appointing a city administrator Generally a municipality s administrative powers are delegable In other words the board could delegate to a city administrator its power to administer personnel and its other administrative duties under the charter It is said in Rhyne Charles S The Law of Local Government Operations pa 68 that The

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/06c79267f11264e585256bfe006793f1?OpenDocument (2015-11-11)
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  • Knowledgebase-Appointing a New Mayor
    Procedure Elections Terms of office Type General Original Document Reference Documents Text of Document You have asked a question about the office of Mayor Specifically you want to know who will be Mayor if the current Mayor resigns his seat If that occurs the Council must appoint a new Mayor from among themselves The position of Mayor Pro Tem does not automatically assume the office of Mayor Your Charter only

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/843fd28a6194e03c8525789a004c4153?OpenDocument (2015-11-11)
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  • Knowledgebase-Appointing Members to Boards and Commissions
    Housing Authority TCA 13 20 408 Members are appointed by the mayor 2 Municipal Planning Commission TCA 13 4 101 All the members of the planning commission except the member appointed by the board are appointed by the mayor and serve at the pleasure of the mayor 3 Board of Zoning Appeals TCA 13 7 205 The board may specify the mode of appointment of members The board may designate the planning commission as the board of appeals 4 Historic Zoning Commission TCA 13 7 403 Appointed by the mayor subject to confirmation by the board 5 Tree Board Title 2 chapter 4 Section 2 401 of the Municipal Code The appointment is by the mayor with approval of the board 6 Industrial Development Board TCA 7 53 301 Members are elected by the board of mayor and aldermen 7 E 911 Emergency Communications District TCA 7 86 105 If the district was created by the county legislative body the appointment is by the county mayor with approval by the county legislative body If created by the city board the appointment is by the mayor with approval of the city board 8 Vacancies of the Board of Mayor and Aldermen

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/b3e0eb53e630d6b5852577c0004725e1?OpenDocument (2015-11-11)
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  • Knowledgebase-Appointing the Director of the Regional Planning Commission
    and the City have operated under a set of bylaws entitled City County Regional Planning Commission which though unsigned and not showing up as having been adopted in the regional planning commission s record declares that The City County Regional Planning sic hereinafter referred to as the Commission was created by Resolution of the Tennessee State Planning Commission up the request of the City and the County Tennessee on January 10 1963 under Section 12 3 101 Tennessee Code Annotated Those by laws have been amended at least twice since then 9 26 95 and 10 29 08 which also indicates that the parties were operating under der them In addition Section 11 101 of the Municipal Code provides that Pursuant to section 13 3 301 Tennessee Code Annotated the City County Regional Planning Commission created pursuant to section 13 3 101 Tennessee code Annotated is hereby designated as the city s planning commission The historical citation to that section indicates that it derived from 63 Code 2 20 modified Those records are all consistent with the proposition that both the County and the City did make an agreement for the creation of a regional planning commission under Tennessee code Annotated 13 3 301 that a regional planning commission was created by the State Planning Office and that both those governments have operated under that agreement since the early early 1960s You indicated in an e mail to MTAS Management Consultant that I have been made aware of a Supreme Court ruling on a case that may be somewhat similar to our situation I have attached he case to this e mail for our review There was no case attached to the e mail but I have located a Tennessee Court of appeals case that does appear to bear on your situation and which lends support to my opinion Hutcherson v Criner 11 S W 3d 126 Tenn Ct App 1999 Ct App 1999 There a plaintiff much aggrieved over the refusal of the county to allow him to establish a landfill in the county challenged the validity of the county s entire zoning ordinance and alleged that the makeup of the regional planning commission was illegal although the specific illegality was not specified The Court rejected both his challenges reasoning that while the procedural requirements pertaining to zoning ordinances and amendments are generally mandatory After long public acquiescence in the substance of an ordinance public policy does not permit such an attack on the validity of an ordinance because of procedural irregularities Citing Trainor v City of wheat Ridge 697 P 2d 37 39 Colo App 1984 In Trainor the zoning ordinance under attack had been in effect for over ten years before the plaintiffs filed their complaint Thus the court held that given the extensive public reliance on the ordinance such was immunized form a belated attack on various procedural grounds by Mfr Hutcherson The 1984 Zoning Resolution has been in effect for over ten ears and has

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/c56b52942024645085257a0d005ef962?OpenDocument (2015-11-11)
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  • Knowledgebase-Appointive City Offices
    a city officer from holding other offices Original Author Hemsley Sid Co Author Product Create Date 07 07 2008 Last Reviewed on 03 15 2010 Subject Personnel Laws and regulations Boards Laws and regulations Type Legal Opinion Legal Opinion Reference Documents Text of Document Please remember that these legal opinions were written based on the facts of a given city at a certain time The laws referenced in any opinion

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/0349a2db2834621285257486005f44fc?OpenDocument (2015-11-11)
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  • Knowledgebase-Appointment of City Judge
    not a resident of the County that the City is in You also mentioned that the candidate for the judicial position has a parent on the City s council I recommend against making the appointment for two reasons 1 The City s code specifically requires that the City Judge be a resident of County See Section 3 101 2 2 Canon 2 of the Rules of the Tennessee Supreme Court requires that a judge shall avoid impropriety and the appearance of impropriety in all of the judge s activities It further states A A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary B A judge shall not allow family social political or other relationships to influence the judge s judicial conduct or judgment A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge A judge shall not testify voluntarily as a character witness While I am

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/05da65fdd1c2f30185256b98004fa070?OpenDocument (2015-11-11)
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  • Knowledgebase-Appointment of Temporary Judge
    before his or her election be at least thirty 30 years of age and licensed to practice law in the State of Tennessee Nothing in the city charter prescribes how a temporary judge is appointed The judicial interchange statute contained in Tennessee Code Annotated title 17 chapter 2 does not apply to municipal judges The Tennessee General Assembly has authority to pass general laws that govern corporation municipal courts See Doyle v Metro Government of Nashville and Davidson County 471 S W 2d 371 Tenn 1971 Those general laws would supercede any conflicting provision of a municipal charter Tennessee Code Annotated 16 18 101 et seq authorizes municipalities to provide by ordinance for popularly elected city judges which can be in addition to or an alternative to the popularly elected city judge provided for by the city s charter But that entire statutory scheme applies to popularly elected city judges whether they are elected under the city s charter or under an ordinance adopted by the city and whether the city judge exercises both concurrent jurisdiction and ordinance violation jurisdiction or only ordinance violation jurisdiction With respect to temporary appointments Tennessee Code Annotated 16 18 204 provides that In the temporary absence or inability of the city judge the governing body shall appoint a qualified person to serve until the judge s return Analysis of Question 2 Under Tennessee Code Annotated 16 18 104 the city s governing body must appoint a qualified person to serve until the return of the city judge The only thing the phrase qualified person could mean in that context is a person who has the same qualifications as the popularly elected city judge Tennessee Code Annotated 16 18 202 provides that Any city judge elected by popular vote must meet the requirements established in

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/dffd1a7ceb73b73e8525723f0048ee51?OpenDocument (2015-11-11)
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