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Original Author:
Stokes, Richard
2005/2006 MTAS Salary and Fringe Benefit Survey
(Created: 04/27/2006; Reviewed: April 27, 2006)

The MTAS annual salary and fringe benefit survey for 2005/2006 shows salary increases for city employees rose significantly over 2004/2005 data. This report contains a summary of the findings as well as a means to request specific information. (To request a report from the salary survey, please contact MTAS at the address at the bottom of this page.)
Original Author:
Wolf, Dennis
Assistant Fire Chief and Training Officer Job Sample
(Created: 06/04/2018; Reviewed: May 15, 2020)

Sample job description for Assistant fire chief and training officer, prepared by Dennis Wolf.
Original Author:
O'Hara, Stephanie Allen
MTAS/CTAS ADA Compliance Officer Training 2018
(Created: 06/05/2018; Reviewed: May 18, 2020)

Materials from an MTAS/CTAS statewide class designed for those city and county staff with ADA compliance responsibilities. Information resources includes the extensive class handout as well as the class slide presentation.
Original Author:
Chlarson, John
Recommended Guidance to the Tennessee Department of Environment and Conservation's Minimum Monitoring Requirements for NPDES MS4 Program Effectiveness and Compliance
(Created: 03/14/2008; Reviewed: September 30, 2020)

This publication provides guidance to TDEC's minimum monitoring requirements for NPDES MS4 program effectiveness and compliance.
Original Author:
Hodge, Elisha
Resolution Authorizing Governing Bodies to Appropriate Revenues from Natural Gas Utility System to Chamber of Commerce or Economic and Community Organization
(Created: 06/15/2018; Reviewed: May 14, 2020)

This is a resolution that can be used by municipal governing bodies with natural gas utility systems or a board that has control over a municipal natural gas utility system to appropriate money to a chamber of commerce or economic and community organization for the purpose of economic development. The legislation does not allow money to be appropriated for these purposes in Knoxville, Memphis, Chattanooga, and Metro Nashville.
Original Author:
Sample Agreement for Building Code Inspection Services Between Johnson City, TN and Elizabethton, TN
(Created: 08/24/2020; Reviewed: August 24, 2020)

A sample agreement for the building inspector from Elizabethton, TN to enforce the NEC 2011 for Johnson City, TN on a temporary basis. Agreement includes terms for the hourly wage and mileage payments.
Original Author:
Wolf, Dennis
Sample Dress Code (Fire Department Standard Operating Procedure)
(Created: 07/07/2017; Reviewed: May 18, 2020)

A template dress code policy for use in a municipal fire department standard operating procedure.
Original Author:
Wolf, Dennis
Sample Fire Department Firearms On-Duty Policy
(Created: 11/28/2017; Reviewed: May 14, 2020)

This is a sample policy to serve as a template for a specific policy based on local needs. In October of 1996, the Department of Safety began issuing handgun carry permits pursuant to T.C.A. § 39-17-1351. While Tennessee allows persons with a valid handgun carry permit to carry handguns in places where they are not otherwise prohibited by law, an employer has the right to set policy for the workplace. There is debate on this issue, but the consensus of most municipal governments is to prohibit guns in the workplace except for commissioned law enforcement officers and similar employees with a need to go armed in the performance of their duties.
Original Author:
Ogle-Graham, Laura
Tennessee Municipal Benchmarking Project FY2017 (Annual Report)
(Created: 05/01/2018; Reviewed: May 1, 2018)

In this FY2017 annual report of the Tennessee Municipal Benchmarking Project (TMBP), there are a total of eleven services measured and analyzed: building code enforcement, employment benefits, finance, fire, human resources, information technology, parks and recreation, planning and zoning, police, property maintenance code enforcement, and refuse collection, disposal, and recycling. This PDF is the latest version available and includes any updated and corrected information.
Original Author:
Hardy, Pat
Time limit for dumpster on residential property
(Created: 10/05/2017; Reviewed: May 18, 2020)

An ordinance of the Town of Bulls Gap, Tennessee adding a new section to Title 13 of the Bulls Gap Municipal Code limiting the time a dumpster can be kept on residential property.

Legal Opinion (657)

Original Author:
Hemsley, Sid
Acceptance of Gifts
Legal Opinion (Created: 02/27/2007; Reviewed: May 13, 2020)

MTAS was asked how cities accept and refuse gifts.
Original Author:
Shechter, Leslie
Accepting Property to be Used as a Park Exclusively for Senior Citizens
Legal Opinion (Created: 03/04/1993; Reviewed: December 19, 2016)

MTAS was asked whether the City can accept a grant of property to be used as a park with the condition that it be exclusively a park for senior citizens.
Original Author:
Hemsley, Sid
Accepting Streets in a Subdivision
Legal Opinion (Created: 02/22/2010; Reviewed: May 13, 2020)

MTAS was asked whether a city could use special assessments to pay for streets in a subdivision in a city where the builder of the subdivision defaulted on his street bond and the city had not accepted the streets.
Original Author:
Hemsley, Sid
Accepting the Second Lowest Bid on a Construction Project
Legal Opinion (Created: 07/12/2006; Reviewed: May 13, 2020)

MTAS was asked whether the city can reject the low bid and accept the second lowest bid on a certain construction project.
Original Author:
Hemsley, Sid
Acquiring a Utility District
Legal Opinion (Created: 10/22/2001; Reviewed: May 13, 2020)

MTAS was asked how a municipality can acquire a utility district.
Original Author:
Hemsley, Sid
Acquiring Insurance for the City
Legal Opinion (Created: 05/03/2011; Reviewed: May 13, 2020)

MTAS was asked whether the city is required to competitively bid the purchase of insurance for its employees and officers and whether the city can hire the services of a financial advisor or insurance broker to acquire the insurance.
Original Author:
Hemsley, Sid
Addition of Documents to the Minutes of the Commission
Legal Opinion (Created: 03/13/1996; Reviewed: March 22, 2010)

MTAS was asked whether a commissioner, without the approval of the city commission, can add printed or written material to the minutes of the commission.
Original Author:
Hemsley, Sid
Administrative Powers of the Mayor
Legal Opinion (Created: 11/13/2009; Reviewed: May 13, 2020)

MTAS was asked whether the mayor can temporarily move personnel from the parks and recreation department to the public works department without the prior approval of the board of mayor and aldermen.
Original Author:
Bingham, Pamela
Adopting an Annexation Ordinance to Repeal a Previous One
Legal Opinion (Created: 10/14/1997; Reviewed: May 13, 2020)

MTAS was asked whether a city may adopt an ordinance repealing its previous annexation ordinance.
Original Author:
Huffer, Dennis
Adult Use Ordinance
Legal Opinion (Created: 03/05/2002; Reviewed: May 13, 2020)

Review of an adult use ordinance.
Original Author:
Hemsley, Sid
Advertising on Police Cars
Legal Opinion (Created: 11/12/2002; Reviewed: May 13, 2020)

MTAS was asked whether the city can sell advertising on city police cars.
Original Author:
Hemsley, Sid
Advisory Committees and the Open Meetings Law
Legal Opinion (Created: 07/21/2009; Reviewed: May 13, 2020)

MTAS was asked whether persons or committees appointed by the city manager to advise him fall under the Open Meetings Law.
Original Author:
Hemsley, Sid
Age Limit on Mobile Homes
Legal Opinion (Created: 08/18/2009; Reviewed: May 13, 2020)

MTAS was asked whether it is legal to restrict the mobile homes that come into the city to a certain age.
Original Author:
O'Hara, Stephanie Allen
Alcoholic Beverage Sales on Election Days
Legal Opinion (Created: 06/01/2018; Reviewed: May 14, 2020)

A Tennessee city requested information on whether or not it is legal to sell alcoholic beverages on election day. The author responded to the question letting the city know that neither the General Assembly nor the ABC have restricted sales on election days.
Original Author:
Hemsley, Sid
Alcoholic Beverages Sold Near Residential Property
Legal Opinion (Created: 07/06/2001; Reviewed: May 13, 2020)

MTAS was asked if an unoccupied house qualifies as residential property related to the sale of beer within 300 feet of the building.
Original Author:
Leydorf, Donna
Alderman May Not Hold Position With City and County at Same Time
Legal Opinion (Created: 12/08/2000; Reviewed: September 30, 2020)

An alderman currently serving on the Board of Mayor and Aldermen (for which he receives a salary) may not hold a paid position with the County at the same time.
Original Author:
Hemsley, Sid
Alderman Operating a Municipal Vehicle as a Police Car and Stopping Citizens
Legal Opinion (Created: 08/19/1991; Reviewed: March 15, 2010)

MTAS was asked whether an alderman is authorized to make traffic and other stops in a vehicle equipped with flashing blue lights.
Original Author:
Hemsley, Sid
Alderman Salaries : Mandatory vs. Optional
Legal Opinion (Created: 03/27/2000; Reviewed: May 13, 2020)

MTAS was asked whether the salaries of aldermen are mandatory or optional.
Original Author:
Huffer, Dennis
Alderman Vacancy
Legal Opinion (Created: 01/08/2002; Reviewed: May 13, 2020)

Is a vacancy created on the Board of Mayor and Aldermen when an alderman moves outside the city?
Original Author:
Hemsley, Sid
Alderman Voting for Himself as Mayor
Legal Opinion (Created: 04/05/2001; Reviewed: May 13, 2020)

MTAS was asked whether an alderman who the board of mayor and aldermen intends to appoint the mayor, can vote for himself for that position.
Original Author:
Hemsley, Sid
Aldermen Decline to Accept Salary and Then Demand Payment of Salary
Legal Opinion (Created: 11/15/2010; Reviewed: May 13, 2020)

MTAS was asked whether the aldermen of the city can decline to accept the salary prescribed for them by the municipal code and then subsequently demand the payment of that salary.
Original Author:
Bingham, Pamela
All Consumers of Publicly-Provided Utilities Must Pay for What They Receive at the Same Rate Charged to Others for a Like Service
Legal Opinion (Created: 01/13/1999; Reviewed: September 24, 2018)

MTAS was asked whether the utility is precluded from collecting back charges, even though the failure to collect is due to the utility's inadvertence.
Original Author:
Shechter, Leslie
Allocation of the First One-Half of the Local Option Sales Tax by the County to the City
Legal Opinion (Created: 12/17/1992; Reviewed: December 20, 2016)

MTAS was asked whether the first half of the sales tax must be apportioned among the school system and whether the county could allocate these funds to school debt retirement.
Original Author:
Ashburn, Melissa
Alteration of Election Dates
Legal Opinion (Created: 12/13/2001; Reviewed: May 13, 2020)

May the election cycle be changed, so that City and County elections are held on the same days?
Original Author:
Ashburn, Melissa
Ambulance Bill for Injured Prisoner
Legal Opinion (Created: 03/21/2007; Reviewed: May 13, 2020)

City asks who must pay ambulance bill for prisoner who was injured when getting out of city's patrol car when being transported to county jail for booking.
Original Author:
Hemsley, Sid
Analysis of the Lien Provisions of TCA
Legal Opinion (Created: 03/01/2007; Reviewed: December 19, 2016)

MTAS was asked whether the city or county can refuse to accept tax payments or payments on delinquent property taxes, if liens it has against the property are not paid at the same time.
Original Author:
O'Hara, Stephanie Allen
Annexation and Amending an Urban Growth Boundary
Legal Opinion (Created: 12/10/2015; Reviewed: May 13, 2020)

MTAS was asked several questions about annexation and amending a UGB.
Original Author:
Hemsley, Sid
Annexation Questions Pertaining to Notice Provisions Related to School Systems and Recording Minutes
Legal Opinion (Created: 11/06/2006; Reviewed: May 14, 2020)

TCA requires 30 days notice to the county school system in advance of the public hearing on the plan of services; the Open Meetings Law requires a record of the persons present.
Original Author:
Huffer, Dennis
Anonymous Complaints of Code Violations
Legal Opinion (Created: 08/27/2003; Reviewed: October 3, 2017)

A better policy than simply not investigating anonymous complaints would be to respond to them on a case by case basis depending on the indicia of reliability in the complaint.
Original Author:
Leydorf, Donna
Appeals of Building Code Violations
Legal Opinion (Created: 11/22/2000; Reviewed: December 19, 2016)

MTAS was asked whether a person appealing a fine for a building code violation needs to pay the fine during the pendency of the appeal.
Original Author:
Hemsley, Sid
Applicant for Beer Permit at Site in Proximity to Church
Legal Opinion (Created: 04/03/1996; Reviewed: May 19, 2020)

MTAS was asked this question: Where a church located itself within 300 feet of an establishment selling beer and that establishment subsequently went out of business, is an applicant for a beer permit at the same establishment entitled to the permit.
Original Author:
Huffer, Dennis
Application of Jackson Law to Private Landfill
Legal Opinion (Created: 02/02/2007; Reviewed: March 20, 2017)

MTAS was asked whether the Jackson Law applies to a landfill developed by private companies and used for the disposal only of solid waste generated by the companies.
Original Author:
Huffer, Dennis
Application of Municipal Budget Law of 1982
Legal Opinion (Created: 06/24/2002; Reviewed: May 26, 2020)

MTAS was asked whether the Municipal Budget Law of 1982 applies to a city.
Original Author:
Huffer, Dennis
Application of Nepotism Policy to Employee Whose Brother is Elected to Council
Legal Opinion (Created: 12/05/2003; Reviewed: May 26, 2020)

MTAS was asked whether a Town's nepotism policy applies to an employee whose brother is elected to the City Council.
Original Author:
Huffer, Dennis
Application of Sunshine Law to Certain Personnel Processes
Legal Opinion (Created: 02/06/2002; Reviewed: May 26, 2020)

MTAS was asked if certain procedures in the process of hiring a police chief are subject to the state's Open Meetings Law or Sunshine Law.
Original Author:
Hemsley, Sid
Applying City Zoning and Building Code Regulations to County Buildings
Legal Opinion (Created: 06/24/1994; Reviewed: December 19, 2016)

MTAS was asked whether the City can apply its zoning and building code regulations, including that requirement that the county obtain a building permit and pay building permit fees, to county buildings.
Original Author:
Hodge, Elisha
Appointed Board Members Voting for Mayor and Vice-Mayor Where These Positions are Elected Among the Board Members
Legal Opinion (Created: 09/05/2018; Reviewed: May 14, 2020)

MTAS addresses a request for information concerning whether or not appointed aldermen can vote to elect the mayor and vice mayor when these positions are elected from among the board members.
Original Author:
Hemsley, Sid
Appointive City Offices
Legal Opinion (Created: 07/07/2008; Reviewed: January 3, 2017)

MTAS was asked to analyze the question of what city and county positions were offices for the purposes of a charter provision prohibiting a city officer from holding other offices.
Original Author:
Leydorf, Donna
Appointment of City Judge
Legal Opinion (Created: 12/05/2000; Reviewed: May 26, 2020)

MTAS was asked whether it would be proper for a City to appoint a new City Judge who is not a resident of the County in which the City is located.
Original Author:
Hemsley, Sid
Appointment of the Mayor to the Office of City Administrator
Legal Opinion (Created: 07/30/2001; Reviewed: May 26, 2020)

MTAS was asked whether the mayor can assume, or be appointed to, the office of city administrator.
Original Author:
Huffer, Dennis
At Large Elections of School Boards
Legal Opinion (Created: 11/28/2001; Reviewed: May 26, 2020)

MTAS was asked whether school board members may be elected at large under a private act amendment to the city's charter.
Original Author:
Hemsley, Sid
At Will Employees
Legal Opinion (Created: 08/20/2009; Reviewed: May 26, 2020)

MTAS was asked whether city employees were at will employees or had a property right in their employment under the city's personnel policy.
Original Author:
Hemsley, Sid
Attempting to Block the School System from Building Ball Fields on the Theory That They Would Be a Nuisance
Legal Opinion (Created: 12/09/2011; Reviewed: May 26, 2020)

MTAS was asked whether the County School Board is subject to the city's zoning ordinance with respect to the baseball/softball field it wishes to build on school property.
Original Author:
Jones, Josh
Attorney General Opines Local Regulation of Ephedrine and Pseudoephedrine Unlawful
Legal Opinion (Created: 12/18/2013; Reviewed: May 26, 2020)

Amid a surge of interest in recently-passed local government legislation to require a prescription for the purchase of ephedrine and pseudoephedrine products, the Tennessee Attorney General has opined that such local regulation is in violation of Tennessee law.
Original Author:
Ashburn, Melissa
Authority of Aldermen
Legal Opinion (Created: 09/09/2011; Reviewed: May 26, 2020)

MTAS was asked whether aldermen have a legal authority to manage town departments and employees in those departments.
Original Author:
Hemsley, Sid
Authority of an E-911 Board Regarding Towing
Legal Opinion (Created: 04/11/2000; Reviewed: May 26, 2020)

Does the E-911 board have the authority to establish the rules and regulations under which wreckers will be dispatched within the city?
Original Author:
Hemsley, Sid
Authority of City to Levy Whatever Tax Rate It Considers Necessary to Fund Municipal Purposes
Legal Opinion (Created: 01/12/1999; Reviewed: October 26, 2016)

MTAS was asked whether the city can levy a property tax above $1.75 when the city's charter limits the levy to that amount.
Original Author:
Hemsley, Sid
Authority of City to Prohibit Ticket Sales Along City Streets Leading to Speedway
Legal Opinion (Created: 01/14/1998; Reviewed: April 21, 2020)

MTAS was asked whether the city can prohibit the 'scalping' of tickets on city streets.
Original Author:
Hemsley, Sid
Authority of City to Prohibit Volunteer Firement From Running Red Lights and Using Sirens
Legal Opinion (Created: 07/31/1995; Reviewed: November 7, 2016)

MTAS was asked whether the city has the authority to prohibit volunteer firemen from using sirens on their automobiles and from running red lights and violating other traffic laws during the course of responding to fire calls.
Original Author:
Huffer, Dennis
Authority of County Relative to Rural Self-Contained Wastewater Systems
Legal Opinion (Created: 01/13/2006; Reviewed: May 26, 2020)

MTAS was asked what authority a County has relative to self-contained wastewater systems located in the county but outside the City and other incorporated municipalities.
Original Author:
Huffer, Dennis
Authority of Interim City Manager
Legal Opinion (Created: 02/05/2002; Reviewed: May 26, 2020)

MTAS was asked if an interim city manager has the authority to appoint a police chief.
Original Author:
Pullen, Mark
Authority of Mayor in Relation to the Industrial Development Board
Legal Opinion (Created: 04/20/1992; Reviewed: August 20, 2018)

MTAS was asked whether the Mayor has any authority conferred upon him by the City Code in relation to the Industrial Development Board.
Original Author:
Hemsley, Sid
Authority of the City Court to Impose Fines
Legal Opinion (Created: 03/27/2012; Reviewed: May 26, 2020)

MTAS was asked to analyze several questions related to the authority of the municipal court to impose fines.
Original Author:
Bingham, Pamela
Authority to Issue Arrest and Search Warrants
Legal Opinion (Created: 10/26/1999; Reviewed: June 26, 2017)

MTAS was asked who may legally issue a search or arrest warrant.
Original Author:
Ashburn, Melissa
Authority to Suspend Driver License
Legal Opinion (Created: 11/07/2003; Reviewed: May 26, 2020)

MTAS was asked whether a municipal court, without concurrent general sessions jurisdiction, has the authority to confiscate or suspend a person's driver license.
Original Author:
Moore, Todd
Authorization of a Sealed Bid for the Purchase of Property to be Done at Public Meetings
Legal Opinion (Created: 04/18/1995; Reviewed: July 15, 2017)

MTAS was asked whether the authorization of a sealed bid for the purchase of property would have to be done by ordinance of the board of mayor and aldermen at public meetings.
Original Author:
Leydorf, Donna
Band Uniforms
Legal Opinion (Created: 10/26/2000; Reviewed: May 27, 2020)

MTAS was asked if it would be proper for a city to make an appropriation to the local public high school for the purchase of band uniforms.
Original Author:
Ashburn, Melissa
Beer Board Authority to Suspend or Revoke Beer Permit
Legal Opinion (Created: 03/23/2006; Reviewed: May 27, 2020)

MTAS was asked whether the beer board has the authority to suspend or revoke a beer permit when an officer's actions are in question.
Original Author:
Ashburn, Melissa
Beer Board Questions
Legal Opinion (Created: 08/23/2002; Reviewed: May 27, 2020)

MTAS responded to questions posed by beer board concerning decision to be made after permit holder charged with offense.
Original Author:
Leydorf, Donna
Beer License and Proximity to Day Care Center
Legal Opinion (Created: 02/23/2001; Reviewed: May 27, 2020)

MTAS was asked if a beer license would be granted to an establishment that is in close proximity to a day care center.
Original Author:
Ashburn, Melissa
Beer Permits for Contiguous Serving Areas and Use of One Permit for Two Businesses
Legal Opinion (Created: 05/04/2011; Reviewed: May 27, 2020)

MTAS was asked about beer permits for contiguous serving areas and the use of one permit for two businesses located in the same building.
Original Author:
Hemsley, Sid
Beer Permits, Workers Compensation, and Street Damage Caused by Trucks
Legal Opinion (Created: 03/07/1994; Reviewed: April 21, 2020)

MTAS was asked a distance regulation question for a beer permit, whether it is the city's responsibility to insure that a contractor has workers' compensation prior to issuing a building permit, and whether cities can recover damages to streets from truck owners and operators.
Original Author:
Hemsley, Sid
Beer Regulations
Legal Opinion (Created: 02/01/2002; Reviewed: May 27, 2020)

An analysis of the law governing the age of persons authorized to sell beer or loiter in establishments that sell beer.
Original Author:
Huffer, Dennis
Bidding Requirements
Legal Opinion (Created: 03/12/2002; Reviewed: May 27, 2020)

MTAS was asked to review a law on bid acceptance.
Original Author:
Hemsley, Sid
Board of Mayor and Aldermen Has the Power to Correct the Minutes
Legal Opinion (Created: 07/23/2002; Reviewed: May 27, 2020)

MTAS was asked whether it is within the authority of the board of mayor and aldermen to delete from the recorder's minutes certain language before the board adopts the minutes.
Original Author:
Huffer, Dennis
Board of Mayor and Aldermen Serving as the Beer Board
Legal Opinion (Created: 05/12/2004; Reviewed: May 19, 2020)

MTAS was asked whether the board of mayor and aldermen may also serve as the beer board.
Original Author:
Hemsley, Sid
Board of Zoning Appeals Grants Variances for Mobile Homes That It Does Not Have Authority to Grant
Legal Opinion (Created: 05/29/1995; Reviewed: August 20, 2018)

MTAS was asked what recourse the city has when the board of zoning appeals grants variances for mobile homes that it does not have authority to grant.
Original Author:
Hemsley, Sid
Bond Resolution Repeal
Legal Opinion (Created: 10/24/2001; Reviewed: May 27, 2020)

Right of the city to repeal bond resolution following the filing of petition for an election on the bonds but before the election is held.
Original Author:
Hemsley, Sid
Booking Persons Charged with Crimes Before They Are Released
Legal Opinion (Created: 02/26/2007; Reviewed: May 27, 2020)

MTAS was asked whether police could always book persons charged with crimes before they are released.
Original Author:
Hodge, Elisha
Breaking a Tie in the Election of an Alderman
Legal Opinion (Created: 11/20/2014; Reviewed: May 27, 2020)

MTAS was asked how a tie vote in the election of an alderman is broken.
Original Author:
Hemsley, Sid
Brown-Bagging Regulations
Legal Opinion (Created: 04/15/2002; Reviewed: May 19, 2020)

MTAS was asked where the city has no brown bagging regulations can a restaurant that does not hold a beer license allow brown bagging.
Original Author:
Hemsley, Sid
Building Permit Issued by Mistake
Legal Opinion (Created: 03/19/2001; Reviewed: May 27, 2020)

MTAS was asked if a building permit, issued because of a mistake in a zoning map, may be revoked.
Original Author:
Hemsley, Sid
Burying Bodies in the Backyard
Legal Opinion (Created: 09/25/2009; Reviewed: May 27, 2020)

MTAS was asked whether a person who has died and wanted to be buried in his backyard (in the city) can actually be buried there.
Original Author:
Hemsley, Sid
Calculating Call Waiting Bonuses and Premiums for Overtime Compensation Purposes
Legal Opinion (Created: 04/10/1996; Reviewed: May 4, 2017)

MTAS was asked how call waiting bonuses and premiums are calculated for overtime compensation purposes under the FLSA.
Original Author:
Hemsley, Sid
Can a Municipality Require Double Wides in Residential Areas to Have a Foundation?
Legal Opinion (Created: 10/20/1993; Reviewed: March 6, 2017)

MTAS was asked whether a municipality can require double wides in residential areas to have a foundation.
Original Author:
Hemsley, Sid
Can Cities Surrender Their Zoning Powers by Interlocal Agreement?
Legal Opinion (Created: 09/18/2006; Reviewed: May 27, 2020)

MTAS was asked whether cities can surrender their zoning powers by interlocal agreement under Public Chapter 1101.
Original Author:
Hemsley, Sid
Can the City Attorney Also Serve as the City Judge?
Legal Opinion (Created: 05/06/1993; Reviewed: June 21, 2017)

MTAS was asked whether the city attorney can also serve as the city judge.
Original Author:
Hemsley, Sid
Can the City Either Prohibit or Regulate Blasting by a Certain Rock Quarry?
Legal Opinion (Created: 09/03/1993; Reviewed: April 21, 2017)

MTAS was asked whether the City can either prohibit or regulate blasting by a certain rock quarry for the purpose of preventing damage to houses within the vicinity of the quarry.
Original Author:
Hemsley, Sid
Can the City Enact Term Limits on Aldermen by Ordinance?
Legal Opinion (Created: 09/13/1994; Reviewed: March 22, 2010)

MTAS was asked whether the City can enact term limits on aldermen by ordinance.
Original Author:
Pullen, Mark
Can the City Make Appropriations to Nonprofit Organizations?
Legal Opinion (Created: 03/08/1994; Reviewed: October 28, 2009)

MTAS was asked whether the city can make appropriations to nonprofit organizations and, if so, what is the proper procedure.
Original Author:
Hemsley, Sid
Can the County Sheriff Increase the Cost of Housing Prisoners Arrested by the City?
Legal Opinion (Created: 04/01/1996; Reviewed: June 30, 2017)

MTAS was asked whether the county sheriff can, on his own initiative, increase the cost of housing prisoners arrested by the city for the violation of state law or municipal ordinances.
Original Author:
Ashburn, Melissa
Candidate Running for Two Municipal Offices
Legal Opinion (Created: 06/02/2010; Reviewed: May 27, 2020)

MTAS was asked whether a single individual can be a candidate for two municipal offices on the same ballot.
Original Author:
Ashburn, Melissa
Candidates for School Board Seats Must Be Residents of the District They Represent
Legal Opinion (Created: 11/12/2012; Reviewed: May 27, 2020)

Members of county and city school boards of education must be residents of and elected from the districts they represent.
Original Author:
Bingham, Pamela
Certain Employee Records Subject to the Open Records Act
Legal Opinion (Created: 04/26/2000; Reviewed: October 3, 2017)

MTAS was asked whether an employee's medical information contained in a first injury report was confidential and therefore not subject to disclosure.
Original Author:
Ashburn, Melissa
Certifying Election Results before Swearing In Newly Elected Officials
Legal Opinion (Created: 11/09/2012; Reviewed: May 27, 2020)

MTAS was asked when elected officials may be sworn in after a recent election.
Original Author:
Hemsley, Sid
Chancery Court Judge
Legal Opinion (Created: 05/20/2002; Reviewed: May 27, 2020)

MTAS was asked whether the city attorney can hold the position of chancery court judge.
Original Author:
Hemsley, Sid
Changing an Employee's Employment Status
Legal Opinion (Created: 05/22/2009; Reviewed: May 27, 2020)

MTAS analyzed several questions related to legal implications associated with changing a certain employee's employment status.
Original Author:
Hemsley, Sid
Changing the Agenda of a Special Meeting During the Meeting
Legal Opinion (Created: 11/09/2006; Reviewed: May 27, 2020)

MTAS was asked whether the city council can change the agenda of a special meeting during the meeting.
Original Author:
Shechter, Leslie
Changing the Mayor's Salary
Legal Opinion (Created: 09/23/1991; Reviewed: May 19, 2020)

MTAS was asked whether a municipality may set the mayor's salary by amending the current budget (approved on July 1), and making the amendment retroactive to July 1.
Original Author:
Hodge, Elisha
Charges for Copies of Accident Reports and Incident Reports
Legal Opinion (Created: 03/23/2012; Reviewed: May 28, 2020)

This opinion from Tennessee Open Records Counsel addresses the amounts that a local government law enforcement agency is permitted to charge for a copy of accident reports and incident reports.
Original Author:
Hemsley, Sid
Charging Non-Users a Garbage Collection Fee and Requiring Garbage Collection Recipients to Use Only the City Garbage Collection Service
Legal Opinion (Created: 09/16/1993; Reviewed: March 20, 2017)

MTAS was asked whether the city can charge garbage collection service recipients a garbage collection fee even if they do not use the service and whether the city can require garbage collection recipients to use only city garbage collection service.
Original Author:
Hemsley, Sid
Charging the Inside Tax Rate with Respect to Property in One City in the County and the Outside Rate with Respect to Property in Another City in the County
Legal Opinion (Created: 01/07/1992; Reviewed: October 24, 2016)

MTAS was asked whether the county can charge the inside tax rate with respect to property in one city in the county, and the outside rate with respect to property in another city in the county.
Original Author:
Hemsley, Sid
Charter Provision Requires Mayor to Sign Warrants But Is Silent as to Checks
Legal Opinion (Created: 01/11/2000; Reviewed: September 24, 2018)

MTAS was asked whether a 'warrant' is the same as a check for the purposes of a charter provision requiring the mayor to sign warrants, but is silent as to checks.
Original Author:
Ashburn, Melissa
Charter Questions
Legal Opinion (Created: 05/07/2003; Reviewed: May 19, 2020)

MTAS was asked questions concerning limiting the power of the mayor to vote on the board, requiring city officers to resign prior to running for another office, and forbidding family members from holding office at the same time.
Original Author:
Hemsley, Sid
Chief of Police Insists He Is Entitled to a Leave of Absence to Run for Office
Legal Opinion (Created: 01/13/1998; Reviewed: August 18, 2017)

MTAS was asked whether the city is legally required to give the chief of police a leave of absence to run for office of sheriff of the county.
Original Author:
Moore, Todd
Cities May Confer Employee Status for Purposes of the Tennessee Governmental Tort Liability Act to Another City Pursuant to a Valid Interlocal Agreement
Legal Opinion (Created: 02/01/1996; Reviewed: January 12, 2017)

MTAS was asked questions regarding a sample Interlocal/Mutual Aid Agreement.
Original Author:
Hemsley, Sid
City as a Landlord Pending the Termination of Leases
Legal Opinion (Created: 01/23/1996; Reviewed: April 21, 2017)

MTAS was asked whether the city can be a landlord pending the termination of leases on certain land it is considering buying in the vicinity of the glide path for the airport.
Original Author:
Hemsley, Sid
City Assumes Operation of the Presently Quasi-Independent Utility Board
Legal Opinion (Created: 05/26/2010; Reviewed: May 28, 2020)

MTAS was asked several questions related to how a city assumes operation of the presently quasi-independent utility board.
Original Author:
Ashburn, Melissa
City Authority over Housing Authority Board
Legal Opinion (Created: 02/03/2011; Reviewed: May 28, 2020)

MTAS was asked questions about city authority over housing authority board, termination of housing authority board members, and any power city may have to enact policy changes in housing authority.
Original Author:
Ashburn, Melissa
City Authority to Name State Highway
Legal Opinion (Created: 03/24/2003; Reviewed: May 28, 2020)

MTAS was asked whether a city has the power to name a portion of a state highway located in the municipality, when a bill is introduced in the state legislature designating a name for the highway.
Original Author:
Hemsley, Sid
City Charter Signatures
Legal Opinion (Created: 09/25/2001; Reviewed: May 28, 2020)

MTAS was asked if signatures on a charter are directory or mandatory.
Original Author:
Hemsley, Sid
City Commissioner or City Recorder Serving as Volunteer Firefighter
Legal Opinion (Created: 06/15/2006; Reviewed: May 28, 2020)

MTAS was asked whether a member of the city's governing body could be a volunteer firefighter.
Original Author:
Hemsley, Sid
City Constructs Its Own Building and Uses Volunteer Labor
Legal Opinion (Created: 09/06/1995; Reviewed: February 13, 2017)

MTAS was asked what the legal implications are of the city building a fire hall, partly with volunteer labor, and partly through subcontracting out particular jobs.
Original Author:
Hemsley, Sid
City Contract with Unlicensed Contractor
Legal Opinion (Created: 08/01/2001; Reviewed: May 28, 2020)

MTAS was asked where a city has let a bid on a certain construction project (resurfacing a tennis court), the project is in progress, the contractor notifies the city that his contractor's license has been suspended and offers to reduce the cost of the project to less than $25,000, can the city legally accept his offer.
Original Author:
Ashburn, Melissa
City Council Serving as School Board
Legal Opinion (Created: 03/05/2008; Reviewed: May 28, 2020)

MTAS was asked about the city council acting as the school board and their noncompliance with Title 49.
Original Author:
Hemsley, Sid
City Court Clerk
Legal Opinion (Created: 02/15/2001; Reviewed: May 28, 2020)

MTAS was asked whether the city has the right to make the city court clerk's position an appointive one.
Original Author:
Ashburn, Melissa
City Court Judgments Are Not Stayed During Appeal
Legal Opinion (Created: 01/06/2009; Reviewed: May 28, 2020)

MTAS was asked whether the judgment of a city court is suspended pending appeal.
Original Author:
Ashburn, Melissa
City Donation to a Charitable Organization
Legal Opinion (Created: 04/09/2003; Reviewed: May 28, 2020)

MTAS was asked whether a city may make an appropriation to a charitable or civic organization that is religious in nature.
Original Author:
Moore, Todd
City Entering into a Contract with the YMCA to Allow City Residents to Use Their Pool
Legal Opinion (Created: 06/23/1995; Reviewed: June 26, 2017)

MTAS was asked whether the city may enter into a fifteen year contract with the YMCA to allow city residents to use their pool.
Original Author:
Hemsley, Sid
City Financed Scholarship Program for City Residents
Legal Opinion (Created: 09/07/2007; Reviewed: May 28, 2020)

MTAS was asked whether a city can give college scholarships to the citizens for only one particular college.
Original Author:
Shechter, Leslie
City Gas Department Wishes to Loan the General Revenue Fund an Amount Necessary to Construct a Municipal Garage
Legal Opinion (Created: 10/04/1993; Reviewed: September 24, 2018)

MTAS was asked whether the city gas department could loan the general revenue fund an amount necessary to construct a municipal garage.
Original Author:
Hemsley, Sid
City Issues a Building Permit for a Project Which Causes a Drainage Problem
Legal Opinion (Created: 12/17/1996; Reviewed: April 21, 2020)

MTAS was asked whether the city is liable when it issues a building permit when the project to which the building permit pertains causes a drainage problem.
Original Author:
Hemsley, Sid
City Judge Issuing State Warrant and Admissibility of Video Tape in DUI case
Legal Opinion (Created: 02/18/1993; Reviewed: September 24, 2018)

MTAS was asked whether the city judge (who has concurrent jurisdiction) can issue a state warrant for a person who passes a school bus, upon the affidavit of the school bus driver, who doesn't know who was driving the car and whether a video tape of persons arrested for DUI is admissible at trial of the defendant.
Original Author:
Hemsley, Sid
City Judge Signing a Search Warrant in a State Case
Legal Opinion (Created: 01/07/2004; Reviewed: May 28, 2020)

MTAS was asked whether a city judge can sign a search warrant in a state case, where the judge does not exercise concurrent jurisdiction.
Original Author:
Huffer, Dennis
City Judge, Vacancy, and Appointment of Special Judges
Legal Opinion (Created: 12/24/2009; Reviewed: May 28, 2020)

MTAS was asked whether the city judge can hold two judgeships and use temporary appointments of special judges to fill a vacancy..
Original Author:
Hemsley, Sid
City Judges' Terms of Office
Legal Opinion (Created: 08/17/2000; Reviewed: May 28, 2020)

MTAS was asked whether the city judge could refrain from taking office until eight months after the election.
Original Author:
Shechter, Leslie
City Liability for Liquidated Damages on a Terminated Contract
Legal Opinion (Created: 07/17/1991; Reviewed: June 26, 2017)

MTAS was asked whether the Town is required to pay $10,000 in liquidated damages when it terminated a contract with a company.
Original Author:
Hemsley, Sid
City Manager Appointing Commissioner to Chief of Police Position
Legal Opinion (Created: 11/06/2007; Reviewed: May 16, 2017)

MTAS was asked whether the city manager may appoint a member of the board of commissioners to the position of police officer in the city.
Original Author:
Hemsley, Sid
City Manager Employment Agreements and Severance Pay
Legal Opinion (Created: 04/10/1997; Reviewed: May 31, 2017)

MTAS was asked what the former city manager's rights to severance pay are under the contract.
Original Author:
Hemsley, Sid
City Manager Serving as Ex Officio Member of the City's -- Utility Board
Legal Opinion (Created: 01/26/1999; Reviewed: May 31, 2017)

MTAS was asked whether the city manager can serve as an ex officio member of the city's utility board.
Original Author:
Hemsley, Sid
City Manager's Authority Over Personnel Administration
Legal Opinion (Created: 10/04/1996; Reviewed: May 31, 2017)

MTAS was asked whether the city council has the authority to require the city manager to 'hire back' a fireman who resigned, ostensibly on the grounds that the city manager refused to permit him to 'moonlight' as a building inspector for a city when he was already moonlighting as a building inspector for the county.
Original Author:
Hemsley, Sid
City May Purchase Insurance from the Municipal Liability Pool
Legal Opinion (Created: 07/24/1998; Reviewed: February 22, 2010)

When the city requests bid proposals for insurance, is it required to accept the lowest bid, or can it purchase the insurance from the Municipal Liability Pool?
Original Author:
Hemsley, Sid
City Noise Ordinance
Legal Opinion (Created: 08/15/1996; Reviewed: May 19, 2020)

MTAS was asked whether the city's noise ordinance is "vague."
Original Author:
Bingham, Pamela
City Obtains a Certificate of Public Purpose and Necessity Before Borrowing Funds to Buy Land for an Industrial Park
Legal Opinion (Created: 04/11/2000; Reviewed: July 24, 2007)

MTAS was asked whether a city must obtain a certificate of public purpose and necessity before borrowing funds to buy land for an industrial park.
Original Author:
Hemsley, Sid
City Recorder Serving as Vice-Mayor in the Absence of the Mayor
Legal Opinion (Created: 09/14/2001; Reviewed: June 2, 2020)

MTAS was asked about (1) the calculation of a quorum when the recorder is the vice-mayor; (2) functions of the vice-mayor in the absence of the mayor; (3) when is the mayor "absent"?
Original Author:
Hemsley, Sid
City Recorders Serving as Court Clerks
Legal Opinion (Created: 10/08/2004; Reviewed: June 2, 2020)

MTAS was asked whether the city recorders can also be the court clerks in two cities.
Original Author:
Moore, Todd
City School District Admits Children Who Live Outside the City and Charges Tuition
Legal Opinion (Created: 04/08/1996; Reviewed: December 20, 2016)

MTAS was asked whether the City School District may admit children who live outside the city and charge tuition.
Original Author:
Hemsley, Sid
City Treasurer Duties and Compensation
Legal Opinion (Created: 10/04/2000; Reviewed: June 2, 2020)

Questions regarding 1) the city treasurer receiving a pay raise during the term in office and 2) combining the offices of city treasurer and purchasing agent.
Original Author:
Hemsley, Sid
City Wishes to Prohibit Double Wide Mobile Homes
Legal Opinion (Created: 06/21/1993; Reviewed: May 19, 2017)

MTAS was asked whether a city could write any ordinance that would permit the city to prohibit double wides.
Original Author:
Shechter, Leslie
City's Ability to Condemn an Easement Across Railroad Tracks to Construct a Street
Legal Opinion (Created: 07/17/1992; Reviewed: May 17, 2017)

The authority granted to municipalities to condemn property to establish streets and highways also allows condemnation across railroad tracks so long as use of the land for railroad purposes is not destroyed.
Original Author:
Hemsley, Sid
City's Authority to Pay for Advertising of Businesses Within -- the City
Legal Opinion (Created: 09/16/1996; Reviewed: May 5, 2017)

MTAS was asked whether the city and various merchants can jointly fund billboard space advertising certain private businesses in the city.
Original Author:
Hemsley, Sid
City's Gas System Contributing Revenues for the Repair of the City's Streets
Legal Opinion (Created: 08/21/1996; Reviewed: September 25, 2018)

MTAS was asked whether the city's gas system can contribute revenues for the repair of the city's streets.
Original Author:
Hemsley, Sid
City's Purchase of Automotive Repairs
Legal Opinion (Created: 07/13/1999; Reviewed: November 16, 2017)

MTAS was asked whether the city's purchase of automotive repairs is a professional service exempt from competitive bidding required by the Municipal Purchasing Law and the city's competitive bidding policies.
Original Author:
Hemsley, Sid
City's Right to Annex in Its Urban Growth Boundary
Legal Opinion (Created: 09/21/2009; Reviewed: June 2, 2020)

MTAS was asked about a city's right to annex in its UGB where the UGB was effectively blocked by another city's streets.
Original Author:
Hemsley, Sid
City's Share of the State Beer Tax
Legal Opinion (Created: 08/15/1997; Reviewed: June 19, 2017)

MTAS was asked whether a city can prohibit the sale of beer and if that decision would jeopardize the city's share of the state beer tax.
Original Author:
Hemsley, Sid
Civil and Criminal Liability under TOSHA
Legal Opinion (Created: 01/04/2001; Reviewed: June 2, 2020)

Although Tennessee municipalities are not directly subject to OSHA and OSHA standards, Tennessee's Occupational Safety and Health Act of 1972 (TOSHA) does apply to municipal governments.
Original Author:
Ashburn, Melissa
Civil Service Board Authority
Legal Opinion (Created: 01/04/2002; Reviewed: May 19, 2020)

The Mayor and Board of Alderman must follow the wage scales, rosters and regulations established by the Civil Service Commission when making any decisions concerning a police officer's pay and position.
Original Author:
Hemsley, Sid
Classifying Employees in Labor and Management Categories
Legal Opinion (Created: 05/27/1991; Reviewed: May 12, 2017)

MTAS was asked for assistance in classifying employees in labor and management categories.
Original Author:
Hemsley, Sid
Closed Meetings with City Attorney
Legal Opinion (Created: 03/30/2007; Reviewed: June 2, 2020)

MTAS was asked whether the city's governing body can meet with its attorney to discuss pending litigation without first holding a regular or special meeting that complies with the notice requirements of the Open Meetings Law.
Original Author:
Hemsley, Sid
Code Enforcement Officers
Legal Opinion (Created: 03/04/2005; Reviewed: June 2, 2020)

MTAS was asked whether persons who have the authority to issue ordinance citations and summonses are "police officers" within the meaning of the state law governing the appointment and training of police officers.
Original Author:
Hemsley, Sid
Code Enforcement on Buildings Partially Within City
Legal Opinion (Created: 09/11/1996; Reviewed: December 19, 2016)

Where a building is located partially in the city and partially in the county, does the city's building permit and inspection system apply to the entire building?
Original Author:
Moore, Todd
Collecting State and Local Litigation Tax on Actions Filed in Municipal Court
Legal Opinion (Created: 11/12/1995; Reviewed: June 26, 2017)

MTAS was asked when the city must collect state and local litigation tax on actions filed in municipal court.
Original Author:
Hemsley, Sid
Collection of Costs Related to Solid Waste
Legal Opinion (Created: 03/19/2009; Reviewed: June 2, 2020)

MTAS was asked whether a private act city could bill cost of solid waste regulation, collection and disposal under provision in TCA 67-5-301(c) that authorizes such costs collected as special assessment to property owner as provided in general law mayor aldermanic charter. That question lead to several other questions regarding the collection of costs related to solid waste regulation, collection and disposal by taxes, user fees, special assessment to property owner, and other charges, as provided by all three general law charters.
Original Author:
Hemsley, Sid
Collection of Fines and Costs While Decision is on Appeal
Legal Opinion (Created: 08/02/1993; Reviewed: December 23, 2016)

MTAS was asked what action the city can take against a pallet manufacturer who is in violation of the fire code.
Original Author:
Hemsley, Sid
Collection of Municipal Court Costs
Legal Opinion (Created: 09/20/2001; Reviewed: June 2, 2020)

MTAS was asked how a municipal court can collect fines.
Original Author:
Hemsley, Sid
College Student Voter Registration
Legal Opinion (Created: 02/21/2002; Reviewed: June 2, 2020)

Analyzes law governing the conditions under which students in colleges in Tennessee can register to vote in cities in the locations of their colleges.
Original Author:
Leydorf, Donna
Combining Two Utility Boards
Legal Opinion (Created: 04/02/2001; Reviewed: June 2, 2020)

MTAS was asked whether or not the City may merge the two utility boards currently in existence.
Original Author:
Hemsley, Sid
Commissioners Take Oath of Office from Person Not Qualified to Issue Oaths
Legal Opinion (Created: 08/14/2002; Reviewed: June 2, 2020)

MTAS was asked to analyze the law governing the legal status of city's officers who have been administered oath of office by person not authorized to administer such oaths.
Original Author:
Hemsley, Sid
Compensation and Health Insurance for City Boards and Commissions
Legal Opinion (Created: 11/10/2009; Reviewed: June 2, 2020)

MTAS analyzed questions relating to compensation for various officials and for the provision of (and elimination of) health insurance to the city's officers and employees.
Original Author:
Shechter, Leslie
Compensation for Serving on Committees
Legal Opinion (Created: 05/12/1992; Reviewed: October 7, 2020)

MTAS was asked whether the Board of Mayor and Aldermen can compensate aldermen and others appointed to committees for their service as committee members.
Original Author:
Hemsley, Sid
Compensation of Police Officers
Legal Opinion (Created: 10/29/1997; Reviewed: May 5, 2017)

MTAS was asked whether the ten minutes during which police officers attend mandatory roll-call can be calculated for the purposes of overtime compensation and what, if any, is the rate of compensation due non-exempt police officers for work between 160 and 171 hours when their work period is 28 days, and their regular schedule during that work period is 160 hours.
Original Author:
Hemsley, Sid
Compensation of the City Recorder
Legal Opinion (Created: 10/18/2005; Reviewed: June 2, 2020)

MTAS was asked whether the city recorder is entitled under Tennessee Law to compensation based on the collection of property taxes.
Original Author:
Shechter, Leslie
Composition and Authority of the City Beer Board
Legal Opinion (Created: 03/11/1992; Reviewed: June 19, 2017)

MTAS was asked whether the composition of the board can be changed and whether the board has the authority to deny a beer permit to an applicant that meets the requirements set out in the beer ordinance
Original Author:
Ashburn, Melissa
Condemnation of Property with Deed Restrictions or Covenants
Legal Opinion (Created: 03/01/2017; Reviewed: June 2, 2020)

MTAS was asked if the city condemns property that has deed restrictions or covenants requiring that the property only be used for residential development, if such restrictions are lifted or nullified by the condemnation.
Original Author:
Hemsley, Sid
Conditions for the Return of a Biting Dog to Owner
Legal Opinion (Created: 07/09/2001; Reviewed: June 2, 2020)

MTAS was asked what options the city has under its animal control ordinance to impose some conditions on the return to the owner of an animal that bit a person and seriously injured him or her?
Original Author:
Hemsley, Sid
Conditions of the Deed Abandoning the Street
Legal Opinion (Created: 10/29/1993; Reviewed: April 22, 2020)

MTAS was asked whether the city can attach conditions to the abandonment of the street.
Original Author:
Hemsley, Sid
Conditions Under Which the City Can Give Local Preference on Bids
Legal Opinion (Created: 05/05/2004; Reviewed: June 2, 2020)

MTAS was asked whether it is lawful for the city to base the award of competitive bids on the preference for local contractors or providers of goods and services.
Original Author:
Bingham, Pamela
Confidentiality of Certain Internal Investigative Notes/Reports
Legal Opinion (Created: 08/20/1997; Reviewed: October 3, 2017)

MTAS researched the issue of whether the records of an internal investigation (non-criminal at this point) by the police department of one its employees is subject to the Tennessee Public Records Act or whether it falls within a statutory exception to the Act or is otherwise privileged against disclosure.
Original Author:
Hemsley, Sid
Conflict of Interest Provision in City Charter
Legal Opinion (Created: 11/30/2009; Reviewed: June 10, 2020)

MTAS was asked whether the city charter could have a conflict of interest provision stronger than Tennessee's two conflicts of interest laws.
Original Author:
Jones, Josh
Conservation Easements on Recreational Property Owned by the City
Legal Opinion (Created: 05/18/2011; Reviewed: June 10, 2020)

MTAS was asked whether the provisions of T.C.A. apply to the execution of conservation easements on city-owned property.
Original Author:
Hemsley, Sid
Constitutionality of Changes to Home Rule City Charters
Legal Opinion (Created: 01/04/2001; Reviewed: June 15, 2020)

MTAS was asked whether the changes to a City's home rule city charter, which are the product of a referendum by initiative of the voters, legal.
Original Author:
Hemsley, Sid
Construction and Garage Sales on Sundays
Legal Opinion (Created: 02/01/2006; Reviewed: June 15, 2020)

MTAS was asked whether a city could prohibit or limit the hours of construction and of garage sales on Sunday.
Original Author:
Bingham, Pamela
Construction and Sale/Leaseback of Public Works Project by Municipality
Legal Opinion (Created: 03/10/1999; Reviewed: April 22, 2020)

MTAS was asked whether the proposed school construction is a "public works project" and whether the municipality has ample authority to buy real property for a public works project and then lease such property to another governmental entity.
Original Author:
Hemsley, Sid
Construction without a Building Permit
Legal Opinion (Created: 02/11/2008; Reviewed: June 15, 2020)

MTAS was asked whether a certain building within the city was legally constructed, and if the answer was no, what legal remedies were available to the city.
Original Author:
Hemsley, Sid
Contract between City and Alderman
Legal Opinion (Created: 02/06/2009; Reviewed: June 15, 2020)

MTAS was asked about the application of Tennessee's Conflicts of Interest Law and the doctrine of Common Law Conflicts to an Alderman's contract with the City.
Original Author:
Hemsley, Sid
Contract for the County to Maintain the City's Streets in Exchange for Payment
Legal Opinion (Created: 10/12/1990; Reviewed: April 22, 2020)

MTAS was asked whether the county and the city have the legal right to enter into the contract for the former to maintain the latter's streets in exchange for payment for such maintenance.
Original Author:
Hemsley, Sid
Contract Law
Legal Opinion (Created: 06/14/1995; Reviewed: June 26, 2017)

MTAS was asked whether the board of mayor and aldermen can compel the mayor to sign a certain "contract."
Original Author:
Hemsley, Sid
Contract to Contribute to the National Guard Armory
Legal Opinion (Created: 02/20/2004; Reviewed: June 15, 2020)

MTAS was asked whether the city was liable on a contract to contribute to the national guard armory.
Original Author:
Huffer, Dennis
Contract with Utility District
Legal Opinion (Created: 05/21/2004; Reviewed: June 15, 2020)

MTAS was asked about a proposed contract between the City (and other county municipalities) and the County Municipal Water District.
Original Author:
Hemsley, Sid
Contractors Licensing Law and Its Application
Legal Opinion (Created: 11/18/1992; Reviewed: March 6, 2017)

MTAS was asked to clarify the contractors licensing law.
Original Author:
Hemsley, Sid
Contractors Licensing Law and Its Application
Legal Opinion (Created: 11/13/1992; Reviewed: December 19, 2016)

MTAS was asked whether the city building inspector should issue a building permit for the construction of a certain restaurant in the city.
Original Author:
Pullen, Mark
Contractors Sue the City for Breach of Contract and Quit Work on the Plant
Legal Opinion (Created: 11/16/1993; Reviewed: April 22, 2020)

The city is faced with a lawsuit, a deadline from the State Department of Environment and Conservation as to when it must be in conformity with state environmental laws, and an unfinished sewer treatment plant.
Original Author:
Hemsley, Sid
Conveyance of a Portion of the City Building to the Utility Department
Legal Opinion (Created: 09/19/2006; Reviewed: June 15, 2020)

MTAS was asked whether a city could sell parts of a building to its various departments to satisfy the city's debt to the department.
Original Author:
Ashburn, Melissa
Cost of Training Contracts
Legal Opinion (Created: 01/04/2002; Reviewed: June 15, 2020)

Is the contract entered into by a city and a police officer for the reimbursement of cost of training to city in event officer quits before expiration of two-year term enforceable against the officer?
Original Author:
Ashburn, Melissa
Councilmember Acting as City Judge, in Absence of Judge
Legal Opinion (Created: 04/05/2005; Reviewed: July 1, 2020)

City council member who acted as special judge when city judge was unavailable in past, cannot continue to act as special judge after effective date of Municipal Court Reform Act, which has a section prohibiting city officials or employees from holding office as judge.
Original Author:
Hemsley, Sid
Counting Meal Time for Firefighters Towards Overtime Pay
Legal Opinion (Created: 06/01/2007; Reviewed: July 1, 2020)

MTAS was asked about meal periods for firefighters who work shifts of less than 24 hours.
Original Author:
Hemsley, Sid
County Beer Permits
Legal Opinion (Created: 08/13/1991; Reviewed: June 19, 2017)

MTAS was asked whether a county beer permit issued to beer establishments in the town are valid permits, and whether the town has the authority to regulate the hours of Sunday beer sales
Original Author:
Ashburn, Melissa
County Mayor Serving on the Industrial Development Board
Legal Opinion (Created: 11/11/2010; Reviewed: July 1, 2020)

MTAS was asked whether the county mayor may serve on the IDB.
Original Author:
Hemsley, Sid
County Taxing Rental Property Owned by the Utility District
Legal Opinion (Created: 01/26/1996; Reviewed: March 19, 2010)

MTAS was asked whether the county can tax rental property owned by the utility district.
Original Author:
Hemsley, Sid
County Zoning Ordinances
Legal Opinion (Created: 08/16/2001; Reviewed: July 6, 2020)

MTAS was asked whether a county zoning ordinance can permit the expansion of pre-existing non-conforming uses to adjacent land
Original Author:
Bingham, Pamela
County's Authority to Condemn Territory Within a Municipality's Corporate Boundaries Without Its Consent
Legal Opinion (Created: 10/29/1999; Reviewed: May 17, 2017)

MTAS was asked whether a county may condemn property within an incorporated territory, for the purpose of building a road without the city's consent.
Original Author:
Ashburn, Melissa
Court Costs Taxed
Legal Opinion (Created: 01/25/2002; Reviewed: July 6, 2020)

MTAS was asked if a general sessions court judge can tax costs against the city when officers fail to properly execute warrants.
Original Author:
Hemsley, Sid
Creation of An Additional Municipal Court Judge
Legal Opinion (Created: 02/27/2006; Reviewed: July 6, 2020)

MTAS was asked whether an amendment to the city's charter will be required if the city wishes to appoint another city judge with the jurisdiction to hear only municipal ordinance violation cases.
Original Author:
Hemsley, Sid
Dedication and Acceptance of Sidewalks
Legal Opinion (Created: 10/31/2002; Reviewed: July 6, 2020)

MTAS was asked to analyze the law governing the dedication and acceptance of sidewalks.
Original Author:
Bingham, Pamela
Dedication of Streets That Are Essentially Private Driveways
Legal Opinion (Created: 01/21/1999; Reviewed: October 7, 2020)

MTAS was asked whether it would be advisable for the Town to take over the maintenance, or accept the dedication as city streets, certain private driveways.
Original Author:
Hemsley, Sid
Deferring Property Taxes
Legal Opinion (Created: 07/21/2000; Reviewed: July 6, 2020)

MTAS was asked whether it is legal for the city to defer taxes on property annexed into the city but not yet receiving all city services.
Original Author:
Hemsley, Sid
Defining School for the Purpose of Setting Speed Limits in School Zones
Legal Opinion (Created: 04/26/2004; Reviewed: July 6, 2020)

MTAS was asked to analyze the question of what a "school" is for the purpose of the school speed limit laws.
Original Author:
Moore, Todd
Definition of Grandfathering in the Sense of Allowing a Preexisting Use to Continue Despite a Later Regulation
Legal Opinion (Created: 05/23/1996; Reviewed: May 5, 2017)

"Grandfathering" is allowing an existing operation or conduct to continue legally when a new operation or conduct would be illegal.
Original Author:
Hemsley, Sid
Delinquent Property Taxes
Legal Opinion (Created: 01/09/2002; Reviewed: April 15, 2020)

Analyzes law governing right of city to waiver penalty and interest on property taxes.
Original Author:
Hemsley, Sid
Demand by a Former Police Officer for Payment for Unused Vacation and Sick Leave
Legal Opinion (Created: 09/02/1992; Reviewed: May 5, 2017)

MTAS was asked whether a former police officer is entitled to accumulated vacation and sick leave pay upon leaving the city's employment because of past custom and practice of the Town.
Original Author:
Ashburn, Melissa
Demolishing an Old Building That Shares a Party Wall with an Adjoining Building
Legal Opinion (Created: 11/21/2002; Reviewed: July 6, 2020)

MTAS advised city of potential liabilities in demolishing condemned building which shares "party wall" with adjoining property owner.
Original Author:
Hemsley, Sid
Demolition Bond in a Historic District
Legal Opinion (Created: 02/12/2001; Reviewed: July 6, 2020)

MTAS was asked whether it is legal for the city to require a bond to secure the demolition of a building within the historic overlay.
Original Author:
Hemsley, Sid
Demolition of Dilapidated and Unsafe Buildings
Legal Opinion (Created: 01/20/1998; Reviewed: December 23, 2016)

MTAS was asked whether there is any legal way to require the local Farmer's Coop to demolish a large cattle feeding bin on its property.
Original Author:
Hemsley, Sid
Denying a Business License to a Person Whose Business Establishment is in Violation of the City's Zoning Ordinance
Legal Opinion (Created: 02/08/1996; Reviewed: May 5, 2017)

MTAS was asked whether the city can deny a business license to a person whose business establishment is in violation of the city's zoning ordinance.
Original Author:
Hemsley, Sid
Department Heads Are At Will Employees Under City Charter
Legal Opinion (Created: 03/03/1997; Reviewed: May 5, 2017)

MTAS was asked whether the city by ordinance can provide a means by which department heads under certain conditions can elect to not be at will employees if those department heads are at will employees under the city charter.
Original Author:
Hemsley, Sid
Design-Build Contracts
Legal Opinion (Created: 01/25/2002; Reviewed: July 6, 2020)

MTAS was asked about the legal authority of municipalities to let design-build contracts.
Original Author:
Hodge, Elisha
Determining Quorum Number Required to Pass Motions
Legal Opinion (Created: 06/01/2018; Reviewed: May 14, 2020)

An MTAS attorney response to a question regarding the number of aldermen required to vote and pass items on the agenda not related to the city's present alderman vacancy.
Original Author:
Hemsley, Sid
Differential Tax Rates and Questions from the Charter Commission
Legal Opinion (Created: 01/17/1996; Reviewed: May 31, 2017)

MTAS was asked whether differential tax rates within taxing districts and special services districts authorized under the Charter Government Unification Act would violate the Tennessee Constitution and several other questions by the Charter Commission.
Original Author:
Hemsley, Sid
Disclosing Medical Information to Emergency Service Providers
Legal Opinion (Created: 10/02/2006; Reviewed: July 6, 2020)

MTAS was asked whether city employees could give consent for medical information to be disclosed to emergency service providers.
Original Author:
Shechter, Leslie
Discretion of Town to Refuse to Allow New Taps
Legal Opinion (Created: 02/03/1994; Reviewed: October 3, 2018)

MTAS was asked whether the Board of Mayor and Aldermen may refuse to allow new taps to the municipal water system outside the corporate limits.
Original Author:
Ashburn, Melissa
Dismissing an Employee for Refusing to Take a Polygraph
Legal Opinion (Created: 01/04/2011; Reviewed: July 6, 2020)

MTAS was asked whether an employee can be dismissed for refusal to take a polygraph test.
Original Author:
Hemsley, Sid
Disposition of Unclaimed, Lost, or Abandoned Personal Property in Possession of Police Department
Legal Opinion (Created: 12/17/1996; Reviewed: July 8, 2020)

MTAS was asked what disposition a city can make of unclaimed, lost, or abandoned personal property in the possession of the police department, such as, but not limited to, money, bicycles, automobiles, etc.
Original Author:
Hemsley, Sid
Dissolution of Airport Authority
Legal Opinion (Created: 06/16/2005; Reviewed: July 8, 2020)

MTAS was asked whether a city could abolish the airport authority that it created.
Original Author:
Hemsley, Sid
Distribution of Authority Between the City Administrator and the City Recorder-Treasurer
Legal Opinion (Created: 01/19/2007; Reviewed: July 8, 2020)

MTAS was asked to analyze the question of the distribution of authority between the city recorder and the city administrator.
Original Author:
Hemsley, Sid
Distribution of Authority Over City School System
Legal Opinion (Created: 02/13/2007; Reviewed: July 8, 2020)

MTAS was asked questions related to the city school system, particularly with respect to the distribution of authority over the system between the city governing body and city school board. Questions related to charging tuition and closing school buildings.
Original Author:
Bingham, Pamela
Divorced Employee Claimed He Was Married and Entitled to City-Sponsored Family Health Insurance Coverage
Legal Opinion (Created: 06/07/2000; Reviewed: January 3, 2017)

MTAS was asked whether it would be appropriate for the city to terminate an employee who falsely claimed that he was still married and therefore, entitled to city-sponsored family health insurance coverage, when, in fact, this employee was divorced.
Original Author:
Shechter, Leslie
Does an Employee Have a Right to a Salary Increase by Virtue of Provisions Made in the Budget for Salary Increases
Legal Opinion (Created: 07/23/1992; Reviewed: July 15, 2017)

MTAS was asked whether an employee has a right to a salary increase by virtue of provisions made in the budget for salary increases.
Original Author:
Hemsley, Sid
Does the City Have to Operate a City Court?
Legal Opinion (Created: 02/16/1994; Reviewed: June 26, 2017)

MTAS was asked whether the City has to operate a city court.
Original Author:
Pullen, Mark
Does the City Have to Pay the County to Incarcerate Prisoners Arrested and Prosecuted for State Law Violations by the City?
Legal Opinion (Created: 01/29/1996; Reviewed: June 30, 2017)

MTAS was asked whether the city has to pay the county to incarcerate prisoners arrested and prosecuted for state law violations by the city.
Original Author:
Hemsley, Sid
Does the Tennessee Open Records Law Require a City to Mail Any Record to a Newspaper?
Legal Opinion (Created: 02/10/1999; Reviewed: May 23, 2017)

MTAS was asked whether the city is required under the Tennessee Open Records Law to mail to a newspaper information packets it provides to the Board of Mayor and Aldermen, or any other city records.
Original Author:
Hemsley, Sid
Drainage Problems of Private Property Owners
Legal Opinion (Created: 06/03/2003; Reviewed: July 8, 2020)

MTAS was asked to analyze the law relative to drainage problems with respect to private property owners.
Original Author:
Ashburn, Melissa
Drug and Alcohol Testing of City Employees
Legal Opinion (Created: 10/30/2014; Reviewed: July 8, 2020)

MTAS was asked whether all city employees may be tested for drugs and alcohol.
Original Author:
Ashburn, Melissa
Drug Forfeiture Funds
Legal Opinion (Created: 02/21/2002; Reviewed: July 8, 2020)

MTAS was asked whether money received from fines and forfeitures in drug cases may be used to make a contribution to a law enforcement association or for police training.
Original Author:
Ashburn, Melissa
Drug Testing of Board Members
Legal Opinion (Created: 11/18/2002; Reviewed: July 16, 2020)

MTAS was asked whether a city may require board members to submit to drug testing.
Original Author:
Hemsley, Sid
E-mail and Open Records Law
Legal Opinion (Created: 09/05/2001; Reviewed: October 3, 2017)

MTAS was asked whether the Open Records Law applies to e-mail sent by a city official.
Original Author:
Huffer, Dennis
Education Revenues
Legal Opinion (Created: 11/23/2004; Reviewed: July 16, 2020)

MTAS was asked to research the sharing by county of certain education funds.
Original Author:
Hemsley, Sid
Effect of the Mayor's Veto
Legal Opinion (Created: 08/27/2002; Reviewed: July 16, 2020)

MTAS was asked to analyze the law governing the mayor's veto power.
Original Author:
Bingham, Pamela
Effective Date of the Incorporation of a City
Legal Opinion (Created: 03/03/1999; Reviewed: May 31, 2017)

MTAS was asked when the incorporation of a city is considered effective.
Original Author:
Hemsley, Sid
Election of Aldermen from Wards
Legal Opinion (Created: 07/26/2001; Reviewed: June 19, 2017)

MTAS was asked what a city needs to do to restrict the election of aldermen required under the charter to be elected from wards to the voters within the boundaries of the wards.
Original Author:
Hemsley, Sid
Election of Municipal Court Clerk
Legal Opinion (Created: 12/28/1992; Reviewed: June 26, 2017)

MTAS was asked whether Barrett requires the clerk of a municipal court exercising concurrent jurisdiction to be elected.
Original Author:
Hemsley, Sid
Election of Municipal Judges with Concurrent General Sessions Jurisdiction
Legal Opinion (Created: 11/18/1998; Reviewed: June 26, 2017)

MTAS was asked whether the City can provide for the election of the city judge in the April city election.
Original Author:
Hemsley, Sid
Eleventh Amendment Immunity
Legal Opinion (Created: 11/02/2005; Reviewed: November 19, 2017)

MTAS was asked whether state immunity under the 11th Amendment to the U.S. Constitution applies to municipalities with respect to application of the Family and Medical Leave Act.
Original Author:
Hodge, Elisha
Eligibility of Chamber of Commerce Employees for City-Provided Benefits
Legal Opinion (Created: 09/01/2019; Reviewed: May 14, 2020)

A legal opinion was requested of MTAS addressing whether individuals who work for the local Chamber of Commerce are legally eligible for benefits provided to employees of the city.
Original Author:
Hemsley, Sid
Emergency Purchasing Provisions
Legal Opinion (Created: 05/19/2003; Reviewed: May 26, 2010)

MTAS was asked what an "emergency" is within the meaning of the Municipal Purchasing Law.
Original Author:
Ashburn, Melissa
Eminent Domain and Necessity of the Taking
Legal Opinion (Created: 08/16/2007; Reviewed: May 18, 2017)

MTAS was asked for information on any recently tried condemnation suits.
Original Author:
Shechter, Leslie
Eminent Domain Proceedings to Acquire Property for a Maintenance Garage When the Property Is Owned by a Member of the City Commission
Legal Opinion (Created: 01/12/1993; Reviewed: May 17, 2017)

MTAS was asked whether a municipality may institute eminent domain proceedings to acquire property for a maintenance garage when the property is owned by a member of the city commission.
Original Author:
Huffer, Dennis
Employee Safety Measures
Legal Opinion (Created: 10/01/2002; Reviewed: January 3, 2017)

MTAS was asked to address several personnel safety issues.
Original Author:
Hemsley, Sid
Employees Subject to Summary Dismissal by the Mayor
Legal Opinion (Created: 02/15/2005; Reviewed: May 12, 2017)

MTAS was asked which among certain personnel in the city occupy at will positions of employment subject to summary termination by the mayor.
Original Author:
Shechter, Leslie
Employing Minors in Establishments That Sell Beer
Legal Opinion (Created: 08/31/1992; Reviewed: June 19, 2017)

MTAS was asked whether minors may be employed in establishments that sell beer.
Original Author:
Shechter, Leslie
Employment Contracts between City Manager and Department Heads
Legal Opinion (Created: 05/20/1993; Reviewed: May 31, 2017)

MTAS was asked whether the Commissioners of the City may enter into an "employment agreement" with the Chief of Police.
Original Author:
Ashburn, Melissa
Employment Law Questions
Legal Opinion (Created: 05/22/2002; Reviewed: May 31, 2017)

MTAS was asked several questions related to employment law and the potential liability of board members.
Original Author:
Shechter, Leslie
Enforcement of Building Code on a Project under Construction at Time of Annexation
Legal Opinion (Created: 09/23/1992; Reviewed: October 7, 2020)

MTAS was asked whether newly annexed property is subject to the city's building code.
Original Author:
Bingham, Pamela
Enforcing a Residential Zoning Classification on Annexed Properties
Legal Opinion (Created: 10/10/1997; Reviewed: October 7, 2020)

MTAS was asked about enforcing a residential zoning classification on two parcels of real property that were annexed some time ago by a city.
Original Author:
Hemsley, Sid
Enforcing Compliance with Posted Street Numbering
Legal Opinion (Created: 10/18/1991; Reviewed: February 8, 2017)

MTAS was asked whether other cities have ordinances that guarantee posting of street numbers.
Original Author:
Moore, Todd
Enforcing Municipal Ordinances Outside the City Limits
Legal Opinion (Created: 08/19/1996; Reviewed: December 23, 2016)

MTAS was asked whether it may enforce its ordinances dealing with tall grass, junk cars, and dangerous buildings within one mile of the city limits.
Original Author:
Hemsley, Sid
Entitlement of the City to In Lieu Of Taxes from an Electric System
Legal Opinion (Created: 06/06/1995; Reviewed: October 26, 2016)

MTAS was asked whether the city is entitled to in lieu of taxes from an electric system with respect to the system's property in the city.
Original Author:
Pullen, Mark
Equipment Purchases by the Joint City/County E-911 Board
Legal Opinion (Created: 02/25/1993; Reviewed: May 30, 2017)

MTAS was asked whether the board could accept one of two offers to furnish equipment or if it must advertise and accept bids.
Original Author:
Leydorf, Donna
Escorted funeral processions
Legal Opinion (Created: 11/15/2000; Reviewed: June 10, 2017)

Should a city allow funeral-home escorts at funeral processions?
Original Author:
Hemsley, Sid
Establishment of a City Environmental Court
Legal Opinion (Created: 06/24/2009; Reviewed: June 26, 2017)

MTAS was asked about the establishment of an environmental court in the city and the organizational implications such a court would have on the existing city court.
Original Author:
Bingham, Pamela
Exclusive Franchises for Sewer Treatment Services
Legal Opinion (Created: 02/16/2001; Reviewed: October 3, 2020)

There is sufficient authority for this town to grant an exclusive franchise for sewer service to one entity.
Original Author:
Hemsley, Sid
Exotic Animals Law in Tennessee
Legal Opinion (Created: 10/08/2001; Reviewed: May 30, 2017)

MTAS was asked if Tennessee has an exotic animals law and if private property owners are prohibited from keeping pythons.
Original Author:
Shechter, Leslie
Expending Municipal Funds to Relocate Sewer, Water, and Gas Mechanical Equipment at the Request of a Property Owner
Legal Opinion (Created: 01/11/1995; Reviewed: June 5, 2017)

MTAS was asked about the legality of expending municipal funds to relocate sewer, water and gas mechanical equipment at the request of a property owner who wishes to backfill his property.
Original Author:
Pullen, Mark
Extending Contract Terms
Legal Opinion (Created: 05/26/1994; Reviewed: June 26, 2017)

MTAS was asked whether a city can renew their contract with a solid waste disposal company without having to open it up to competitive bidding.
Original Author:
Pullen, Mark
Extending Fire Service on a Contract Basis Outside Corporate Limits
Legal Opinion (Created: 04/02/1993; Reviewed: April 9, 2017)

MTAS was asked whether the Town could extend fire service on a contract basis outside corporate limits and, if so, whether this would increase the town's liability exposure.
Original Author:
Hemsley, Sid
Extraterritorial Arrests
Legal Opinion (Created: 06/14/2011; Reviewed: June 21, 2017)

MTAS was asked under what authority police officers have the right to arrest and pursue defendants outside the territorial limits of the city.
Original Author:
Hemsley, Sid
Failure of the Local Government to Substantially Comply with the Public Hearing Notice
Legal Opinion (Created: 09/28/1998; Reviewed: October 3, 2018)

MTAS was asked whether the failure of the local government to substantially comply with the public hearing notice and other procedural requirements prescribed by the state law is jurisdictional rather than directory.
Original Author:
Ashburn, Melissa
Fees Sent to State by City Courts
Legal Opinion (Created: 12/14/2006; Reviewed: June 26, 2017)

MTAS was asked several questions about fees/costs sent to the State for violations tried in city court.
Original Author:
Ashburn, Melissa
Filing Suit for Collection of Delinquent Real Property Taxes
Legal Opinion (Created: 11/21/2003; Reviewed: October 26, 2016)

MTAS was asked about the procedure for collecting delinquent property taxes when the county taxes have been paid.
Original Author:
Hemsley, Sid
Filling Vacancies in the City's School Board
Legal Opinion (Created: 07/25/2006; Reviewed: August 18, 2020)

MTAS was asked whether the school board chairman's appointment to fill the vacancy on the school board was legal.
Original Author:
Huffer, Dennis
Fire Chaplains Program Challenged Establishment Cause Grounds
Legal Opinion (Created: 03/22/2002; Reviewed: May 23, 2017)

MTAS was asked whether there has been a case where a fire chaplain program has been challenged on establishment clause grounds.
Original Author:
Leydorf, Donna
Firing the City Attorney
Legal Opinion (Created: 11/29/2000; Reviewed: June 23, 2017)

MTAS was asked for whom the City Attorney works and if the City Attorney may be fired.
Original Author:
Hemsley, Sid
FLSA Claims
Legal Opinion (Created: 01/24/2002; Reviewed: September 11, 2017)

MTAS was asked whether as part of a settlement of an FLSA claim, an employee can sign an enforceable waiver of rights.
Original Author:
Shechter, Leslie
Forcing the City to Accept and Maintain Private Streets Located in Privately Owned Residential Developments
Legal Opinion (Created: 08/15/1991; Reviewed: October 7, 2020)

MTAS was asked whether the City can be forced to accept the dedication and ongoing maintenance responsibility for private streets, street lights and storm sewers located within condominium and planned unit developments.
Original Author:
Hemsley, Sid
Form of Petition for Liquor Sales
Legal Opinion (Created: 09/12/2006; Reviewed: June 20, 2017)

MTAS was asked for a form of petition for package liquor sales and liquor-by-the-drink sales.
Original Author:
Hemsley, Sid
Four Questions on the Open Meetings Law
Legal Opinion (Created: 11/14/1992; Reviewed: July 15, 2017)

MTAS was asked what "adequate notice" means under the Open Meetings Law; whether three hours was adequate notice of a meeting; what is the effect of action taken at a meeting in which a violation of the Open Meetings Law occurred; and does an illegal meeting make the minutes illegal.
Original Author:
Ashburn, Melissa
Free Water and Sewer Service Provided to School
Legal Opinion (Created: 06/30/2010; Reviewed: October 3, 2018)

MTAS was asked whether it is legal to provide water for free to a public school, and posed further questions about the enforcement of the agreement with the county and school district.
Original Author:
Hemsley, Sid
Function and Duties of a Home Rule Charter Commission
Legal Opinion (Created: 10/07/2008; Reviewed: May 25, 2017)

Basic introduction of charter commission candidates to the functions and duties of the charter commission.
Original Author:
Moore, Todd
Funding Volunteer Fire Departments
Legal Opinion (Created: 11/04/1996; Reviewed: May 23, 2017)

MTAS was asked whether a county's method of funding volunteer fire departments and contracting with municipal fire departments is illegal.
Original Author:
Hemsley, Sid
General Sessions Judge Serving as the City Judge for Additional Compensation
Legal Opinion (Created: 10/25/1993; Reviewed: June 26, 2017)

MTAS was asked whether the general sessions judge can serve as the city judge for a salary in addition to his general sessions judge salary.
Original Author:
Bingham, Pamela
Giving Adequate Public Notice of a Open Meeting
Legal Opinion (Created: 12/17/1999; Reviewed: July 15, 2017)

MTAS was asked about giving adequate public notice of a open meeting.
Original Author:
Hemsley, Sid
Giving or Selling City Property to a Private Cemetery Association
Legal Opinion (Created: 04/25/2007; Reviewed: May 31, 2017)

MTAS was asked whether the city can give to a private nonprofit cemetery organization, property to be used as a cemetery.
Original Author:
Ashburn, Melissa
Graffiti Removal Program
Legal Opinion (Created: 04/12/2012; Reviewed: June 3, 2017)

MTAS was asked about the legality of an ordinance or other action to institute an order of maintenance aimed specifically at graffiti, under which the city could go in and cover or remove the graffiti and levy the costs against the property owner.
Original Author:
Hemsley, Sid
Gratuitous Payment for Increased Price of Gasoline Under Garbage Collection Contract
Legal Opinion (Created: 03/20/2006; Reviewed: March 20, 2017)

MTAS was asked whether a city can compensate a contractor for the increased price of gasoline it has taken for the contractor to perform a contract for the city.
Original Author:
Hemsley, Sid
Grievance Hearings and Rights of At Will Employees
Legal Opinion (Created: 11/21/2011; Reviewed: January 3, 2017)

MTAS was asked what rights at will employees have to a grievance hearing on adverse employment actions, and what right such employees have to be represented by counsel.
Original Author:
Hemsley, Sid
Guidelines Governing Municipal Truck Regulations
Legal Opinion (Created: 01/21/1998; Reviewed: October 7, 2020)

MTAS was asked whether the city can amend its truck weight ordinance to prohibit through truck traffic from using Road A to Road B inside the city, and exempt from the ordinance trucks leaving the landfill, delivery and pick-ups at a certain business.
Original Author:
Leydorf, Donna
Handicapped Access, In-Lieu-Of Tax Payments, Liquor by the Drink
Legal Opinion (Created: 02/21/2001; Reviewed: June 19, 2017)

MTAS was asked whether the city is required to provide handicap access to the second floor walking track in its new recreation building, if the Electric Company can change its monthly in-lieu of tax payments to a single annual payment, and whether the City can put 'liquor by the drink' back on the ballot during the next election since the measure was approved in the last election.
Original Author:
Hemsley, Sid
Handicapped Parking at City Parking Meters
Legal Opinion (Created: 12/07/2007; Reviewed: May 1, 2020)

MTAS was asked whether TCA permits disabled and handicapped persons who display the appropriate license plate and/or placard to park in handicapped parking spaces beyond the time limits prescribed by a city ordinance for the parking space.
Original Author:
Leydorf, Donna
Helicopter Regulation
Legal Opinion (Created: 09/14/2000; Reviewed: April 21, 2020)

MTAS was asked to provide examples of helicopter regulation.
Original Author:
Hemsley, Sid
Hiring a City Manager When There is No Provision for Such a Position in the Charter
Legal Opinion (Created: 08/19/2003; Reviewed: May 31, 2017)

MTAS was asked whether a city can hire a city manager when there is no provision in the charter for such an officer or employee.
Original Author:
Moore, Todd
Hiring a New Building Inspector
Legal Opinion (Created: 07/12/1996; Reviewed: December 20, 2016)

Because the building inspector has failed to receive certification from the state fire marshall, MTAS was asked how the city should proceed with regard to inspecting the buildings where construction is in progress and hiring a new inspector.
Original Author:
Jones, Josh
Historic Business Licenses Are Public Records
Legal Opinion (Created: 01/11/2012; Reviewed: May 9, 2020)

MTAS was asked whether business licenses are public record if they are more than seventy years old.
Original Author:
Ashburn, Melissa
Holding a Referendum for the City to Create a Municipal School District
Legal Opinion (Created: 08/18/2011; Reviewed: December 19, 2016)

MTAS was asked several questions regarding a referendum to create a municipal school district.
Original Author:
Hemsley, Sid
Hotel/Motel Tax from the Residents of Motels Who Rent Their Motel Rooms by the Week or Other Period
Legal Opinion (Created: 07/14/1997; Reviewed: October 25, 2016)

MTAS was asked whether the city is entitled to a hotel-motel tax from the residents of motels who rent their motel rooms by the week or other period.
Original Author:
Ashburn, Melissa
Hours for Beer Sales When Private Club Also Holds Liquor License
Legal Opinion (Created: 01/09/2009; Reviewed: May 31, 2017)

MTAS was asked whether or not the hours for liquor sales set by the ABC apply to the hours for beer sales when the City has not approved liquor sales.
Original Author:
Huffer, Dennis
Hours of Service Under FMLA
Legal Opinion (Created: 12/31/2002; Reviewed: January 3, 2017)

MTAS was asked several questions about the application of the federal Family and Medical Leave Act.
Original Author:
Ashburn, Melissa
Human Resources: Independent Contractor or Employee?
Legal Opinion (Created: 10/27/2015; Reviewed: May 3, 2017)

MTAS was asked whether a specific individual is an employee of the city or an independent contractor.
Original Author:
Huffer, Dennis
Impact Fees, Development Taxes, and Adequate Facilities Taxes
Legal Opinion (Created: 08/30/2006; Reviewed: August 17, 2017)

MTAS was asked to address a question about impact fees and levying an adequate facilities tax.
Original Author:
Hemsley, Sid
Implied Dedication of an Alley
Legal Opinion (Created: 01/27/1994; Reviewed: October 7, 2020)

MTAS was asked whether a certain alley is a city street.
Original Author:
Moore, Todd
Imposing New Regulations on the Sale of Beer on Existing Businesses
Legal Opinion (Created: 08/01/1995; Reviewed: June 19, 2017)

MTAS was asked whether the city could impose new regulations on the sale of beer on existing businesses, specifically, prohibiting the sale of beer at drive-in windows.
Original Author:
Hemsley, Sid
Imposing Property Maintenance Regulations Through a Zoning Ordinance
Legal Opinion (Created: 04/13/2004; Reviewed: October 18, 2018)

MTAS was asked whether a municipality can impose property maintenance regulations through its zoning ordinance.
Original Author:
Hemsley, Sid
Incompetency as a Ground for Dismissal Without the Support of a Job Description
Legal Opinion (Created: 10/19/1994; Reviewed: June 27, 2017)

MTAS was asked whether incompetency will stand as a ground for dismissal without the support of a job description.
Original Author:
Hemsley, Sid
Increasing the Salary of the City Judge
Legal Opinion (Created: 05/06/1998; Reviewed: June 26, 2017)

MTAS was asked several questions about increasing the salary of the city judge.
Original Author:
Huffer, Dennis
Inoperable Bus as Violation of Town Ordinance
Legal Opinion (Created: 10/24/2002; Reviewed: April 30, 2020)

MTAS was asked whether an inoperable bus that is maintained by a business owner on the lot on which the business is located would be considered a 'building' since it is used for storage.
Original Author:
Hemsley, Sid
Inspecting a Private Club That Has a Beer License
Legal Opinion (Created: 06/14/1995; Reviewed: June 19, 2017)

MTAS was asked whether the city can inspect a private club that has a beer license.
Original Author:
Hemsley, Sid
Interest Earned on Utility Deposit
Legal Opinion (Created: 01/17/2006; Reviewed: October 18, 2018)

MTAS was asked whether the interest earned on the utility deposit charged by the city for certain utility services belongs to the utility or to the customer.
Original Author:
Bingham, Pamela
Interim Officer Remains in Office Until Next Regular Election
Legal Opinion (Created: 02/20/1998; Reviewed: May 25, 2017)

The term of the individual holding the interim position of the previous vacant office shall expire at the next regular election.
Original Author:
Hemsley, Sid
Is a 'No U-Turn' Sign a Prerequisite to a 'No U-Turn' Prohibition or Ordinance?
Legal Opinion (Created: 11/03/2010; Reviewed: October 7, 2020)

MTAS was asked whether a 'No U-Turn' sign is a prerequisite to a 'No U-Turn' prohibition or ordinance.
Original Author:
Hemsley, Sid
Is a Certain Contract City Administrator an Employee or an Independent Contractor?
Legal Opinion (Created: 03/22/2006; Reviewed: May 21, 2017)

MTAS was asked whether the board of mayor and aldermen's delegation of certain administrative functions to the 'Administrative Consultant'Town Operations Supervisor' is legal and if the person holding the position is an employee or an independent contractor.
Original Author:
Bingham, Pamela
Is a Meeting of a Committee Appointed by the Mayor Subject to the Requirements of the Tennessee Open Meeting Act?
Legal Opinion (Created: 03/31/1999; Reviewed: July 15, 2017)

MTAS was asked whether a meeting of a committee appointed by the Mayor is subject to the requirements of the Tennessee Open Meeting Act.
Original Author:
Hemsley, Sid
Is a Recall Election a General Election?
Legal Opinion (Created: 10/09/2006; Reviewed: October 3, 2017)

MTAS was asked whether a recall election is a general election.
Original Author:
Hemsley, Sid
Is Taking the Oath of Office Mandatory?
Legal Opinion (Created: 06/26/2006; Reviewed: May 8, 2017)

Analyzed the question of whether the oath of office is mandatory and the legal effect the failure of a public officer to take the oath has on his votes and decisions.
Original Author:
Pullen, Mark
Issuance of a Beer Permit When One of the Partners Has -- a Felony Conviction for Burglary
Legal Opinion (Created: 06/18/1993; Reviewed: June 19, 2017)

MTAS was asked about the issuance of a beer permit where a partnership has applied for a beer permit and one of the partners has a felony conviction for burglary.
Original Author:
Pullen, Mark
Issuance of Beer Permits Under Beer Ordinance
Legal Opinion (Created: 04/13/1994; Reviewed: June 19, 2017)

MTAS was asked if the beer board was correct in denying a beer permit for two brothers, after the board learned that a third brother, who has been convicted of a crime of moral turpitude, was also going to be a partner in the business.
Original Author:
Hemsley, Sid
Issuing a Beer Permit to an Illegal Alien
Legal Opinion (Created: 12/02/2010; Reviewed: October 7, 2020)

MTAS was asked whether an illegal alien is entitled to a beer permit.
Original Author:
Bingham, Pamela
Judges' and Mayors' Authority to Perform Marriages
Legal Opinion (Created: 12/02/1999; Reviewed: June 26, 2017)

MTAS was asked who has the authority to solemnize/perform marriages.
Original Author:
Hemsley, Sid
Jurisdiction of Juvenile Court Judge and Skateboarding as a Traffic Violation
Legal Opinion (Created: 03/10/2006; Reviewed: June 26, 2017)

MTAS was asked what options the juvenile court judge has relative to disposing juvenile traffic cases and whether skateboarding in public ways other than highways and streets is a traffic violation.
Original Author:
Hemsley, Sid
Jury Trials
Legal Opinion (Created: 11/26/2003; Reviewed: June 26, 2017)

MTAS was asked whether jury trials may be held by the Muncipal Court.
Original Author:
Hemsley, Sid
Keeping the City Payroll Records Secret and Accepting the Resignation of an Aldermen
Legal Opinion (Created: 03/18/1993; Reviewed: October 4, 2017)

MTAS was asked whether the city secretary can keep city payroll records secret and whether the city has to accept the resignation of an aldermen before it is effective.
Original Author:
Hemsley, Sid
Keeping the Proceeds of Utility Overbillings
Legal Opinion (Created: 12/18/1997; Reviewed: October 19, 2018)

MTAS was asked whether the city can refund $20,000 in sewer and water capacity fees paid by a certain developer, who decided not to develop the property for which he paid the fees.
Original Author:
Hemsley, Sid
Land Swap between the City and Owner of Private Property
Legal Opinion (Created: 12/15/2008; Reviewed: October 19, 2018)

MTAS was asked whether the city can enter into a land swap agreement with private parties, and what rules govern such transactions.
Original Author:
Hemsley, Sid
Landowner's Liability under Tennessee's Natural Flow Rule
Legal Opinion (Created: 09/24/2009; Reviewed: December 19, 2016)

MTAS was asked whether under Tennessee's natural flow rule, a landowner is liable for flooding caused by vegetative growth in a watercourse that crosses his land.
Original Author:
Ashburn, Melissa
Law Enforcement Off-Duty Employment, or Moonlighting
Legal Opinion (Created: 10/26/2011; Reviewed: June 21, 2017)

MTAS was asked whether FLSA applies regarding overtime, what the city's liability is regarding worker's comp, and about general city liability. Includes opinions from TML, DOL, and TAG.
Original Author:
Hemsley, Sid
Laws Applying to Municipal-Sponsored Festivals and Fairs
Legal Opinion (Created: 04/18/2008; Reviewed: October 19, 2018)

MTAS was asked about prohibiting fund-raising activities at the festival, prohibiting the sale of merchandise that does not qualify as arts and crafts, and restricting the kinds of merchandise that property owners abutting the festival sites can sell that compete with the arts and crafts sold at the festival.
Original Author:
Hemsley, Sid
Laying a Motion on the Table While a Vote Is Being Taken
Legal Opinion (Created: 07/25/2008; Reviewed: February 22, 2010)

MTAS was asked several questions pertaining to the effect of the motion adopted by the board of mayor and aldermen to lay a measure on the table.
Original Author:
Shechter, Leslie
Lease with Airport and Appointment to Electric System Board
Legal Opinion (Created: 06/09/1993; Reviewed: April 21, 2017)

MTAS was asked whether a lease with a "fixed base operator" at the municipal airport that is due to expire must be publicly bid and how members to the Electric System board are appointed.
Original Author:
Hemsley, Sid
Leasing of Municipal Cemeteries
Legal Opinion (Created: 08/17/2006; Reviewed: May 31, 2017)

MTAS was asked to analyze the question of whether a city could lease a cemetery to a private business.
Original Author:
Hemsley, Sid
Legal Effect of Warning Signs
Legal Opinion (Created: 05/13/2009; Reviewed: October 7, 2020)

MTAS was asked about the legal effect of "Slow Children Playing" and similar warning signs.
Original Author:
Hemsley, Sid
Legal Effect on the City for an Illegally Issued Building or Zoning Permit
Legal Opinion (Created: 09/09/2002; Reviewed: December 19, 2016)

MTAS was asked whether the city is liable for the cost of moving a mobile home illegally placed in an R-2 zone, but placed there pursuant to a building permit erroneously issued by the building inspector to the owner of the mobile home.
Original Author:
Hemsley, Sid
Legal Fees and Court Costs of a City Employee
Legal Opinion (Created: 03/21/2003; Reviewed: May 9, 2017)

MTAS was asked whether the city can pay the legal fees and court costs of an employee who was placed on pretrial diversion for misuse of city funds.
Original Author:
Hemsley, Sid
Legal Requirement for an Architect to Design Public Buildings
Legal Opinion (Created: 07/26/1994; Reviewed: March 20, 2017)

MTAS was asked whether it is necessary for a licensed architect or engineer to draft the plans for a new fire hall.
Original Author:
Hemsley, Sid
Legality of a Business Owner to Put Iron Rods on the Edge of a Highway
Legal Opinion (Created: 07/18/2011; Reviewed: October 7, 2020)

MTAS was asked whether it is legal for the owner of a certain business to have put several iron rods into the pavement on the edge of a highway, which, presumably, the owner of the business thinks is the eastern limit of that highway, when the right of way is undoubtedly wider than the pavement.
Original Author:
Ashburn, Melissa
Legality of a Christian Cross Located on Top of a Town Water Tower
Legal Opinion (Created: 11/11/2011; Reviewed: May 26, 2017)

MTAS was asked whether an arrangement, where a local bank leased with the Town for water tower space and placed a Christian cross on top of the tower, is a violation of the Establishment Clause of the U.S. Constitution.
Original Author:
Hemsley, Sid
Legality of a Contract
Legal Opinion (Created: 04/27/2011; Reviewed: June 27, 2017)

MTAS was asked whether there is an enforceable contract between the city and a certain company under facts related in an opinion to city.
Original Author:
Pullen, Mark
Legality of a Garbage Contract by City with One Company
Legal Opinion (Created: 12/14/1995; Reviewed: May 25, 2017)

MTAS was asked about the legality of a garbage contract by city with one company.
Original Author:
Hemsley, Sid
Legality of a Separation Allowance Made to a Police Officer
Legal Opinion (Created: 12/07/1990; Reviewed: September 11, 2017)

MTAS was asked whether it is legal for the board of mayor and aldermen to approve the payment of a "separation allowance" to a police officer.
Original Author:
Hemsley, Sid
Legality of Annexing a Piece of Property by Referendum
Legal Opinion (Created: 03/28/2012; Reviewed: October 19, 2018)

MTAS was asked to analyze the question of whether it is legal for the city to annex by referendum a certain rock quarry several miles from the city as the roads meander.
Original Author:
Hemsley, Sid
Legality of City Contracting with Utility District Water System to Collect City's Sewer Charges
Legal Opinion (Created: 12/20/1990; Reviewed: June 27, 2017)

MTAS was asked whether the city and the utility district can contract for the utility district to cut off the water of the city's delinquent sewer customers without the contract also providing for the utility district to handle the city's sewer service billing.
Original Author:
Hemsley, Sid
Legality of City in Accepting a Certain Street
Legal Opinion (Created: 03/23/1994; Reviewed: October 7, 2020)

MTAS was asked whether the city acted legally in accepting a certain street.
Original Author:
Hemsley, Sid
Legality of City-County Sales Tax Allocation Agreement
Legal Opinion (Created: 04/13/1992; Reviewed: June 27, 2017)

MTAS was asked to determine whether there is any way for the city to get out of the contract under which the city waived its share of the sales tax to the county for a term ending upon the payment of a 2.4 million bond issue.
Original Author:
Huffer, Dennis
Legality of Fire Department Fees
Legal Opinion (Created: 03/22/2004; Reviewed: January 13, 2017)

MTAS was asked to research the legality of inspection fees and certain services.
Original Author:
Hemsley, Sid
Legality of Open-Ended Sales Tax Sharing Agreement with -- County
Legal Opinion (Created: 06/16/1995; Reviewed: June 27, 2017)

MTAS was asked the term of the contract between the City and County for the distribution of the city's share of the sales tax.
Original Author:
Hodge, Elisha
Legality of Ordinance Changing Staggered Four-Year Term of Office to Non-Staggered Two-Year Term of Office
Legal Opinion (Created: 10/15/2020; Reviewed: October 15, 2020)

MTAS was asked to give an opinion on the legality of an ordinance which changed the board of mayor and alderman from a staggered four-year term of office to a non-staggered two-year term of office.
Original Author:
Hemsley, Sid
Legality of Requiring Police Officer Candidates to Move into the City If They Are Hired
Legal Opinion (Created: 02/02/1998; Reviewed: January 3, 2017)

MTAS was asked whether it is legal to require police officer candidates to move into the city if they are hired.
Original Author:
Hemsley, Sid
Legality of the County Charging a Tipping Fee
Legal Opinion (Created: 09/20/1994; Reviewed: March 20, 2017)

MTAS was asked whether it is illegal "double taxation" for the county to charge a tipping fee.
Original Author:
Hemsley, Sid
Legality of Utility Service Contract Between State and City
Legal Opinion (Created: 04/28/1997; Reviewed: October 19, 2018)

MTAS was asked whether the contract between the Tennessee Department of Corrections and the City under which the latter provides the former's prison with water, sewer, and gas services is invalid because the state turned over the operation of the prison to a private company.
Original Author:
Huffer, Dennis
Legality of Wrecker Ordinance
Legal Opinion (Created: 08/25/2003; Reviewed: May 4, 2020)

MTAS was asked to research the legality of a wrecker ordinance.
Original Author:
Hemsley, Sid
Length of Term of Members of the Utility Board Who Are Also Members of the City Council
Legal Opinion (Created: 03/15/2007; Reviewed: October 19, 2018)

MTAS was asked whether the city council can replace a member of the utility board who was a member of the city council but was not re-elected to office.
Original Author:
Hemsley, Sid
Levying an Amusement Tax
Legal Opinion (Created: 05/04/1994; Reviewed: October 24, 2016)

MTAS was asked whether the Town can levy an amusement tax.
Original Author:
Moore, Todd
Levying Personal Property Taxes on Privately-Owned Property at the Airport
Legal Opinion (Created: 09/20/1995; Reviewed: October 26, 2016)

MTAS was asked whether a city may assess personal property taxes against property at an airport outside city limits.
Original Author:
Hemsley, Sid
Levying Taxes to Fund the Operation of City Schools and the Methods of School Consolidation
Legal Opinion (Created: 05/24/1991; Reviewed: April 9, 2010)

MTAS was asked whether the City Council can give the school board the authority to levy taxes to fund the operation of city schools and what the methods of school consolidation are in Tennessee.
Original Author:
Hemsley, Sid
Liability and Ownership of Sidewalks
Legal Opinion (Created: 09/03/1998; Reviewed: October 7, 2020)

MTAS was asked if the city owns the sidewalks and is liable for damages and injuries caused from their disrepair.
Original Author:
Moore, Todd
Liability for Codes Inspections
Legal Opinion (Created: 08/23/1996; Reviewed: February 13, 2017)

MTAS received questions regarding the adoption of plumbing codes in a city.
Original Author:
Huffer, Dennis
Liability for Private Sprinkler Systems
Legal Opinion (Created: 01/07/2003; Reviewed: May 23, 2017)

MTAS was asked about potential liability that could be imposed on the Town for certain deficiencies in private sprinkler systems that the Town is thinking of mandating by ordinance.
Original Author:
Hemsley, Sid
Liability for Sewer Back-Ups
Legal Opinion (Created: 03/25/2011; Reviewed: May 18, 2017)

MTAS was asked whether a municipality is liable for sewer back-ups that cause damage to private property.
Original Author:
Hemsley, Sid
Liability of City Council for Mispaid Salaries
Legal Opinion (Created: 04/12/2004; Reviewed: May 11, 2017)

MTAS was asked to analyze the question of the liability of the members of the city council for mispaid salaries.
Original Author:
Hemsley, Sid
Liability of City for Damages under the Tennessee Governmental Tort Liability Act
Legal Opinion (Created: 08/29/2012; Reviewed: May 18, 2017)

MTAS was asked what the limits of liability of a municipality under the Tennessee Governmental Tort Liability Act (TGTLA) are, where the city has insurance in excess of the limits of that Act.
Original Author:
Huffer, Dennis
Liability Questions
Legal Opinion (Created: 06/06/2003; Reviewed: October 7, 2020)

MTAS was asked whether the city should maintain a drainage easement on private property, whether the issuance of a building permit somehow obligates the city to the applicant relative to liability, and about the statute of limitations under the TGTLA.
Original Author:
Hemsley, Sid
Liens for Demolition and Clean Up
Legal Opinion (Created: 07/18/1991; Reviewed: December 20, 2016)

A clean-up lien that followed behind the first lien would also put the former ahead of mortgagees and any other lien holder.
Original Author:
Hemsley, Sid
Liens for Slum Clearance and Clean Up
Legal Opinion (Created: 07/24/1991; Reviewed: December 20, 2016)

MTAS was asked whether a municipality has to file a lien for slum clearance and clean up.
Original Author:
Hodge, Elisha
Liquor sales on Sunday and sales of beer at retail liquor stores
Legal Opinion (Created: 08/08/2018; Reviewed: December 11, 2019)

MTAS responds to the following questions: At what time can restaurants sell liquor by the drink on Sundays; the time for a retail store to sell off-premises liquor on Sundays; and can a retail liquor store sell beer?
Original Author:
Ashburn, Melissa
Listing of Debts and Assets for GASB Compliance
Legal Opinion (Created: 01/08/2003; Reviewed: October 19, 2008)

MTAS was asked whether the city should list the assets and debts of the Utility Board when compiling the accounting sheets required by GASB.
Original Author:
Huffer, Dennis
Local Approval of General Laws of Local Application
Legal Opinion (Created: 08/30/2007; Reviewed: May 25, 2017)

A letter urging compliance with the State Constitution.
Original Author:
Hemsley, Sid
Location of a Cemetery
Legal Opinion (Created: 01/02/1997; Reviewed: May 31, 2017)

MTAS was asked whether there is any state law that prohibits the location of a cemetery within two miles (or any other distance) of a city.
Original Author:
Moore, Todd
Maintaining Health Insurance Coverage on a City Employee's Dependants While the Employee is on FMLA Leave
Legal Opinion (Created: 11/01/1995; Reviewed: January 3, 2017)

MTAS was asked whether the city must maintain health insurance coverage on a city employee's dependants while the employee is on FMLA leave.
Original Author:
Hemsley, Sid
Maintenance and Operation of Street Lighting on Interstate Highways
Legal Opinion (Created: 02/01/1999; Reviewed: October 19, 2018)

MTAS was asked whether the city can pay the county for the operation of certain street lights on the interstate highway system outside the city.
Original Author:
Hemsley, Sid
Making the Mayor Follow the Agenda
Legal Opinion (Created: 11/18/1996; Reviewed: March 22, 2010)

MTAS was asked how the city council can make the mayor follow the agenda and otherwise conduct meetings as prescribed by Roberts Rules of Order.
Original Author:
Hemsley, Sid
Management of City Parks
Legal Opinion (Created: 11/07/2001; Reviewed: May 30, 2017)

MTAS was asked what powers the city has to pass regulations governing the use of the city park if there is a contract between the city and a non-profit management organization.
Original Author:
Huffer, Dennis
Mandatory Retirement Age for Police and Firefighters
Legal Opinion (Created: 01/03/2002; Reviewed: May 23, 2017)

MTAS was asked what the mandatory retirement age is for police and firefighters.
Original Author:
Bingham, Pamela
Manufactured/Modular Homes
Legal Opinion (Created: 10/01/1999; Reviewed: June 26, 2017)

MTAS was asked whether the city can enact local ordinances that would have the effect of excluding manufactured or modular homes from being situated inside the city's corporate boundaries, or by regulating such by zoning or land-use planning from land designated for residential use.
Original Author:
Hemsley, Sid
Material on the Regulation of Adult Bookstores
Legal Opinion (Created: 06/01/1995; Reviewed: May 5, 2017)

MTAS was asked to provide material on the regulation of adult bookstores in Tennessee.
Original Author:
O'Hara, Stephanie Allen
Maximum Fee For Bad Checks
Legal Opinion (Created: 04/24/2017; Reviewed: April 25, 2017)

A legal opinion on the maximum that a city can charge for a bad check.
Original Author:
Pullen, Mark
Mayor Can Vote to Break a Tie or Be a Member of the Quorum
Legal Opinion (Created: 06/29/1993; Reviewed: October 7, 2020)

MTAS was asked, if four alderman are required to make a quorum and several resign, leaving only three, whether the mayor may act as an alderman.
Original Author:
Ashburn, Melissa
Mayor Pro Tem to Hire Consulting Attorney
Legal Opinion (Created: 06/30/2003; Reviewed: November 5, 2020)

MTAS was asked to review ordinance permitting mayor pro tem to hire consulting attorney.
Original Author:
Shechter, Leslie
Mayor Refuses to Take an Oath of Office
Legal Opinion (Created: 03/01/1991; Reviewed: May 8, 2017)

MTAS was asked whether, if the mayor refuses to take an oath of office, his seat is considered vacant.
Original Author:
Huffer, Dennis
Mayor Serving as Unpaid Volunteer Reserve Police Officer
Legal Opinion (Created: 11/07/2003; Reviewed: November 5, 2020)

MTAS was asked whether the Mayor may legally serve as an unpaid volunteer reserve police officer.
Original Author:
Hemsley, Sid
Mayor Wishes to Appoint One of the Aldermen to the Planning Commission When the Mayor and One of the Aldermen Are Already Members of the Planning Commission
Legal Opinion (Created: 01/24/2003; Reviewed: June 21, 2017)

MTAS was asked whether the mayor can appoint members of the city's governing body to the planning commission as "citizen" members of that commission.
Original Author:
Hemsley, Sid
Mayor's Authority Relative to the Authority of the Board of Mayor and Aldermen.
Legal Opinion (Created: 06/15/1995; Reviewed: June 12, 2017)

MTAS was asked two questions related to the mayor's authority relative to the authority of the board of mayor and aldermen.
Original Author:
Hemsley, Sid
Mayor's Compensation and COLA
Legal Opinion (Created: 05/11/2010; Reviewed: June 12, 2017)

MTAS was asked whether the language in the city charter either entitles or authorizes the mayor to cost of living increases.
Original Author:
Shechter, Leslie
Mayor's Obligation to Carry Out the Will of the Board
Legal Opinion (Created: 02/11/1993; Reviewed: October 28, 2009)

MTAS was asked whether the Mayor can refuse to sign a contract that the Board of Aldermen have voted to approve.
Original Author:
Hemsley, Sid
Mayor's Replacement of Planning Commission
Legal Opinion (Created: 09/28/2011; Reviewed: October 19, 2018)

MTAS was asked about the tenure of the planning commission members and other issues.
Original Author:
Hemsley, Sid
Mayor's Right to Make Motions and Speak on Matters before the City Council
Legal Opinion (Created: 07/06/2010; Reviewed: July 23, 2010)

MTAS was asked whether the mayor may make motions and speak on matters on issues on which he has the right to vote.
Original Author:
Hemsley, Sid
Mayor's Right to Vote or Make Motions
Legal Opinion (Created: 04/01/2008; Reviewed: June 12, 2017)

MTAS was asked whether the mayor had the right to vote or make motions.
Original Author:
Huffer, Dennis
Mayor's Salary
Legal Opinion (Created: 03/06/2002; Reviewed: May 8, 2017)

The Tennessee Constitution has a provision prohibiting the General Assembly from adopting a local or private act that would alter a local officer's salary before the end of the term
Original Author:
Hemsley, Sid
Mayor's Salary and COLA
Legal Opinion (Created: 03/18/2008; Reviewed: June 12, 2017)

MTAS was asked whether the mayor is entitled to COLA under Article XI, Section 9 of the Tennessee Constitution, and if he is now, whether he must pay back COLA's paid to him.
Original Author:
Hemsley, Sid
Mayor's Salary and Compensation Are Not the Same Thing
Legal Opinion (Created: 08/14/2002; Reviewed: June 12, 2017)

MTAS was asked to analyze the law governing the salary and compensation of the mayor.
Original Author:
Hemsley, Sid
Mayor's Voting in Planning Commission Meetings
Legal Opinion (Created: 01/20/2005; Reviewed: June 21, 2017)

MTAS was asked whether the mayor has a voice on the planning commission when he has appointed a substitute under TCA 13-4-101 or 6-54-112.
Original Author:
Hemsley, Sid
McCain-Feingold Campaign Reform Act
Legal Opinion (Created: 06/26/2001; Reviewed: May 8, 2017)

A city cannot pass a model of the McCain-Feingold Campaign Reform Act for local application.
Original Author:
Hemsley, Sid
Meaning of a Full Board
Legal Opinion (Created: 07/25/1996; Reviewed: May 31, 2017)

MTAS was asked what a 'full board' is within the meaning of the personnel regulation of the city that entitles an employee to appeal a personnel action to the 'full board.'
Original Author:
Ashburn, Melissa
Meaning of Majority Vote for Planning Commission
Legal Opinion (Created: 07/24/2003; Reviewed: June 21, 2017)

MTAS was asked whether a majority of the body is required to vote in the affirmative for approval of a matter, or if a majority of the quorum is sufficient.
Original Author:
Hemsley, Sid
Measuring Methods Used in Beer Distance Regulations
Legal Opinion (Created: 09/10/2008; Reviewed: May 31, 2017)

MTAS was asked what measuring methods are used in beer distance regulations when a city's ordinance does not provide for those methods.
Original Author:
Hemsley, Sid
Merger of Municipal Utilities
Legal Opinion (Created: 05/14/2001; Reviewed: August 18, 2017)

MTAS was asked to explain the legal process for merging the water systems of two cities.
Original Author:
Hemsley, Sid
Minority Set-Aside Program
Legal Opinion (Created: 06/21/2001; Reviewed: May 5, 2017)

MTAS was asked to evaluate the County Disadvantaged Business Enterprise Utilization Guidelines.
Original Author:
Hemsley, Sid
Minority Set-Asides
Legal Opinion (Created: 06/27/2002; Reviewed: May 5, 2017)

MTAS was asked whether minority set-aside quotas or set-aside goals are legal on the part of Tennessee municipalities.
Original Author:
Ashburn, Melissa
Minority Set-Asides
Legal Opinion (Created: 03/05/2002; Reviewed: June 27, 2017)

MTAS was asked whether an agreement between a city and a developer of a large construction project may specify a percentage of subcontracts on the project to be awarded, or set aside, for minority contractors.
Original Author:
Hemsley, Sid
Misuse of City Equipment in Political Campaigns
Legal Opinion (Created: 06/26/2006; Reviewed: May 11, 2017)

MTAS was asked whether the fire chief may take the city's fire engine to a political rally for the city attorney.
Original Author:
Hemsley, Sid
Mobile Homes as Preexisting Nonconforming Uses
Legal Opinion (Created: 08/04/2012; Reviewed: October 19, 2018)

MTAS was asked whether the city can adopt regulations that allow mobile home owners to rebuild on the original footprint of a structure destroyed by fire, or other reasons.
Original Author:
Hemsley, Sid
Moral Turpitude
Legal Opinion (Created: 05/10/2001; Reviewed: May 31, 2017)

MTAS was asked if DUI and passing a bad check are offenses involving moral turpitude.
Original Author:
Hemsley, Sid
Moving a Building to Another Piece of Property
Legal Opinion (Created: 03/22/2011; Reviewed: December 23, 2016)

MTAS was asked whether a certain city resident could move a building to another piece of property without a building permit and includes surrounding issues that arose from that question.
Original Author:
Ashburn, Melissa
Municipal Judge, Without Concurrent Jurisdiction, Hearing State Misdemeanor Charges
Legal Opinion (Created: 07/17/2002; Reviewed: June 26, 2017)

MTAS researched the ability of a municipal judge, without concurrent jurisdiction, to hear state misdemeanor charges.
Original Author:
Hemsley, Sid
Municipal Liquor Inspection Fees
Legal Opinion (Created: 09/05/1997; Reviewed: October 4, 2017)

MTAS was asked whether the records that liquor wholesalers provide to the municipality under the law authorizing municipalities to impose a liquor inspection fee are open to the public.
Original Author:
Hemsley, Sid
Municipal Officers, Municipal Employees, Ministerial Officers, and General Supervision
Legal Opinion (Created: 09/03/2009; Reviewed: May 31, 2017)

MTAS was asked the difference between an officer and an employee, what is a ministerial officer, and what does the term "general supervision" mean with respect to a mayor's right to exercise general supervision over certain city officers or employees.
Original Author:
Pullen, Mark
Municipal Purchasing Act
Legal Opinion (Created: 10/25/1993; Reviewed: March 26, 2010)

MTAS was asked whether the city can enlarge or reduce the project size by up to 25% with the same unit price.
Original Author:
Hemsley, Sid
Municipal Regulations Governing Blasting
Legal Opinion (Created: 09/03/1993; Reviewed: May 23, 2017)

MTAS was asked whether Tennessee Code Annotated, ' 68-44-110 et seq. preempts any municipal regulations governing blasting.
Original Author:
Hemsley, Sid
Municipal Work on Private Property
Legal Opinion (Created: 01/22/2002; Reviewed: August 7, 2018)

Analyzes the law governing right of a city to spend money to make improvements on private property.
Original Author:
Hemsley, Sid
Municipality May Have to Return Money Paid By a User Who Was Billed for Sewer Service When No Sewer Service Was Provided or Available
Legal Opinion (Created: 07/02/1993; Reviewed: October 29, 2018)

MTAS was asked whether a municipality has to return money paid by an outside water user who was also billed for sewer service when no sewer service was provided or available.
Original Author:
Hemsley, Sid
MUTCD and Engineering Study for Traffic Light
Legal Opinion (Created: 09/04/2007; Reviewed: May 4, 2020)

Citizen ran a red light and alleges that he cannot be convicted of running the light because the installation of the light was not supported by an engineering study as required by the Manual on Uniform Traffic Control Devices (MUTCD).
Original Author:
Hemsley, Sid
Negotiating Price with the Low Bidder When There Is Only One Bid on a Municipal Purchase
Legal Opinion (Created: 02/04/1997; Reviewed: November 16, 2017)

MTAS was asked whether the city can negotiate price with the low bidder when there is only one bid on a municipal purchase.
Original Author:
Bingham, Pamela
Nepotism and Step-Children
Legal Opinion (Created: 10/27/1999; Reviewed: January 3, 2017)

MTAS was asked whether step-children should be added to the list of those who are precluded from being employed under the same line of supervision in the city.
Original Author:
Hemsley, Sid
NFPA Rules Governing Exits from Existing Business Occupancies
Legal Opinion (Created: 04/30/1997; Reviewed: May 23, 2017)

MTAS was asked to clarify the NFPA Rules governing exits from existing business occupancies, such as city and town halls.
Original Author:
Hemsley, Sid
Non-Resident of a Town Holding the Office of Alderman
Legal Opinion (Created: 06/15/1994; Reviewed: March 22, 2010)

MTAS was asked whether a non-resident of the town can hold the office of alderman.
Original Author:
Hemsley, Sid
Notice of a Special Meeting
Legal Opinion (Created: 09/29/2006; Reviewed: March 22, 2010)

How long in advance is the notice of a special meeting required to be given to the public?
Original Author:
Shechter, Leslie
Notification Necessary to Advertise Meetings of the Solid Waste Planning Board
Legal Opinion (Created: 07/24/1992; Reviewed: May 30, 2017)

MTAS was asked about the Tennessee Open Meetings Law and the kind of notification necessary to advertise meetings of the Solid Waste Planning Board since they will be meeting in several locations.
Original Author:
Huffer, Dennis
Oath of Office for Municipal Planning Commission Members
Legal Opinion (Created: 05/11/2007; Reviewed: October 29, 2018)

MTAS was asked whether members of a municipal planning commission must take an oath of office.
Original Author:
Shechter, Leslie
Obligation of Mayor to Countersign Payroll Checks
Legal Opinion (Created: 06/07/1993; Reviewed: June 2, 2017)

MTAS was asked whether the mayor has any discretion to refuse to countersign payroll checks.
Original Author:
Huffer, Dennis
Obligation of Town to Honor Renewal Provision in a Lease
Legal Opinion (Created: 11/02/2007; Reviewed: May 25, 2017)

MTAS was asked whether the Town is obligated to honor a renewal provision in a lease.
Original Author:
Hemsley, Sid
Obligation to Stabilize Riverbank and Street
Legal Opinion (Created: 05/15/2001; Reviewed: June 19, 2017)

MTAS was asked whether the City has an obligation to stabilize a certain part of a riverbank and a closed street that is also being eroded.
Original Author:
Hemsley, Sid
Obtaining Utility Payments from a Bankrupt Mobile Home Court
Legal Opinion (Created: 05/18/2007; Reviewed: May 17, 2017)

MTAS was asked what remedy the city has against the owner of a single-metered mobile home court with 80 mobile homes who owes a water bill of $16,000 and who has filed for bankruptcy.
Original Author:
Hemsley, Sid
One-Way Street in Front of School
Legal Opinion (Created: 05/01/1997; Reviewed: May 4, 2020)

MTAS was asked whether the one-way street in front of the school can be made a 'not through street,' so that the business owner and the two or three other property owners whose access to their property is inconvenienced when school starts and when it ends each day can drive against the one way traffic to reach their property.
Original Author:
Ashburn, Melissa
Open Meetings Act Question
Legal Opinion (Created: 05/09/2003; Reviewed: March 19, 2010)

MTAS was asked whether an "intervention" meeting of board of mayor and aldermen, in which focus is team building and better relations among board members, is subject to the Open Meetings Act.
Original Author:
Bingham, Pamela
Open-Air Fires and Unattended Fires
Legal Opinion (Created: 02/12/1999; Reviewed: May 16, 2017)

MTAS was asked for an opinion on brush burning operations.
Original Author:
Hemsley, Sid
Opening Mail by Municipal Offices and Officers
Legal Opinion (Created: 02/02/2011; Reviewed: January 3, 2017)

MTAS was asked whether the city can adopt a policy of having one person or office open all mail that comes to the city or city offices before it is routed to the addressee.
Original Author:
Ashburn, Melissa
Ordinance in Conflict with Charter and General Law
Legal Opinion (Created: 04/16/2003; Reviewed: October 24, 2016)

An ordinance limiting the power of taxation conflicts with the charter and general law.
Original Author:
Huffer, Dennis
Ordinance Passed on Second Reading in Violation of Rules of Procedure
Legal Opinion (Created: 04/19/2006; Reviewed: June 15, 2017)

MTAS was asked about the validity of an ordinance passed on the second and final reading in violation of the rules of procedure adopted by the City Council and what should be done to adopt the ordinance validly if this was not done.
Original Author:
Hemsley, Sid
Ordinance Publication Requirement
Legal Opinion (Created: 08/08/1996; Reviewed: May 16, 2017)

MTAS was asked whether an ordinance must be published if the city's charter contains no ordinance publication requirement.
Original Author:
Huffer, Dennis
Ordinance Violation and Appeal as a Civil Rather Than Criminal Proceeding
Legal Opinion (Created: 02/15/2005; Reviewed: June 26, 2017)

MTAS was asked whether an appeal of an ordinance violation to circuit court by the defendant would be considered a civil or criminal matter.
Original Author:
Huffer, Dennis
Ouster of Commissioner
Legal Opinion (Created: 09/11/2003; Reviewed: May 30, 2017)

MTAS was asked whether the City would have to use the procedure in Tennessee Code Annotated, ' 6-20-220, to oust a commissioner or whether the City could use the general ouster law (T.C.A. ' 8-47-101, et seq.).
Original Author:
Hemsley, Sid
Outside Utility Rate Discrimination
Legal Opinion (Created: 05/19/2009; Reviewed: December 18, 2018)

MTAS was asked several questions related to charging outside utility customers higher rates than inside utility customers.
Original Author:
Hemsley, Sid
Overriding the Decision of the Beer Board to Grant a Beer -- Permit
Legal Opinion (Created: 12/11/1998; Reviewed: June 19, 2017)

MTAS was asked whether the city's governing body can override the decision of the beer board to grant a beer permit.
Original Author:
Hemsley, Sid
Overtime Compensation for E-911 Dispatchers
Legal Opinion (Created: 03/26/1998; Reviewed: January 11, 2017)

MTAS was asked whether E-911 dispatchers qualify for the 207(k) exemption for the purpose of working them 43 hours a week before they are eligible for overtime compensation.
Original Author:
Hemsley, Sid
Overtime Compensation for Police Chief under FLSA
Legal Opinion (Created: 01/03/2007; Reviewed: June 21, 2017)

MTAS was asked whether the police chief was entitled to overtime compensation under the FLSA and the city's personnel policies.
Original Author:
Hemsley, Sid
Overtime Compensation for Training Time for Police Officers
Legal Opinion (Created: 10/21/2002; Reviewed: January 3, 2017)

MTAS was asked whether cities must pay overtime with respect to police officers attending law enforcement training academy.
Original Author:
Hemsley, Sid
Overturning the Decision of the City Manager in Demoting the Police Chief
Legal Opinion (Created: 12/08/1993; Reviewed: May 31, 2017)

MTAS was asked whether the city commission can overturn the decision of the city manager in demoting the police chief.
Original Author:
Hemsley, Sid
Package Liquor v. Liquor by the Drink
Legal Opinion (Created: 11/07/2008; Reviewed: June 20, 2017)

The General Assembly has passed a body of statutes regulating the sale of both package liquor and liquor by the drink.
Original Author:
Hemsley, Sid
Participation of the Volunteer Fire Department in a Fund Raising Project
Legal Opinion (Created: 07/31/1992; Reviewed: June 27, 2017)

MTAS was asked whether the Volunteer Fire Department can legally participate in a fund raising project.
Original Author:
Shechter, Leslie
Passing a Resolution Authorizing Volunteers to Provide Fire Protection Within the City Limits
Legal Opinion (Created: 03/12/1993; Reviewed: June 27, 2017)

MTAS was asked about the advisability of some residents of the City forming a volunteer fire department and contracting with the City to provide services.
Original Author:
Hemsley, Sid
Passing Regulations on Structures and Excavations in Street Rights-of-Way
Legal Opinion (Created: 07/01/1998; Reviewed: May 5, 2020)

MTAS was asked whether cities in Tennessee can pass regulations on structures and excavations in their street rights-of-way and on private property that abuts their street rights-of-way .
Original Author:
Hemsley, Sid
Passing Weight Limits on City Streets
Legal Opinion (Created: 11/07/1994; Reviewed: May 5, 2020)

MTAS was asked whether the town can pass weight limits upon its streets.
Original Author:
Hemsley, Sid
Paving Eight Streets under a Bid for the Reconstruction of Another Street
Legal Opinion (Created: 04/05/1994; Reviewed: May 5, 2020)

MTAS was asked whether the city can pave eight streets under a bid that was never accepted for the reconstruction of another street, but which had a separate paving price component.
Original Author:
Shechter, Leslie
Pay for Seasonal Employees
Legal Opinion (Created: 03/19/1993; Reviewed: September 11, 2017)

MTAS was asked whether the City could pay umpires, scorekeepers, and others working just the summer months by the game rather than hourly wages or a specific salary.
Original Author:
Hemsley, Sid
Paying City Commission Members for Serving on Beer Board
Legal Opinion (Created: 08/13/2003; Reviewed: May 31, 2017)

MTAS was asked whether city council members can be paid extra compensation for service on the beer board.
Original Author:
Ashburn, Melissa
Paying for New Court Software
Legal Opinion (Created: 12/13/2007; Reviewed: June 26, 2017)

MTAS was asked how the City may pay for new court software and whether a $10.00 charge may be levied per ticket for these purposes.
Original Author:
Hemsley, Sid
Paying Interest on Contractor's Performance Bonds Deposited in Cash and Taking up Business Not Contained in the City Council Agenda
Legal Opinion (Created: 09/16/1996; Reviewed: October 27, 2009)

MTAS was asked whether a city is required to pay interest on contractor's performance bonds deposited in cash and, at regular meetings, can the city council take up business not contained in the agenda.
Original Author:
Hemsley, Sid
Payment in Lieu of Insurance Coverage
Legal Opinion (Created: 06/05/2001; Reviewed: October 3, 2017)

MTAS was asked whether a city can end a program under which several city employees received in pay the equivalent of the cost of their insurance coverage under the city's health insurance program.
Original Author:
Hemsley, Sid
Payment of In Lieu of Taxes by a Municipal Water System
Legal Opinion (Created: 01/15/2003; Reviewed: October 26, 2016)

MTAS was asked whether a municipal water system can pay in lieu of taxes.
Original Author:
Hemsley, Sid
Permanent Utility Easement and Temporary Construction Easement
Legal Opinion (Created: 08/26/2011; Reviewed: June 6, 2017)

Several questions are raised in this opinion, including, do the property owners who granted the easement have any remedy against the city and are there issues of liability of the electrical cooperative to the city and to the owners of the property.
Original Author:
Hemsley, Sid
Personnel Authority of City Judges
Legal Opinion (Created: 10/02/2000; Reviewed: June 26, 2017)

MTAS was asked whether the City Judge has the authority to appoint, discipline, and remove the court clerk and deputy court clerk.
Original Author:
Hemsley, Sid
Personnel Powers of City Manager v. Council
Legal Opinion (Created: 04/22/1998; Reviewed: May 31, 2017)

MTAS was asked whether any individual member of the city council, or the city council as a body, has the authority to require the city manager to dismiss or to take any other personnel action against a city employee, or to give orders or instructions to city employees.
Original Author:
Moore, Todd
Placing Flashing Lights in School Zones
Legal Opinion (Created: 05/23/1996; Reviewed: December 20, 2016)

MTAS was asked whether the city was responsible for placing flashing lights in the school zones located within the city on state controlled access highways.
Original Author:
Hemsley, Sid
Planning and Zoning under Chapter 1101
Legal Opinion (Created: 10/12/2001; Reviewed: December 19, 2016)

MTAS was asked the impact of Chapter 1101 on the planning and subdivision authority of cities.
Original Author:
Ashburn, Melissa
Planning Committee Issues
Legal Opinion (Created: 04/21/2003; Reviewed: December 18, 2018)

MTAS was asked to research the potential liabilities of a city with regard to subdivision development located outside the city boundaries that had initial approval of, and oversight from, planning commission.
Original Author:
Ashburn, Melissa
Police Department Conducting a Forfeiture Sale
Legal Opinion (Created: 07/01/2011; Reviewed: June 21, 2017)

MTAS was asked whether a police department can conduct a forfeiture sale under T.C.A. 40-33-107.
Original Author:
Hemsley, Sid
Police Liability for Damages to Buildings in the Process of Searches in Exigent Circumstances
Legal Opinion (Created: 11/17/2010; Reviewed: July 6, 2020)

MTAS was asked whether the police are liable for damages done to private property that occur when they obtain entry to a building and seize a person's property under a search warrant or under exigent circumstances.
Original Author:
Pullen, Mark
Police Officers Who Have Not Been Certified Should Be Strictly Limited to Twenty Hours a Week
Legal Opinion (Created: 01/29/1996; Reviewed: June 2, 2017)

MTAS was asked, where several police officers have not attended the Peace Officers Standard Training (POST) course, exactly how many hours can these officers work under Tennessee law.
Original Author:
Hemsley, Sid
Police Opening Locked Car Doors for Motorists
Legal Opinion (Created: 06/18/2007; Reviewed: June 21, 2017)

MTAS was asked whether unlocking car doors for motorists is in the official line of duty of police officers.
Original Author:
Hemsley, Sid
Pool Room Regulations
Legal Opinion (Created: 12/18/2001; Reviewed: May 5, 2017)

While a number of cities still have pool and billiard parlor regulations, many provisions in them, and perhaps the entire regulations themselves, would not withstand legal scrutiny today.
Original Author:
Ashburn, Melissa
Potential Removal of Officer Under Charter
Legal Opinion (Created: 04/05/2004; Reviewed: March 22, 2010)

A city inquired about the removal of a commissioner under the charter provision permitting the removal of an officer.
Original Author:
Pullen, Mark
Potential Tort Liability Due to a Street Design
Legal Opinion (Created: 08/30/1996; Reviewed: May 18, 2017)

MTAS was asked whether the town has potential tort liability due to a street design.
Original Author:
Ashburn, Melissa
Power of Municipal Judge to Order Traffic Offender to Attend Specific Driver Safety Classes
Legal Opinion (Created: 09/23/2004; Reviewed: June 26, 2017)

MTAS was asked if a municipal judge may order traffic offenders to attend a city operated course for traffic offenders.
Original Author:
Hemsley, Sid
Power of Subpoena
Legal Opinion (Created: 04/03/1996; Reviewed: May 31, 2017)

MTAS was asked whether the board of mayor and aldermen, sitting as the beer board, have the power of subpoena with respect to hearing beer ordinance violation cases.
Original Author:
Hemsley, Sid
Powers of a Mayor Who Has the Power of General Supervision
Legal Opinion (Created: 06/14/2012; Reviewed: June 14, 2017)

MTAS was asked several questions related to the power of the mayor and the difference between an officer and an employee.
Original Author:
Hemsley, Sid
Powers of the Mayor
Legal Opinion (Created: 02/14/2011; Reviewed: June 14, 2017)

MTAS was asked several questions about what powers the mayor has with respect to officers and employees of the city.
Original Author:
Hemsley, Sid
Pre-Existing Nonconforming Use Law Applied to Residential Mobile Homes
Legal Opinion (Created: 02/14/2006; Reviewed: June 20, 2017)

MTAS was asked whether a mobile home used as rental property comes within the protection of Tennessee's pre-existing non-conforming use law.
Original Author:
Hemsley, Sid
Preventing Encroachment on the City Right of Way
Legal Opinion (Created: 06/19/1996; Reviewed: May 5, 2020)

MTAS was asked how the city enforces its ordinance preventing encroachment on the city right of way "with signs, for sale cars, and some large, brick driveway entrance structures."
Original Author:
Ashburn, Melissa
Probationary Employee Entitled to Pay for Military Leave
Legal Opinion (Created: 06/03/2011; Reviewed: May 15, 2017)

MTAS was asked whether a probationary police officer, who had guard training on the weekend, is entitled to military leave and payment for work he missed during training.
Original Author:
Ashburn, Melissa
Procedure for a Larger Municipality to Annex a Smaller Muncipality
Legal Opinion (Created: 07/28/2003; Reviewed: December 18, 2018)

MTAS was asked to research the procedure for a smaller city to be taken over, or annexed, into a larger city.
Original Author:
Huffer, Dennis
Procedures for Considering and Adopting a Budget
Legal Opinion (Created: 08/08/2005; Reviewed: July 15, 2017)

MTAS was asked what procedures the Town should use in considering and adopting a budget.
Original Author:
Hemsley, Sid
Prohibiting a Police Officer from Moonlighting as a Security Guard
Legal Opinion (Created: 03/01/1993; Reviewed: January 3, 2017)

MTAS was asked whether the Police Department Manual prohibits a police officer from moonlighting as a security guard at the Community College.
Original Author:
Hemsley, Sid
Prohibiting by Ordinance the Broadcasting of Meetings of the City's Governing Body
Legal Opinion (Created: 10/21/1996; Reviewed: March 22, 2010)

MTAS was asked whether the city by ordinance can prohibit the broadcasting of meetings of the city's governing body.
Original Author:
Ashburn, Melissa
Prohibiting Development of Private Property
Legal Opinion (Created: 04/01/2004; Reviewed: December 19, 2016)

MTAS was asked whether the city may restrict development of private property until a new school site is chosen.
Original Author:
Hemsley, Sid
Prohibiting the Practice of Hypnotism
Legal Opinion (Created: 01/26/2005; Reviewed: June 15, 2017)

MTAS was asked whether a city can adopt and enforce an ordinance prohibiting the practice of hypnotism.
Original Author:
Hemsley, Sid
Prohibiting Three Axle Vehicles on a Certain City Street
Legal Opinion (Created: 10/09/1997; Reviewed: May 5, 2020)

MTAS was asked whether the city can prohibit three (and more) axle vehicles on a certain city street that is the exclusive service road for a mobile home dealer in Georgia?
Original Author:
Bingham, Pamela
Prohibition Against Collective Bargaining
Legal Opinion (Created: 04/20/2000; Reviewed: May 31, 2017)

MTAS was asked for a brief opinion with respect to the authority of local governments to enter into collective bargaining agreements with various employees.
Original Author:
Hemsley, Sid
Property Annexed Before and During Construction
Legal Opinion (Created: 06/24/2002; Reviewed: December 23, 2016)

MTAS was asked to analyze the law governing the application of a city's building and utility codes to annexed property before and during construction.
Original Author:
Hemsley, Sid
Property Rights in Employment
Legal Opinion (Created: 05/05/2005; Reviewed: May 11, 2017)

MTAS was asked whether the city can provide employees greater property rights in employment than is provided in the charter.
Original Author:
Ashburn, Melissa
Proposed Gift of Real Property from County School Board to City
Legal Opinion (Created: 05/27/2005; Reviewed: December 19, 2016)

MTAS was asked whether the City may receive a gift of real property from the County School Board.
Original Author:
Hemsley, Sid
Proposed Handbill Ordinance
Legal Opinion (Created: 03/09/1993; Reviewed: May 17, 2017)

MTAS was asked to review a proposed handbill ordinance for its legal soundness.
Original Author:
Ashburn, Melissa
Proposed Moratorium on Rezoning City-Owned Property
Legal Opinion (Created: 02/11/2002; Reviewed: June 27, 2017)

MTAS was asked if a city could enter into an agreement with a developer to refrain from rezoning city-owned property for commercial use for a period of five years.
Original Author:
Hemsley, Sid
Proposed Planned Unit Development (PUD) for a Mobile Home Park
Legal Opinion (Created: 03/27/1996; Reviewed: December 21, 2018)

MTAS was asked several questions with a respect to a proposed planned unit development (PUD) for a mobile home park.
Original Author:
Bingham, Pamela
Propriety of a Municipality Donating Money to a Religious Cause in Return for Free Counseling Services to Police Officers and Firefighters
Legal Opinion (Created: 10/30/1997; Reviewed: June 30, 2017)

MTAS was asked about the propriety of a municipality donating money to a religious cause in return for 'free' counseling services to police officers and firefighters.
Original Author:
Hemsley, Sid
Protection of Single-Wide Mobile Homes as a Pre-Existing Nonconforming Use
Legal Opinion (Created: 05/11/2007; Reviewed: June 20, 2017)

MTAS was asked whether, and under what conditions, single-wide mobile homes have protection as a preexisting nonconforming use.
Original Author:
Hemsley, Sid
Providing City Water Service Inside a Utility District's Service Area
Legal Opinion (Created: 06/10/2003; Reviewed: December 21, 2018)

MTAS was asked whether the city utility system can provide utility service to property inside the utility district, under both federal and state law.
Original Author:
Hemsley, Sid
Providing Health Insurance to the City Attorney
Legal Opinion (Created: 08/03/1994; Reviewed: June 24, 2017)

MTAS was asked whether the city can provide health insurance to the city attorney.
Original Author:
Hemsley, Sid
Provision of Insurance to Municipal Officers and Employees
Legal Opinion (Created: 08/31/2001; Reviewed: August 3, 2017)

MTAS was asked whether a city can provide health insurance to the department heads and/or their families, to the exclusion of all other city employees?
Original Author:
Hemsley, Sid
Proxy Voting by the Board of Mayor and Aldermen
Legal Opinion (Created: 01/13/1992; Reviewed: March 22, 2010)

MTAS was asked whether proxy voting by the board of mayor and aldermen is allowed.
Original Author:
Jones, Josh
Public Purpose Doctrine
Legal Opinion (Created: 08/10/2009; Reviewed: December 21, 2018)

MTAS was asked about the legality of a city and church sharing in the costs of constructing a fence on an easement.
Original Author:
Huffer, Dennis
Purchase by Councilmember Through City
Legal Opinion (Created: 06/13/2003; Reviewed: November 16, 2017)

MTAS was asked to research laws implicated when councilmember makes personal purchase through city, receiving discounted price and avoiding sales tax.
Original Author:
Hemsley, Sid
Purchasing Law and Sales Tax Liability
Legal Opinion (Created: 04/25/2002; Reviewed: December 19, 2016)

MTAS was asked whether a city can 'split' purchases for goods or services to bring purchases under dollar limits contained in the city's purchasing law and whether a contractor who installs material purchased by the city for city projects is required to pay the sales tax on such material.
Original Author:
Hemsley, Sid
Questions About Amending a Proposed Ordinance Between Readings and the Secretary of the Planning Commission
Legal Opinion (Created: 05/13/1998; Reviewed: February 24, 2010)

MTAS was asked whether a proposed ordinance can be amended between readings and whether the secretary of the planning commission is a public officer.
Original Author:
Hemsley, Sid
Questions Arising When No City Manager Is Currently Serving
Legal Opinion (Created: 12/20/2004; Reviewed: May 31, 2017)

MTAS was asked about the relationship between the city manager and the city under the general law manager-commission charter and the question of whether the city can appoint a temporary city manager who does not have the 12 month protection under the charter.
Original Author:
Hemsley, Sid
Questions on Capital Outlay Notes
Legal Opinion (Created: 04/15/1994; Reviewed: October 30, 2009)

MTAS was asked two questions on capital outlay notes.
Original Author:
Bingham, Pamela
Questions on City Streets
Legal Opinion (Created: 12/15/1999; Reviewed: May 5, 2020)

MTAS was asked several questions about municipal streets.
Original Author:
Hemsley, Sid
Questions Related to Overtime Compensation
Legal Opinion (Created: 05/20/1997; Reviewed: May 23, 2017)

MTAS was asked whether a full-time city employee who is also a volunteer firefighter is entitled to overtime compensation when his combined hours as a city employee and as a volunteer firefighter exceed 40 hours, whether a full-time firefighter who works in the water department on Saturdays is entitled to overtime for hours worked in excess of the hours he is permitted to work during his work period, and where a city employee does dissimilar work, how his overtime compensation is calculated.
Original Author:
Hemsley, Sid
Quorum with Mayor
Legal Opinion (Created: 10/04/2001; Reviewed: June 14, 2017)

MTAS was asked whether the mayor counts toward a quorum and may the mayor vote.
Original Author:
Hemsley, Sid
Quorum, Tie Votes, and Roberts Rules
Legal Opinion (Created: 10/30/1992; Reviewed: May 6, 2020)

MTAS was asked whether a certain proposed measure before the city council passed, or was there a tie vote on the proposed measure which the mayor could break.
Original Author:
Hemsley, Sid
Real Estate Signs in an Historical District
Legal Opinion (Created: 06/07/2004; Reviewed: May 23, 2017)

MTAS was asked whether the city can require real estate signs to contain notation that property indicated for sale is in an historical district and that special zoning restrictions apply to the use of the property.
Original Author:
Hemsley, Sid
Reappointing the City Recorder
Legal Opinion (Created: 08/22/1997; Reviewed: April 19, 2010)

MTAS was asked how to rehire the city recorder after she resigned and then changed her mind.
Original Author:
Hemsley, Sid
Reapportionment
Legal Opinion (Created: 01/31/2002; Reviewed: May 22, 2017)

MTAS was asked whether all municipalities that elect city council members from districts are required to reapportion the districts after each federal census.
Original Author:
Hemsley, Sid
Reasonable Court Costs
Legal Opinion (Created: 05/12/2003; Reviewed: June 26, 2017)

MTAS was asked to analyze the question of what are court costs and the conditions under which court costs can be levied in Tennessee.
Original Author:
Hemsley, Sid
Recording Abstentions in the Minutes of Meetings
Legal Opinion (Created: 09/30/1997; Reviewed: April 19, 2010)

MTAS was asked whether the recorder should record abstentions in the minutes of meetings.
Original Author:
Hemsley, Sid
Recovering the Cost of Emergency Fire Calls
Legal Opinion (Created: 10/12/1994; Reviewed: November 7, 2016)

MTAS was asked whether the city can recover the cost of emergency fire calls at automobile wrecks where occupants have to be cut out of the vehicle or there is a danger of fire from spilled gasoline.
Original Author:
Pullen, Mark
Recovery of Illegally Disposed of City Real Property
Legal Opinion (Created: 02/28/1996; Reviewed: October 28, 2009)

MTAS was asked whether the mayor had the authority to dispose of the property for the city.
Original Author:
Hemsley, Sid
Recovery of Utility Extension Costs Front-Ended by Developers
Legal Opinion (Created: 02/16/2005; Reviewed: December 21, 2018)

MTAS was asked several questions related to city policies governing the recovery of utility extension costs front-ended by developers.
Original Author:
Hemsley, Sid
Reduction of Health Benefits by the Utility Board
Legal Opinion (Created: 02/20/1998; Reviewed: May 30, 2017)

MTAS was asked whether the utility board can reduce the health benefits of the management team members to the same level it reduces the health benefits of utility board members.
Original Author:
Hemsley, Sid
Referenda on Bond Issues
Legal Opinion (Created: 05/29/2002; Reviewed: March 3, 2006)

MTAS was asked to analyze the law governing referenda on bond issues.
Original Author:
Hemsley, Sid
Referendum on Annexation for One Voter
Legal Opinion (Created: 10/05/2004; Reviewed: May 26, 2017)

MTAS was asked whether a referendum on annexation can be held when only one voter lives on the land.
Original Author:
O'Hara, Stephanie Allen
Refunding Fees and Taxes Collected in the Case of Annexation Being Declared Void
Legal Opinion (Created: 04/24/2017; Reviewed: May 26, 2017)

A legal opinion regarding whether a city is responsible for refunding (1) beer license fees, (2) beer sales tax, and (3) city property tax in the case of an annexation being declared void.
Original Author:
Hemsley, Sid
Refuse Fees Based on Considerations Other Than the Cost of Providing the Service
Legal Opinion (Created: 12/07/2009; Reviewed: March 20, 2017)

MTAS was asked whether a city could give low income property owners reduced solid waste collection fees.
Original Author:
Hemsley, Sid
Regulating Day Trucks on City Streets
Legal Opinion (Created: 07/03/2001; Reviewed: May 6, 2020)

MTAS was asked several questions related to regulating day trucks on city streets.
Original Author:
Hemsley, Sid
Regulating Hunting in the City by Private Act
Legal Opinion (Created: 11/17/1998; Reviewed: May 30, 2017)

MTAS was asked whether the city can by private act regulate hunting in the city.
Original Author:
Hemsley, Sid
Regulating Mailboxes in Rights-of-Way
Legal Opinion (Created: 07/18/2003; Reviewed: December 21, 2018)

MTAS was asked whether a municipality can, through subdivision regulations, regulate construction of masonry-type mailboxes outside city but within municipality's regional planning area.
Original Author:
Hemsley, Sid
Regulating Parking Through a Zoning Ordinance
Legal Opinion (Created: 10/11/2001; Reviewed: May 6, 2020)

MTAS was asked whether there is a way to regulate parking through limitations on the definition of 'family' in a zoning ordinance.
Original Author:
Hemsley, Sid
Regulating the Exterior Appearance of Mobile Homes
Legal Opinion (Created: 01/29/2007; Reviewed: June 21, 2017)

MTAS was asked whether a city can require that double-wide mobile homes placed in the city have roof overhangs and gutters.
Original Author:
Ashburn, Melissa
Regulating the Installation and Operation of Sand Filtration Wastewater Systems in Developments Located Outside City Limits
Legal Opinion (Created: 06/19/2003; Reviewed: June 2, 2017)

MTAS was asked about the city's ability to regulate sand filtration wastewater systems being constructed outside the city in developments located in the regional planning commission's jurisdiction.
Original Author:
Ashburn, Melissa
Regulating the Weight and Route of Trucks Travelling on City Streets
Legal Opinion (Created: 07/15/2002; Reviewed: May 6, 2020)

MTAS was asked about the ability of a city to regulate the weight and route of trucks traveling on city streets.
Original Author:
Hemsley, Sid
Regulating Transient Vendors
Legal Opinion (Created: 06/09/2000; Reviewed: May 5, 2017)

MTAS was asked to review an ordinance dealing with transient vendors.
Original Author:
Hemsley, Sid
Regulation of Cemeteries
Legal Opinion (Created: 03/14/2008; Reviewed: May 31, 2017)

MTAS analyzed the question of whether cemeteries are subject to zoning regulations or regulation by the city council.
Original Author:
Moore, Todd
Rehiring a Police Officer Who Resigned Earlier This Year
Legal Opinion (Created: 09/21/1995; Reviewed: January 3, 2017)

MTAS was asked whether the Town may rehire a police officer who resigned earlier this year.
Original Author:
Hemsley, Sid
Reimbursing a Property Owner Who Has Piped and Covered the Natural Drainage Easement
Legal Opinion (Created: 07/03/1996; Reviewed: May 6, 2020)

MTAS was asked whether the city is required to reimburse a property owner who has "piped" and covered the natural drainage easement that runs though his property
Original Author:
Hemsley, Sid
Rejecting Any And All Bids
Legal Opinion (Created: 06/15/2004; Reviewed: March 26, 2010)

MTAS was asked to analyze the question of what is the lowest and best bid.
Original Author:
Hemsley, Sid
Relative Personnel Powers of the Electric Power Board and the Water, Sewer, and Gas Board
Legal Opinion (Created: 08/11/2009; Reviewed: December 21, 2018)

MTAS was asked to analyze a wide range of questions related to the city's public utility operations.
Original Author:
Hemsley, Sid
Relative Powers of the Utilities Board
Legal Opinion (Created: 09/22/2008; Reviewed: December 21, 2018)

MTAS was asked about a number of questions related to distribution of authority between utility board and utility superintendent.
Original Author:
Hodge, Elisha
Releasing the Mayor's Personal Information as an Open Record
Legal Opinion (Created: 07/20/2010; Reviewed: October 4, 2017)

Should the Mayor be considered a "public employee" for the purposes of determining whether or not his personal information (home phone number, address, etc.) should be released as an open record?
Original Author:
Ashburn, Melissa
Removal by City of Abandoned, Junked, or Wrecked Vehicles
Legal Opinion (Created: 03/17/2006; Reviewed: May 12, 2017)

MTAS was asked to review the city junk and abandoned vehicle ordinance and explain the conflict with Tennessee law, the need for a court order before entering private property to remove cars, and the due process issue.
Original Author:
Hemsley, Sid
Removal of Members of Limited Purpose Appointed Boards and Commissions for the Purpose of Promoting Racial Balance
Legal Opinion (Created: 08/12/1996; Reviewed: May 30, 2017)

MTAS was asked whether the city can remove all members of present boards and replace them with membership more reflecting the minority population of the city.
Original Author:
Hemsley, Sid
Removal of Police Chief and City Manager by City Commission
Legal Opinion (Created: 04/03/2002; Reviewed: June 15, 2020)

MTAS was asked to analyze the law governing relative powers of board of commissioners and of city manager to terminate police chief, and certain procedural matters related to that issue.
Original Author:
Hemsley, Sid
Removal of the City Attorney
Legal Opinion (Created: 06/21/2007; Reviewed: May 17, 2017)

MTAS was asked about monetary obligations and health insurance owed to the city attorney if the city terminates his contract.
Original Author:
Hemsley, Sid
Removing an Alderman from the Office of Housing -- Authority Commissioner
Legal Opinion (Created: 03/16/1999; Reviewed: May 30, 2017)

MTAS was asked how a housing authority commissioner who was elected to the board of mayor and aldermen can be removed from the office of housing authority commissioner.
Original Author:
Hemsley, Sid
Removing Police and Fire Chiefs from the Classified Service
Legal Opinion (Created: 06/20/2007; Reviewed: May 12, 2017)

MTAS was asked to analyze questions about the right of the city to remove police and fire chiefs from the classified service.
Original Author:
Bingham, Pamela
Renting City Equipment and Raising the Salaries of City Commissioners
Legal Opinion (Created: 01/12/2000; Reviewed: April 19, 2010)

MTAS was asked about the renting of city equipment by the city and the legality of raising the salaries of city commissioners during current terms of office.
Original Author:
Hemsley, Sid
Replacing the Mayor
Legal Opinion (Created: 06/28/2012; Reviewed: June 14, 2017)

MTAS was asked who can become the mayor upon the resignation of the current mayor.
Original Author:
Ashburn, Melissa
Requirement That Vendors Pay Higher Fees and Post Bonds
Legal Opinion (Created: 04/19/2006; Reviewed: May 5, 2017)

MTAS was asked whether a city may pass an ordinance levying higher fees on vendors and requiring that vendors post bonds.
Original Author:
Ashburn, Melissa
Requirements for a Civil Warrant
Legal Opinion (Created: 11/24/2003; Reviewed: June 26, 2017)

MTAS was asked to research the requirements for warrants executed by a municipal court.
Original Author:
Hemsley, Sid
Requiring a Certain Salvage Yard to Conform to the City's Zoning Ordinance
Legal Opinion (Created: 05/12/1994; Reviewed: December 21, 2018)

MTAS was asked whether the city can require a certain salvage yard to conform to the city's zoning ordinance.
Original Author:
Hemsley, Sid
Requiring a Preexisting Nonconforming Use to Build a Fence around City Property
Legal Opinion (Created: 08/18/2011; Reviewed: December 21, 2018)

MTAS was asked whether the city can require a preexisting nonconforming use to build a fence around its property, basing the fence on the police powers of the city.
Original Author:
Moore, Todd
Requiring a State Park to Hook Onto the Town's Sewer Line If the Park Territory Was Annexed Into the Town
Legal Opinion (Created: 03/28/1996; Reviewed: December 21, 2018)

MTAS was asked whether a town could require a nearby state park to hook onto the town's sewer line if the park territory was annexed into the town.
Original Author:
Moore, Todd
Requiring an Employee to Sign an Agreement Releasing the City from Liability
Legal Opinion (Created: 04/03/1995; Reviewed: May 18, 2017)

MTAS was asked whether the city could require auxilary police officers to sign waivers releasing the city from any liability for their negligent conduct or omissions.
Original Author:
Hemsley, Sid
Requiring Developers to Construct Sidewalks in Developments in the County
Legal Opinion (Created: 12/10/2008; Reviewed: May 6, 2020)

MTAS was asked whether the regional planning commission could require developers to construct sidewalks in developments in the county.
Original Author:
Hemsley, Sid
Requiring Property Owners to Build or Repair Sidewalks
Legal Opinion (Created: 05/02/2006; Reviewed: May 6, 2020)

MTAS was asked whether property owners can be compelled to construct sidewalks abutting their property.
Original Author:
Ashburn, Melissa
Requiring Social Security Numbers for Utility Service
Legal Opinion (Created: 01/11/2006; Reviewed: January 3, 2019)

MTAS was asked about requiring social security numbers for utility service, collection fee for delinquent bills and code enforcement against current utility customers.
Original Author:
Hemsley, Sid
Requiring the User of Streets to Obtain a Bond to Cover Damages to the Streets
Legal Opinion (Created: 10/24/1996; Reviewed: May 6, 2020)

MTAS was asked whether a city can require the user of streets to obtain a bond to cover damages to the streets.
Original Author:
Hemsley, Sid
Rescinding an Appointment to the Utility Board
Legal Opinion (Created: 05/07/2007; Reviewed: January 3, 2019)

MTAS was asked whether the city's governing body could rescind an appointment to the utility board.
Original Author:
Moore, Todd
Residency of City Attorney
Legal Opinion (Created: 02/12/1996; Reviewed: June 24, 2017)

MTAS was asked whether the position of city attorney is an elected official and, therefore, has to be a resident of the town.
Original Author:
Jones, Josh
Residency Requirement
Legal Opinion (Created: 02/11/2014; Reviewed: May 30, 2017)

MTAS was asked what time period is covered by the one-year residency requirement of T. C. A. ' 6-3-103 for candidates for the Board of Mayor and Aldermen.
Original Author:
Hemsley, Sid
Residency Requirement for Mayor and Aldermen
Legal Opinion (Created: 01/11/2002; Reviewed: May 8, 2017)

MTAS was asked whether the one year durational residency requirement for mayor (and aldermen) contained in the general law mayor-aldermanic charter is legal?
Original Author:
Hemsley, Sid
Residency Requirements for Aldermen
Legal Opinion (Created: 01/24/1994; Reviewed: March 22, 2010)

MTAS was asked if an Alderman, who married a person from another town and bought a house there, still meets residency requirements by renting a residence in the town in which he holds office.
Original Author:
Hemsley, Sid
Residency Requirements for City Officers and Employees
Legal Opinion (Created: 12/06/2010; Reviewed: January 3, 2017)

MTAS was asked whether residency requirements for city officers and employees are legal.
Original Author:
Hemsley, Sid
Residency Requirements for Utility Board Members
Legal Opinion (Created: 04/03/2006; Reviewed: January 3, 2019)

MTAS was asked whether members of the city's utility board are required to be residents of the city.
Original Author:
Hemsley, Sid
Restricting Bid Specifications to Name Brand Items
Legal Opinion (Created: 11/28/2011; Reviewed: November 28, 2011)

MTAS was asked whether bid specifications can be restricted only to name brand items.
Original Author:
Hemsley, Sid
Retail Liquor Licenses Certificate of Compliance Determined by Lottery or Drawing
Legal Opinion (Created: 01/15/2009; Reviewed: June 20, 2017)

MTAS was asked whether, under the state law governing retail liquor licenses, a city can use a lottery or drawing to determine who receives a certificate of compliance.
Original Author:
O'Hara, Stephanie Allen
Retailer Giving Away Beer without a Permit
Legal Opinion (Created: 02/28/2018; Reviewed: May 14, 2020)

MTAS was asked whether a retailer may give beer away without a permit.
Original Author:
Hemsley, Sid
Return to Work of Police Officer Who Has Been in a Detoxification Program
Legal Opinion (Created: 04/29/1998; Reviewed: January 3, 2017)

MTAS was asked what rights the city has to require that a police officer, who checked himself into a detoxification center and who now wants to return to work, prove that he is capable of performing his duties without risk to the public.
Original Author:
Hemsley, Sid
Returning a Share of the Sales Tax to the City
Legal Opinion (Created: 02/17/2005; Reviewed: October 28, 2016)

MTAS was asked whether the contract between the county and the city for the distribution of the city's share of a certain sales tax has terminated, the effect of which would be to return that share of the sales tax to the city.
Original Author:
Moore, Todd
Revoking Beer Permit for Gambling Offenses
Legal Opinion (Created: 02/21/1996; Reviewed: May 31, 2017)

MTAS was asked whether the beer board may suspend or revoke the permit of someone who has been convicted of gambling offenses where the gambling took place at the beer establishment.
Original Author:
Ashburn, Melissa
Rezoning and Spot Zoning Question
Legal Opinion (Created: 03/04/2003; Reviewed: January 3, 2019)

MTAS was asked whether rezoning a parcel currently zoned residential, to allow commercial use, would constitute spot-zoning.
Original Author:
Hemsley, Sid
Right of a City to Demote or Dismiss a Police Chief
Legal Opinion (Created: 01/12/2007; Reviewed: May 12, 2017)

MTAS was asked whether the present chief of police can be dismissed or demoted only for cause.
Original Author:
Hemsley, Sid
Right of Cities to Monopolize Garbage Services
Legal Opinion (Created: 05/20/2008; Reviewed: March 20, 2017)

MTAS was asked whether most cities allow independent contractors to contract privately for commercial solid waste services and whether the city can exclude private solid waste collection vendors from operating inside the city limits.
Original Author:
Hemsley, Sid
Right of City Attorney to be Sessions Judge
Legal Opinion (Created: 01/13/1998; Reviewed: June 24, 2017)

MTAS was asked whether the city attorney can hold the position of sessions judge, which, in this case, is a part-time position.
Original Author:
Hemsley, Sid
Right of City Council to Appoint and Terminate the City Judge
Legal Opinion (Created: 08/20/2001; Reviewed: June 26, 2017)

MTAS was asked whether the City Judge serves at the will of the City Council and may be the City Judge of more than one city.
Original Author:
Hemsley, Sid
Right of Municipalities to Require Hook-Ups to the City Sewer System and/or Be Charged a Sewer Availability Fee
Legal Opinion (Created: 02/01/1994; Reviewed: January 3, 2019)

MTAS was asked about the law governing the right of municipalities to require hook-ups to the city sewer system and/or be charged a sewer availability fee.
Original Author:
Hemsley, Sid
Rights and Powers of a County Library Board Member
Legal Opinion (Created: 01/26/1999; Reviewed: January 3, 2019)

MTAS was asked about the rights and powers of an ex officio member of the county library board.
Original Author:
Hemsley, Sid
Rights of Municipal Department Heads, Their Appointment and Removal
Legal Opinion (Created: 05/09/2007; Reviewed: May 12, 2017)

MTAS was asked who has the power to appoint and to remove certain municipal employees and whether municipal employees who have a property right in their employment under a charter lose that property right if the charter is changed to revoke that right.
Original Author:
Shechter, Leslie
Rounding Up the Certified Tax Rate
Legal Opinion (Created: 06/24/1993; Reviewed: October 24, 2016)

Rounding-up on the certified tax rate
Original Author:
Hemsley, Sid
Salary Increase for the Mayor During His Present Term of Office
Legal Opinion (Created: 07/27/1994; Reviewed: May 25, 2017)

MTAS was asked whether the mayor could receive a salary increase during his present term of office.
Original Author:
Hemsley, Sid
Sale of Beer by Municipalities
Legal Opinion (Created: 10/14/2005; Reviewed: June 19, 2017)

MTAS was asked whether the city can itself hold a beer permit.
Original Author:
Hemsley, Sid
Sale of Beer Within the City
Legal Opinion (Created: 02/03/2003; Reviewed: May 31, 2017)

MTAS was asked several questions that pertain to the sale of beer within the city.
Original Author:
Hemsley, Sid
Sale of Food at Special Events
Legal Opinion (Created: 10/19/2001; Reviewed: May 5, 2017)

MTAS was asked if a city has the right to restrict street vendors to particular businesses during festival days.
Original Author:
Hemsley, Sid
Sales Tax and Transient Vendors Permit Relative to Special Events
Legal Opinion (Created: 07/03/2001; Reviewed: May 5, 2017)

MTAS was asked whether a community college can collect sales tax on the sales made by temporary vendors during special events sponsored by the college on college property and whether the City is entitled to collect from such individual vendors the transient vendors permit fee.
Original Author:
Hemsley, Sid
Sales Tax Distribution Contract
Legal Opinion (Created: 12/18/2007; Reviewed: January 3, 2019)

MTAS was asked whether the city has any legal way to terminate the contract between the city and the county for the distribution of the city's share of the sales tax that presently goes to the county.
Original Author:
Marshall, Grant
Sales Tax on Merchandise Sold by City at an Annual Festival
Legal Opinion (Created: 05/27/2016; Reviewed: October 28, 2016)

If a city sells t-shirts at a festival for a temporary period on an annual basis, these sales do not constitute 'engaging in business' in Tennessee, and would not be subject to the sales and use tax.
Original Author:
Ashburn, Melissa
School Consolidation Salaries
Legal Opinion (Created: 04/17/2002; Reviewed: September 11, 2017)

MTAS was asked whether, in the event of a merger between city and county schools, county teachers who earn less than city teachers would be entitled to raises and additional benefits, so their earnings would be the same as the city teachers.
Original Author:
Huffer, Dennis
Search of City Employee's Office by Mayor
Legal Opinion (Created: 08/04/2003; Reviewed: May 2, 2017)

MTAS was asked whether the Mayor may search employees' offices for possible disciplinary action.
Original Author:
Hemsley, Sid
Selecting a Police Officer in a Closed Meeting Held Without Public Notice
Legal Opinion (Created: 08/19/1992; Reviewed: March 23, 2010)

MTAS was asked whether a committee consisting of the mayor and some members of the city council can select a police officer in a closed meeting held without public notice.
Original Author:
Hemsley, Sid
Serving City Warrants Outside the City for Municipal Ordinance Violations Committed Within the City
Legal Opinion (Created: 06/24/1994; Reviewed: June 15, 2017)

MTAS was asked whether the city can serve city warrants outside the city for municipal ordinance violations committed within the city.
Original Author:
Hemsley, Sid
Setback Requirements for Residential Property in Subdivision
Legal Opinion (Created: 07/17/2007; Reviewed: January 3, 2019)

MTAS was asked whether set-backs in approved and recorded platt, or present subdivision regulations and zoning ordinance applied to a certain piece of residential property upon which the owner and builder had completed the footers.
Original Author:
Hemsley, Sid
Setting a City'sTax Rate Before Adopting Budget
Legal Opinion (Created: 10/17/2001; Reviewed: July 15, 2017)

MTAS was asked whether a city is required to set a tax rate before it adopts a budget.
Original Author:
Hemsley, Sid
Setting Differential Tax Rates Favoring Greenbelt Property
Legal Opinion (Created: 06/02/1995; Reviewed: October 24, 2016)

MTAS was asked whether the city can set differential tax rates favoring greenbelt property.
Original Author:
Hemsley, Sid
Several Questions about City Council Procedures
Legal Opinion (Created: 05/20/1999; Reviewed: June 24, 2017)

MTAS was asked several questions about city council procedures.
Original Author:
Hemsley, Sid
Severance Package Contract with a City Manager
Legal Opinion (Created: 07/28/2003; Reviewed: May 12, 2017)

MTAS was asked to analyze the law governing the right of a city to enter into a severance package contract with a city manager.
Original Author:
Hemsley, Sid
Severance Taxes
Legal Opinion (Created: 01/04/1999; Reviewed: October 28, 2016)

MTAS was asked whether municipalities are entitled to levy severance taxes.
Original Author:
Huffer, Dennis
Sewer System for Subdivision
Legal Opinion (Created: 12/08/2003; Reviewed: January 10, 2017)

MTAS was asked how a sewer system for a subdivision can be provided through a franchise or contract with a private operator.
Original Author:
Hemsley, Sid
Sewer Tap Fees
Legal Opinion (Created: 10/14/1994; Reviewed: January 3, 2019)

MTAS was asked under what authority municipalities charge sewer tap fees.
Original Author:
Hemsley, Sid
Sewer Tap Fees and Sewer Extensions
Legal Opinion (Created: 02/01/1999; Reviewed: January 3, 2019)

MTAS was asked whether the city and a developer may enter into an agreement to provide sewer extensions and recover the cost through sewer tap fees.
Original Author:
Ashburn, Melissa
Sheriff's Legal Obligation to Accept Prisoners
Legal Opinion (Created: 06/28/2002; Reviewed: June 30, 2017)

MTAS was asked about the obligation of a sheriff to accept and house prisoners arrested by municipal officers.
Original Author:
Hemsley, Sid
Sign Regulation of Banners and Balloons
Legal Opinion (Created: 08/22/2008; Reviewed: January 3, 2019)

MTAS was asked to analyze questions related to sign control of banners and balloons.
Original Author:
Hemsley, Sid
Slum Clearance and Garbage Rates
Legal Opinion (Created: 10/03/2000; Reviewed: December 20, 2016)

MTAS was asked whether the city can clean up pieces of private property in the city with the permission of the property owner and whether the city can classify waste, administratively treat classes of waste differently, and charge different rates for the collection and disposal of the different classes of waste.
Original Author:
Bingham, Pamela
Solemnization of Marriages in Tennessee
Legal Opinion (Created: 04/21/1998; Reviewed: October 4, 2017)

MTAS was asked whether there is a state licensing requirement for designated persons to perform/solemnize a marriage in Tennessee.
Original Author:
Hemsley, Sid
Solicitation Roadblocks
Legal Opinion (Created: 06/22/1993; Reviewed: May 18, 2017)

MTAS was asked whether the new law on solicitation roadblocks immunizes municipalities from accidents occurring as a result of solicitation roadblocks.
Original Author:
Hemsley, Sid
Solid Waste Collection Contract
Legal Opinion (Created: 03/03/2004; Reviewed: January 18, 2010)

MTAS was asked to analyze the question of the conditions under which a city can waiver or correct mistakes in a bid.
Original Author:
Pullen, Mark
Solid Waste Disposal Fees
Legal Opinion (Created: 08/31/1993; Reviewed: March 20, 2017)

MTAS was asked whether the citizens of the city are subject to the solid waste disposal fees, even if a private disposal service is used.
Original Author:
Huffer, Dennis
Solid Waste Transfer Station
Legal Opinion (Created: 03/27/2002; Reviewed: May 25, 2017)

MTAS was asked whether a contract provision between a town and a waste services provider, requiring all garbage collected in the town and county to be deposited at the county transfer station is valid and enforceable.
Original Author:
Hemsley, Sid
Special Education for Annexed Students
Legal Opinion (Created: 10/31/2008; Reviewed: January 3, 2019)

MTAS was asked whether a city school that had been a county school that had been annexed into the city had the responsibility for the special education of children in that city school immediately upon the effective date of the annexation
Original Author:
Hemsley, Sid
Special Meetings Requirements for the Ratification of Private Acts
Legal Opinion (Created: 05/22/2006; Reviewed: March 22, 2010)

MTAS was asked whether there are special public notice and hearing requirements for the adoption of private acts by the city's governing body.
Original Author:
Hemsley, Sid
Splitting the Authority to Operate the Parks and Recreation System Between the Recreation Commission and the Board of Mayor and Aldermen
Legal Opinion (Created: 04/02/1991; Reviewed: June 2, 2017)

MTAS was asked whether the city can split the authority to operate the parks and recreation system between the recreation commission and the board of mayor and aldermen.
Original Author:
Hemsley, Sid
Splitting Work into Components to Circumvent Competitive Bid Requirements
Legal Opinion (Created: 01/04/1994; Reviewed: June 30, 2017)

MTAS was asked about splitting work into components to circumvent competitive bid requirements.
Original Author:
Hemsley, Sid
Stalling of an Application for Rezoning
Legal Opinion (Created: 08/04/2006; Reviewed: January 3, 2019)

MTAS was asked to analyze the legal effect of, and the solution to, the stalling of an application for a rezoning.
Original Author:
Ashburn, Melissa
Starting a Municipal School System in Tennessee
Legal Opinion (Created: 12/08/2016; Reviewed: May 15, 2020)

MTAS was asked for an explanation of the process for starting a municipal school system in Tennessee.
Original Author:
Hemsley, Sid
State Law Regarding the Regulation of the Sale of Alcoholic Beverages by the City
Legal Opinion (Created: 09/06/1991; Reviewed: June 20, 2017)

MTAS was asked for the state law regarding the regulation of the sale of alcoholic beverages by the city, and in what respects a city's beer ordinance needs updating.
Original Author:
Hemsley, Sid
Status of a Letter of Credit
Legal Opinion (Created: 05/12/2009; Reviewed: May 17, 2017)

MTAS was asked about the status of an irrevocable letter of credit provided to the city by a developer who subsequently went bankrupt.
Original Author:
Bingham, Pamela
Statutory Construction: Conflicting Statutes/ More Specific Statute Given Effect
Legal Opinion (Created: 04/14/2000; Reviewed: October 4, 2017)

Specific statutory provisions generally will be given effect over conflicting general provisions.
Original Author:
Pullen, Mark
Structure and Powers of the City's Utility Board
Legal Opinion (Created: 02/25/1992; Reviewed: January 3, 2019)

MTAS was asked several questions about the structure and powers of the City's utility board.
Original Author:
Leydorf, Donna
Subdividing and Selling City Land
Legal Opinion (Created: 10/24/2000; Reviewed: December 19, 2016)

MTAS was asked whether or not a Town may subdivide a 27-acre parcel into one-acre lots and then sell the lots at public auction.
Original Author:
Ashburn, Melissa
Subdivision Regulation by Planning Commission
Legal Opinion (Created: 03/26/2003; Reviewed: January 3, 2019)

MTAS was asked to research jurisdictional issues concerning subdivision regulation.
Original Author:
Ashburn, Melissa
Subrogation
Legal Opinion (Created: 03/08/2002; Reviewed: August 3, 2017)

Researched subrogation claim asserted by insurance company and determined company is not entitled to any funds, unless and until city is compensated in full for loss.
Original Author:
Huffer, Dennis
Sunshine Law
Legal Opinion (Created: 04/10/2002; Reviewed: March 29, 2010)

MTAS was asked whether meetings between the Mayor and a member of Council to discuss the preparation of the City's budget would violate the Sunshine Law or Open Meetings Law.
Original Author:
Pullen, Mark
Surrender of a City Charter
Legal Opinion (Created: 12/05/1995; Reviewed: May 16, 2017)

MTAS was asked several questions concerning the surrender of a city's charter.
Original Author:
Oglesby, Abb
Suspending a Driver's License
Legal Opinion (Created: 03/03/2016; Reviewed: May 19, 2017)

MTAS was asked whether a municipal court may suspend a person's driver's license for non-driving violations.
Original Author:
Bingham, Pamela
Suspending or Firing the Present City Attorney
Legal Opinion (Created: 02/19/1999; Reviewed: June 24, 2017)

MTAS was asked whether the mayor has the singular authority to suspend or fire the present city attorney.
Original Author:
Hemsley, Sid
Taking the License of a Person Between the Ages of 18-21 -- for the Purchase of Beer
Legal Opinion (Created: 10/07/1992; Reviewed: June 20, 2017)

MTAS was asked whether the city judge can take the license of a person between the ages of 18-21 for the purchase, or attempt to purchase, or possession of beer?
Original Author:
Pullen, Mark
Tax Incentives to Tenants in an Industrial Park
Legal Opinion (Created: 04/30/1993; Reviewed: October 24, 2016)

MTAS was asked whether or not the City could provide tax incentives to tenants in its industrial park.
Original Author:
Ashburn, Melissa
Tax Map and Boundary Issue
Legal Opinion (Created: 08/25/2003; Reviewed: January 3, 2019)

An old tax map shows the property is located in the city but the map was changed sometime within the past 10 years to show the property is outside the city line, in the county.
Original Author:
Ashburn, Melissa
Telephone Franchise Regulation
Legal Opinion (Created: 10/30/2006; Reviewed: May 23, 2017)

MTAS was asked whether the local telephone company should be paying franchise fees and what recourse city residents have if they want to use another telephone company.
Original Author:
Hemsley, Sid
Temporary Appointment of a City Attorney by the Mayor
Legal Opinion (Created: 08/21/1996; Reviewed: June 24, 2017)

MTAS was asked whether the mayor can temporarily appoint a city attorney.
Original Author:
Bingham, Pamela
Temporary Beer Permits
Legal Opinion (Created: 05/21/1998; Reviewed: June 20, 2017)

MTAS was asked about the authority and propriety of a beer board issuing a three-day temporary beer permit for a fair.
Original Author:
Ashburn, Melissa
Tennessee Cities' Ability to Offer Cable Service as Joint Venture
Legal Opinion (Created: 05/06/2003; Reviewed: May 28, 2020)

MTAS was asked whether a city may create and operate a cable television franchise.
Original Author:
Hodge, Elisha
Tennessee Open Meetings Act Violation
Legal Opinion (Created: 08/24/2020; Reviewed: September 4, 2020)

MTAS was asked how a governing body can cure a violation or alleged violation of the Tennessee Open Meetings Act (TOMA).
Original Author:
Hemsley, Sid
Term Limits Applied to Appointments to Certain Boards
Legal Opinion (Created: 06/23/2006; Reviewed: May 31, 2017)

MTAS was asked whether a member of the City's Board of Waterworks, Sewerage and Natural Gas Commissioners may be appointed to fill a vacancy in the board after he has already served two successive four year terms.
Original Author:
Hodge, Elisha
Terminating and Rehiring a City Manager during a Board of Commissioners Meeting
Legal Opinion (Created: 12/09/2014; Reviewed: May 31, 2017)

MTAS was asked about firing and rehiring a city manager at the board of commissioners meeting and whether the city manager now has a three-month or 12-month contract.
Original Author:
Hemsley, Sid
Terminating Employees and Rehiring Them at a Lower Wage
Legal Opinion (Created: 06/16/2010; Reviewed: January 3, 2017)

MTAS was asked whether the city can terminate its dispatchers (who do not handle E-911 calls, but 'local calls') and rehire dispatchers at a lower wage rate.
Original Author:
Hemsley, Sid
Terminating the Utility Board Superintendent
Legal Opinion (Created: 10/02/2011; Reviewed: August 9, 2018)

MTAS was asked whether the utility board superintendent can be terminated by the city's governing body without financial penalty to the city.
Original Author:
Hemsley, Sid
Tort Liability at Railroad Crossing Improvements
Legal Opinion (Created: 04/24/2009; Reviewed: May 18, 2017)

MTAS was asked about relief from tort liability at railroad crossing improvements made with federal funds.
Original Author:
Huffer, Dennis
Towing Regulations
Legal Opinion (Created: 11/20/2001; Reviewed: June 11, 2017)

Municipalities may still regulate the price for non-consensual tows, but all other business regulation of towing businesses is not allowed.
Original Author:
Huffer, Dennis
Towing Service
Legal Opinion (Created: 12/19/2001; Reviewed: June 2, 2017)

The requirement that wrecker services must either reside in the city or have their businesses in the city probably is preempted and thereby rendered invalid by federal statutes that deregulated the motor carrier industry, including towing or wrecker businesses.
Original Author:
Hemsley, Sid
Transient Merchants
Legal Opinion (Created: 12/01/1992; Reviewed: May 5, 2017)

MTAS was asked whether the city can charge transient merchants higher taxes than the statute governing transient merchants provides, or impose upon them a stiff permit fee.
Original Author:
Shechter, Leslie
TVA Power Contracts
Legal Opinion (Created: 06/07/1991; Reviewed: December 5, 2016)

MTAS was asked to address several issues related to power contracts with TVA.
Original Author:
Hemsley, Sid
TWA and Local Zoning of Cell Towers
Legal Opinion (Created: 04/18/2011; Reviewed: May 23, 2017)

MTAS was asked to review a letter from TWA related to a proposed ordinance the city drafted pertinent to cell tower siting.
Original Author:
Ashburn, Melissa
Unauthorized Raises
Legal Opinion (Created: 12/20/2002; Reviewed: May 11, 2017)

MTAS was asked whether the Board has to honor unauthorized raises.
Original Author:
Hodge, Elisha
Uncompensated Public Officials' Personal Information Not Protected Per Tennessee State Law
Legal Opinion (Created: 05/17/2019; Reviewed: August 5, 2019)

If council members are uncompensated, they cannot be considered "public employees" whose information is protected pursuant to Tenn. Code Ann. Section 10-7-504(f). Hodge, the Tennessee Open Records Counsel at the time of this letter, also offers suggestions for improved processes in filling the request in question.
Original Author:
Leydorf, Donna
Unconstitutional Requirements of Candidacy
Legal Opinion (Created: 10/19/2000; Reviewed: May 8, 2017)

MTAS was asked what a city should do when a candidate for public office is in arrears for payment of taxes.
Original Author:
Hemsley, Sid
Unconstitutional Since 1953 to Incorporate Municipalities by Private Act
Legal Opinion (Created: 01/10/1996; Reviewed: May 31, 2017)

The General Assembly is required by general law to provide the exclusive methods by which municipalities may be created, merged, consolidated, dissolved, and their boundaries altered.
Original Author:
Hemsley, Sid
Updating Personnel Safety and Health Issues in the Municipal Code
Legal Opinion (Created: 11/17/2008; Reviewed: January 3, 2017)

MTAS was asked whether certain ordinances contained in municipal code that address personnel safety and health issues are required to be in the municipal code.
Original Author:
Hemsley, Sid
Use of Beer License By a Person Other Than the License Holder
Legal Opinion (Created: 10/16/2002; Reviewed: June 19, 2017)

MTAS was asked whether the owner of an establishment can sell beer under a beer permit held by the previous owner of the establishment who will continue to be an employee of the establishment.
Original Author:
Bingham, Pamela
Use of Camcorders/Video Cameras in City Council Meetings
Legal Opinion (Created: 07/22/2002; Reviewed: March 22, 2010)

MTAS was asked whether the City Council may ban, by ordinance, the public from bringing video cameras into and videoing city council meetings.
Original Author:
Hemsley, Sid
Use of Funds from Increased Garbage Collection Fees
Legal Opinion (Created: 07/17/2002; Reviewed: March 20, 2017)

MTAS was asked whether the city can increase its monthly garbage collection fees and use the increase for purposes other than garbage collection.
Original Author:
Hemsley, Sid
Use of Profits from Vending Machines in Municipal Buildings
Legal Opinion (Created: 06/05/1990; Reviewed: August 17, 2017)

MTAS was asked whether revenues from vending machines in public facilities in local governmental entities are "public funds."
Original Author:
Hemsley, Sid
Use of the City Drug Fund
Legal Opinion (Created: 01/25/1993; Reviewed: June 21, 2017)

MTAS was asked whether the city can use the drug fund to pay the salary of an officer assigned to the judicial task force, and can it use the drug fund to pay the overtime pay of the police officer who cares for the "drug dog."
Original Author:
Hemsley, Sid
Use of the Semi-Colon under the Rules of Statutory Construction
Legal Opinion (Created: 05/16/2005; Reviewed: October 4, 2017)

MTAS was asked to interpret a provision of the charter that turned on the use of semi-colons.
Original Author:
Hemsley, Sid
Using a Utility Service Applicant's Credit Report to Determine Amount of Utility Deposit
Legal Opinion (Created: 10/27/2006; Reviewed: January 3, 2019)

MTAS was asked whether the city can use a utility service applicant's credit report as a basis for determining the size of the applicant's utility deposit.
Original Author:
Hemsley, Sid
Using City Hall to Solicit Charitable Contributions
Legal Opinion (Created: 10/26/2009; Reviewed: May 23, 2017)

MTAS was asked whether the city could allow the city hall to be used as collection point for solicitations by various private groups.
Original Author:
Pullen, Mark
Using Special Assessments for Sidewalk Construction
Legal Opinion (Created: 07/10/1996; Reviewed: July 25, 2017)

MTAS was asked whether special assessments can be used for sidewalk construction.
Original Author:
Hemsley, Sid
Utilities Must Charge Reasonable Rates
Legal Opinion (Created: 01/04/1999; Reviewed: December 5, 2016)

MTAS was asked for the definition of the term 'reasonable rates' within the meaning of the utility statutes and cases in Tennessee that require utility rates to be reasonable.
Original Author:
Hemsley, Sid
Utility Board Residency Requirement
Legal Opinion (Created: 03/28/2011; Reviewed: December 5, 2016)

MTAS was asked whether the requirement that a person be a resident of the city as a condition of holding a city office is a continuing requirement.
Original Author:
Hemsley, Sid
Utility Board Setting Water and Wastewater Rates
Legal Opinion (Created: 08/26/2009; Reviewed: December 5, 2016)

MTAS was asked whether the utility board has the right to set water and wastewater rates.
Original Author:
Hemsley, Sid
Utility Board Setting Water Rates
Legal Opinion (Created: 09/03/2012; Reviewed: January 3, 2019)

MTAS was asked whether the city's utility board can be given the authority to set water rates.
Original Author:
Hemsley, Sid
Utility Extensions
Legal Opinion (Created: 10/22/1996; Reviewed: December 5, 2016)

MTAS was asked about the relationship between the governing body and the utility board of the city, whether utility extensions are required to be approved by ordinance, and whether the city is required to approve every contract by ordinance.
Original Author:
Ashburn, Melissa
Utility Operating with 3 Member Commission
Legal Opinion (Created: 02/12/2003; Reviewed: January 3, 2019)

MTAS was asked whether a city may operate a water and sewer utility with a 3 member commission, as opposed to the 5 member commission provided for by Tennessee law.
Original Author:
Hemsley, Sid
Utility Rate Breaks for the Elderly
Legal Opinion (Created: 04/01/2002; Reviewed: January 3, 2019)

MTAS was asked whether a city can give utility rate reductions or exemptions to the elderly.
Original Author:
Ashburn, Melissa
Various Issues Faced by City Court Judges
Legal Opinion (Created: 06/01/2011; Reviewed: June 26, 2017)

MTAS was asked about various issues faced by city court judges, including levying daily fines, procedure for dealing with property code violations, and collections of unpaid citations.
Original Author:
Hemsley, Sid
Vice-Mayor's Elevation to Mayor
Legal Opinion (Created: 08/22/2006; Reviewed: June 14, 2017)

Under general law mayor-aldermanic charter, if the mayor resigns, does the vice-mayor become the mayor?
Original Author:
Hemsley, Sid
Vicious Dogs
Legal Opinion (Created: 07/29/1996; Reviewed: May 30, 2017)

MTAS was asked for assistance in writing an ordinance to regulate dangerous dogs in the city.
Original Author:
Hemsley, Sid
Viewing Investigative Records in Open Criminal Cases
Legal Opinion (Created: 05/05/2003; Reviewed: November 2, 2017)

MTAS was asked whether municipal officials enjoy any special privilege to view the records in open criminal investigations.
Original Author:
Hemsley, Sid
Violations of the Open Meetings and Open Records Laws by the City
Legal Opinion (Created: 03/06/1992; Reviewed: May 18, 2017)

MTAS was asked about violations of the Open Meetings and Open Records Laws by the city.
Original Author:
Hemsley, Sid
Volunteer Firemen (and Other Volunteers) Running for Local Office
Legal Opinion (Created: 05/10/2006; Reviewed: May 23, 2017)

MTAS was asked to analyze the question of whether volunteer firefighters are city employees.
Original Author:
Hemsley, Sid
Voting in City Elections by Non-Resident Property Owners
Legal Opinion (Created: 03/24/2003; Reviewed: May 30, 2017)

MTAS was asked whether the city by private act can permit non-resident property owners to vote in city elections.
Original Author:
Moore, Todd
Voting in City Elections by Non-Residents Who Own Property in the City Limits
Legal Opinion (Created: 05/16/1996; Reviewed: May 30, 2017)

MTAS was asked whether non-residents who own property in the city limits could vote in city elections.
Original Author:
Hemsley, Sid
Voting in City Elections by People Who Reside Outside, But Who Own Property Inside the City
Legal Opinion (Created: 10/10/1994; Reviewed: May 8, 2017)

MTAS was asked whether people who reside outside, but who own property inside the City, can vote in a city's elections.
Original Author:
Hemsley, Sid
Voting in Municipal Elections
Legal Opinion (Created: 01/16/2002; Reviewed: May 8, 2017)

MTAS was asked under what conditions can people who live outside the city, but own property inside the city, vote in city elections.
Original Author:
Ashburn, Melissa
Waiver of Salary of Public Official
Legal Opinion (Created: 05/08/2002; Reviewed: May 30, 2017)

MTAS was asked whether an alderman can refuse to accept the salary proscribed in the charter.
Original Author:
Hemsley, Sid
Wastewater Contract
Legal Opinion (Created: 04/13/2005; Reviewed: January 3, 2019)

MTAS was asked to analyze questions relating to the rights and obligations of two cities relative to the allocation and "ownership" of wastewater plant capacity
Original Author:
Ashburn, Melissa
Wastewater Treatment Facilities Management Agreement
Legal Opinion (Created: 04/12/2005; Reviewed: August 3, 2017)

MTAS was asked to review wastewater facilities management agreement and state law governing wastewater treatment authorities, and determined that Authority is responsible for maintaining all sewer lines, including lateral lines.
Original Author:
Hemsley, Sid
Water Main Extensions on Private Property
Legal Opinion (Created: 06/06/2007; Reviewed: January 3, 2019)

MTAS was asked several questions related to the construction of water mains inside a gated residential complex by city forces.
Original Author:
Hemsley, Sid
What Happens to a Motion That Has Not Been Seconded
Legal Opinion (Created: 02/18/2003; Reviewed: June 21, 2017)

When the city's zoning ordinance prohibits amendments to the zoning ordinance from coming up for one year after being defeated, does the failure of a motion to amend the zoning ordinance to receive a second constitute a 'denial' of the amendment of the zoning ordinance?
Original Author:
Hemsley, Sid
What is the Earliest Date the City Can Terminate the City Manager?
Legal Opinion (Created: 01/07/1997; Reviewed: May 31, 2017)

MTAS was asked what is the earliest date the city can terminate the city manager.
Original Author:
Hemsley, Sid
Who Is Mayor If the Mayor's Resignation Is Not Accepted?
Legal Opinion (Created: 03/12/2010; Reviewed: June 14, 2017)

MTAS was asked whether the mayor had resigned and, if he had, whether the vice-mayor became the mayor.
Original Author:
Hemsley, Sid
Who Performs Duties of the Mayor When the Office of the Mayor Is Vacant?
Legal Opinion (Created: 07/27/2011; Reviewed: June 14, 2017)

MTAS was asked several questions related to the duties of the mayor and vice mayor.
Original Author:
Ashburn, Melissa
Who Qualifies as a Magistrate and Can Be Designated to Administer an Oath for Citations?
Legal Opinion (Created: 12/12/2012; Reviewed: June 26, 2017)

MTAS was asked before whom must a police officer swear an oath for citations.
Original Author:
Ashburn, Melissa
Wine in Grocery Stores Law
Legal Opinion (Created: 04/15/2014; Reviewed: June 20, 2017)

This law does much more than permit grocery stores to sell wine, as it vastly expands the merchandise package stores may sell and services they may offer beginning July 1, 2014.
Original Author:
Huffer, Dennis
Work on Private Property
Legal Opinion (Created: 11/21/2001; Reviewed: April 21, 2020)

MTAS was asked about a city doing drainage work on private property.
Original Author:
Ashburn, Melissa
Workers' Compensation Benefits for Volunteer Workers
Legal Opinion (Created: 09/22/2004; Reviewed: January 3, 2017)

The city housing authority asked if community service workers would be eligible for workers' compensation benefits.
Original Author:
Hemsley, Sid
Wrecker Regulations
Legal Opinion (Created: 02/17/2009; Reviewed: June 2, 2017)

MTAS was asked whether the city can regulate the number of wreckers that can be on the city's approved towing list.
Original Author:
Ashburn, Melissa
Zoning Amendment Vote
Legal Opinion (Created: 06/04/2002; Reviewed: July 15, 2017)

MTAS was asked to interpret a vote when a majority vote of the membership of the board is required as opposed to a quorum of the present members.
Original Author:
Ashburn, Melissa
Zoning and Restricting Locations of Homeless Shelters
Legal Opinion (Created: 04/09/2012; Reviewed: May 18, 2017)

MTAS was asked about the exercise of emergency powers and where emergency shelters for the homeless can operate.
Original Author:
Hemsley, Sid
Zoning and Subdivision Regulations Are in Conflict
Legal Opinion (Created: 09/17/2002; Reviewed: January 3, 2019)

MTAS was asked which of the zoning regulations and of the subdivision regulations prevail when the two are in conflict.
Original Author:
Hemsley, Sid
Zoning for Group Home
Legal Opinion (Created: 07/25/2005; Reviewed: January 3, 2019)

MTAS was asked whether certain group homes for mentally handicapped people could locate in an R-1 zone in the city.
Original Author:
Hemsley, Sid
Zoning of Tattoo Parlors
Legal Opinion (Created: 12/11/2009; Reviewed: January 3, 2019)

MTAS was asked the status of tattoo studios under the zoning ordinance of the city.
Original Author:
Hemsley, Sid
Zoning Ordinance and Stormwater Ordinance Regulating Land Use in Floodplains
Legal Opinion (Created: 02/26/2008; Reviewed: June 21, 2017)

MTAS was asked three questions related to a "lot of record" that was annexed by the city.
Original Author:
Hemsley, Sid
Zoning Restrictions Applied to Tattoo Parlors
Legal Opinion (Created: 08/09/2011; Reviewed: January 3, 2019)

MTAS was asked whether the city can apply the same zoning restrictions it can apply to tattoo parlors to other businesses such as body piercing, massage parlors, and pawnshops.
Original Author:
Ashburn, Melissa
“Wastewater Treatment Facilities Management Agreement” and Responsibility of the County Water and Wastewater Treatment Authority to Maintain Lateral Sewer Lines
Legal Opinion (Created: 08/03/2017; Reviewed: May 15, 2020)

The City entered into a Wastewater Treatment Facilities Management Agreement with the County Water and Wastewater Treatment Authority for the operation of the City’s wastewater facilities on October 31, 2003. The City actually transferred its facilities to the Authority pursuant to the Agreement. The Authority now claims that it is only responsible for the operation and maintenance of the “main” lines, not the lateral lines, although the City understood that all assets and liabilities of the wastewater facility were transferred to the Authority. MTAS was asked to review the Agreement and statutes and determine if lateral lines are included in the property transferred to the Authority.

General (519)

Original Author:
Major, Al
10 Most Common Audit Findings For Tennessee Municipalities
General (Created: 07/08/2019; Reviewed: July 7, 2020)

A series of articles from MTAS discussing the most common audit findings for Tennessee cities and towns as reported by the Tennessee State Comptroller's Office.
Original Author:
Jones, Bonnie
2013 Workers' Compensation Reform Act
General (Created: 12/13/2013; Reviewed: August 10, 2018)

Effective July 2014, Tennessee's new Workers' Compensation Reform Act goes into effect. The new law is considered favorable to employers and involves a more efficient claims resolution process and lower administrative costs, and it also establishes a panel of judges that will take cases out of the crowded court.
Original Author:
Adams-O'Brien, Frances
2019 Court Cost Data
General (Created: 12/17/2019; Reviewed: May 13, 2020)

A list of the court costs for selected Tennessee cities.
Original Author:
Stokes, Richard
2019 Fair Labor Standards Act final rules released
General (Created: 10/18/2019; Reviewed: October 18, 2019)

The U.S. Department of Labor has set a new standard salary level in the Fair Labor Standards Act of $684 per week/$1,368 biweekly/$1,482 semimonthly/$2,964 month (equivalent of $35,568 per year). The Department has also set the Highly Compensated Employee (HCE) annual compensation amount at a new level of $107,432. The new salary rates are effective January 1, 2020. This hot topic from MTAS reviews the history of the new rules and also discusses discretionary bonuses and incentive payments rule changes.
Original Author:
Spencer, Eric
2020 Payroll Tax Deferral Guidance
General (Created: 09/03/2020; Reviewed: September 3, 2020)

A memo from MTAS on the 2020 Payroll Tax Deferral Program
Original Author:
Wyatt, Steve
A Short Review of Water and Wastewater Rates and Fees
General (Created: 05/12/2020; Reviewed: May 13, 2020)

A review of important variables that influence the setting of rates and fees associated with water and wastewater services in Tennessee municipalities.
Original Author:
Broughton, Jeff
Abandoned or Suspended Construction
General (Created: 12/20/2013; Reviewed: April 21, 2020)

When construction on a residential structure fails inspection and the contractor chooses to walk away from the job, what action can the City take to have the structure either (1) removed, or (2) brought up to code and is the action against the contractor who pulled the permit and/or the property owner for which the contractor is employed?
Original Author:
Norris, Margaret
Ability of City Recorder to Serve as City Manager
General (Created: 12/20/2002; Reviewed: April 22, 2020)

MTAS was asked whether the City Recorder may serve concurrently as City Manager.
Original Author:
Broughton, Jeff
Accepting Land, Gifts, or Donations from Property Owners to the City for Parks
General (Created: 07/30/2014; Reviewed: June 21, 2018)

MTAS was asked several questions about property owners transferring property to the city for open space and parks.
Original Author:
Darden, Ron
Accepting the Resignation of a Council Member
General (Created: 04/22/2005; Reviewed: April 21, 2020)

MTAS was asked about the procedure for accepting the resignation of a council member and for the appointment of a new council member.
Original Author:
Jones, Bonnie
Accruing Leave While on Workers' Comp Leave
General (Created: 07/18/2012; Reviewed: May 1, 2018)

MTAS was asked about an employee accumulating other leave time while on workers' comp leave.
Original Author:
MTAS
Actuarial Services Resource List
General (Created: 06/25/2017; Reviewed: August 15, 2018)

A list of vendors performing actuarial work for GASB 45 benefits.
Original Author:
Broughton, Jeff
Addressing Tall Weeds and Grass
General (Created: 08/21/2014; Reviewed: December 20, 2016)

MTAS provided several documents to assist the city in enhancing its code enforcement program for tall weeds and grass.
Original Author:
Broughton, Jeff
Adopting a Plan of Services before Annexation
General (Created: 10/02/2014; Reviewed: June 11, 2017)

MTAS provided several examples of plans of services for a city.
Original Author:
Hodge, Elisha
Adventures in Annexation: Adventure Guide to Annexation for a Municipality
General (Created: 12/01/2018; Reviewed: May 14, 2020)

This MTAS online "Adventure Guide" provides instruction on each step of the annexation process for Tennessee municipalities. (MTAS Adventure Guide series)
Original Author:
Broughton, Jeff
Agencies to Notify Following Annexation in Tennessee
General (Created: 08/15/2017; Reviewed: May 14, 2020)

MTAS responded to a question from Eagleville regarding who must be notified following the annexation of territory into the corporate city limits.
Original Author:
Wolf, Dennis
Agreement for Reimbursement for Cost of Training and Equipment in the Event of Employment Termination
General (Created: 08/21/2019; Reviewed: May 19, 2020)

A sample agreement for fire departments to use as part of the on-boarding process. An understanding between the department and the employee in the event of a termination within the first two years, the city will be reimbursed for training and equipment provided during this time.
Original Author:
Rollins, Sharon
Agreement for Sewer Service Outside Corporate Limits
General (Created: 06/26/2007; Reviewed: June 9, 2017)

MTAS was asked to provide a model sewer service agreement for areas outside the city limits.
Original Author:
Curran, Bonnie
AIDS in the Workplace
General (Created: 01/22/2008; Reviewed: January 3, 2017)

If an employee is suspected on having AIDS, what are the employee and employer notification responsibilities?
Original Author:
Darden, Ron
Airport Authority and City Roles
General (Created: 12/22/2010; Reviewed: April 21, 2017)

MTAS was asked about clarifying the roles of the city and the airport authority.
Original Author:
Darden, Ron
Alcoholic Beverages On Premises Consumption
General (Created: 01/05/2002; Reviewed: June 18, 2017)

MTAS was asked to provide information and technical assistance in developing ordinances for on premise consumption of alcoholic beverages as permitted by state law and approved by referendum.
Original Author:
Hardy, Pat
Alderman Declines Salary
General (Created: 02/09/2015; Reviewed: May 4, 2017)

MTAS was asked whether an alderman may decline a salary.
Original Author:
Broughton, Jeff
Allowing Non-Resident Property Owners to Vote by Absentee Ballot
General (Created: 02/06/2014; Reviewed: May 30, 2017)

MTAS was asked whether there are Tennessee cities that prevent property rights voters from voting on election day.
Original Author:
Norris, Margaret
Animal Control and Animal Shelter Regulatory Information
General (Created: 08/17/2001; Reviewed: May 30, 2017)

Resources to answer questions regarding animal control and animal shelter regulations.
Original Author:
Broughton, Jeff
Animal Regulations
General (Created: 08/21/2013; Reviewed: May 30, 2017)

MTAS was asked about the number of dogs that may be lawfully maintained and the corresponding sections of city codes, as well as examples of dog licensing regulations.
Original Author:
Broughton, Jeff
Annexation of Contiguous Properties
General (Created: 09/29/2014; Reviewed: June 11, 2017)

MTAS explains that land proposed for annexation must be adjoining the existing city, without intervening space between the land proposed for annexation and the existing city.
Original Author:
Darden, Ron
Annexation Study Update
General (Created: 07/05/2011; Reviewed: May 30, 2017)

MTAS was asked to prepare an updated annexation study for the Town of Bell Buckle.
Original Author:
Barton, Rex
Application of FLSA to Police Academy Training
General (Created: 02/24/2003; Reviewed: May 13, 2020)

The Wage and Hour office of the Department of Labor has determined that all time spent in training at the police academy is compensable time.
Original Author:
Hardy, Pat
Appointing a New Mayor
General (Created: 05/24/2011; Reviewed: May 19, 2020)

MTAS was asked who will be Mayor if the current Mayor resigns his seat.
Original Author:
Darden, Ron
Appointing Members to Boards and Commissions
General (Created: 09/20/2010; Reviewed: May 31, 2017)

MTAS was asked about the appointment process for various boards and agencies of the city.
Original Author:
Darden, Ron
Appropriating Funds for the Use of a Recreation Committee
General (Created: 07/30/2012; Reviewed: May 30, 2017)

MTAS was asked for clarification on appropriating funds for the use of a recreation committee.
Original Author:
Broughton, Jeff
Appropriation Agreement and Resolution Providing Funding for a Non-Profit Charitable Organization
General (Created: 09/08/2014; Reviewed: April 21, 2020)

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
Appropriation Agreement with the Bristol Chamber of Commerce for Program Support
General (Created: 01/30/2014; Reviewed: January 30, 2014)

An agreement based on T.C.A. ' 6-54-111 that authorizes the city to appropriate funds for the financial aid of nonprofit civic organizations and that sets forth guidelines specifying the purpose for which the funds may be used by the organization.
Original Author:
Jones, Bonnie
Asking an Employee to Cover Up Tattoos and Piercings
General (Created: 03/31/2014; Reviewed: January 3, 2017)

MTAS was asked whether a city can ask an employee to cover up tattoos and piercings.
Original Author:
MTAS
Assessment Center Process
General (Created: 06/01/2000; Reviewed: May 16, 2017)

An Assessment Center is not a place--it is a method of evaluating candidates using standardized techniques under controlled conditions.
Original Author:
Athens
Athens Rain Garden Program and Grant
General (Created: 04/08/2010; Reviewed: April 21, 2020)

A brochure on building a rain garden and how public works can help with excavation and bedding materials.
Original Author:
Jaeckel, Gary
Authority of City to Use a Local Referendum in Specific Instances
General (Created: 04/25/2011; Reviewed: May 31, 2017)

A city's use of a referendum is limited to thirteen specific instances in the State of Tennessee.
Original Author:
Hardy, Pat
Authority to Call Special Meetings
General (Created: 06/24/2004; Reviewed: May 26, 2020)

MTAS was asked whether the Mayor, City Administrator, or other Aldermen can call a special meeting of the Board of Mayor and Aldermen.
Original Author:
Darden, Ron
Authority to Carry Firearms
General (Created: 10/20/2006; Reviewed: June 21, 2017)

MTAS was asked about an alderman serving as commissioner of safety or police and carrying a firearm in that capacity.
Original Author:
Blake, Karen
Authority to Set and Collect a City Litigation Tax After the Enactment of the Municipal Court Reform Act
General (Created: 08/22/2014; Reviewed: June 26, 2017)

MTAS was asked whether or not a city still has the authority to set and to collect a city litigation tax after the enactment of the Municipal Court Reform Act.
Original Author:
Bay County, Fla.
Bay County Launches Website about Half-Cent Sales Tax Projects
General (Created: 09/26/2016; Reviewed: June 7, 2017)

This website provides a good example of what happens when a county or city wants to have a referendum that raises the limit; plus, the local government wants to know how to publicize the referendum without paying to support one side or the other.
Original Author:
Broughton, Jeff
Beer and Tobacco Store Wants to Sell Alcohol
General (Created: 09/29/2014; Reviewed: June 19, 2017)

MTAS was asked how the new wine in grocery stores law relates to the ability of a beer and tobacco store to commence the sale of alcohol and what items may be offered for sale in a liquor store.
Original Author:
Darden, Ron
Beer License Renewal
General (Created: 01/28/2002; Reviewed: June 19, 2017)

MTAS was asked if the City Recorder has the authority to renew an annual beer license.
Original Author:
Broughton, Jeff
Beer Permits for a City Festival
General (Created: 05/19/2015; Reviewed: May 19, 2020)

MTAS was asked to provide sample temporary beer permits for a city festival in the downtown area.
Original Author:
Collierville
Bicycle Patrol Policy and Training Topics
General (Created: 05/17/2007; Reviewed: June 21, 2017)

A policy for establishing a police bicycle patrol and lesson plans for ten training topics.
Original Author:
Broughton, Jeff
Blending or Infusing Beer with Other Non-Alcoholic Beverages
General (Created: 06/05/2014; Reviewed: May 19, 2020)

MTAS was asked if the state regulates the blending or infusing of beer with other non-alcoholic beverages.
Original Author:
Wolf, Dennis
Bloodborne Pathogens Exposure Control Plan
General (Created: 08/06/2018; Reviewed: May 27, 2020)

The following Exposure Control Plan (ECP) has been developed to eliminate or minimize occupational exposure to bloodborne pathogens according to OSHA standard 29 CFR 1910.1030, “Occupational Exposure to Bloodborne Pathogens.” This exposure control plan is an element of our safety and health program and complies with TOSHA’s Bloodborne Pathogens, 1910.1030, requirements. The information contained in this publication is not considered a substitute for the OSH Act or any provisions of OSHA standards. It provides general guidance on a particular standard-related topic but should not be considered a definitive interpretation for compliance with OSHA requirements. The reader should consult the OSHA standard in its entirety for specific compliance requirements.
Original Author:
Hardy, Pat
Board Appointments or Dismissal Confirmations for Certain Staff Positions
General (Created: 12/13/2013; Reviewed: May 9, 2017)

MTAS was asked whether the Board of Mayor and Aldermen should play an increased role (hiring or dismissal) in one or more staff positions in order to provide employee protection for 'whistleblower' actions.
Original Author:
Darden, Ron
Board Member Responsibilities and Job Description
General (Created: 02/06/2008; Reviewed: February 24, 2010)

MTAS was asked questions relating to an alderman's responsibilities and job description.
Original Author:
Barton, Rex
Body Armor Policy
General (Created: 03/25/2002; Reviewed: June 21, 2017)

The city will provide personal body armor (bulletproof vest) to each full-time police officer and provide guidance in the use of the equipment.
Original Author:
Carrier, Angie
Bonding of Mayor and Town Recorder
General (Created: 02/09/2018; Reviewed: May 14, 2020)

MTAS responds to an inquiry regarding whether the mayor and town recorder must be bonded.
Original Author:
Hardy, Pat
Borrowing Funds for School Construction
General (Created: 04/09/2002; Reviewed: April 22, 2020)

MTAS was asked whether a municipality could borrow money to help finance the construction of a new county elementary school.
Original Author:
Adams-O'Brien, Frances
Brush Collection Policies: an MTAS Survey
General (Created: 03/28/2008; Reviewed: May 27, 2020)

Examples of brush collection policies from various cities.
Original Author:
Darden, Ron
Business Tax Exemption
General (Created: 09/16/2008; Reviewed: October 24, 2016)

MTAS was asked about business tax exemption and business licenses.
Original Author:
Stokes, Richard
Calculating Overtime Pay for Firefighters and Police
General (Created: 05/08/2012; Reviewed: May 4, 2017)

MTAS was asked to clarify how to calculate pay for non-exempt law enforcement and fire protection personnel.
Original Author:
Hardy, Pat
Can a City Sell T-shirts on the Internet?
General (Created: 11/20/2014; Reviewed: November 21, 2014)

MTAS was asked whether a city may sell items on the Internet, specifically, whether the city may sell T-shirts on the Internet.
Original Author:
Hodge, Elisha
Can Facebook images be used as evidence for municipal violation and citation?
General (Created: 10/31/2017; Reviewed: December 11, 2019)

MTAS responds to a question regarding whether images on Facebook be used as evidence for municipal violation and citation.
Original Author:
Barton, Rex
Canine Team Policy
General (Created: 01/10/2002; Reviewed: May 27, 2020)

The purpose of this policy is to establish the mission of the canine team, establish procedures for the use of the canine team, and outline the responsibilities of the canine handler.
Original Author:
Jones, Bonnie
Caps on Compensatory Time
General (Created: 07/16/2012; Reviewed: May 5, 2017)

MTAS was asked about the amount of compensatory time that an employee may accumulate.
Original Author:
Hardy, Pat
Car Allowance Policy
General (Created: 11/12/2009; Reviewed: January 3, 2017)

MTAS was asked to assist with the creation of a car allowance policy for the City of Morristown.
Original Author:
Wolf, Dennis
Caught in the Middle of Leadership
General (Created: 07/31/2003; Reviewed: May 27, 2020)

Middle management in the fire service can be quite a balancing act.
Original Author:
Hardy, Pat
Cellular Phone Use Policy
General (Created: 12/13/2005; Reviewed: January 3, 2017)

The purpose of this policy is to offer guidance in the use and application of City of Rogersville owned phones.
Original Author:
Tennessee Dept. of Economic and Community Development
Certified Population of Tennessee Incorporated Municipalities
General (Created: 07/01/2005; Reviewed: October 16, 2018)

For use in the distribution of state shared taxes to incorporated municipalities.
Original Author:
Hodge, Elisha
Chalking Tires for Parking Enforcement Is Unreasonable Search
General (Created: 04/30/2019; Reviewed: May 15, 2020)

MTAS Legal Consultant Elisha Hodge notifies Tennessee municipalities that the US Court of Appeals for the Sixth Circuit opined that the practice of marking tires with chalk, in order to monitor how long a vehicle is parked in a parking space for the purpose of enforcing parking restrictions, is an unreasonable search in violation of the Fourth Amendment of the United States Constitution.
Original Author:
Jones, Bonnie
Changes to Pay Schedule
General (Created: 08/23/2012; Reviewed: May 15, 2017)

MTAS was asked about transitioning to a new payday date; the work week currently ends on Saturday, but Friday is payday.
Original Author:
Jones, Bonnie
Charging Time for Employee Court Appearance
General (Created: 07/03/2012; Reviewed: May 5, 2017)

MTAS was asked how to pay a new employee for a personal court appearance when the employee has not yet earned vacation time.
Original Author:
Broughton, Jeff
Charitable Donation Policy
General (Created: 10/17/2014; Reviewed: September 24, 2018)

MTAS provided several examples of charitable donation policies.
Original Author:
Darden, Don
Charter and Conflict of Interest Questions
General (Created: 01/26/2006; Reviewed: May 8, 2017)

MTAS was asked about Private Law Charters, whether city employees may run for elected office, and about conflict of interest.
Original Author:
Darden, Ron
Charter Provisions Favoring Local Bidders
General (Created: 02/24/2009; Reviewed: February 22, 2010)

MTAS was asked about retaining charter provisions favoring local bidders.
Original Author:
Norris, Margaret
Charter Question about Property Taxes and Enforcing Ordinances
General (Created: 06/03/2004; Reviewed: October 26, 2016)

MTAS was asked for a written explanation about the Town's authority to enforce its ordinances in relation to assessing or not assessing a property tax.
Original Author:
Finane, Jim
Citations in Lieu of Arrest and Ordinance Summonses
General (Created: 10/28/1999; Reviewed: May 28, 2020)

MTAS was asked to prepare citations in lieu of arrest and ordinance summonses.
Original Author:
Darden, Ron
Cities Conducting Games or Contests for Money
General (Created: 08/04/2011; Reviewed: November 28, 2016)

MTAS was asked whether a city can sponsor a contest that charges registration fees, with part of the proceeds being donated to the regional library and part of the proceeds used for prizes.
Original Author:
Wolf, Dennis
Cities Providing Fire Service Outside Their Limits
General (Created: 12/19/2011; Reviewed: April 13, 2020)

MTAS was asked whether a County may contract with a City for fire protection for a specific area outside the town limits.
Original Author:
Broughton, Jeff
Cities That Operate Gas Departments
General (Created: 03/12/2014; Reviewed: January 19, 2017)

MTAS was asked for information about cities that operate gas departments and the Tennessee Energy Acquisition Corporation (TEAC).
Original Author:
Darden, Ron
Cities with Recall Provisions
General (Created: 01/23/2006; Reviewed: January 29, 2020)

MTAS was asked to determine which Tennessee cities have recall provisions.
Original Author:
Hardy, Pat
City Administrator Employment Agreement
General (Created: 05/03/2013; Reviewed: May 31, 2017)

This employment agreement applies to someone who is an employee of the city and has moved up to the administrator position.
Original Author:
Darden, Ron
City Council Agenda Formats
General (Created: 09/19/2011; Reviewed: June 19, 2017)

Four sample city council agendas and one study session agenda are included.
Original Author:
Darden, Don
City Council Vote
General (Created: 05/14/2003; Reviewed: May 28, 2020)

MTAS was asked the effect of a vote of the city council on a resolution in which three members voted 'yes,' two members voted 'no,' and one member abstained from voting.
Original Author:
Jones, Bonnie
City Drug Testing
General (Created: 08/06/2012; Reviewed: January 3, 2017)

MTAS was asked several questions about the legalities of drug testing and for sample policies for the City.
Original Author:
Barton, Rex
City Employee Volunteering as a Reserve Police Officer
General (Created: 03/16/2001; Reviewed: May 28, 2020)

MTAS was asked about the legality of a city employee 'volunteering' his/her time as a reserve police officer.
Original Author:
Brentwood
City Judge Appointment Procedures
General (Created: 04/17/2009; Reviewed: June 26, 2017)

The City of Brentwood developed a procedure for appointing a city judge.
Original Author:
Norris, Margaret
City Manager Evaluation Cover Letter
General (Created: 07/13/2001; Reviewed: May 31, 2017)

Information to aid in completing an evaluation of a city manager.
Original Author:
Darden, Ron
City Manager Orientation
General (Created: 05/20/2011; Reviewed: May 31, 2017)

MTAS services and other information explained to a new city manager.
Original Author:
Chattanooga
City of Chattanooga Procurement Instruction Manual
General (Created: 03/13/2014; Reviewed: April 22, 2020)

This manual establishes the policies and procedures required to be followed by the City of Chattanooga's (City) departments and agencies in fulfilling procurement and related logistical responsibilities within the delegated limits when performing procurement functions. The manual as written, serves as a user's guide for City employees and officials when implementing authorized purchasing procedures.
Original Author:
Darden, Ron
City of Harrogate Purchasing Procedures
General (Created: 04/05/2002; Reviewed: June 2, 2020)

Puchasing procedures with the mayor acting as the purchasing agent for the city.
Original Author:
Environmental Management Group
City of Niota Wastewater Treatment Plant Operator Agreement
General (Created: 08/15/2017; Reviewed: October 3, 2017)

A contract between city of Niota and the Environmental Management Group to provide personnel to operate and maintain the wastewater plant.
Original Author:
Darden, Don
City of Smithville, Tennessee: A Resolution
General (Created: 10/17/2001; Reviewed: May 8, 2017)

Requested that MTAS prepare amendments to the current private act charter as it pertains to a city court.
Original Author:
Wolf, Dennis
City of Whitwell Fire Department
General (Created: 10/09/2001; Reviewed: November 7, 2016)

MTAS was asked the minimum age and physical requirements for volunteer firefighters.
Original Author:
Broughton, Jeff
City Regulation of Commercial Poultry Production Houses
General (Created: 11/18/2014; Reviewed: June 22, 2017)

MTAS provided information regarding city regulation of chicken houses and the domestic use of poultry and foul. A follow-up letter provides an example of a zoning ordinance that bans poultry production houses within the city limits.
Original Author:
Hardy, Pat
City Responsibility for Property Line Pin
General (Created: 11/08/2004; Reviewed: June 2, 2020)

MTAS was asked about a situation related to a property-line 'pin' that was covered in a recent street paving.
Original Author:
Carrier, Angie
City versus state regulation of sale of beer and liquor
General (Created: 02/22/2018; Reviewed: December 11, 2019)

MTAS was asked "what is the distance requirement (from church, school, public gathering place) for the State of Tennessee regarding sale of liquor and sale of beer (on-premise)?" The following information addresses the authority to regulate distance requirements.
Original Author:
Hardy, Pat
Civil Service: Some Pros, Cons and Suggestions for Reform
General (Created: 10/05/2006; Reviewed: May 2, 2017)

The purpose of this paper is to discuss some of the pros and cons related to civil service and to offer suggestions for improvements.
Original Author:
Barton, Rex
Civilian Ride-Along Programs
General (Created: 03/25/2002; Reviewed: June 21, 2017)

A civilian should meet certain eligibility requirements to participate in a municipal police department's ride-along program.
Original Author:
Phebus, Dick
Clarification of Provisions of the Municipal Finance Officer Certification and Education Act of 2007
General (Created: 07/07/2010; Reviewed: July 23, 2010)

MTAS was asked to explain CMFO options for the Town of Oakland.
Original Author:
Wolf, Dennis
Classified and Commercial Driver Licenses Chapter 1340-1-13
General (Created: 04/16/2002; Reviewed: February 8, 2017)

Commercial driver licenses are not required for drivers operating emergency vehicles.
Original Author:
Broughton, Jeff
Code of Ethics for City Officials and Employees
General (Created: 08/21/2014; Reviewed: May 9, 2017)

MTAS provided information on a code of ethics and workplace bullying.
Original Author:
Angerer, David
Commission Form of Government
General (Created: 06/22/2006; Reviewed: May 25, 2017)

MTAS was asked to address the advantages and disadvantages associated with changing the City to a commission form of government.
Original Author:
Wolf, Dennis
Commissioning Fire Investigators
General (Created: 04/16/2013; Reviewed: May 23, 2017)

MTAS was asked whether a fire department should grant commissioned peace officer status to the department's fire investigators for conducting fire and arson investigations.
Original Author:
Stokes, Richard
Companies Who Can Do Compensation Studies
General (Created: 02/05/2009; Reviewed: June 2, 2017)

A list of consulting companies in the South/Southeast who can do compensation studies.
Original Author:
Stokes, Richard
Compensation Policy Required by Law
General (Created: 04/02/2012; Reviewed: May 11, 2017)

MTAS was asked whether cities are required by law to have a compensation policy.
Original Author:
Jaeckel, Gary
Conditions of Abandoning a Street
General (Created: 02/15/2011; Reviewed: April 22, 2020)

MTAS was asked whether a city can abandon a street and what happens when a street is abandoned by a city.
Original Author:
Barton, Rex
Conducted Energy Weapon (M26 Taser) Policy
General (Created: 06/26/2003; Reviewed: June 10, 2020)

MTAS was asked to supply policies and procedures for police use of tasers.
Original Author:
Hardy, Pat
Consolidation of City and County Governments: A Look at the History and Outcome-Based Research of These Efforts
General (Created: 08/21/2019; Reviewed: August 21, 2019)

This research is available in the two attached documents on the history of consolidation and the pros and cons of consolidation.
Original Author:
Broughton, Jeff
Continuation of a Nonconforming Commercial Use in a Residential Zoning District
General (Created: 11/14/2014; Reviewed: June 22, 2017)

A commercial building was constructed prior to the advent of zoning in the town; the proposed commercial use is a used car lot, but the present zoning is R-1.
Original Author:
Norris, Margaret
Contract for Consolidated Law Enforcement
General (Created: 11/02/2004; Reviewed: June 15, 2020)

MTAS was asked to review a police services contract with the county sheriff's office and created a new one.
Original Author:
Broughton, Jeff
Contraction/Deannexation of Property by Ordinance
General (Created: 02/26/2014; Reviewed: May 23, 2017)

MTAS was asked whether there can be spot deannexation of a parcel of land while leaving the other surrounding parcels inside the Town limits.
Original Author:
Darden, Don
Contradictory Provisions of City Charter Related to Sidewalks
General (Created: 05/20/2005; Reviewed: April 22, 2020)

MTAS was asked whether the owner or the city is required to construct sidewalks.
Original Author:
Darden, Ron
Convenience Petition
General (Created: 07/12/2005; Reviewed: September 25, 2018)

A petition that the County Mayor find and declare that the public convenience and necessity require that the exclusive franchise of Claiborne Utility District, Claiborne County, Tennessee to provide wastewater service within the City of Harrogate 'City's' boundaries be modified.
Original Author:
MTAS
Convention Center Management Agreement Among the Convention Center Corporation and John Q. Hammons Hotels, Inc.
General (Created: 08/17/2001; Reviewed: June 15, 2020)

Contract regarding convention center management.
Original Author:
Rollins, Sharon
Converting Two Way Streets to One Way Streets
General (Created: 03/19/2007; Reviewed: April 22, 2020)

MTAS was asked to evaluate city streets for conversion from two way to one way and to provide guidance on traffic flow, signage, and parking.
Original Author:
Broughton, Jeff
Corridor Annexation
General (Created: 10/06/2016; Reviewed: May 26, 2017)

MTAS was asked about a possible annexation of a right-of-way connecting the corporate limits to a larger piece of property outside the city, with no other property to be annexed along the right-of-way.
Original Author:
Wolf, Dennis
Cost of Maintaining Fire Hydrants
General (Created: 02/26/2013; Reviewed: May 12, 2017)

MTAS was asked about the annual cost of maintaining fire hydrants.
Original Author:
Hardy, Pat
Cost of Relocating a Water Line
General (Created: 08/17/2016; Reviewed: August 17, 2016)

MTAS was asked who is responsible for the cost of relocating a water line, if the utility district owns the water line and the Town caused the relocation of the water line.
Original Author:
Wolf, Dennis
Cost Recovery of Hazardous Materials Clean-Up and Response
General (Created: 02/05/2002; Reviewed: November 7, 2016)

MTAS was asked to provide information on the cost recovery involving hazardous materials spills.
Original Author:
Neill, Ronnie
Costs of Multiple Charges
General (Created: 05/12/2003; Reviewed: July 1, 2020)

MTAS was asked whether an offender charged with two different charges on the same ticket is charged with two court costs or just one.
Original Author:
Hardy, Pat
Councilmember Running for Mayor
General (Created: 02/12/2003; Reviewed: July 1, 2020)

MTAS was asked whether a sitting councilmember can run for the office of Mayor without resigning his current council seat.
Original Author:
Darden, Ron
Counting of Board Votes
General (Created: 08/10/2004; Reviewed: July 1, 2020)

MTAS was asked how a board vote of two for, one abstention, and one passing is to be recorded.
Original Author:
Broughton, Jeff
County Funding of Roads
General (Created: 06/29/2016; Reviewed: June 30, 2016)

MTAS was asked three questions: (1) Whether a county highway department is restricted in spending its gas tax revenues to only outside municipalities; (2) Whether a county can legally earmark a portion of county property taxes collected within a municipality to roads outside the municipality; and (3) Whether a county is required to have a public hearing before final passage of the budget.
Original Author:
Darden, Ron
County Gift of Real Property to a City
General (Created: 07/27/2005; Reviewed: April 17, 2017)

MTAS was asked whether the county could give a parcel of land to the city.
Original Author:
Barton, Rex
Court Liason Programs
General (Created: 01/10/2002; Reviewed: July 6, 2020)

The Court Liaison Program is a cooperative effort of the local police department, the District Attorney General's office and the General Sessions Court Judge to reduce police overtime costs.
Original Author:
Adams-O'Brien, Frances
COVID-19 (Coronavirus) Resources for Local Government in Tennessee
General (Created: 03/04/2020; Reviewed: November 2, 2020)

A list of resources for local governments in Tennessee related to the COVID-19 Coronavirus. This list will be updated regularly as resources become available. Note: Due to the variety and volume of information on this page, new resources that are more recently added to this page are indicated with RED type.
Original Author:
Dennis Wolf
COVID-19 and Municipal Governments: A Hot Topic Q & A for Tennessee Municipalities
General (Created: 03/16/2020; Reviewed: March 23, 2020)

The first case in the United States of 2019-nCoV, the 2019 novel coronavirus, now classified as COVID-19, was diagnosed on January 20, 2020, in Snohomish County, Washington. Since then, more people have been diagnosed with COVID-19, and cities are struggling to find information of how to respond to the spread of the virus and how the virus will affect the city’s ability to continue to provide municipal services. This MTAS Hot Topic provides guidance for cities on these issues. (Updated 3/23/2020)
Original Author:
Darden, Don
Creation of Metropolitan Government
General (Created: 08/18/2004; Reviewed: July 6, 2020)

MTAS was asked if the Town of Woodbury could stop a proposed effort to implement metropolitan government in Cannon County, Tennessee.
Original Author:
Wolf, Dennis
Critical Need for Volunteer Incentive Programs
General (Created: 08/23/2005; Reviewed: May 24, 2017)

Volunteer incentive programs must be developed by each fire department to insure that the drop out rate is reduced to the lowest level possible.
Original Author:
Cross, Ralph
Current Topics Affecting Municipal Governments: Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of 2004
General (Created: 08/09/2004; Reviewed: June 2, 2017)

A powerpoint presentation; this is not a full overview of the entire registry issue, only about the payments and registration of offenders and limitations on spending the proceeds.
Original Author:
Cook, Gail
Daily Cash Report
General (Created: 09/09/2010; Reviewed: October 18, 2010)

An example of a simple daily cash report for the City of Plainview.
Original Author:
Hardy, Pat
Deannexation and the Payment of Property Taxes
General (Created: 02/23/2005; Reviewed: October 3, 2017)

MTAS was asked about the process of deannexation (also known as 'contraction') and about the payment of property taxes for those who reside in the area to be deannexed.
Original Author:
Wolf, Dennis
Deducting Union Dues for Firefighters
General (Created: 03/13/2002; Reviewed: May 23, 2017)

MTAS was asked to research cities' requirements to deduct union dues from firefighters.
Original Author:
Darden, Don
Deducting Union Dues from Firefighters' Paychecks
General (Created: 06/25/2002; Reviewed: July 6, 2020)

MTAS was asked for an opinion regarding the deduction of union dues from firefighter's paychecks.
Original Author:
Broughton, Jeff
Defined Benefit Retirement Plans and Benefits
General (Created: 10/20/2014; Reviewed: January 3, 2017)

MTAS provided examples of retirement plans from several cities and information from TCRS.
Original Author:
Darden, Ron
Delinquent Business Tax and Garbage Fees
General (Created: 01/30/2003; Reviewed: July 6, 2020)

MTAS was asked for assistance in collecting business tax and garbage fees.
Original Author:
Stokes, Richard
Dependent Healthcare Coverage
General (Created: 05/29/2012; Reviewed: January 3, 2017)

MTAS provided information on Healthcare Reform and dependent care.
Original Author:
Chlarson, John
Disaster Response Documents
General (Created: 04/18/2011; Reviewed: July 25, 2017)

A collection of documents that includes disaster cleanup bid documents, FEMA 322 Disaster Response, and USACE Scope of Work Example.
Original Author:
Hardy, Pat
Discussion of Comp-Time Use for Exempt Employees
General (Created: 08/30/2016; Reviewed: May 5, 2017)

MTAS was asked to look at the practice of providing compensatory time for 'overtime' hours worked by exempt employees, including how widespread the practice is among cities, and the pros and cons associated with the practice.
Original Author:
Hardy, Pat
Disease Management Program RFP or RFQ
General (Created: 02/08/2006; Reviewed: March 22, 2010)

MTAS was asked about the use of an RFP for a 'Disease Management Program.'
Original Author:
Broughton, Jeff
Disposing of an Abandoned Vehicle
General (Created: 02/03/2016; Reviewed: October 7, 2020)

MTAS provided information on the process to dispose of a private vehicle that was abandoned.
Original Author:
Huffer, Dennis
Disposition of Court Costs, Litigation Tax Revenues, and Fines
General (Created: 12/22/2004; Reviewed: July 6, 2020)

MTAS was asked to provide a summary of distribution of court costs, fines, and litigation taxes.
Original Author:
Barton, Rex
Disposition of Proceeds From the Sale of Confiscated Vehicles
General (Created: 10/15/2002; Reviewed: October 3, 2018)

MTAS was asked about the proceeds from the sale of vehicles seized for Driving Under the Influence or Driving on a Revoked Drivers License violations.
Original Author:
Barton, Rex
Disposition of Seized Cash
General (Created: 06/01/2004; Reviewed: July 8, 2020)

MTAS was asked about the proper procedures for storing cash seized by the police department.
Original Author:
Broughton, Jeff
Dissolution and Reinstatement of an Industrial Development Board
General (Created: 02/18/2014; Reviewed: May 16, 2017)

MTAS was asked whether an IDB is automatically dissolved if they do not meet and how an IDB might be reinstated.
Original Author:
Lindsey, L. Shawn
Distribution of Mulch Materials for the City of Athens
General (Created: 01/10/2006; Reviewed: October 27, 2016)

It is the intent of the City of Athens to make these mulch materials, produced or collected by the Public Works Department, available to City of Athens residents and/or City of Athens employees for their personal use.
Original Author:
Hardy, Pat
District vs. At-Large Elections
General (Created: 02/23/1995; Reviewed: May 25, 2017)

MTAS was asked to assist with a presentation on the subject of district vs at-large elections.
Original Author:
Huffer, Dennis
Drafting a Sewer Ordinance
General (Created: 11/05/2004; Reviewed: July 8, 2020)

Guidelines for ordinance and statute drafting.
Original Author:
Chlarson, John
Drainage Law and the Responsibility of the Design Engineer
General (Created: 05/13/2005; Reviewed: October 7, 2020)

A PowerPoint presentation for the Tennessee section of ASCE.
Original Author:
Chlarson, John
Drainage Work on Private Property
General (Created: 03/08/2005; Reviewed: October 25, 2016)

MTAS was asked to provide technical assistance on issue of public works department doing work on private property.
Original Author:
Rogers, Honna
E-mail Distribution By City and City-Wide Wifi Analytics Disclosure
General (Created: 01/12/2017; Reviewed: December 13, 2019)

MTAS responds to questions regarding emails distributed by the city to residents and the legal risks of installing wireless internet connections in a downtown area of the city.
Original Author:
Broughton, Jeff
Education Funding as It Relates to the Distribution of the County Property Tax and Wheel Tax Revenues
General (Created: 06/26/2014; Reviewed: November 28, 2016)

The county may direct that wheel tax revenues be used to support the county school system, thereby allowing the county to reduce the property tax levy dedicated for school purposes. MTAS was asked about the impact of such a change on county revenues received by the school system and school maintenance of effort issues.
Original Author:
Norris, Margaret
Effective Council Meetings Course Manual
General (Created: 11/11/2003; Reviewed: June 19, 2017)

Course manual for City University Course.
Original Author:
Hardy, Pat
Electric System Director Interview Questions
General (Created: 10/15/2020; Reviewed: October 15, 2020)

Sample interview questions developed by MTAS for interviewing candidates for position of municipal electric system director.
Original Author:
Broughton, Jeff
Eliminating the Carbon Monoxide Detector Requirements in the 2012 International Building Code and International Residential Code
General (Created: 08/23/2016; Reviewed: December 19, 2016)

MTAS was asked whether it is permissible to eliminate the carbon monoxide detector requirements in the 2012 IBC and IRC and if that complies with standards adopted by the State Fire Marshal.
Original Author:
Wolf, Dennis
Emergency Management for Municipalities in Tennessee
General (Created: 02/12/2009; Reviewed: February 8, 2017)

MTAS was asked whether a city should have an emergency management director.
Original Author:
Stokes, Richard
Emergency Personnel Annual Physicals and Overtime Pay Questions
General (Created: 09/17/2012; Reviewed: January 3, 2017)

MTAS was asked whether annual physicals are mandatory for police and fire personnel and about overtime pay.
Original Author:
Broughton, Jeff
Employee Handbook Information
General (Created: 09/09/2013; Reviewed: January 3, 2017)

MTAS was asked about the benefits of having an employee handbook; includes two examples of handbooks.
Original Author:
Jones, Bonnie
Employee Seeking Promotion Treated Like Other Candidates
General (Created: 07/19/2012; Reviewed: May 16, 2017)

MTAS was asked whether there is any protection of the candidacy information of an employee who is seeking a promotion.
Original Author:
Hardy, Pat
Employment Agreement between the Town of Baileyton, Tennessee, and a Wastewater Treatment Operator
General (Created: 06/14/2012; Reviewed: April 4, 2017)

The town wishes to employ an individual for a period of one year in order to determine if they are capable of operating the Town's wastewater treatment plant, a highly regulated facility which must be operated to exact regulations as required by state, local, and federal agencies.
Original Author:
Hardy, Pat
Employment Agreement for City Manager
General (Created: 12/14/2005; Reviewed: May 31, 2017)

An employment agreement between the city and the city manager.
Original Author:
Platteville, Wis.
Employment Contract City Manager
General (Created: 01/01/1997; Reviewed: May 31, 2017)

An employment contract for the position on City Manager.
Original Author:
Barton, Rex
Encryption of Radio Signals
General (Created: 03/29/2001; Reviewed: October 31, 2016)

Encryption will keep eavesdroppers from being able to listen to radio transmissions as they happen, but official recordings of the transmissions are public records.
Original Author:
Rollins, Sharon
Engineering Fees
General (Created: 06/13/2006; Reviewed: October 25, 2016)

MTAS was asked for information on determining engineering fees.
Original Author:
Denton, Sondra
Englewood Debt Management Policy
General (Created: 09/20/2011; Reviewed: September 20, 2020)

MTAS was asked to customize the model debt policy based on a percentage of expenditures.
Original Author:
Broughton, Jeff
Enhancing the Economic Vitality of the Central Business District
General (Created: 12/11/2015; Reviewed: May 5, 2017)

MTAS provided several approaches that have been successfully employed in other Tennessee cities to accomplish this objective.
Original Author:
Broughton, Jeff
Establishing a City Court
General (Created: 08/01/2013; Reviewed: June 26, 2017)

Regarding the establishment of a city court, the city should notify the Administrative Office of the Courts (AOC) in writing. After the names of the judge and clerk are in the AOC system, they will receive notices of conferences and training classes.
Original Author:
Broughton, Jeff
Establishing a Planning Commission and Initiating Zoning within the Corporate Limits
General (Created: 09/09/2013; Reviewed: June 21, 2017)

MTAS was asked to provide information about the requirements for creating a planning commission and initiating zoning.
Original Author:
Darden, Don
Establishing an Economic Development Program
General (Created: 03/24/2003; Reviewed: May 9, 2017)

The City of Medina requested MTAS to assist in establishing an economic development program.
Original Author:
Darden, Don
Establishing Liquor by the Drink and Package Stores
General (Created: 11/20/2003; Reviewed: October 19, 2018)

MTAS was asked to outline the process of establishing liquor by the drink, including the option of packaged liquor stores.
Original Author:
Broughton, Jeff
Examples of Vehicle Use Policies
General (Created: 08/21/2013; Reviewed: May 19, 2017)

MTAS was asked to provide some samples of vehicle use policies.
Original Author:
Broughton, Jeff
Excess Funds in Public Improvement Bond
General (Created: 01/08/2014; Reviewed: January 21, 2014)

MTAS was asked whether excess funds that remained from a public improvement bond called to complete required subdivision work should be returned to the surety company.
Original Author:
Wolf, Dennis
Exempt and Non-Exempt Cities Under the State Fire Marshal's Building and Fire Code
General (Created: 10/31/2003; Reviewed: January 13, 2017)

MTAS was asked the difference between an exempt and nonexempt city under the State Fire Marshal's Building and Fire Code.
Original Author:
Broughton, Jeff
Exemption from Application of the State Fire Marshal's Minimum Statewide Standards under T.C.A. '68-120-101
General (Created: 03/27/2014; Reviewed: December 19, 2016)

MTAS was asked whether the town is authorized to issue building permits and conduct inspections on the new county elementary school.
Original Author:
Broughton, Jeff
Facility Naming Policies
General (Created: 06/15/2015; Reviewed: May 30, 2017)

MTAS was asked to provide some examples of facility naming policies.
Original Author:
Ashburn, Melissa
Families First Coronavirus Response Act: A Summary for Tennessee Municipalities
General (Created: 03/24/2020; Reviewed: March 24, 2020)

A summary of the federal Families First Coronavirus Response Act (signed into law March 18, 2020) to assist employers and employees during the pandemic.
Original Author:
Broughton, Jeff
Farmers' Markets in Tennessee Cities
General (Created: 04/13/2015; Reviewed: May 16, 2017)

MTAS was asked for information on what a city needs to know to host a farmers' market inside the city limits, including rules, regulations, and vendor applications.
Original Author:
Wolf, Dennis
Final Regulations: Volunteers and the Affordable Care Act
General (Created: 02/17/2014; Reviewed: May 24, 2017)

In summary, hours worked by a volunteer who does not receive (and is not entitled to receive) compensation in exchange for the performance of services are not treated as hours of service for purposes of the Patient Protection and Affordable Care Act (PPACA).
Original Author:
Broughton, Jeff
Financial Review of Non-City Athletic Leagues
General (Created: 02/06/2014; Reviewed: May 30, 2017)

MTAS was asked whether the City has an obligation to conduct any type of financial review of non-city athletic leagues.
Original Author:
Hardy, Pat
Fines for Violation of Town Ordinances
General (Created: 04/02/2007; Reviewed: June 26, 2017)

MTAS was asked how much the fine can be and if a separate fine can be assessed for each day of a violation.
Original Author:
Wolf, Dennis
Fire chief is in the driver's seat
General (Created: 09/13/2001; Reviewed: May 23, 2017)

An article answering the question regarding the responsibility and scheduling of the Fire Chief's position in a fire department.
Original Author:
Tennessee Fire Chiefs Association
Fire Department Recognition Bill
General (Created: 02/26/2003; Reviewed: January 13, 2017)

This information from a TFCA flyer answers questions about the Fire Department Recognition Bill.
Original Author:
West, Gary
Fire Department Standard Operating Procedure: Fire Department Vehicle Safety, Emergency and Non-Emergency Response, Safe Emergency Operations on Roadways
General (Created: 06/30/2010; Reviewed: January 13, 2017)

This procedure identifies requirements for the implementation of a safe Fire Department vehicle operations program.
Original Author:
Wolf, Dennis
Fire Department Training Records
General (Created: 08/25/2003; Reviewed: May 23, 2017)

Fire Department records for training and personnel are open for inspection upon demand during any reasonable hours.
Original Author:
Wolf, Dennis
Fire Hydrant Flow Test Results Calculator
General (Created: 02/26/2015; Reviewed: May 12, 2017)

This spreadsheet may be downloaded to calculate the results of fire hydrant flow tests.
Original Author:
Hardy, Pat
Fire Hydrant Rental
General (Created: 05/14/2003; Reviewed: May 12, 2017)

MTAS was asked whether it is legal and what is a reasonable fee for the general fund to pay the water fund a 'rental fee' for fire hydrants.
Original Author:
Stokes, Richard
Fire Inspectors in the Codes Department
General (Created: 07/17/2012; Reviewed: May 23, 2017)

MTAS was asked whether any municipalities in the state have fire inspectors in the codes department rather than the fire department and, if so, how that works.
Original Author:
Bristol
Fire Investigator Mentor Program
General (Created: 11/14/2008; Reviewed: May 23, 2017)

This Fire Investigator Mentor Program has been endorsed by the Tennessee Chapter of the International Association of Arson Investigators (IAAI) and recognized by the IAAI as an excellent program in training and qualifying new fire investigators.
Original Author:
Wolf, Dennis
Fire Stations and Coronavirus Precautions: A Hot Topic for Tennessee Municipalities
General (Created: 03/27/2020; Reviewed: March 27, 2020)

Firefighters understand the concept of hot, warm, and cold zones in fire stations when it comes to keeping turnouts and fire contaminated gear out of the living areas of the station. But what about viruses and other pathogens? The practices used for fire contaminated gear do not work with pathogens. Therefore, firefighters need to practice more extensive contamination control to reduce the chance of spreading the coronavirus while at the fire station.
Original Author:
Wolf, Dennis
Firefighter 1 Training
General (Created: 11/03/2003; Reviewed: May 23, 2017)

MTAS was asked the requirements for a Firefighter to become certified as a Firefighter 1.
Original Author:
Jones, Bonnie
Firefighters Driving on a License from Another State
General (Created: 04/03/2014; Reviewed: May 23, 2017)

MTAS was asked whether, in Tennessee, firefighters are required to have a valid Tennessee driver's license to operate vehicles and work in the full capacity of a fire fighter.
Original Author:
Wolf, Dennis
Firefighters Must Have Key to Fire Station
General (Created: 09/19/2006; Reviewed: May 23, 2017)

If a fire station is locked when not occupied, then all firefighters must have a key.
Original Author:
Cross, Ralph
Flea Market Dealers
General (Created: 02/03/2003; Reviewed: May 9, 2017)

Registering dealers at a multi-vendor open-area flea market that routinely occurs along the Tennessee border and probably has multi-state vendor participation.
Original Author:
Stokes, Richard
FLSA and Exempt Employees
General (Created: 09/29/2004; Reviewed: January 3, 2017)

MTAS was asked to provide documentation allowing city to send employees home when they have worked 40 hours in workweek.
Original Author:
Curran, Bonnie
FLSA Questions on Bereavement and Overtime
General (Created: 02/01/2008; Reviewed: January 3, 2017)

Questions on recognizing bereavement leave as hours worked and hours worked over 8 in a day.
Original Author:
Barton, Rex
Forming a New Police Department
General (Created: 07/14/1997; Reviewed: June 21, 2017)

MTAS was asked several questions about the benefits of forming a new police department versus contracting with the county for police services.
Original Author:
Barton, Rex
Freedom to Protest: Guidance for Managing Demonstrations in Tennessee Towns and Cities
General (Created: 06/25/2020; Reviewed: June 26, 2020)

MTAS guidance on freedom of speech, freedom to assemble and how to handle demonstrations. This is a video resource. (Created June 25, 2020; 7:07 minutes in length)
Original Author:
Darden, Ron
Frequency of Election : Local Option
General (Created: 02/15/2002; Reviewed: April 15, 2020)

Information was requested on the frequency of elections for liquor by the drink.
Original Author:
Carrier, Angie
Gas Tax Distribution
General (Created: 01/16/2018; Reviewed: December 17, 2019)

MTAS responds to questions regarding how the city will receive the new "gax tax" fund.
Original Author:
Cook, Gail
General Fund: Fund Balance Policy
General (Created: 09/15/2010; Reviewed: October 18, 2018)

The Fund Balance Policy is intended to provide guidelines during the preparation and execution of the annual budget to ensure that sufficient reserves are maintained for unanticipated expenditures or revenue shortfalls.
Original Author:
Rollins, Sharon
General Questions Regarding ADA Compliance
General (Created: 07/16/2018; Reviewed: December 12, 2019)

MTAS was asked the following questions: "How the city’s utilities – gas, electric, water/wastewater – should handle ADA compliance?" and "What does the city need in regards to procurement procedures, zoning ordinance and municipal codes?"
Original Author:
Broughton, Jeff
General Sessions Judge Serving as City Attorney
General (Created: 10/23/2014; Reviewed: June 26, 2017)

MTAS was asked whether a general sessions judge in the county may also serve as an attorney for a town in that jurisdiction.
Original Author:
Darden, Don
Getting an Issue on the Ballot
General (Created: 07/07/2004; Reviewed: May 31, 2017)

MTAS was asked how a citizen goes about getting an issue on the ballot.
Original Author:
Broughton, Jeff
Gift and Gratuities Acceptance Policies
General (Created: 07/26/2015; Reviewed: May 9, 2017)

MTAS was asked for examples of gift policies or acceptance of gratuities policies.
Original Author:
Darden, Ron
Giving a Fire Truck to a Citizen and the Right of a Citizen to Vote at a Commission Meeting
General (Created: 04/10/2012; Reviewed: May 31, 2012)

MTAS was asked about the legality of the city commission giving a fire truck to a citizen and the right of a citizen to vote at a commission meeting.
Original Author:
Broughton, Jeff
Goals and Objectives Plan for the Town of Bell Buckle
General (Created: 06/13/2014; Reviewed: May 9, 2017)

MTAS was asked to assist with strategic planning, focusing on four areas: protect health and safety and maintain basic services; enhance community attractiveness and charm; support economic growth and community sustainability; maintain fiscal integrity and administrative efficiency.
Original Author:
Clifton, Calvin D.
Grading Permit Policy for the City of Athens
General (Created: 02/19/2002; Reviewed: March 6, 2017)

The intended purpose of this policy is to safeguard life, limb, property and public welfare by regulating clearing, earthwork, excavation, and other land disturbing activity and by requiring temporary and permanent provisions for its control.
Original Author:
Hardy, Pat
Greeneville Water System Question
General (Created: 10/20/2014; Reviewed: January 9, 2017)

MTAS was asked if there is another water system that is owned by the city but operated by a separately elected Board, such Board having full authority to operate the system.
Original Author:
Darden, Don
Growth Plan Participation
General (Created: 09/04/2001; Reviewed: May 22, 2017)

The City of Monteagle has the right to participate in the development of a growth plan for Franklin County.
Original Author:
Darden, Don
Gruetli-Laager Police Department
General (Created: 11/22/2002; Reviewed: June 30, 2017)

MTAS was asked whether the Town of Gruetli-Laager that operates under the general law Mayor-Alderman Charter is required to have a police department.
Original Author:
Hodge, Elisha
Guide to Alcohol and Beer Laws in Tennessee
General (Created: 11/04/2020; Reviewed: November 4, 2020)

MTAS frequently receive questions related to alcohol and beer laws in Tennessee. In an effort to assist municipal officials and employees with these questions, MTAS developed this guide that includes many of the relevant statutory provisions related to alcohol and beer in Tennessee. This guide does not include every statutory provision related to alcohol or beer, so the Tennessee Code will still need to be reviewed as questions arise.
Original Author:
Jaeckel, Gary
Guidelines for Taking Minutes at Meetings of the Board of Mayor and Aldermen
General (Created: 05/13/2011; Reviewed: October 25, 2011)

MTAS was asked about who should take meeting minutes and how minutes may be amended.
Original Author:
Wolf, Dennis
Handling Employee (fire, EMT, paramedic, police officer) Exposure to COVID-19
General (Created: 03/22/2020; Reviewed: September 24, 2020)

MTAS advice on what to do if an employee (firefighter, EMT, paramedic, police officer, etc.) has close contact to a COVID-19 positive patient, to a patient that is suspected of having COVID-19, or to a patient exhibiting respiratory distress symptom.
Original Author:
Ashburn, Melissa
Hatch Act: Guidance From Federal Government
General (Created: 07/20/2017; Reviewed: August 18, 2017)

Hatch Act Modernization Guide for State and Local Employees
Original Author:
Stokes, Richard
Health Care Reform and W-2 Reporting Guidance
General (Created: 10/08/2012; Reviewed: January 3, 2017)

MTAS was asked for information about Form W-2 for Health Care Reform reporting.
Original Author:
Darden, Ron
Heavy Truck Traffic Regulation
General (Created: 07/15/2002; Reviewed: May 1, 2020)

MTAS was asked for information on heavy truck traffic regulation.
Original Author:
Angerer, David
Hiring a City Administrator
General (Created: 05/13/2003; Reviewed: May 31, 2017)

MTAS was asked the advantages of hiring a city administrator.
Original Author:
Neill, Ronnie
Hiring Full Time Police Officer As Part Time Recreation Director
General (Created: 05/08/2003; Reviewed: May 9, 2017)

An employee works 43 hours a week as a police officer and wants to be hired for an additional 20 hours a week as the recreation director.
Original Author:
Stokes, Richard
Hiring Minors Age 16 and 17
General (Created: 07/09/2012; Reviewed: May 12, 2017)

MTAS was asked about a city's responsibilities when hiring minors age 16 or 17 for a fulltime seasonal position.
Original Author:
West, Gary
Hiring New Firefighters and Promoting Firefighters
General (Created: 04/08/2007; Reviewed: May 23, 2017)

Includes information on volunteer firefighters.
Original Author:
Stokes, Richard
Hiring Questions about Applicant Pool and an Applicant with Known Disabilities
General (Created: 08/13/2012; Reviewed: May 16, 2017)

MTAS was asked for advice when there is a very small applicant pool and one applicant has a known disability that might affect his or her ability to perform the job.
Original Author:
Darden, Ron
Historical Commission By-Laws
General (Created: 07/15/2003; Reviewed: May 23, 2017)

MTAS was asked to help prepare by-laws for the LaFollette Historical Commission.
Original Author:
Broughton, Jeff
Holding Dual Offices
General (Created: 01/23/2014; Reviewed: October 7, 2020)

MTAS was asked if there is a prohibition either in the city's charter or in state law that prevents a member of the Board of Mayor and Aldermen from also serving as either a county commissioner or a register of deeds.
Original Author:
Hodge, Elisha
How is Hemp Impacting Your Municipality?
General (Created: 03/18/2020; Reviewed: April 14, 2020)

This MTAS City Byte, a short online tutorial, will explore recent changes in legislation that made hemp-based products more accessible and how that accessibility is impacting municipalities. (MTAS City Byte series)
Original Author:
Darden, Don
How to Incorporate a New City in Tennessee
General (Created: 07/01/2000; Reviewed: May 16, 2017)

Procedures and forms required for incorporating a new city in Tennessee.
Original Author:
Broughton, Jeff
Impact Fees and Adequate Facilities Tax
General (Created: 07/16/2014; Reviewed: November 28, 2016)

MTAS provided examples from other Tennessee cities on impact fees and adequate facilities tax.
Original Author:
Darden, Don
Implementing GASB 34
General (Created: 07/08/2004; Reviewed: October 18, 2018)

MTAS was asked for help in estimating the life expectancy of buildings and equipment.
Original Author:
Phebus, Dick
In Lieu of Tax Payment Calculator
General (Created: 03/14/2006; Reviewed: October 26, 2016)

MTAS has developed a worksheet to assist local governments in calculating in lieu of tax payments.
Original Author:
Rollins, Sharon
Incentive/Disincentive Contracts
General (Created: 06/12/2006; Reviewed: October 7, 2020)

MTAS was asked whether other cities use incentive contracts.
Original Author:
Broughton, Jeff
Incorporation Process
General (Created: 02/01/2016; Reviewed: May 31, 2017)

MTAS provided some information on the incorporation process in Tennessee.
Original Author:
Broughton, Jeff
Indemnification of City Officers, Employees, and Board Members
General (Created: 03/26/2014; Reviewed: May 18, 2017)

MTAS was asked about the importance of adopting language to indemnify city officers, employees, and board members while properly acting in the scope of their official duties.
Original Author:
Phebus, Dick
Infrastructure Assets Reporting
General (Created: 03/06/2003; Reviewed: October 18, 2018)

MTAS was asked whether the modified approach for reporting infrastructure assets could be used in the Water & Sewer Fund or other enterprise fund operations.
Original Author:
Darden, Ron
Interlocal Agreement by and between the Town of Centerville, Tennessee and the E911 Emergency Communications District of Hickman County, Tennessee
General (Created: 05/18/2010; Reviewed: November 7, 2016)

An agreement for emergency communications services between Centerville and the E911 Emergency Communications District of Hickman County.
Original Author:
Fayetteville
Interlocal Agreement for Planning Assistance
General (Created: 06/19/2012; Reviewed: October 7, 2020)

Examples of interlocal agreements for planning services.
Original Author:
Kingsport
Interlocal Agreement for Residential Solid Waste Collection Services
General (Created: 05/14/2007; Reviewed: October 26, 2016)

An interlocal agreement between the Town of Mount Carmel and the City of Kingsport for certain residential solid waste collection services.
Original Author:
Williamson County
Internet Forum for Williamson County, Tennessee, Terms of Use Agreement and Resolution
General (Created: 06/01/2011; Reviewed: March 22, 2012)

An example of a Terms of Use Agreement and a Resolution as submitted by Williamson County for a public Internet forum for use by its County Commissioners.
Original Author:
Angerer, David
Interview Questions for a Children's Programs Librarian
General (Created: 02/21/2003; Reviewed: March 22, 2010)

MTAS was asked to provide sample questions to be used when interviewing for a children's programs librarian.
Original Author:
Broughton, Jeff
Introduction and Formalization of Council Work Sessions
General (Created: 02/07/2014; Reviewed: October 7, 2020)

Council work sessions should be used to provide an opportunity to review complex or involved projects or issues, or to introduce topics requiring special attention and discussion by the board before the matter is placed on a future agenda for formal action.
Original Author:
Cross, Ralph
Iran Divestment Act Affects Purchasing In Tennessee Cities and Towns
General (Created: 07/29/2016; Reviewed: July 29, 2016)

This article reports that persons or entities determined to be engaged in investment activities with Iran are listed on the state's website and are prohibited from contracting with any political subdivision of this state and any contract entered into shall be void.
Original Author:
Norris, Margaret
Is an Individual Working in the Library an Employee of the City?
General (Created: 08/09/2006; Reviewed: September 5, 2006)

MTAS was asked whether an individual is an employee of the city or an independent contractor.
Original Author:
Angerer, David
Is DUI Grounds for Removing an Alderman?
General (Created: 08/19/2004; Reviewed: October 7, 2020)

MTAS was asked whether the City has the legal authority to remove an alderman who has been arrested for DUI.
Original Author:
Adams-O'Brien, Frances
ISO Ratings for Tennessee Fire Departments: MTAS Survey
General (Created: 03/22/2019; Reviewed: August 21, 2020)

This list is not a comprehensive list of all fire departments in the state of Tennessee. The information was provided by the cities/fire departments who responded to MTAS's request for information.
Original Author:
Jaeckel, Gary
It's Not Too Late to Achieve a Good Census Count in Your Tennessee Municipality
General (Created: 09/04/2020; Reviewed: September 11, 2020)

An MTAS Hot Topic providing resources on the 2020 Census impact on local finances and resources for getting a message out encouraging participation in the decennial count.
Original Author:
Norris, Margaret
Jeopardy Game for Council Orientation
General (Created: 05/09/2007; Reviewed: June 19, 2017)

An orientation activity developed for Blaine.
Original Author:
Grubbs, John
Job Analysis
General (Created: 02/17/2016; Reviewed: May 3, 2017)

MTAS provided information for a job analysis observation audit.
Original Author:
Broughton, Jeff
Judge Interim Appointment
General (Created: 11/24/2014; Reviewed: June 26, 2017)

MTAS was asked about an upcoming leave of absence of the town judge on a planned one-year sabbatical.
Original Author:
Hardy, Pat
Kingsport City Manager Search Interview Training
General (Created: 04/10/2014; Reviewed: May 16, 2017)

MTAS was asked to provide guideline a city manager interview process.
Original Author:
Nevad, Warren
Kingston Green Technology Committee Goals and Objectives
General (Created: 11/09/2009; Reviewed: October 12, 2016)

MTAS was asked to facilitate a meeting of the Kingston Green Technology Committee.
Original Author:
Broughton, Jeff
Lease Agreement for a City-Owned Building
General (Created: 04/16/2014; Reviewed: April 28, 2014)

MTAS was asked for a sample lease agreement for a city-owned building that is currently being operated as a senior center.
Original Author:
Hardy, Pat
Lease versus Purchase of Public Facilities: Pros and Cons
General (Created: 10/15/2010; Reviewed: October 7, 2020)

This article lists the advantages and disadvantages of leasing a public facility.
Original Author:
Hardy, Pat
Leasing a Garbage Truck
General (Created: 01/21/2015; Reviewed: March 20, 2017)

MTAS was asked whether the city can lease a garbage truck without permission from the Comptroller's office
Original Author:
Broughton, Jeff
Leave Equivalency Schedules for Employees Working Different Schedules
General (Created: 10/20/2014; Reviewed: January 3, 2017)

MTAS provided equivalency schedules for employees with different work schedules and total annual hours.
Original Author:
Jones, Bonnie
Leave for Training Due to Voluntary Military Promotions
General (Created: 07/24/2012; Reviewed: May 15, 2017)

MTAS was asked whether USERRA protects the rights of any American who wishes to serve in the armed forces regardless of voluntary promotions, which may equal more time away from work.
Original Author:
Darden, Don
Lebanon Mayoral Powers Under City Charter
General (Created: 11/26/2001; Reviewed: May 8, 2017)

The City of Lebanon requested an ordinance requiring the Mayor's appointments to require Council approval for dismissal.
Original Author:
Darden, Ron
Legality of Using a Facsimile Signature on a Check
General (Created: 11/16/2011; Reviewed: November 28, 2011)

MTAS was asked about the legality of using a facsimile signature during the absence of one of the authorized signatures on a check.
Original Author:
Tennessee
Legislation Creating MTAS
General (Created: 04/15/1949; Reviewed: July 6, 2016)

The Municipal Technical Advisory Service (MTAS) was created in 1949 by Public Act of the General Assembly.
Original Author:
Broughton, Jeff
Letter for Employee with Salary Issue
General (Created: 07/31/2014; Reviewed: May 9, 2017)

A recently hired salaried employee worked a significant number of hours for a community event. MTAS provided options on how to address this issue.
Original Author:
Broughton, Jeff
Letter to City of Eagleville, Tennessee Regarding Annexation Notifications with Statutes
General (Created: 08/15/2017; Reviewed: May 15, 2020)

A letter authored by Jeff Broughton, responding to a request from Eagleville, Tennessee regarding a list of agencies to notify following the annexation of territory into corporate limits.
Original Author:
Broughton, Jeff
Liquor Sales from a Liquor Store Drive-Up Window
General (Created: 02/24/2015; Reviewed: June 20, 2017)

MTAS was asked whether the State allows liquor sales from a liquor store drive-up window.
Original Author:
Darden, Don
Litigation Taxes
General (Created: 10/25/2001; Reviewed: June 26, 2017)

Answers a question about the legality of a city collecting local litigation tax, as well as the state litigation tax, from city court defendants.
Original Author:
Wolf, Dennis
Live Fire Training by the Fire Department in Acquired Structures
General (Created: 11/03/2003; Reviewed: May 23, 2017)

MTAS was asked who accepts liability when a house is used for live fire training.
Original Author:
Broughton, Jeff
Local Option Sales Tax Revenue Sharing Agreements
General (Created: 04/04/2014; Reviewed: November 28, 2016)

MTAS was asked for some examples of local option sales tax revenue sharing agreements.
Original Author:
Hardy, Pat
Local Preference in Purchasing Policy
General (Created: 01/26/2015; Reviewed: January 26, 2015)

MTAS was asked whether a city may include a five percent bonus for local providers/contractors to give a slight advantage to a local provider.
Original Author:
Stokes, Richard
Locating an Interpreter
General (Created: 06/07/2012; Reviewed: May 18, 2017)

MTAS was asked how to find a Mandarin Chinese interpreter.
Original Author:
Wolf, Dennis
Mail Inserts and ISO Credit
General (Created: 07/15/2018; Reviewed: May 19, 2020)

Dennis Wolf responded to a request for information from Murfreesboro regarding ISO credit for a residential fire safety program.
Original Author:
Broughton, Jeff
Maintaining the Appropriate Level of Unrestricted Fund Balance in the General Fund
General (Created: 07/02/2014; Reviewed: October 19, 2018)

MTAS was asked about determining the appropriate level of unrestricted fund balance to maintain in the general fund.
Original Author:
Broughton, Jeff
Maintenance of a County Road
General (Created: 07/08/2015; Reviewed: October 7, 2020)

MTAS was asked about the advisability of spending city funds to improve a road outside of the city limits.
Original Author:
Darden, Ron
Making a Motion Concerning an Item That Is Not on the Agenda
General (Created: 08/31/2011; Reviewed: September 14, 2011)

MTAS was asked whether a board member may make a motion concerning an item that is not on the agenda without being recognized by the chairman.
Original Author:
Barton, Rex
Managing the Drug Fund
General (Created: 07/19/2012; Reviewed: June 21, 2017)

PowerPoint and handouts from a class on managing a drug fund.
Original Author:
Barton, Rex
Master Patrolman Program
General (Created: 03/05/2002; Reviewed: May 3, 2017)

The Master Patrolman program would compensate an officer for attaining a certain level of achievement.
Original Author:
Darden, Don
Mayor Making Nominations
General (Created: 02/21/2007; Reviewed: March 22, 2010)

MTAS was asked whether it is proper for the Mayor to make nominations.
Original Author:
Darden, Don
Mayor May Vote to Break a Tie
General (Created: 03/10/2005; Reviewed: October 7, 2020)

MTAS was asked if the Mayor may vote to break a tie during the meeting that is to be conducted for the purpose of filling vacancies.
Original Author:
Darden, Ron
Mayor's Appointment of Staff
General (Created: 04/10/2012; Reviewed: November 5, 2020)

MTAS was asked for clarification on the appointment of the fire chief and assistant fire chief under the city's charter and municipal ordinances.
Original Author:
Nevad, Warren
Mayoral Proclamation
General (Created: 06/23/2016; Reviewed: May 30, 2017)

A proclamation of the City of Dunlap Mayor and Board of Commissioners Declaring June 9, 2016, as Dakota Hudson Day in the City of Dunlap, Tennessee.
Original Author:
Hardy, Pat
Meeting ADA Standards for City Hall
General (Created: 01/03/2001; Reviewed: May 23, 2017)

MTAS was asked to explain the compliance of a city hall with the ADA.
Original Author:
Broughton, Jeff
Meeting Agenda Process
General (Created: 05/06/2014; Reviewed: May 20, 2014)

MTAS was asked how to formalize and manage the city council meeting agenda preparation and distribution.
Original Author:
Darden, Don
Membership of the Industrial Development Board
General (Created: 08/15/2003; Reviewed: May 16, 2017)

MTAS was asked several questions about the membership of the Industrial Development Board.
Original Author:
Wolf, Dennis
Model Juvenile Fire Setter Standard Operating Procedure
General (Created: 11/13/2019; Reviewed: May 15, 2020)

The purpose of this guideline is to establish a consistent procedure in partnership with community resources for the screening, education and referral of youths who have been identified as misusing ignition sources (matches, lighters, or fireworks) or starting a fire, either unintentionally or maliciously.
Original Author:
MTAS
Model Municipal Debt Policy
General (Created: 10/31/2011; Reviewed: June 24, 2011)

The purpose of this debt policy is to establish a set of parameters by which debt obligations will be undertaken by the City. (NOTE: Bold language or similar statements are required by the State of TN Comptroller's Office. Italicized language is recommended along with other components in GFOA's Model Debt Policy.)
Original Author:
Tennessee Office of Open Records Counsel
Model Public Records Policy
General (Created: 01/19/2017; Reviewed: May 22, 2017)

Pursuant to the requirements of Public Chapter 722, Acts of 2016, the Tennessee Office of Open Records Counsel released the Model Public Records Policy with accompanying material.
Original Author:
Darden, Don
Model Safety Policy
General (Created: 08/17/2001; Reviewed: January 3, 2017)

Model safety policy for local governments.
Original Author:
Darden, Ron
Modified vs Manager Commission
General (Created: 08/31/2009; Reviewed: May 31, 2017)

MTAS was asked to discuss the differences between the manager-commission form of government and the modified manager-commission form of government.
Original Author:
Morristown
Morristown Fire Department Driver Training Standard Operating Guideline
General (Created: 12/30/2014; Reviewed: May 23, 2017)

This document includes: information on EVOC timed evaluations and station skill sheets for the practical, fire apparatus driver/operator; forms to request to qualify and to certify as a driver trainee; a driver trainee checklist and fire apparatus operator practical checklist; certification for out-of-grade pay; and request for upgrade pay.
Original Author:
Broughton, Jeff
Motor Vehicle Privilege Tax
General (Created: 01/07/2014; Reviewed: October 25, 2016)

MTAS was asked about the motor vehicle privilege tax or wheel tax.
Original Author:
Wolf, Dennis
MTAS Guidance on the Limited Reuse of N95 Respirators
General (Created: 04/02/2020; Reviewed: April 27, 2020)

With the severe shortage of N95 respirators, many municipalities and other organizations are faced with the dilemma of reusing N95 respirators, using a lessor form of protection, such as a surgical mark, trying to make their own mask or respirator, or going without any respiratory protection.
Original Author:
Wyatt, Steve
MTAS Guides To Water Systems for Tennessee Municipal Elected Officials
General (Created: 08/14/2020; Reviewed: August 20, 2020)

These six guides are part of a series created by MTAS for elected officials in Tennessee municipalities. Each guide is an overview of the tools used and the some of the requirements as specified by the State of Tennessee. Topics covered are corrosion, turbidity, microbiological issues, disinfection, disinfection byproducts and cross-connections.
Original Author:
Norris, Margaret
MTAS on Robert's Rules of Order
General (Created: 05/17/2019; Reviewed: May 17, 2019)

A series of brief, instructive articles explaining the use Robert's Rules of Order for cities and towns in Tennessee. The series starts with the history of the Robert's Rules parliamentary procedures and delves into everything from making a motion to adjourning a meeting.
Original Author:
Hemsley, Sid
Municipal and Personal Liability Under the Tennessee Tort Liability Act Made Simple
General (Created: 08/17/2001; Reviewed: May 18, 2017)

Details the effects of the Tennessee Tort Liability Act regarding municipal and personal liability.
Original Author:
Stegall, Kay
Municipal Banking Services Must Now Be Evaluated Every Four Years (Public Chapter 277 of 2019)
General (Created: 10/15/2019; Reviewed: March 18, 2020)

MTAS resources and guidance on Public Chapter 277 of 2019 which requires a contract for banking services be based on the evaluation of proposals, which should be documented for audit purposes. Attached are a Q & A and a sample quote for banking services for use by Tennessee municipalities. Also included here is a link to the MTAS City Byte, an online short course, on the topic.
Original Author:
Hodge, Elisha
Municipal Banking Services: Public Chapter 277 of 2019
General (Created: 03/18/2020; Reviewed: April 14, 2020)

This MTAS City Byte, a short online tutorial, reviews Public Chapter of 277 of 2019. This law stipulates that municipal banking services must be evaluated at least every four years and proposals must be from at least two banks. The statute also requires a contract for banking services be based on the evaluation of proposals, which should be documented for audit purposes. The law was effective July 1, 2019 thus banking services must be evaluated within the next four years or when the current contract expires whichever is sooner. (MTAS City Byte series)
Original Author:
Rollins, Sharon
Municipal Bonds
General (Created: 09/11/2012; Reviewed: September 11, 2012)

Local governments generally should consider using bond issues for large, long-term debt of more than $1 million and for longer than 12 years. The various types of municipal bonds include general obligation bonds, special tax bonds and special assessments, revenue bonds, industrial revenue bonds, and double-barrel bonds.
Original Author:
Darden, Ron
Municipal Boundaries
General (Created: 05/16/2011; Reviewed: May 26, 2017)

MTAS was asked to assist in determining municipal boundaries.
Original Author:
Carrier, Angie
Municipalities Enacting an Auto Decal Charge
General (Created: 04/06/2018; Reviewed: May 14, 2020)

MTAS was asked to review the auto decal charge implemented by the City of Chattanooga and advise whether it was feasible for this town to implement.
Original Author:
Chlarson, John
Municipality Conducting Drainage Issue Mitigation Work on Private Property
General (Created: 03/31/2020; Reviewed: July 15, 2020)

A city administrator contacted MTAS regarding the town doing drainage work on private property. Public Works Consultant John Chlarson responded to the request, explaining that the water issue is causing damage to the town's right of way. It is recommended that the ditch be rechannelized and that channel and bank protection should be installed.
Original Author:
Crouch, Ray
Mutual Aid Assistance in Tennessee: A Collection of Resources from MTAS
General (Created: 04/09/2020; Reviewed: April 15, 2020)

A collection of resources on mutual aid assistance in Tennessee. The collection includes MTAS Hot Topics, a legal opinion from former MTAS Legal Constant Dennis Huffer, a full text document of Public Chapter 743, and two mutual aid assistance agreement templates.
Original Author:
Wolf, Dennis
Mutual Aid Update: FEMA Reimbursement of Mutual Aid Costs Under Certain Conditions.
General (Created: 12/17/2011; Reviewed: April 9, 2020)

FEMA will reimburse mutual aid costs under certain conditions.
Original Author:
Wolf, Dennis
N95 Respirators and Respiratory Protection Q & A: A Hot Topic for Tennessee Municipalities
General (Created: 03/30/2020; Reviewed: March 30, 2020)

With the shortage of N95 respirators, which is the type of respirator recommended by the Centers for Disease Control (CDC) for respiratory protection against the coronavirus, MTAS has received questions about the reuse of N95 respirators and alternate types of respirators and masks. This hot topic provides information on N95 respirators and other types of respiratory protection. MTAS does not recommend or endorse any products. Cities should use this information as a resource when making decisions for their operations.
Original Author:
Darden, Ron
Need for Professional Management Experience
General (Created: 05/26/2009; Reviewed: May 16, 2017)

The purpose of this letter is to increase awareness of the issues that need to be considered when hiring a city administrator.
Original Author:
Stegall, Kay
New Financial Disclosure Required for Tax Abatements
General (Created: 12/05/2016; Reviewed: October 29, 2018)

A tax abatement per GASB may not be the same as the legal definition of a tax abatement in Tennessee law, but remember that GASB's definition is for external financial reporting purposes.
Original Author:
Wolf, Dennis
New Fire Station Design Standards
General (Created: 09/08/2003; Reviewed: September 11, 2017)

MTAS received a question on the construction of a new fire station.
Original Author:
Hardy, Pat
New Officials' Tips
General (Created: 06/06/2002; Reviewed: December 19, 2016)

MTAS consultants ranked their top fifteen tips for new officials.
Original Author:
Neill, Ronnie
New Youth Sports Concussion and Head Injury Law Effective January 1, 2014
General (Created: 12/11/2013; Reviewed: May 30, 2017)

Public Chapter 148 passed by the Tennessee General Assembly in April 2013 and effective on January 1, 2014, requires all cities that have 'youth athletic activities' to comply with guidelines issued by the Tennessee Department of Health concerning risk and symptoms of concussion and head injuries.
Original Author:
O'Hara, Stephanie Allen
Newly Elected Official’s Guide to Taking Office
General (Created: 11/14/2019; Reviewed: November 5, 2020)

You just won an election for your municipal office. Now what? We address some common questions of when and how you take office, who may administer your oath, and what information should be included the oath of office in this document. Sample oath templates for boards, judges and other offices are included for Tennessee municipal use. Also, we have short online course (City Byte) linked below that will walk you through the following topics: when do you take office, who can swear you in, what should be in the oath and what's next.
Original Author:
Moore, David
Non-Compliance with Governor Lee’s Executive Orders Nos. 17, 21 and 22: Guidance for Tennessee Municipalities
General (Created: 03/25/2020; Reviewed: April 2, 2020)

Guidance for municipalities on a course of action for business owners who may refuse the guidelines of Executive Orders Nos. 17, 21, and 22.
Original Author:
Norris, Margaret
Number of Board Members in Selected Cities
General (Created: 02/27/2008; Reviewed: June 19, 2017)

A listing of the number of board members in eighty cities with populations between 2,400 and 7,600.
Original Author:
Broughton, Jeff
Obese Employee Is Unable to Perform the Major Functions of the Job
General (Created: 08/13/2013; Reviewed: January 3, 2017)

MTAS was asked what to do when an obese employee is unable to perform the major functions of the job.
Original Author:
Barton, Rex
Off-Duty Responsibility of Police Officers
General (Created: 01/11/2002; Reviewed: June 30, 2017)

A statement of the off-duty responsibility of police officers.
Original Author:
Broughton, Jeff
On Premise Liquor and Beer Hours with Privilege Tax Statute
General (Created: 11/10/2014; Reviewed: June 20, 2017)

MTAS was asked how the successful referendum to authorize liquor by the drink will affect the hours when beer may be sold for on-premises consumption in an establishment holding both a city beer permit and Tennessee ABC liquor by the drink license.
Original Author:
Darden, Ron
Operating an All Terrain Vehicle (ATV) on City Streets
General (Created: 08/29/2008; Reviewed: June 2, 2017)

MTAS was asked about the legality of operating ATVs on city streets.
Original Author:
Wolf, Dennis
Oral Interview Questions for Entry Level Firefighter
General (Created: 05/19/2006; Reviewed: May 23, 2017)

MTAS was asked to provide sample oral interview questions for an entry level firefighter.
Original Author:
Darden, Don
Organization of Local Library Board
General (Created: 11/25/2002; Reviewed: December 18, 2018)

MTAS was asked to assist Monteagle in determining how the local library board is organized, how the board is appointed, who can serve on the board, and to recommend the best way for Monteagle to make sure that its appropriation for library services is used properly.
Original Author:
Nevad, Warren
Orientation Workshop Agenda
General (Created: 05/08/2003; Reviewed: May 12, 2017)

MTAS was asked to prepare an orientation workshop for the Town of Huntsville. Full text available in the MTAS library (City of Pikeville Orientation Booklet).
Original Author:
Norris, Margaret
OSHA Foot Protection Requirements
General (Created: 08/13/2003; Reviewed: August 14, 2017)

OSHA standards that apply to steel toe shoe requirements.
Original Author:
Blake, Karen
Overpayment of Fines, Taxes, and Costs to Municipal Courts
General (Created: 05/29/2014; Reviewed: June 26, 2017)

MTAS was asked what the procedure should be whenever a municipal court receives an overpayment of the amount due to a municipal court.
Original Author:
Darden, Don
Overtime in Winchester
General (Created: 08/31/2001; Reviewed: May 2, 2017)

The City of Winchester is authorized to require its workers to work overtime unless the requested overtime would cause a city to violate a Federally protected right, such as FMLA leave.
Original Author:
Finane, Jim
Overtime Pay in a Holiday-Shortened Workweek
General (Created: 09/08/1999; Reviewed: May 11, 2017)

MTAS was asked if city employees who work over 8 hours per day in a 4-day, holiday work week would be due overtime pay.
Original Author:
Hardy, Pat
Parking Meters
General (Created: 05/21/2002; Reviewed: May 5, 2020)

MTAS was asked about the pros and cons of using parking meters in order to control hours of downtown parking.
Original Author:
Major, Al
Parrottsville Amended and Proposed Budget FY2008
General (Created: 06/06/2007; Reviewed: December 18, 2018)

MTAS was asked to assist the governing body in preparing a budget.
Original Author:
Stokes, Richard
Pay Plan Issues and Salary Adjustments
General (Created: 05/24/2012; Reviewed: May 11, 2017)

MTAS was asked about giving a 2% raise to all employees being paid less than $40,000 and a one-time $500 bonus payment to everyone else.
Original Author:
Jones, Bonnie
Payroll Taxes for a Severance Payment
General (Created: 03/31/2014; Reviewed: October 25, 2016)

MTAS was asked how to process payroll taxes for a severance payment.
Original Author:
Darden, Don
Peddlers
General (Created: 04/25/2002; Reviewed: May 5, 2017)

A comparison of the business licenses and permits required for transient vendors, peddlers, solicitors, charitable solicitors, and street barkers.
Original Author:
Broughton, Jeff
Pedestrian Crossing Policies and Guidelines
General (Created: 08/18/2016; Reviewed: August 30, 2016)

MTAS was asked to provide examples of policies and guidelines for mid-block pedestrian crossings.
Original Author:
Broughton, Jeff
Performing a Marriage Ceremony
General (Created: 01/20/2015; Reviewed: January 20, 2015)

MTAS was asked whether a vice-mayor may officiate at a wedding ceremony.
Original Author:
Neill, Ronnie
Performing Criminal Background Checks on Potential Employees
General (Created: 07/02/2004; Reviewed: May 16, 2017)

MTAS was asked how to perform criminal background checks on potential employees of the Town.
Original Author:
Broughton, Jeff
Permitting Fire Department Pumpers to Connect to Hydrants During a Fire
General (Created: 08/01/2014; Reviewed: May 12, 2017)

MTAS was asked why the fire department pumpers are not permitted to connect to hydrants during a working fire.
Original Author:
Wolf, Dennis
Personal Safety for Fire Investigators
General (Created: 06/01/2020; Reviewed: July 9, 2020)

A standard operating guideline is recommended for all fire investigators or those involved in the duties of fire and explosion scene investigations.
Original Author:
Hardy, Pat
Planning Commission Meeting Procedures
General (Created: 03/06/2006; Reviewed: March 29, 2010)

MTAS was asked whether discussion may take place at any time, irrespective of the making of a motion.
Original Author:
Darden, Ron
Planning Commission Members
General (Created: 07/25/2005; Reviewed: June 21, 2017)

MTAS was asked three questions about the membership of the planning commission.
Original Author:
Broughton, Jeff
Planning Commission Terms
General (Created: 02/28/2014; Reviewed: June 21, 2017)

According to TCA '13-4-101, the terms of appointed members shall be of such length as specified by the City Council, provided that the term of one member expires each year.
Original Author:
Hardy, Pat
Police Chief Resume Review Process
General (Created: 11/24/2003; Reviewed: June 21, 2017)

Criteria and a rating sheet for evaluating resumes of police chief candidates.
Original Author:
Broughton, Jeff
Police Department Accreditation Programs
General (Created: 09/04/2014; Reviewed: June 21, 2017)

MTAS provided information on the accreditation programs of the Commission on Accreditation for Law Enforcement Agencies (CALEA) and the Tennessee Law Enforcement Accreditation (TLEA).
Original Author:
Darden, Ron
Police Employee with Seizure Conditions
General (Created: 03/14/2006; Reviewed: June 21, 2017)

The city is concerned about the employee being able to satisfactorily perform the essential functions of the job, and in particular, his ability to drive a vehicle.
Original Author:
Barton, Rex
Police Officer Certification
General (Created: 03/18/1998; Reviewed: June 21, 2017)

Certification requirements of police officers and part-time, or reserve, police officers.
Original Author:
Darden, Ron
Police Officer Serving as Codes Enforcement Officer
General (Created: 03/26/2010; Reviewed: June 21, 2017)

MTAS was asked whether a police officer may be assigned additional duties as a codes enforcement officer.
Original Author:
Darden, Don
Policies and Procedures for the Use of the Time Clock for Non-Exempt Employees
General (Created: 12/12/2005; Reviewed: May 2, 2017)

MTAS was asked to provide policies and procedures for clocking in or punching a time clock.
Original Author:
Sedona, AZ
Policy Against Harassment and Bullying
General (Created: 04/26/2011; Reviewed: May 12, 2017)

The purpose of this policy is to reaffirm the City of Sedona's policy against any form of harassment including sexual harassment, harassment based upon race, gender, national origin, religion, age, sexual orientation or disability. It also affirms the City of Sedona's zero tolerance policy towards bullying.
Original Author:
Gustavus (Alaska)
Policy on Use of the City Attorney(s)
General (Created: 02/10/2011; Reviewed: June 23, 2017)

The City of Gustavus, Alaska, created a policy and procedure for queries to the City Attorney.
Original Author:
Broughton, Jeff
Population Threshold for Package Stores and Liquor by the Drink
General (Created: 01/08/2014; Reviewed: June 20, 2017)

MTAS was asked whether a city was eligible by statute to advance the prospect of allowing alcoholic beverage sales in the city limits.
Original Author:
Broughton, Jeff
Potentiality That an Insufficient Number of Candidates Will Qualify for the Open Board Seats
General (Created: 04/02/2014; Reviewed: May 8, 2017)

MTAS was asked what to do if, in the upcoming municipal election, an insufficient number of candidates qualify for the four open board seats, and whether the city recorder may also run for alderman.
Original Author:
Broughton, Jeff
Pre-Annexation Agreement between the City of Fayetteville, Tennessee, Fayetteville Public Utilities, and Lincoln County, Tennessee, for Sewer Improvements to Enhance Economic Development and Job Growth
General (Created: 11/30/2013; Reviewed: June 11, 2017)

MTAS was asked for a pre-annexation agreement for the extension of a sewer by the public utilities into the county.
Original Author:
Broughton, Jeff
Pre-Annexation Agreement between the City of Woodbury, Tennessee, and _____________ and Related Improvements to Be Constructed Thereto
General (Created: 05/09/2014; Reviewed: June 11, 2017)

MTAS was asked for a pre-annexation agreement for the extension of a trunk sewer line.
Original Author:
Broughton, Jeff
Process for Swearing-In the Mayor and Board
General (Created: 08/21/2014; Reviewed: May 8, 2017)

MTAS explains how the city charter provision sets forth the process for the swearing-in of members of the city's governing body.
Original Author:
Broughton, Jeff
Procurement of Architect, Engineer, or Construction Services
General (Created: 11/11/2013; Reviewed: May 5, 2020)

MTAS was asked whether the city may seek qualifications and experience data from a single architectural, engineering, or construction services firm, when procuring these professional services.
Original Author:
Darden, Ron
Professional City Management Letter
General (Created: 06/15/2009; Reviewed: May 31, 2017)

MTAS prepared a letter to explain why a city should have a professional city manager.
Original Author:
Tennessee
Professional Privilege Tax Licensing Boards 2014: Professional Services Used by the State of Tennessee
General (Created: 10/23/2014; Reviewed: October 24, 2016)

An occupation tax is imposed on those persons with an active Tennessee license or registration to practice any of the professions in this listing.
Original Author:
Darden, Ron
Proposed Debt Policy Review for Chattanooga
General (Created: 11/30/2011; Reviewed: December 12, 2011)

MTAS reviewed Chattanooga's dept policy for conformance with the MTAS Model Debt Policy.
Original Author:
Helotes, TX
Protective Clothing: Selection, Care and Maintenance [Sample Policy from Helotes, TX Fire Department]
General (Created: 04/10/2018; Reviewed: December 13, 2019)

A sample procedure from the Helotes, TX Fire Department for the selection care and maintenance of protective clothing for fire services. Material is used with permission of Fire Chief Scott Moreland, Helotes, TX.
Original Author:
Broughton, Jeff
Providing Police Services After Authorizing Liquor by the Drink
General (Created: 07/28/2014; Reviewed: June 21, 2017)

MTAS was asked whether the town is required to provide police services 24 hours a day, seven days a week, following the successful passage of a referendum authorizing liquor by the drink or liquor package stores within the town limits.