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  • Knowledgebase-Appointment of the Mayor to the Office of City Administrator
    ex rel v Thompson 246 S W 2d 59 Tenn 1952 Disapproving the appointment of a member of the Paris Tennessee city commission to the office of city manager There is no question but that under Thompson above the offices of mayor and city administrator are incompatible However the common law can be overturned by statute Jackson v Hensley 715 S W 2d 605 Tenn App 1986 Approving the appointment by the county commission of a county commissioner to the office of trustee under a statute that permitted county legislative bodies to appoint one of their own members to vacancies in office but prohibited the nominee from voting for himself Under Section 14 of your City Charter In the event of the sickness or absence of the Administrator Treasurer or Recorder the Mayor shall temporarily assume the duties of the Administrator Treasurer or Recorder For that reason Section 14 overturns the common law with respect to the extent of the mayor s obligation to temporarily assume the office of administrator under two limited circumstances sickness or absence of the city administrator It is unnecessary to consider the question of whether a city administrator whose office is vacant qualifies as sick within the meaning of Section 14 However the question of whether a city administrator whose office is vacant is absen t within the meaning of Section 14 is closer For that reason I researched that specific question and found only two cases in the United States but both are precisely on point Nolan v Representative Council of City of Newport 57 A 2d 730 1948 Rhode Island and Babbidge v City of Astoria 37 P 291 1894 Oregon Both those cases hold that a municipal charter provision that gives a certain officer the right to perform the mayor s functions

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/af45111995e518d085256b6e0053f13a?OpenDocument (2015-11-11)
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  • Knowledgebase-Appointments to the Water and Sewer Board
    under the authority of a state statute that agency must be governed under the terms of that statute In fact the Tennessee Supreme Court said as much in Mink v City of Memphis 435 S W 2d 114 1968 114 In that case the Court noted that general laws governing the establishment of housing authorities were laws which a municipality may or may not accept However once having accepted them they would supersede even a municipal charter provision in conflict with them In that case the city s housing authority was established under its charter and it was permitted to follow its charter regarding the dismissal of a housing authority commissioner However that case makes it clear that if the city s housing authority been established under a state statute it would have had to follow that statute in the dismissal of the housing authority commissioner Tennessee Code Annotated section 7 35 101 et seq requires a water and sewer board of five persons appointed by the governing body The ordinance upon which Section 13 1 101 is based is ordinance 73 8 which presumably means it was passed in 1973 I traced Tennessee Code Annotated section 7 35 101 et seq back to 1971 and it has not changed in the respects of appointment of members of the water and sewer board Ironically in all other respects the operation of the water and sewer system reflected under Title 13 Chapter 1 of the Municipal Code appears to follow the general statutory scheme prescribed by Tennessee Code Annotated section 13 1 101 et seq It would be interesting to look at old water and sewer bond covenants that antedate that ordinance It might be found that the water and sewer system was already established under Tennessee Code Annotated section 13

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/3e124d4cd29c2b2885256bfb006b9405?OpenDocument (2015-11-11)
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  • Knowledgebase-Apprentice Lineworker
    of the Line Supervisor Work is performed in training for maintenance and construction of electric lines and performing related work as required ESSENTIAL JOB FUNCTIONS Repairs and replaces electric lines between generating stations substations and consumers Climbs poles to remove broken or defected wires Secures new wires to cross arm insulators or splices wire to adjoining sections of the line to complete circuit Installs pole hardware and such auxiliary equipment as transformers lightening arresters switches fuses and insulators Services street light system Installs rental lighting equipment OTHER JOB FUNCTIONS Operates light and heavy equipment when necessary Performs other work as assigned REQUIRED KNOWLEDGE AND ABILITIES Knowledge of some materials and equipment used in maintaining and constructing electric lines Knowledge of occupational hazards and safety precautions Ability to use the necessary tools in the performance of required skills Ability to work for continued periods of time at a 100 or more feet above the ground Ability to understand and follow oral and written instructions Ability to perform heavy manual labor for extended periods under unfavorable climatic conditions Ability to establish and maintain an effective working relationship with other employees RECOMMENDED QUALIFICATIONS Any combination of training and experience equivalent to Successful completion

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/3b28b150be3509c785256c4000501a55?OpenDocument (2015-11-11)
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  • Knowledgebase-Appropriation Agreement and Resolution Providing Funding for a Non-Profit Charitable Organization
    MTAS provided an agreement based on T C A 6 54 111 that authorizes the city to appropriate funds for the financial aid of nonprofit charitable or civic organizations as well as a resolution providing funding for a non profit charitable organization Original Author Broughton Jeff Co Author Product Create Date 09 08 2014 Last Reviewed on 09 15 2014 Subject Finance Municipal Non profit organizations Type General Original Document

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/8fe895fc5232453085257d540055af15?OpenDocument (2015-11-11)
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  • Knowledgebase-Appropriation Agreement with the Bristol Chamber of Commerce for Program Support
    City desires to set forth guidelines specifying the purpose for which these funds may be used by the Bristol Chamber and the Bristol Chamber desires to agree to spend the funds for such purposes NOW THEREFORE for and in consideration of the mutual promises of the parties and the benefits to be derived therefrom the City and the Bristol Chamber agree as follows 1 The City shall pay to the Bristol Chamber the sum of 20 500 not later than August 1 2013 2 The funds shall be used by the Bristol Chamber solely to promote the general welfare of the residents of the City in accordance with the terms of this Agreement 3 The Bristol Chamber shall use the funds for the following programs 1 Keep Bristol Beautiful Program 15 000 including a Coordinating the cleanup of Beaver Creek and Little Creek b Hosting of a community wide cleanup Great American Cleanup c Conducting of a Household Hazardous Waste Collection event in partnership with Sullivan County and the State of Tennessee d Conducting of recycling activities including telephone directory recycling and preparation of a recycling brochure and e Conducting the Beautification Award Program 2 Bristol Business Resource Center 2 000 including a Serving as a one stop resource for entrepreneurs and business owners b Assistance in writing business plans c Marketing d Professional development training and e Budgeting and financing options 3 Bristol Youth Leadership 2 500 4 Bristol Christmas Parade 1 000 4 The Bristol Chamber will submit a written report by July 31 2014 outlining the accomplishments and services provided by the Bristol Chamber during the contract period 5 The funds shall be used by the Bristol Chamber without regard to race color religion national origin age sex or disability In expending these funds the Bristol Chamber will not discriminate against any employee or applicant for employment because of race color religion national origin age sex or disability The Bristol Chamber will seek to ensure that applicants are employed and that employees are treated during employment without regard to their race color religion national origin age sex or disability Such action shall include but not be limited to the following employment upgrading demotion or termination rate of pay and other forms of compensation and selection for training The Bristol Chamber will post in conspicuous places available to employees and applicants for employment notices summarizing the provisions of this equal opportunity clause 6 The City is authorized to audit or otherwise examine the books and records of Bristol Chamber to verify that the funds are being expended in accordance with the terms of this Agreement upon reasonable notice not less than five 5 business days between the hours of 9 00 a m and 5 00 p m Monday through Friday at 20 Volunteer Parkway Bristol TN An annual audit shall be provided upon its acceptance by the Bristol Chamber 7 Either party may terminate this Agreement at any time with or without cause upon at least 30

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/d806425ffd67147485257c70005eadfa?OpenDocument (2015-11-11)
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  • Knowledgebase-Aquatic Centers: an MTAS Survey
    year for the aquatic center Oak Ridge Janice McGinnis Finance Director 865 425 3402 fax865 425 3424 jmcginnis cortn org Yes 1 indoor 1 outdoor General 68 263 Outdoor 57 405 Indoor 163 603 indoor 212 257 outdoor Murfreesboro Jenny Brinkman Aquatics Director 615 893 7439 fax615 904 6533 drainier murfreesborotn gov Yes Line item general fund 36 000 58 000 Operation Maintenance 6m Parks Clarksville Wilbur Berry Finance Director

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/03b5c0fce3b4015d8525707d003cc2f4?OpenDocument (2015-11-11)
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  • Knowledgebase-Arborist
    supervisor and determines work priorities and assigns work to subordinates 3 Receives and responds to a variety of complaints concerning status of City trees provides procedural and policy information regarding tree trimming and removal Schedules emergency action based on complaints provides advice on proper care of trees and possible remedies for disease or pest problems prepares tree damage and claim reports 4 Prepares maintains updates and reviews street tree master plan prepares written and oral reports regarding tree plan or tree removal to City commissions and committees 5 Manages annual budget for Forestry Section prepares specifications for and monitors contractual tree maintenance operations completes necessary requisitions and reports to maintain the operations of the Forestry Section 6 Keeps accurate records of Park Commission actions and maintains the computerized TreeKeeper program of all maintenance activity and tree inventory changes QUALIFICATIONS Knowledge of Local tree and plant species arboricultural practices in streets and parks Insects and diseases that infect tree and plants in Santa Barbara region and the actions necessary to correct problems Tree maintenance methods and equipment Safety practices related to tree maintenance Principles of supervision and people management skills Contracting principles for arboricultural services and all other aspects of a modern Urban Forestry Management Program Computer software applications to manage the urban forest Ability to Communicate effectively and concisely both orally and in writing Establish and maintain effective working relationships with City staff contractors citizen groups and the public Direct supervise train and evaluate staff Detect insect and plant diseases and prescribe corrective action to eradicate problem Prepare and monitor section budget Operate a PC system and utilize computer applications Maintain physical condition appropriate to the performance of assigned duties and responsibilities which may include the following Walking standing or sitting for extended periods of time Operating assigned equipment Maintain

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/7501442a2207cceb85256c0f0048b81f?OpenDocument (2015-11-11)
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  • Knowledgebase-Asking an Employee to Cover Up Tattoos and Piercings
    you make any hiring or job related decisions on the basis of these items except to the extent that it would affect the essential functions of the job which would be very unlikely However it is reasonable that you ask an employee to cover up a tattoo or piercing during working hours which would be an appropriate solution while the employee is at work Employers should not attempt to regulate this outside working hours As an employer you should be sure to cover this in your city s dress code It is recommended that the dress policy include year round appropriate attire and be specific about what is and is not appropriate for men and women Be specific but don t have rules that are overly constrictive and unreasonable Balance the need to have a professional work environment and the climate of your location Once you have a dress code in place it would behoove you to send the policy out at least once a year particularly before the summer months kick in if that is a problematic time for you Other items to include in your dress code perfume scents odor hygiene well groomed appearance dirty stained ripped or soiled clothing The dress code can mention neat appearance and professionalism with respect to hairstyles clothing tattoos and accessories A few helpful tips Don t be overly harsh on women Allow the dress code to apply to men or women similarly and be consistent Offer work dress examples that will guide employees It is reasonable to tell a female that a skirt is too short However apply that policy city wide Deal with infractions to the policy one at a time Caution Some employers have found themselves in a court room defending their policy and practice against claims of religious

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/a84d760a2e468a1485257cac00574501?OpenDocument (2015-11-11)
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