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Reviewed Date: June 12, 2017
Personnel--Selection and recruitment
Mayor's Appointment of Staff
MTAS was asked for clarification on the appointment of the fire chief and assistant fire chief under the city's charter and municipal ordinances.
Knowledgebase-Mayor's Appointment of StaffApril 10, 2012The Honorable Anthony DeMatteo, MayorTown of Estill SpringsP.O. Drawer 100Estill Springs, Tennessee 37330Re: The mayor’s appointment of staffDear Mayor DeMatteo City Recorder Tina Smith indicated that you have requested clarification on the appointment of the fire chief and assistant fire chief under the city’s charter and municipal ordinances. The charter outlines the following duties of the mayor:6-3-106. Duties of mayor.—(a) The mayor:(1) Shall be the chief executive officer of the municipality andshall preside at meetings of the board;(2) Shall communicate any information needed, and recommendmeasures the mayor deems expedient to the board;(3) (A) Shall make temporary appointments of any officer ordepartment head as those terms defined in § 6-1-101, except thatof alderman, arising from the absence, sickness or disability of anysuch officer or department head, and shall report suchappointment to the board at its next regular meeting. (B) The board may confirm or reject the mayor'stemporary appointments, or, at its discretion, make its owntemporary appointments. The board shall make appointments tofill vacancies in office.(4) (A) May call special meetings of the board upon adequatenotice to the board and adequate public notice; (B) Shall state the matters to be considered at the specialmeeting and the action of the board shall be limited to thosematters submitted;(5) Shall countersign checks and drafts drawn upon thetreasury by the treasurer and sign all contracts to which the municipalityis a party;(6) As a member of the board, may make motions and shall havea vote on all matters coming before the board;(7) Shall make appointments to boards and commissions asauthorized by law.(b) Unless otherwise designated by the board by ordinance, the mayorshall perform the following duties or may designate a department head ordepartment heads to perform any of the following duties: (1) Those duties set forth in § 6-4-101, if the board does notappoint a city administrator or if someone else is not designated by theboard to perform those duties. (2) (A) Employ, promote, discipline, suspend and dischargeall employees and department heads, in accordance with personnelpolicies and procedures, if any, adopted by the board; (B) Nothing in this charter shall be construed as grantinga property interest to employees or department heads in theircontinued employment; (3) Act as purchasing agent for the municipality in the purchaseof all materials, supplies and equipment for the proper conduct of themunicipality's business; provided, that all purchases shall be made inaccordance with policies, practices and procedures established by theboard; (4) Prepare and submit the annual budget and capital programto the board for their adoption by ordinance; and (5) Such other duties as may be designated or required by theboard. I could not find an ordinance assigning the above duties to someone other than the mayor as required by the charter; therefore, those duties are the responsibility of the mayor. I did find a set of personnel regulations passed by resolution that indicate all appointments to full-time and full-time probationary positions with the Town of Estill Springs shall be made by the Board of Mayor and Aldermen. As you may know a resolution does not meet the charter requirement of an ordinance. It is my opinion that the mayor currently has the power to employ, promote, discipline, suspend and discharge all employees and department heads in accordance with the town’s charter and ordinances and this includes the fire chief and assistant fire chief. If the board does not want the mayor to have this power, they need to revisit the issue and provide otherwise as required by the town charter. In the absence of a city administrator the mayor also performs the following duties of the city administrator:6-4-101. Duties of city administrator.—(a) The board may appoint acity administrator who shall be under the control and direction of the board.The city administrator shall report and be responsible to the board.(b) The board may, by ordinance, require the city administrator toperform any or all the following duties: (1) Administer the business of the municipality; (2) Make recommendations to the board for improving thequality and quantity of public services to be rendered by the officers andemployees to the inhabitants of the municipality; (3) Keep the board fully advised as to the conditions and needsof the municipality; (4) Report to the board the condition of all property, real andpersonal, owned by the municipality and recommend repairs orreplacements as needed; (5) Recommend to the board and suggest the priority ofprograms or projects involving public works or public improvements thatshould be undertaken by the municipality; (6) Recommend specific personnel positions, as may be requiredfor the needs and operations of the municipality, and may proposepersonnel policies and procedures for approval of the board; and (7) Perform such other duties as may from time to time bedesignated or required by the board. I also noticed that the current personnel ordinance indicated that amendments to the personnel policies may be made by resolution. An ordinance is required to amend an ordinance. Unless the town has repealed the personnel ordinance, it appears that the town has a set of personnel regulations in the municipal code (ordinance) and a set passed by resolution. They need to be combined into one. Please call me if you have questions or comments.Respectfully YoursRon DardenMunicipal Management ConsultantCc. City Recorder Tina Smith