What can we help you find today?

Knowledgebase - By Author

Author: Hemsley, Sid

Implied Dedication of an Alley
Legal Opinion (Created: 01/27/1994; Reviewed: June 30, 2017)

MTAS was asked whether a certain alley is a city street.
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.
Incompatible Offices
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.
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.
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.
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.
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.
Is a 'No U-Turn' Sign a Prerequisite to a 'No U-Turn' Prohibition or Ordinance?
Legal Opinion (Created: 11/03/2010; Reviewed: June 20, 2017)

MTAS was asked whether a 'No U-Turn' sign is a prerequisite to a 'No U-Turn' prohibition or ordinance.
Is a Certain Contract City Administrator an Employee or an Independent Contractor?
Legal Opinion (Created: 03/22/2006; Reviewed: May 31, 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.
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.
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.
Issuing a Beer Permit to an Illegal Alien
Legal Opinion (Created: 12/02/2010; Reviewed: June 19, 2017)

MTAS was asked whether an illegal alien is entitled to a beer permit.
Job Protection for City's Employees
Legal Opinion (Created: 04/22/1992; Reviewed: May 30, 2017)

MTAS was asked what legal right do city employees have to continued employment under a newly-elected board of mayor and aldermen.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Legal Effect of Warning Signs
Legal Opinion (Created: 05/13/2009; Reviewed: June 19, 2017)

MTAS was asked about the legal effect of "Slow Children Playing" and similar warning signs.
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.
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.
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.
Legal Services Employment Agreement
Form (Created: 10/25/2004; Reviewed: May 17, 2017)

MTAS was asked to develop a model contract for a city attorney employment agreement.
Legality of a Business Owner to Put Iron Rods on the Edge of a Highway
Legal Opinion (Created: 07/18/2011; Reviewed: June 20, 2017)

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.
Legality of a Combination Design-Build Contract
Legal Opinion (Created: 04/22/1996; Reviewed: May 30, 2017)

MTAS was asked questions related to "design-build" proposals to convert a building to a city hall.
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.
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.
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.
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.
Legality of City in Accepting a Certain Street
Legal Opinion (Created: 03/23/1994; Reviewed: June 30, 2017)

MTAS was asked whether the city acted legally in accepting a certain street.
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.
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.
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.
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.
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.
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.
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.
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.
Liability and Ownership of Sidewalks
Legal Opinion (Created: 09/03/1998; Reviewed: June 19, 2017)

MTAS was asked if the city owns the sidewalks and is liable for damages and injuries caused from their disrepair.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.'
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
MUTCD and Engineering Study for Traffic Light
Legal Opinion (Created: 09/04/2007; Reviewed: June 20, 2017)

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).
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.
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.
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.
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?
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.
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.
One-Way Street in Front of School
Legal Opinion (Created: 05/01/1997; Reviewed: June 20, 2017)

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Passing Regulations on Structures and Excavations in Street Rights-of-Way
Legal Opinion (Created: 07/01/1998; Reviewed: June 19, 2017)

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 .
Passing Weight Limits on City Streets
Legal Opinion (Created: 11/07/1994; Reviewed: June 20, 2017)

MTAS was asked whether the town can pass weight limits upon its streets.
Paving Eight Streets under a Bid for the Reconstruction of Another Street
Legal Opinion (Created: 04/05/1994; Reviewed: June 20, 2017)

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Preventing Encroachment on the City Right of Way
Legal Opinion (Created: 06/19/1996; Reviewed: June 20, 2017)

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."
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.
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.
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.
Prohibiting Three Axle Vehicles on a Certain City Street
Legal Opinion (Created: 10/09/1997; Reviewed: June 20, 2017)

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?
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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
Questions on Capital Outlay Notes
Legal Opinion (Created: 04/15/1994; Reviewed: October 30, 2009)

MTAS was asked two questions on capital outlay notes.
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.
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.
Quorum, Tie Votes, and Roberts Rules
Legal Opinion (Created: 10/30/1992; Reviewed: June 30, 2017)

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Regulating Day Trucks on City Streets
Legal Opinion (Created: 07/03/2001; Reviewed: June 19, 2017)

MTAS was asked several questions related to regulating day trucks on city streets.
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.
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.
Regulating Parking Through a Zoning Ordinance
Legal Opinion (Created: 10/11/2001; Reviewed: June 30, 2017)

MTAS was asked whether there is a way to regulate parking through limitations on the definition of 'family' in a zoning ordinance.
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.
Regulating Transient Vendors
Legal Opinion (Created: 06/09/2000; Reviewed: May 5, 2017)

MTAS was asked to review an ordinance dealing with transient vendors.
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.
Reimbursing a Property Owner Who Has Piped and Covered the Natural Drainage Easement
Legal Opinion (Created: 07/03/1996; Reviewed: June 14, 2017)

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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Requiring Developers to Construct Sidewalks in Developments in the County
Legal Opinion (Created: 12/10/2008; Reviewed: June 30, 2017)

MTAS was asked whether the regional planning commission could require developers to construct sidewalks in developments in the county.
Requiring Property Owners to Build or Repair Sidewalks
Legal Opinion (Created: 05/02/2006; Reviewed: June 30, 2017)

MTAS was asked whether property owners can be compelled to construct sidewalks abutting their property.
Requiring the User of Streets to Obtain a Bond to Cover Damages to the Streets
Legal Opinion (Created: 10/24/1996; Reviewed: June 20, 2017)

MTAS was asked whether a city can require the user of streets to obtain a bond to cover damages to the streets.
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.
Residency Requirement for City Judge
Legal Opinion (Created: 08/31/1993; Reviewed: June 26, 2017)

MTAS was asked whether a city judge has to be a resident of the city in which he exercises concurrent jurisdiction with the court of general sessions.
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?
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.
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.
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.
Responsibility for Correcting the Sinking Pavement along a Sewer Line
Legal Opinion (Created: 08/30/2011; Reviewed: June 20, 2017)

MTAS was asked which city is responsible for correcting the sinking pavement problem along a sewer line.
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.
Restricting Parking on City Streets to Customers of Businesses
Legal Opinion (Created: 06/07/1993; Reviewed: June 19, 2017)

MTAS was asked whether a municipality can restrict parking on city streets in certain areas to customers of businesses in those areas.
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.
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.
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.
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.
Right of a City to Sue a Carrier for Damages to City Streets
Legal Opinion (Created: 04/08/1994; Reviewed: June 19, 2017)

MTAS was asked whether the city has the right to sue a carrier for damages to city streets.
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.
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.
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.
Right of City to Excavate Ditch Adjacent to City Street
Legal Opinion (Created: 12/10/2001; Reviewed: June 14, 2017)

Analysis of right of city v. abutting property owner to control ditches beside city streets.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Securing the Closing of a Street
Legal Opinion (Created: 11/04/1993; Reviewed: June 19, 2017)

MTAS was asked whether the owners of abutting properties can secure the closing of a certain road between another boulevard and the railroad right of way over the objections of the city.
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.
Selling the Right of Way to a Street
Legal Opinion (Created: 09/20/2001; Reviewed: June 19, 2017)

MTAS was asked whether the city has the right to sell the right of way to a street that it plans to close?
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.
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.
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.
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.
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.
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.
Severance Taxes
Legal Opinion (Created: 01/04/1999; Reviewed: October 28, 2016)

MTAS was asked whether municipalities are entitled to levy severance taxes.
Sewer Tap Fees
Legal Opinion (Created: 10/14/1994; Reviewed: January 3, 2019)

MTAS was asked under what authority municipalities charge sewer tap fees.
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.
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.
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.
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.
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.
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
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.
Speed Bumps
Legal Opinion (Created: 05/30/2001; Reviewed: June 19, 2017)

MTAS was asked for information on speed bumps.
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.
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.
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.
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.
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.
Stormwater Fees, Ordinance Enforcement Options, and Other Special Stormwater Issues
General (Created: 02/14/2006; Reviewed: June 14, 2017)

A handout that was part of a presentation for Southeastern Stormwater Management Group on funding options and stormwater regulations enforcement issues.
Stormwater Management Program
Legal Opinion (Created: 05/17/1994; Reviewed: June 14, 2017)

MTAS was asked whether the city is liable for the drainage of stormwater from someone's property onto property belonging to someone else and whether the city has any legal obligation to develop a stormwater management program.
Subdivision Created by Division of Land Created by Road Construction
Legal Opinion (Created: 03/22/2010; Reviewed: June 20, 2017)

MTAS was asked whether a particular road configuration created a subdivision and whether the city could obtain a street right of way that would create a subdivision without creating that subdivision.
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?
TDOT Contracts
Legal Opinion (Created: 06/06/2001; Reviewed: June 20, 2017)

MTAS was asked to evaluate a proposed TDOT contract.
Temporarily Closing Certain Streets
Legal Opinion (Created: 03/13/1996; Reviewed: June 20, 2017)

MTAS was asked whether the city can temporarily close certain streets, one or more of which are state highways, in the downtown area of the city for the purpose of permitting local private groups to hold a festival.
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.
Temporary Traffic Control Devices under MUTCD
Legal Opinion (Created: 05/16/2011; Reviewed: June 20, 2017)

MTAS was asked whether traffic control devices in a construction work zone can be enforced by the city police.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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
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.
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?
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.
When a Covenant Runs with the Land
General (Created: 02/15/2011; Reviewed: December 19, 2016)

MTAS was asked to analyze when and how covenants run with the land,both generally, and for specific purpose of stormwater regulations.
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.
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.
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.
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.
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.
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.
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.
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.

Author: Hodge, Elisha

Breaking a Tie in the Election of an Alderman
Legal Opinion (Created: 11/20/2014; Reviewed: December 17, 2014)

MTAS was asked how a tie vote in the election of an alderman is broken.
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.
Chalking Tires for Parking Enforcement Is Unreasonable Search
General (Created: 05/17/2019; Reviewed: May 17, 2019)

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.
Charges for Copies of Accident Reports and Incident Reports
Legal Opinion (Created: 03/23/2012; Reviewed: May 22, 2017)

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.
Eligibility of Chamber of Commerce Employees for City-Provided Benefits
Legal Opinion (Created: 04/02/2020; Reviewed: April 2, 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.
How is Hemp Impacting Your Municipality?
General (Created: 03/18/2020; Reviewed: March 18, 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)
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?
Ordinance Authorizing Governing Bodies to Appropriate Revenues from Natural Gas Utility System to Chambers of Commerce or Economic and Community Organizations for Economic Development Purposes
Ordinance (Created: 06/15/2018; Reviewed: July 18, 2018)

These can be used by municipal governing bodies that have natural gas utility systems or a board that has control over a municipal natural gas utility system for purposes of appropriating money to a chamber of commerce or economic and community organization. The legislation does not allow money to be appropriated for these purposes in Knoxville, Memphis, Chattanooga, and Metro Nashville.
Personal Interest Disclosure Form
Form (Created: 01/18/2017; Reviewed: April 3, 2020)

Pursuant to the ethics policy adopted by the municipality, this model ethics code personal interest disclosure form is required to be filled out and submitted to the city recorder when a municipal employee or official must exercise discretion over a matter that he/she has a personal interest in that affects, or a reasonable person might believe affects, the employee or official's exercise of discretion.
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?
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: July 18, 2018)

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.
Summary of 2018 Public Acts (Includes "Small Cells: Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018")
General (Created: 08/30/2018; Reviewed: July 1, 2019)

This document summarizes the year's public acts that have the most impact on municipal operations in Tennessee. Also included is the "Small Cells: Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018" document co-authored by Hodge and Chad Jenkins, Deputy Director, Tennessee Municipal League.
Summary of 2019 Public Acts
General (Created: 07/01/2019; Reviewed: July 1, 2019)

This document summarizes the 2019 public acts that have the most impact on municipal operations in Tennessee.
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.
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.

Author: Huffer, Dennis

Adult Use Ordinance
Legal Opinion (Created: 03/05/2002; Reviewed: September 23, 2010)

Review of an adult use ordinance.
Alderman Vacancy
Legal Opinion (Created: 01/08/2002; Reviewed: May 31, 2017)

Is a vacancy created on the Board of Mayor and Aldermen when an alderman moves outside the city?
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.
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.
Application of Municipal Budget Law of 1982
Legal Opinion (Created: 06/24/2002; Reviewed: July 15, 2017)

MTAS was asked whether the Municipal Budget Law of 1982 applies to a city.
Application of Nepotism Policy to Employee Whose Brother is Elected to Council
Legal Opinion (Created: 12/05/2003; Reviewed: January 3, 2017)

MTAS was asked whether a Town's nepotism policy applies to an employee whose brother is elected to the City Council.
Application of Sunshine Law to Certain Personnel Processes
Legal Opinion (Created: 02/06/2002; Reviewed: July 15, 2017)

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.
At Large Elections of School Boards
Legal Opinion (Created: 11/28/2001; Reviewed: May 30, 2017)

MTAS was asked whether school board members may be elected at large under a private act amendment to the city's charter.
Authority of County Relative to Rural Self-Contained Wastewater Systems
Legal Opinion (Created: 01/13/2006; Reviewed: February 1, 2017)

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.
Authority of Interim City Manager
Legal Opinion (Created: 02/05/2002; Reviewed: May 31, 2017)

MTAS was asked if an interim city manager has the authority to appoint a police chief.
Bidding Requirements
Legal Opinion (Created: 03/12/2002; Reviewed: June 19, 2017)

MTAS was asked to review a law on bid acceptance.
Board of Mayor and Aldermen Serving as the Beer Board
Legal Opinion (Created: 05/12/2004; Reviewed: May 31, 2017)

MTAS was asked whether the board of mayor and aldermen may also serve as the beer board.
City Judge, Vacancy, and Appointment of Special Judges
Legal Opinion (Created: 12/24/2009; Reviewed: June 26, 2017)

MTAS was asked whether the city judge can hold two judgeships and use temporary appointments of special judges to fill a vacancy..
Commercial Drivers License and Ordinance Violations
Legal Opinion (Created: 02/11/2008; Reviewed: June 20, 2017)

MTAS was asked whether a person with a CDL who violated a traffic ordinance could be diverted to traffic school.
Community Center Lease Agreement
Form (Created: 01/14/2009; Reviewed: June 26, 2017)

MTAS was asked to prepare a lease agreement for the rental of the Town Community Center.
Contract with Utility District
Legal Opinion (Created: 05/21/2004; Reviewed: October 3, 2018)

MTAS was asked about a proposed contract between the City (and other county municipalities) and the County Municipal Water District.
Disposition of Court Costs, Litigation Tax Revenues, and Fines
General (Created: 12/22/2004; Reviewed: June 26, 2017)

MTAS was asked to provide a summary of distribution of court costs, fines, and litigation taxes.
Drafting a Sewer Ordinance
General (Created: 11/05/2004; Reviewed: June 15, 2017)

Guidelines for ordinance and statute drafting.
Education Revenues
Legal Opinion (Created: 11/23/2004; Reviewed: December 19, 2016)

MTAS was asked to research the sharing by county of certain education funds.
Employee Safety Measures
Legal Opinion (Created: 10/01/2002; Reviewed: January 3, 2017)

MTAS was asked to address several personnel safety issues.
Enforcement of Floodplain Zoning Ordinance
Legal Opinion (Created: 09/18/2002; Reviewed: June 19, 2017)

MTAS was asked to research and write an opinion on enforcing a floodplain zoning ordinance.
Fire Chaplains
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.
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.
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.
Inoperable Bus as Violation of Town Ordinance
Legal Opinion (Created: 10/24/2002; Reviewed: June 11, 2017)

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.
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.
Legality of Wrecker Ordinance
Legal Opinion (Created: 08/25/2003; Reviewed: June 30, 2017)

MTAS was asked to research the legality of a wrecker ordinance.
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.
Liability Questions
Legal Opinion (Created: 06/06/2003; Reviewed: June 14, 2017)

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.
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.
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.
Mayor Serving as Unpaid Volunteer Reserve Police Officer
Legal Opinion (Created: 11/07/2003; Reviewed: June 14, 2017)

MTAS was asked whether the Mayor may legally serve as an unpaid volunteer reserve police officer.
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
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.
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.
Ordinance Adopting the Property Tax Freeze Program
Ordinance (Created: 06/19/2008; Reviewed: October 26, 2016)

An ordinance adopting the property tax freeze program for elderly low-income homeowners as authorized in state law.
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.
Ordinance to Adopt a Code of Ethics
Ordinance (Created: 08/29/2006; Reviewed: May 16, 2017)

An ordinance to amend the municipal code and adopt a code of ethics for the town's officers and employees.
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.
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.).
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.
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.
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.
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.
Significant Statutory Provisions and Case Law Affecting Liability of Governmental Entities, Engineers, and Developers for Drainage
General (Created: 09/27/2004; Reviewed: June 14, 2017)

MTAS was asked to prepare a presentation for professional engineers about drainage liability.
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.
State DOT Authorized to Pay Full Costs of Utility Relocations
General (Created: 05/28/2003; Reviewed: January 3, 2019)

The General Assembly has passed legislation authorizing the Commissioner of Transportation to reimburse public and private utilities the full costs of relocating caused by state road projects, subject to funding.
Street Issues
Legal Opinion (Created: 11/16/2001; Reviewed: June 19, 2017)

MTAS was asked for advice on whether the city should accept a street that is not paved or improved and then spend municipal revenues to bring the street up to standards or whether the city should adhere closely to the street acceptance policy dictated by the city's subdivision regulations
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.
Tax Treatment of Payments by Cities to Employees on Active Duty as a Reservist or Member of the National Guard
General (Created: 01/03/2005; Reviewed: May 15, 2017)

All pay going to activated municipal employees are wages and subject to all normal taxes.
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.
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.
Use of Adequate Facilities Tax Revenues
Legal Opinion (Created: 03/18/2002; Reviewed: June 30, 2017)

MTAS was asked whether Adequate FacilitiesTax Revenues can be used to pay indebtedness for past sewer projects.
Work on Private Property
Legal Opinion (Created: 11/21/2001; Reviewed: June 14, 2017)

MTAS was asked about a city doing drainage work on private property.

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.
Census 2020: Resources for Your City
General (Created: 03/18/2020; Reviewed: March 18, 2020)

This MTAS "City Byte", a short online tutorial, provides a concise overview of what Tennessee cities and towns need to know regarding the Census 2020. (MTAS City Byte series)
Committed Fund Ordinance
Ordinance (Created: 06/15/2012; Reviewed: September 25, 2018)

A model ordinance based on GASB 54 requirements that creates a committed fund balance in order to ensure fund availability for the purchase of a specific item.
Conditions of Abandoning a Street
General (Created: 02/15/2011; Reviewed: June 30, 2017)

MTAS was asked whether a city can abandon a street and what happens when a street is abandoned by a city.
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.
Ordinance to Allow for the Partial Payment of Real Property Taxes
Ordinance (Created: 09/15/2010; Reviewed: October 26, 2017)

A sample ordinance which allows a municipality to accept partial payment of local real property taxes.
Using Tax Increment Financing in Tennessee
(Created: 01/05/2012; Reviewed: June 30, 2017)

This study includes the history, background, explanation, advantages and disadvantages used to support economic and industrial development, and alternatives to using TIFs in Tennessee; two case studies are included.

Author: Jefferson City

Request for Proposals for Professional Realty Services
RFP (Created: 05/01/2001; Reviewed: March 26, 2010)

RFP to sell the property known as the City/County Hospital.

Author: Johnson City

Invitation to Bid: Mowing Services
RFP (Created: 10/05/2009; Reviewed: April 21, 2017)

An invitation to bid mowing services for the City of Johnson City.
Public Building, Infrastructure, and Facility Naming Policy
General (Created: 12/31/2014; Reviewed: May 30, 2017)

This document outlines the policy of the Johnson City Board of Commissioners with respect to the naming of public buildings, infrastructure, and facilities owned by the City of Johnson City.

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Model Succession Plan
(Created: 12/10/2009; Reviewed: May 16, 2017)

Includes a model succession plan and a succession plan for McMinnville.
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.
Police & Public Safety Fitness for Duty Testing 2010
Survey (Created: 06/29/2010; Reviewed: June 21, 2017)

Twenty cities responded to a survey about fitness assessments for police officers as part of the employment process.
Reasonable Accommodation
General (Created: 08/29/2012; Reviewed: January 3, 2017)

MTAS was asked about reasonable accommodation for an employee who has typing duties and develops carpal tunnel syndrome.
Requirements for Making a Fire Chief Position a Salaried Position
General (Created: 08/13/2012; Reviewed: January 3, 2017)

MTAS was asked for information regarding the requirements for making a fire chief position a salaried position.
Resolution to Establish a Personnel Policy for the City of Goodlettsville, Tennessee
Resolution (Created: 12/09/2010; Reviewed: May 15, 2017)

MTAS was asked to create a resolution to adopt revised personnel policies.
Using Sick Leave to Supplement Workers' Compensation Benefits
General (Created: 07/13/2012; Reviewed: January 3, 2017)

MTAS was asked whether employees may use sick leave to supplement workers' compensation benefits.
Waiting Periods for Health Coverage under PPACA
General (Created: 03/31/2014; Reviewed: January 3, 2017)

MTAS was asked whether, under the Patient Protection and Affordable Care Act (PPACA), it is legal to offer group health coverage but have a waiting period on health benefits of six months.

Author: Jones, Josh

Attorney General Opines Local Regulation of Ephedrine and Pseudoephedrine Unlawful
Legal Opinion (Created: 12/18/2013; Reviewed: August 17, 2018)

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.
Conservation Easements on Recreational Property Owned by the City
Legal Opinion (Created: 05/18/2011; Reviewed: June 5, 2017)

MTAS was asked whether the provisions of T.C.A. apply to the execution of conservation easements on city-owned property.
Historic Business Licenses Are Public Records
Legal Opinion (Created: 01/11/2012; Reviewed: May 9, 2017)

MTAS was asked whether business licenses are public record if they are more than seventy years old.
Ordinance Establishing an Office of Administrative Hearing Officer
Ordinance (Created: 10/11/2011; Reviewed: November 14, 2018)

An ordinance to create the office of Administrative Hearing Officer to hear certain building and property code violations.
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.
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.
Resolution to Remove the Municipality from the Application of Mandatory Allowance of the Manufacture of Alcoholic Beverages
Resolution (Created: 07/09/2013; Reviewed: May 16, 2017)

Any city that wishes to ensure that neither a distillery nor high alcohol content beer manufacturer operates within its jurisdiction should take immediate steps to adopt a resolution removing the city from the application of TCA 57-2-103(d). Failure to complete this action prior to the end of the 45-day grace period could result in your city being precluded from exercising its ability to opt out of the law. This 45-day grace period began to toll upon the effective date of the bill, July 1st, making August 15th the final day to remove your city from application.

Author: Kelly, Janet

Tennessee Municipal Benchmarking Project FY2006
(Created: 04/12/2007; Reviewed: June 7, 2017)

FY2006 annual report to compare the relative cost, efficiency and effectiveness of a set of municipal services by using a collaborative approach with the participating cities, and to set standards and identify "best practices" in municipal government for use and comparison by all Tennessee cities.

Author: Ketelle, Erin

City Recorders: Elected or Appointed (updated 2017)
Survey (Created: 07/08/2008; Reviewed: September 25, 2018)

A spreadsheet of elected and appointed Tennessee city recorders arranged by type of municipal charter. (updated 2017)

Author: Kingsport

Assistant City Manager for Development Services
Job Description (Created: 03/03/2008; Reviewed: May 31, 2017)

Job description for the position of Assistant City Manager for Development Services.
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.

Author: Kingston Springs

Request for Qualifications for City Attorney/Legal Services for the Town of Kingston Springs
RFP (Created: 03/25/2015; Reviewed: June 24, 2017)

Example of an RFQ for a city attorney.

Author: Knox County

Benefits Coordinator
Job Description (Created: 07/25/2005; Reviewed: May 2, 2017)

A job description for the position of Benefits Coordinator.
Knox County Term Life Insurance Services RFP
RFP (Created: 08/01/2007; Reviewed: February 22, 2010)

An RFP for the provision of group term life insurance and accidental death and dismemberment services.

Author: Knoxville

City of Knoxville, Request for Proposals, Basic Life, AD&D, Basic Dependent Life, Supplemental Life and Long Term Disability Insurance
RFP (Created: 04/26/2006; Reviewed: February 22, 2010)

An RFP for the City of Knoxville to provide life and disability insurance to all eligible employees.
Request for Qualifications: Energy Savings Performance Contracting Services
RFP (Created: 04/01/2008; Reviewed: October 6, 2010)

An RFQ for the City of Knoxville related to hiring a contractor to conduct an energy audit of all City-owned facilities.
Senior Director Human Resources and Policy Compliance
Job Description (Created: 05/13/2010; Reviewed: May 2, 2017)

Job description for the position of Sr. Director Human Resources & Policy Compliance for the City of Knoxville.

Author: Kurbis, Christy

Cleveland Beautification Survey
Survey (Created: 04/28/2011; Reviewed: May 31, 2017)

The Tree Board in Cleveland conducted this survey and had 442 responses.

Author: Lane, Kenny

City of Brentwood Fire Department Annual Report FY2004
(Created: 08/20/2004; Reviewed: January 13, 2017)

An example of an annual report from the Brentwood Fire Department.

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.
Appointment of City Judge
Legal Opinion (Created: 12/05/2000; Reviewed: June 26, 2017)

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.
Band Uniforms
Legal Opinion (Created: 10/26/2000; Reviewed: May 31, 2017)

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.
Beer License and Proximity to Day Care Center
Legal Opinion (Created: 02/23/2001; Reviewed: June 20, 2017)

MTAS was asked if a beer license would be granted to an establishment that is in close proximity to a day care center.
Combining Two Utility Boards
Legal Opinion (Created: 04/02/2001; Reviewed: September 25, 2018)

MTAS was asked whether or not the City may merge the two utility boards currently in existence.
Escorted funeral processions
Legal Opinion (Created: 11/15/2000; Reviewed: June 30, 2017)

Should a city allow funeral-home escorts at funeral processions?
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.
Gated Community Proposal
Legal Opinion (Created: 12/22/2000; Reviewed: June 30, 2017)

Considers the question of allowing a gated community to close its public streets in the evening.
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.
Helicopter Regulation
Legal Opinion (Created: 09/14/2000; Reviewed: April 21, 2017)

MTAS was asked to provide examples of helicopter regulation.
Incompatible Offices
Legal Opinion (Created: 12/08/2000; Reviewed: May 30, 2017)

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.
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.
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.

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.

Author: Lobertini, Steve

Adult Business Ordinance
Ordinance (Created: 09/08/2006; Reviewed: May 5, 2017)

A sample ordinance providing for the licensing and regulation of adult-oriented businesses.
Court Reform and Your Municipal Code
General (Created: 07/24/2006; Reviewed: May 30, 2017)

A list of offenses you may have in your municipal code that provide penalties that exceed the jurisdiction of your city court.
Fireworks Sample Ordinance
Ordinance (Created: 10/19/2006; Reviewed: May 25, 2017)

An ordinance to add Chapter 4, "Fireworks," to Title 7 of the City of ______ Municipal Code.
Open Burning Ordinance
Ordinance (Created: 11/08/2006; Reviewed: May 23, 2017)

A sample open burning ordinance.
Pit Bull Ordinance
Ordinance (Created: 09/01/2006; Reviewed: May 30, 2017)

A sample ordinance prohibiting the ownership, harboring, or possessing of pit bulls.

Author: Local Government Corporation

State of Tennessee Standard Chart of Accounts: Classification by Fund, Function, & Object
General (Created: 06/22/2007; Reviewed: January 3, 2019)

The municipal version of the current chart of accounts for the State of Tennessee; updated by Brad Harris, October 12, 2012.

Author: Loudon

Application for Building Permit, City of Loudon, Tennessee
Form (Created: 01/02/1993; Reviewed: December 19, 2016)

An example of a building permit application that includes a schedule of fees and diagram of the proposed building.

Author: Louisville/Jefferson County Metro Government

Tuition Reimbursement Plan
General (Created: 06/10/2003; Reviewed: January 3, 2017)

A tuition reimbursement plan for the employees of the Louisville/Jefferson County Metro Government.

Author: Luckie, Angie

Contract Documents & Specifications for Residential Recyclable Materials Collection and Delivery
RFP (Created: 03/25/2010; Reviewed: March 20, 2017)

Includes an RFP, contractor's proposal, contract, and performance bond for the City of Maryville.

Author: Mahler, Margaret Z.

Tennessee Department of Transportation ADA Compliance Toolkit
General (Created: 03/20/2019; Reviewed: March 20, 2019)

A toolkit of materials for municipalities to complete a ADA transition plan created by the Tennessee Department of Transportation Chief Engineer's Office.The toolkit includes: Presentation titled "ADA Compliance for Municipalities" (TDOT); Presentation titled "How to Develop an ADA Self-evaluation & Transition Plan" (FHWA); Document titled "ADA Transition Plans: A Guide to Best Management Practices (NCHRP Project # 20-7 (232); and the following selection of forms: action plan, checklist, grievance procedure, public notice, transition plan and more.

Author: Major, Al

10 Most Common Audit Findings For Tennessee Municipalities
General (Created: 07/08/2019; Reviewed: February 17, 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.
Crossville Water Rate Study
Report/Study (Created: 07/02/2010; Reviewed: October 3, 2018)

Rate increases were recommended to cover projected debt and fund higher depreciation costs.
Forms to Accompany Capital Asset Accounting System
Form (Created: 07/02/2003; Reviewed: October 3, 2018)

Includes a sample capital asset disposal record, a capital asset ledger card, and a model resolution to establish a threshold that dictates when expenditures may be capitalized.
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.
Tennessee Municipal Benchmarking Project FY2003
(Created: 07/18/2011; Reviewed: January 3, 2019)

FY2003 annual report to compare the relative cost, efficiency and effectiveness of a set of municipal services by using a collaborative approach with the participating cities, and to set standards and identify "best practices" in municipal government for use and comparison by all Tennessee cities.
Tennessee Municipal Benchmarking Project FY2004
(Created: 01/04/2006; Reviewed: January 3, 2019)

FY2004 annual report to compare the relative cost, efficiency and effectiveness of a set of municipal services by using a collaborative approach with the participating cities, and to set standards and identify "best practices" in municipal government for use and comparison by all Tennessee cities.
Tennessee Municipal Benchmarking Project FY2005
(Created: 04/24/2006; Reviewed: January 3, 2019)

FY2005 annual report to compare the relative cost, efficiency and effectiveness of a set of municipal services by using a collaborative approach with the participating cities, and to set standards and identify "best practices" in municipal government for use and comparison by all Tennessee cities.
Tennessee Municipal Benchmarking Project FY2007
(Created: 03/28/2008; Reviewed: September 21, 2017)

FY2007 annual report to compare the relative cost, efficiency and effectiveness of a set of municipal services by using a collaborative approach with the participating cities, and to set standards and identify "best practices" in municipal government for use and comparison by all Tennessee cities. For the first time, this FY 2007 report contains trend analysis of several benchmark measures. Per capita average costs of providing police, fire and residential refuse services are presented.
Water and Wastewater Rate Study for the Town of Spencer
(Created: 08/19/2010; Reviewed: September 21, 2017)

MTAS was asked to conduct a rate study for the Town of Spencer.

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.

Author: McMillen, Dawn

Allocations for Charitable Contributions in the General Fund FY2019
Survey (Created: 12/10/2019; Reviewed: December 10, 2019)

A survey of selected cities regarding the allocation of funds in the general fund for charitable contributions to non-profit organizations in the fiscal year 2019.
Brush and Debris Pickup in Selected Tennessee Cities
Survey (Created: 05/08/2018; Reviewed: March 8, 2019)

Seven Tennessee cities responded to an MTAS request for information regarding brush and debris pick up.
City Required Contractor License: A Survey of Selected Cities in Tennessee
Survey (Created: 09/30/2016; Reviewed: April 24, 2017)

A survey of ten cities regarding whether they require a contractors' license and their cost.
City Surveyor Position in Selected Cities
Survey (Created: 04/24/2017; Reviewed: May 5, 2017)

Selected cities were surveyed regarding whether they have a city surveyor position and compensation for that position.
Compensatory Time for FLSA-Exempt Employees
Survey (Created: 12/16/2016; Reviewed: May 5, 2017)

Six cities responded to an MTAS survey on compensatory time for FLSA-exempt employees, including the rate, the circumstances, pay out at separation from employment, cap on number of hours that can be accrued, and time frame in which compensatory time must be used.
County Assessor Service Fee Survey
Survey (Created: 07/31/2016; Reviewed: February 10, 2017)

Six cities responded to an MTAS survey about agreements with the county regarding the sharing of the costs of reappraisal of property within the city limits.
Credit Cards Used to Pay Taxes and Other Fees
Survey (Created: 09/11/2019; Reviewed: September 11, 2019)

Several Tennessee cities were contacted to find out if they allow citizens to pay taxes or fees with a credit card.
Enterprise Software Survey
Survey (Created: 11/30/2016; Reviewed: January 11, 2017)

Seven cities were asked about the software package and vendor they are using for managing the utilities department, finance functions, a local school district, and fleet.
Fees and Policies for Grinder Pumps in Selected Tennessee Cities
Survey (Created: 11/06/2019; Reviewed: November 6, 2019)

MTAS surveyed a number of Tennessee cities regarding their fees and policies for grinder pumps.
Firefighter Vacation Accrual in Selected Tennessee Cities
Survey (Created: 09/11/2019; Reviewed: October 30, 2019)

MTAS asked a number of Tennessee cities how they handle vacation accrual for firefighters.
FOG programs in selected Tennessee cities
Survey (Created: 03/08/2019; Reviewed: March 8, 2019)

Seven Tennessee cities responded to a request for information on their local FOG programs and the fees that may be associated with the program.
GIS Manager Salary and Job Description Survey
Survey (Created: 07/16/2019; Reviewed: July 16, 2019)

This survey was conducted to gather salary information and job descriptions for GIS staff in selected cities. Responses from 10 cities are included as well as sample job descriptions.
IT staffing in selected Tennessee cities
Survey (Created: 08/05/2019; Reviewed: January 28, 2020)

A survey of selected cities and towns in Tennessee regarding whether they have an IT manager on staff, other IT staff positions, and if they contract for any of their IT staff. If respondents have contracted IT staff, they were asked further questions about the contract procurement process. Information on the vendors and one sample RFP are provided.
Morristown Fleet Management Survey
Survey (Created: 12/16/2016; Reviewed: February 10, 2017)

Eight cities responded to an MTAS survey about their fleet management, including number and types of vehicles, work bays, and lifts, plus information on staffing, work orders, calls for service, and routine maintenance.
Online Training in Selected Tennessee Cities
Survey (Created: 03/22/2019; Reviewed: March 22, 2019)

Twelve Tennessee cities were contacted to find out if they provide employee training online and what types are offered.
Performance Evaluation Survey
Survey (Created: 12/16/2016; Reviewed: February 10, 2017)

Six cities responded to an MTAS survey about the types of evaluation forms or methods used, software, statistical scoring method, whether validity of instruments or process used is determined, requirements for presence of measurable performance criteria, minimizing rater bias, merit increases, plus questions related to performance assessment of the city manager.
Police Department Staffing Levels and Budget Information in Selected Tennessee Cities
Survey (Created: 04/24/2017; Reviewed: June 21, 2017)

A survey of Tennessee cities regarding police staffing levels, police general fund budget and drug fund information.
Police Record Clerks in Tennessee Cities
Survey (Created: 12/19/2016; Reviewed: June 21, 2017)

Ten cities were asked about the salary and job description of their police records clerk position.
Policy for Rehiring Former City Employees Survey
Survey (Created: 01/10/2017; Reviewed: May 16, 2017)

Fourteen cities responded to an MTAS survey about their policies for rehiring former employees and how their previous employment factors into their benefits and longevity.
Provisions for Uniforms for City Employees
Survey (Created: 03/22/2019; Reviewed: April 10, 2019)

Seven Tennessee cities were surveyed to find out if they reimburse for, provide an allowance for or purchase uniforms for any city employees.
Public Property Naming
Survey (Created: 09/30/2016; Reviewed: January 11, 2017)

Eight cities were asked several questions regarding the naming of public property.
Public Safety Retirement Plan Survey
Survey (Created: 08/31/2016; Reviewed: February 16, 2017)

Nine cities responded to an MTAS survey about their retirement plans for their police and fire employees.
Purchasing Thresholds in Selected Tennessee Cities
Survey (Created: 03/22/2019; Reviewed: March 22, 2019)

Nine Tennessee cities were survey to find out what their government's purchasing threshold is and whether or not it was changed following the update to the law in 2015.
Right of Way Survey of Regional Cities
Survey (Created: 11/16/2016; Reviewed: February 16, 2017)

Five cities responded to an MTAS survey that was sent to 20 cities in the region about public use of right of way.
Tap Fees in Selected Tennessee Cities
Survey (Created: 11/30/2016; Reviewed: December 6, 2016)

Seven cities were asked about the tap fees they charge for residential water and residential sewer, both inside and outside the city.
Wastewater surcharges in selected Tennessee cities
Survey (Created: 03/08/2019; Reviewed: March 8, 2019)

Eleven cities across the state were contacted in May 2018 regarding their parameters and rates for wastewater surcharges.
Which Cities Require Motorists to Buy a City Sticker?
Survey (Created: 02/24/2017; Reviewed: February 28, 2020)

Twenty cities responded to an MTAS survey about vehicle stickers and the associated fees.

Author: Memphis

Compliance/Labor Relations Specialist
Job Description (Created: 05/19/2006; Reviewed: January 3, 2017)

Job description for the position of Compliance/Labor Relations Specialist.
Data Entry Operator
Job Description (Created: 11/02/2016; Reviewed: March 1, 2017)

Job description for the position of data entry operator from the city of Memphis.
Labor Relations Manager/EEO Officer
Job Description (Created: 09/20/2005; Reviewed: January 3, 2017)

Job description for the position of Labor Relations Manager/EEO Officer.
Memphis Code on Panhandling
Ordinance (Created: 12/11/2006; Reviewed: June 9, 2017)

The purpose is to regulate and punish violations of the act of panhandling, rather than the status of the person.
Senior EEO/Labor Relations Specialist
Job Description (Created: 10/23/2007; Reviewed: January 3, 2017)

Job description for the position of Senior EEO/Labor Relations Specialist.

Author: Mercer University

Performance Evaluation/Staff Development Form for Employees in Non-exempt Classifications.
Form (Created: 01/01/1999; Reviewed: May 2, 2017)

A form used by Mercer University to aid supervisors in staff training and evaluations.

Author: Metro Water Services

Water Services Assistant Director
Job Description (Created: 10/26/2004; Reviewed: April 21, 2017)

Job description for a Water Services Assistant Director.

Author: Metropolitan Government of Nashville and Davidson County

Property Standards Inspector I
Job Description (Created: 06/08/2010; Reviewed: December 20, 2016)

A job description for the position of Property Standards Inspector I for Nashville-Davidson County Metropolitan Government.
Social Media Specialist Job Description
Job Description (Created: 03/22/2019; Reviewed: April 23, 2019)

A sample job description for a Social Media Specialist downloaded from the Metro website.

Author: Metropolitan Lynchburg/Moore County

Metropolitan Lynchburg/Moore County Safety Policy
(Created: 08/01/2001; Reviewed: January 31, 2017)

Safety policy for Metropolitan Lynchburg/Moore County.

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.

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.
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.
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.
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.
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.
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.
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.
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.
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.
How to Enforce Slum Clearance
Legal Opinion (Created: 04/12/1996; Reviewed: October 3, 2017)

MTAS was asked for a summary of a city's slum clearance ordinance.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.

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.

Author: MTAS

Accountant
Job Description (Created: 08/19/2002; Reviewed: July 18, 2018)

Job description for the position of Accountant.
Accounting Clerk
Job Description (Created: 08/19/2002; Reviewed: August 15, 2018)

Job description for the position of Accounting Clerk.
Actuarial Services Resource List
General (Created: 06/25/2017; Reviewed: August 15, 2018)

A list of vendors performing actuarial work for GASB 45 benefits.
Administrative Assistant (1)
Job Description (Created: 08/19/2002; Reviewed: April 17, 2017)

Job description for the position of Administrative Assistant under supervision of Utilities Superintendent.
Administrative Secretary
Job Description (Created: 08/19/2002; Reviewed: May 2, 2017)

Job description for the position of Administrative Secretary.
Administrative Secretary for Public Safety
Job Description (Created: 08/19/2002; Reviewed: May 2, 2017)

Job description for the position of Administrative Secretary for Public Safety in the Police Dept.
Administrative Secretary I for the Department of Development Services
Job Description (Created: 08/19/2002; Reviewed: May 2, 2017)

Job description for the position of Administrative Secretary I for Development Services.
Adventures in Annexation: Adventure Guide to Annexation for a Municipality
General (Created: 03/18/2020; Reviewed: March 18, 2020)

This MTAS online "Adventure Guide" provides instruction on each step of the annexation process for Tennessee municipalities. (MTAS Adventure Guide series)
Animal Control Attendant
Job Description (Created: 09/26/2002; Reviewed: May 30, 2017)

Job description for the position of Animal Control Attendant.
Animal Control Officer
Job Description (Created: 09/26/2002; Reviewed: May 30, 2017)

Job description for the position of Animal Control Officer.
Apprentice Lineworker
Job Description (Created: 09/26/2002; Reviewed: January 13, 2017)

Job description for the position of Apprentice Lineworker.
Assessment Center Job Analysis Form
Form (Created: 06/27/2000; Reviewed: May 29, 2018)

MTAS created a job analysis form to complement the Assessment Center process.
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.
Assistant Chief of Police (1)
Job Description (Created: 09/26/2002; Reviewed: June 21, 2017)

Job description for the position of Assistant Chief of Police.
Assistant Chief of Police (2)
Job Description (Created: 09/26/2002; Reviewed: June 21, 2017)

Job description for the position of Assistant Chief of Police.
Assistant Chief of Police (3)
Job Description (Created: 09/26/2002; Reviewed: June 21, 2017)

Job description for the position of Assistant Chief of Police.
Assistant City Manager
Job Description (Created: 08/19/2002; Reviewed: May 31, 2017)

Job description for the position of Assistant City Manager.
Assistant City Manager: Development Services
Job Description (Created: 08/19/2002; Reviewed: May 31, 2017)

Job description for the position of Assistant City Manager in Development Services.
Assistant Golf Pro
Job Description (Created: 09/25/2002; Reviewed: May 30, 2017)

Job description for the position of Assistant Golf Pro.
Assistant Purchasing Manager
Job Description (Created: 08/19/2002; Reviewed: May 31, 2017)

Job description for the position of Assistant Purchasing Manager.
Assistant Superintendent of Water and Sewer
Job Description (Created: 08/16/2001; Reviewed: May 2, 2017)

Job description for the position of assistant superintendent of water and sewer.
Building Codes Inspector
Job Description (Created: 09/25/2002; Reviewed: December 19, 2016)

Job description for the position of Building/Codes Inspector.
Business Office Supervisor
Job Description (Created: 09/24/2002; Reviewed: May 2, 2017)

Job description for the position of Business Office Supervisor.

Pages