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  • Knowledgebase-Billing for Emergency Services When There Is No Contract
    between the city and the county and no contract between the city and the person receiving the emergency services Original Author Hemsley Sid Co Author Product Create Date 03 12 2009 Last Reviewed on 03 30 2009 Subject Emergency services Emergency services Intergovernmental agreements Emergency management Type Legal Opinion Legal Opinion Reference Documents Text of Document Please remember that these legal opinions were written based on the facts of a

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/5ec88ab7dc3fa53f852575890047575c?OpenDocument (2015-11-11)
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  • Knowledgebase-Biofuels Toolbox
    Toolbox Summary A presentation on biofuels ethanol and hybrids Original Author Nevad Warren Co Author Product Create Date 03 27 2008 Last Reviewed on 01 21 2010 Subject Biofuels Type

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/f483db5170546bd3852574210064bb29?OpenDocument (2015-11-11)
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  • Knowledgebase-Blending or Infusing Beer with Other Non-Alcoholic Beverages
    MTAS was asked if the state regulates the blending or infusing of beer with other non alcoholic beverages Original Author Broughton Jeff Co Author Jones Josh Product Create Date 06 05 2014 Last Reviewed on 06 10 2014 Subject Beer

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/969e3ab57a696fd985257cf3004844ba?OpenDocument (2015-11-11)
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  • Knowledgebase-Bluff City Comparison/Proposed Range System
    Title Bluff City Comparison Proposed Range System Summary Example of a new pay plan for a small city Original Author Hardy Pat Co Author Product Create Date 01 05 2004 Last Reviewed on 09 22 2011 Subject Personnel Compensation Type

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/43cd4b1f5dbf74af85256e12004efeec?OpenDocument (2015-11-11)
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  • Knowledgebase-Board Appointments or Dismissal Confirmations for Certain Staff Positions
    two attorneys a staff attorney hired by the city manager and a city attorney hired by the board It should also be noted that the situation under which a city manager violates a policy or statute in their city is extremely rare A huge variety of ethics related considerations undergird the city management profession and these serve to inform and hold accountable most managers more on this below Recommendations and Observations The following are key observations and recommendations 1 I have found that in a number of cities the city attorney is designated as Ethics Officer Most if not all significant complaints regarding the city manager are likely to fall into an ethics category This being the case employees are protected from retaliation by the city manager were they to bring accusations forward If alterations to the city s ethics policy are needed in order to reinforce this policy then those could be made The city management profession is extremely interested in maintaining the highest level of ethics among its members The City should only hire a City Manager who is a member of either the State or International City Management associations and thus who is bound by the ethics policies of these associations Any person has the right to make an accusation against a member of these associations and an independent inquiry will then be ordered The results will be shared with the city and can result in expulsion of the member from the association s 2 I have not seen the City s Personnel Policies and Procedures but many such polices contain grievance procedures which provide mechanisms for extending a working conditions grievance against a supervisor including the City Manager This policy could be extended to provide for complaints against the City Manager and identify the City Attorney

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/c2b1d1faafbf189285257c45006700c0?OpenDocument (2015-11-11)
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  • Knowledgebase-Board Member Responsibilities and Job Description
    and federal constitution and the so called common law or rulings of the courts Your city attorney should advise you of your responsibilities as a board member under the constitutions and common law That is one of the main reasons for having a city attorney Your charter provides for a legislative judicial and executive level of local government similar to that of our state and federal systems of government Although one of the main responsibilities of a legislator is to perform an oversight responsibility your responsibility is clearly a legislative responsibility In my opinion your legislative responsibility also includes the oversight of the executive branch of local government and operation of the city The city charter outlines specific and implied powers that for the most part are discretionary That is you are authorized to exercise the powers but not compelled Once you exercise a power under the charter I think you are responsible for implementing its provisions and requirements The charter and or state law specifically require you as a member of the board Adopt and approve an annual budget and publish the budget This is one of the main responsibilities of a legislator Operate within the approved budget Publish approved or proposed ordinances when required Enforce ordinances rules or regulations by fine forfeiture and penalties Call elections Fill vacancies on the board Appoint a vice mayor Provide for a city recorder and treasurer Designate a depository for municipal funds Provide for a city attorney Provide for public safety Provide for an effective administration by appointing the mayor a city administrator or some other person to perform the duties of the city administrator as outlined in the charter I think your legislative oversight responsibility includes evaluation of the performance of the chief executive whoever is selected for the position Approve

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/92970f52e23cc0c48525740a004385fb?OpenDocument (2015-11-11)
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  • Knowledgebase-Board of Mayor and Aldermen Has the Power to Correct the Minutes
    recorder is responsible to the collective board for that part and most other parts of her job Under 1 201 of the Municipal Code the board of mayor and aldermen has delegated to the mayor the power of general supervision of the affairs of the municipality I have in the past done considerable research on what constitutes the power of general supervision That power is limited to general oversight of the operations of the city but within the limitations prescribed by law and by the policies of the governing body of government in question The power of general supervision includes the power to bring problems to the attention of the governing body of the government in question and to make recommendations with respect to those problems but it does It does not include the power to instruct officers and employees where their duties are prescribed by law or the power to override the governing body s polices or decisions even if those policies or decisions are unwise Great Northern Ry Co v Snohomish County 93 P 924 Wash 1908 State ex rel Miller v Board of Education of U Sch D No 398 511 P 2d 705 Kan 1973 Kayfield Construction Corp v Morris 225 N Y 2d 507 S C App Div First Dept 1962 State v McCombs 262 P 579 Kan 1928 Mayor Council of City of Athens v Wansley 78 S E 2d 478 Ga 1953 Alsop v Pierce 19 So 2d 799 Fla 1944 Whether or not the recorder s minutes are approved as she takes them is entirely up to the board If the board voted to instruct the recorder to remove certain language from the minutes the recorder should follow the direction of the board To the point that the minutes are approved the minutes are the recorder s minutes at the point they are approved they are the board s minutes Both 41 and 43 of RRONR mention the practice of sending the minutes to members of the governing body before the meeting at which they are approved Section 41 notes the pros and cons of doing that but also indicates the status of the minutes before they are approved The practice of sending to all members advance copies of the minutes as drafted by the secretary has both advantages and disadvantages It is natural for the members to prefer to study the minutes beforehand to be better prepared to offer corrections and this procedure generally saves time when the minutes come up for approval On the other hand the minutes do not become the Emphasis contained in the text minutes of the proceedings of the society until they have been approved and before this happens the secretary s draft may be materially modified in the correction process Members may miss some of the corrections or neglect to mark them on their copies or may not get them right unless the chair repeats them very carefully with the result that many inaccurate copies

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/28e9189c2b44ab9285256c17006bdb55?OpenDocument (2015-11-11)
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  • Knowledgebase-Board of Mayor and Aldermen Serving as the Beer Board
    words are authorized to in this section mean the same as may Thus cities and towns may pass ordinances governing issuance of beer permits or they may prohibit the sale of beer altogether Grubb v Mayor of Morristown 203 S W 2d 593 Tenn 1947 Cities and towns that allow the sale of beer may also provide for a beer board other than the governing body of the city or town Authority delegated by the General Assembly to cities and towns must be exercised by the governing body of the city or town unless the power may be delegated to another person or body This section specifically authorizes the delegation to a board of persons but does not require this delegation There is also nothing in this section indicating that the board of persons could not be the governing body itself Acting under this authority many cities and towns in Tennessee have designated the governing body of the city or town as the beer board Don Darden can give you a listing of many that have The designation of the governing body as the beer board has not been ruled illegal by any appellate court in Tennessee nor to my knowledge by any trial court Moreover the state statutes confirm that the governing body may be the beer board T C A 57 5 108 a 1 provides in pertinent part Any permits or licenses issued under this chapter by the governmental body of any incorporated city or by any committee or board created by such governmental body may be revoked or suspended by such governmental body committee or board Therefore the city has the option of letting the Board of Mayor and Aldermen serve as the beer board or of providing for a committee or separate board to do

    Original URL path: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/cae6677dbd7f74a5852573ae005a41d4/c930aebc4c3bc18d85256e93004193bd?OpenDocument (2015-11-11)
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