| Ordinance Regulating the Placement or Construction of Buildings or Structures over Utility Mains and Stormwater Drains Ordinance (Created: 2009-08-28; Reviewed: 2021-05-04) An ordinance regulating the placement or construction of buildings or structures over utility mains and stormwater drains. |
| Ordinance to Adopt the International Building Code Ordinance (Created: 2004-07-30; Reviewed: 2021-05-04) An ordinance to adopt the International Building Code of 2003 with SEISMIC deletions. Since this draft ordinance was prepared the International Code Council (ICC) has prepared subsequent editions of the International Building Code (IBC) that include provisions for seismic considerations. It is recommended depending upon the edition of the IBC adopted by the jurisdiction and subsequent amendments as provided in the sample ordinance correctly reference sections and subsections of the IBC to ensure proper reference in the Ordinance. |
| Ordinance to Provide for Order, Safety, and Tranquility in the Streets of the Town of New Tazewell During Parades Ordinance (Created: 2002-10-03; Reviewed: 2021-07-09) MTAS was asked to write an ordinance which would allow the town to recover security costs during parades and rallies. |
| Police Employee with Seizure Conditions General (Created: 2006-03-14; Reviewed: 2021-07-02) The city is concerned about the employee being able to satisfactorily perform the essential functions of the job, and in particular, his ability to drive a vehicle. |
| Police Officer Serving as Codes Enforcement Officer General (Created: 2010-03-26; Reviewed: 2021-07-06) MTAS was asked whether a police officer may be assigned additional duties as a codes enforcement officer. |
| Private Wastewater System in Subdivision General (Created: 2002-03-25; Reviewed: 2021-07-20) MTAS was asked whether a developer can provide and operate a private wastewater system in a new subdivision outside the city if the city is currently providing water and electric service to the area. |
| Professional City Management Letter General (Created: 2009-06-15; Reviewed: 2021-07-16) MTAS prepared a letter to explain why a city should have a professional city manager. |
| Property Maintenance Standards and Enforcement Recommendations Report/Study (Created: 2011-09-07; Reviewed: 2016-12-23) MTAS was asked to draft a property maintenance program for the City of Decherd. Includes ordinance, resolution, maintenance checklist, inspection warrant, and notice of lien. |
| Property Maintenance Standards and Enforcement Recommendations Report/Study (Created: 2011-03-29; Reviewed: 2016-12-23) This report outlines standards for property maintenance, recommendations for enforcement of property maintenance standards, inspection and enforcement procedures, and recommended implementation provisions. |
| Property Maintenance Standards and Enforcement Recommendations Report/Study (Created: 2010-11-12; Reviewed: 2021-01-12) This report outlines standards for property maintenance, recommendations for enforcement of property maintenance standards, inspection and enforcement procedures, and recommended implementation provisions. |
| Proposed Debt Policy Review for Chattanooga General (Created: 2011-11-30; Reviewed: 2021-04-23) MTAS reviewed Chattanooga's dept policy for conformance with the MTAS Model Debt Policy. |
| Recreation Advertisements General (Created: 2002-12-11; Reviewed: 2021-06-29) MTAS was asked whether the city can sell advertisements at recreation facilities and if the revenue can be held in a special fund for recreation purposes. |
| Relocation of City Hall General (Created: 2002-08-09; Reviewed: 2021-07-23) MTAS was asked about moving City Hall from one county to another. |
| Requiring Annexation as a Condition for Extending a Utility Outside the City General (Created: 2012-01-26; Reviewed: 2021-04-23) MTAS was asked about the city entering into an agreement with a land owner/developer requiring annexation as a condition for extending a utility outside the city. |
| Resolution Adopting a City Seal Resolution (Created: 2010-05-17; Reviewed: 2021-07-27) A resolution adopting the official city seal of the City of Clifton. |
| Resolution Adopting Board General Rules of Order Resolution (Created: 2003-12-05; Reviewed: 2021-06-09) A resolution adopting general rules of order for the Board of Mayor and Aldermen of Blaine. |
| Resolution Establishing a Records Management System Resolution (Created: 2007-12-06; Reviewed: 2021-07-20) A resolution establishing a records management system based on the MTAS reference guide for records management. |
| Resolution Establishing Rules and Procedures for Board of Mayor and Aldermen Meetings Resolution (Created: 2005-03-04; Reviewed: 2021-06-09) A resolution establishing rules and procedures for Board of Mayor and Aldermen meetings and establishing a format for Board study sessions. |
| Resolution Establishing Work Hours for Town Personnel and Accompanying Memo from the Mayor Resolution (Created: 2011-09-19; Reviewed: 2021-06-02) MTAS was asked to assist with establishing work hours for the personnel of the Town of Huntland. |
| Resolution Providing for an Emergency Interim Successor to the Town Mayor Resolution (Created: 2012-07-02; Reviewed: 2021-07-16) MTAS was asked about accepting the resignation of the mayor and a procedure for appointing a mayor pro tempore. |
| Revitalizing the Downtown Area General (Created: 2007-04-18; Reviewed: 2021-06-28) MTAS was asked to advise the city about methods for revitalizing the downtown area. |
| Sale of Alcoholic Beverages, Including Beer, on Election Day General (Created: 2008-10-29; Reviewed: 2021-07-23) MTAS was asked about the sale of alcoholic beverages, including beer, on election day. |
| Sale of Confiscated Property: Revenue Disposition General (Created: 2011-08-01; Reviewed: 2021-07-06) MTAS was asked for clarification of the disposition of revenues from the sale of confiscated property. |
| Signal Mountain Strategic Plan Report/Study (Created: 2011-04-04; Reviewed: 2021-07-27) MTAS was asked to facilitate the council and the city manager reviewing the previous strategic plan that was developed approximately two (2) years ago; conducting a review of town strengths, weaknesses, opportunities and threats (SWOT analysis); developing goals and objectives; and developing a revised mission and vision statement. |
| Solar Ordinance Ordinance (Created: 2011-04-12; Reviewed: 2021-06-29) An ordinance regulating solar system installations. |
| State Street Aid Fund General (Created: 2005-08-02; Reviewed: 2021-04-26) MTAS was asked whether State Street Aid Funds could be used to take water samples at stormwater system outfalls. |
| Strategic Plan for the City of Winchester General (Created: 2010-08-25; Reviewed: 2021-07-27) MTAS was asked to assist the city council and city administrator in identifying and discussing community strengths, weaknesses, opportunities and threats as part of the strategic planning process; outlining specific prioritized goals and objectives; and in developing a mission statement for the city. |
| Strategic Planning General (Created: 2011-07-14; Reviewed: 2021-07-27) A letter explaining the benefits of strategic planning for the city. |
| Street Closure General (Created: 2005-01-07; Reviewed: 2020-05-11) MTAS was asked about closing a public street or to relocate a public street for the purpose of the county constructing a jail facility at or near the present street location. |
| Street Excavation Ordinance Ordinance (Created: 2008-12-09; Reviewed: 2020-05-11) An ordinance providing for street cut permits, standards and procedures for the City of Iron City, Tennessee. |
| Study Session Agenda General (Created: 2010-04-22; Reviewed: 2021-06-09) A sample study session agenda for the City of Rocky Top, Tennessee. |
| Town of Petersburg Recreation Commission By-Laws General (Created: 2006-09-15; Reviewed: 2021-07-12) MTAS was asked to assist with creating bylaws for the recreation commission. |
| Travel Expenses Paid Directly to Provider General (Created: 2005-02-15; Reviewed: 2021-07-15) Municipalities may pay directly for travel expenses, provided payment is made directly to the provider and not to the official or employee |
| Tri-County Water and Wastewater Treatment Authority General (Created: 2004-03-08; Reviewed: 2021-04-26) MTAS was asked to review Senate Bill 3213/House Bill 3426 creating a Tri-County Regional Utility Authority in Knox, Union, and Grainger Counties . |
| Vacancies in Office General (Created: 2004-04-06; Reviewed: 2021-07-16) MTAS was asked what election procedures should be followed should the mayor resign prior to the upcoming November election. |
| Volunteer Receiving Health Benefits and Dust Control General (Created: 2004-08-04; Reviewed: 2021-07-15) MTAS was asked about a volunteer recreation director receiving health benefits and about dust from a gravel quarry. |
| Walking Horse Museum General (Created: 2011-04-29; Reviewed: 2021-07-16) MTAS was asked about funding possibilities for assisting with locating the National Walking Horse Museum in Wartrace. |
| Wastewater Service Connection Fees Report/Study (Created: 2006-12-11; Reviewed: 2021-07-20) This report outlines the procedure for assessing a wastewater service connection fee, sometimes referred to as a tap fee, based upon equity, the actual cost of making the connection, and usage of the system. |
| Ordinance to Raise the Sales and Use Tax in the City of Dunlap from 2.25% to 2.75% and to Request a Referendum of the People to Approve the Ordinance Ordinance (Created: 2010-03-05; Reviewed: 2021-07-19) The ordinance is one that increases the City of Dunlap's portion of the local option sales tax to the maximum 2.75% upon a successful referendum. |
| COVID-19 and Municipal Governments: A Hot Topic Q & A for Tennessee Municipalities General (Created: 2020-03-16; Reviewed: 2021-07-12) The first case in the United States of 2019-nCoV, the 2019 novel coronavirus, now classified as COVID-19, was diagnosed on January 20, 2020, in Snohomish County, Washington. Since then, more people have been diagnosed with COVID-19, and cities are struggling to find information of how to respond to the spread of the virus and how the virus will affect the city’s ability to continue to provide municipal services. This MTAS Hot Topic provides guidance for cities on these issues. (Updated 3/23/2020) |
| Sample Ordinance for Premise Identification Ordinance (Created: 2021-05-05; Reviewed: 2021-06-17) A cluster mailbox, or cluster box unit (CBU), is a multi-unit mailbox centralized for common use by the occupants of a residential or commercial development. When cluster mailboxes are installed in single family developments there are no mailboxes in front of each home. This creates a problem for fire, police, EMS, and other emergency and essential services in finding the address of a home. Every building in every community should have the street address number posted on the building, but this is not always the case. At night, and in bad weather, numbers posted on a building can be hard to find and hard to read. Landscaping may grow and obscure the number. The number may not be placed in a conspicuous place. These factors make it difficult for emergency responders to find the home, which increases response time and delays getting help to the person who needs it. MTAS created a sample ordinance to require address posts for developments that use cluster box units. The sample ordinance requires a reflective signs and minimum sized numbers to be mounted on a post at the curb to make it easy for emergency responders to locate a home. A municipality may modify the sample ordinance to meet local aesthetic needs, if desired. |
| Englewood Debt Management Policy General (Created: 2011-09-20; Reviewed: 2021-04-22) MTAS was asked to customize the model debt policy based on a percentage of expenditures. |
| Stormwater Technician I and II Job Descriptions Job Description (Created: 2014-07-01; Reviewed: 2020-05-11) Job descriptions for the positions of Stormwater Technician I and II. |
| City of Niota Wastewater Treatment Plant Operator Agreement General (Created: 2017-08-15; Reviewed: 2021-05-12) A contract between city of Niota and the Environmental Management Group to provide personnel to operate and maintain the wastewater plant. |
| Town of Erwin Job Description Director of Public Works Job Description (Created: 2019-04-23; Reviewed: 2021-05-26) A job description written for the Town of Erwin's Director of Public Works. Under the general direction of the Town Administrator, this is responsible technical and supervisory work in planning, organizing and directing the overall work and activities of the streets, right of way, sanitation, storm sewer, parks and recreation, and fleet maintenance functions. |
| Interlocal Agreement for Planning Assistance General (Created: 2012-06-19; Reviewed: 2021-07-26) Examples of interlocal agreements for planning services. |
| Citations in Lieu of Arrest and Ordinance Summonses General (Created: 1999-10-28; Reviewed: 2021-05-20) MTAS was asked to prepare citations in lieu of arrest and ordinance summonses. |
| Tennessee Fire Mortality Study Report/Study (Created: 2011-07-25; Reviewed: 2017-05-23) Historically, Tennessee's fire mortality rate for civilians has been among the highest in the nation. During 2002-2010, the time period for this study, the national fire mortality rate declined, but the rate in Tennessee increased. The purpose of this study is to provide the analytical foundation for an informed plan of action to help reduce and prevent fatalities that occur in residential structures which is the type of incident that accounts for about three-fourths of all civilian fire deaths in the state. |
| Landscape Technician Job Description (Created: 2000-10-01; Reviewed: 2021-06-21) Job description for the position of Landscape Technician. |
| Purchasing Card Procedures for the City of Franklin, Tennessee General (Created: 2005-02-23; Reviewed: 2021-06-28) A sample policy governing the use of city-issued credit cards. |
| Communications Director (Gallatin, TN) Job Description (Created: 2019-08-23; Reviewed: 2021-04-23) A sample job description provided by the City of Gallatin for the Director for Administration & Communications. The purpose of the position is to captivate and engage current and new audiences with the city. |
| Germantown Fire Department Standard Operating Procedures Report/Study (Created: 2010-07-08; Reviewed: 2021-07-22) An SOP from the Germantown Fire Department. |
| Greenville Solid Waste Application and Service Agreement Form Form (Created: 2021-07-12; Reviewed: 2021-09-16) A sample application and service agreement for solid waste collection provided by the Town of Greeneville, Tennessee. |
| Sample Municipal Airport Minimum Standards General (Created: 2020-08-24; Reviewed: 2021-06-28) Sample municipal airport minimum standards shared by Rockwood, TN, Elizabethton, TN and Greeneville, TN. |
| Assistant Superintendent of Building Construction and Maintenance Job Description (Created: 2007-04-01; Reviewed: 2021-06-15) Job description for the position of Assistant Superintendent of Building Construction and Maintenance for the Town of Greenwich, Connecticut. |
| Commissioner of Public Works Job Description (Created: 2009-07-01; Reviewed: 2020-06-02) Job description for the position of Commissioner of Public Works in the Town of Greenwich, Connecticut. |
| Superintendent of Building Construction and Maintenance Job Description Job Description (Created: 2007-01-31; Reviewed: 2021-07-15) A job description for the position of Superintendent of Building Construction and Maintenance for the Town of Greenwich, Connecticut. |
| FMLA Forms Form (Created: 2015-06-05; Reviewed: 2021-07-29) Links to FMLA forms are provided here. |
| Performance Appraisal Sample Documents Form (Created: 2016-04-22; Reviewed: 2021-05-18) MTAS was asked to provide some examples of performance appraisal or evaluation forms. |
| Sample Job Analysis Observation Audit Form General (Created: 2016-02-17; Reviewed: 2021-05-04) MTAS provided information for a job analysis observation audit. |
| Sample Title VI Limited English Proficiency (LEP) Procedures Form (Created: 2017-10-19; Reviewed: 2021-05-24) Two sample Title VI Limited English Proficiency (LEP) procedures are provided. One is created by MTAS and the other is from the City of Murfreesboro, TN, which was reviewed by MTAS staff. |
| Tennessee Fire Department Needs Assessment Survey Report/Study (Created: 2014-06-30; Reviewed: 2021-05-20) This survey's major goal is to identify gaps in Tennessee fire service coverage by comparing departments' personnel, equipment, and facilities against consensus standards, government regulations, and other nationally recognized guidance for effective and efficient firefighting practices. |
| Policy on Use of the City Attorney(s) General (Created: 2011-02-10; Reviewed: 2021-07-29) The City of Gustavus, Alaska, created a policy and procedure for queries to the City Attorney. |
| Hamilton County Government Group Health Plan Request for Proposal RFP (Created: 2007-06-26; Reviewed: 2021-06-21) An RFP for proposals for HMO, POS and PPO products, both fully-insured and self-funded; includes certificate of compliance. |
| Unified Communications Agreement Addendum General (Created: 2008-10-01; Reviewed: 2021-07-27) An agreement for emergency communications services exists between Hamilton County Emergency Communications District, Hamilton County, Chattanooga, East Ridge, Collegedale, Red Bank, and Signal Mountain. This addendum is to apply a cost adjustment plan. |
| A Resolution of the Town of Bluff City, Tennessee Amending Their Personnel Policies by Adding a Section on the use of Global Positioning System (GPS) Devices in Town Vehicles Resolution (Created: 2019-04-23; Reviewed: 2020-04-22) This resolution, authored by Pat Hardy, allows the Town of Bluff City, Tennessee to amend their personnel policies in order to add a section about the use of GPS devices in town vehicles. |
| Administrative Assistant to the City Manager Job Description (Created: 2002-12-06; Reviewed: 2021-04-09) Job description for the position of Administrative Assistant to the City Manager. |
| Alderman Declines Salary General (Created: 2015-02-09; Reviewed: 2021-04-09) MTAS was asked whether an alderman may decline a salary. |
| Alternative Hostile Work Environment Policy Language General (Created: 2021-01-05; Reviewed: 2021-01-06) Sample policy language for use when a complaint of hostile work environment, workplace harassment, or sexual harassment is lodged against a city manager by a city employee. Language provides an alternative process for handling the compliant. |
| An Ordinance Adding Language Regarding Animal Control for Cats Ordinance (Created: 2020-12-10; Reviewed: 2021-04-15) The Town of Baileyton, Tennessee required an update to the Municipal Code in order to change the animal control language to include provisions for cats. |
| Appointing a New Mayor General (Created: 2011-05-24; Reviewed: 2021-07-16) MTAS was asked who will be Mayor if the current Mayor resigns his seat. |
| Assistant City Administrator Job Description (Created: 2008-08-25; Reviewed: 2021-04-15) Job description for the position of Assistant City Administrator for the Town of Dandridge. |
| Auction Services Request for Proposals RFP (Created: 2014-04-04; Reviewed: 2021-07-28) MTAS was asked to prepare an auction services RFP for the City of Jefferson City. |
| Baileyton Sewer Connection Increase Ordinance Ordinance (Created: 2020-11-20; Reviewed: 2021-04-28) Management Consultant Pat Hardy authored this ordinance for the Town of Baileyton, Tennessee regarding adjusting sewer connection charges. |
| Baneberry Purchasing Limits Ordinance Ordinance (Created: 2015-12-18; Reviewed: 2021-07-29) This ordinance sets purchasing limits for a city with a general law manager-commission charter. |
| Beer Definition Ordinance Ordinance (Created: 2017-01-05; Reviewed: 2021-06-18) An ordinance changing the city's definition of beer to coincide with state definitions and altering distance regulations for beer sales. |
| Board Appointments or Dismissal Confirmations for Certain Staff Positions General (Created: 2013-12-13; Reviewed: 2021-07-20) MTAS was asked whether the Board of Mayor and Aldermen should play an increased role (hiring or dismissal) in one or more staff positions in order to provide employee protection for 'whistleblower' actions. |
| Borrowing Funds for School Construction General (Created: 2002-04-09; Reviewed: 2021-04-22) MTAS was asked whether a municipality could borrow money to help finance the construction of a new county elementary school. |
| Bristol Library Director Job Description Job Description (Created: 2015-05-11; Reviewed: 2021-07-15) An information profile for the position of library director; includes a description of the library and its services, plus the position advertisement. |
| Certificate of Compliance for Wine in Grocery Stores Form (Created: 2016-01-11; Reviewed: 2021-07-15) MTAS was asked to supply a certificate of compliance for selling wine in grocery stores. |
| City Manager Evaluation Form Form (Created: 2000-06-01; Reviewed: 2021-04-26) MTAS was asked to provide a form for the evaluation of a city manager. |
| City Manager Job Description in a Smaller General Law Manager-Commissioned City Job Description (Created: 2020-09-01; Reviewed: 2021-07-16) A sample job description for the City Manager of Watauga, Tennessee. |
| City of Tusculum Certified Municipal Finance Officer Job Description Job Description (Created: 2012-05-16; Reviewed: 2021-07-28) Job description for the position of Certified Municipal Finance Officer for the City of Tusculum. |
| City Recorder Job Description with CMFO Job Description (Created: 2017-01-12; Reviewed: 2021-06-25) Job description for the position of city recorder that includes a requirement for obtaining the State Certification for Municipal Clerks and Recorders and the Certified Municipal Finance Officer Certification within three years employment. |
| City Recorder/Finance Director Job Description Job Description (Created: 2021-04-29; Reviewed: 2021-04-30) A job description for Jonesborough, Tennessee for the City Recorder/Finance Director who reports directly to the board of mayor and aldermen. |
| City Recorder/Finance Director Job Description Job Description (Created: 2004-11-09; Reviewed: 2021-07-07) A job description for a position that combines the duties of City Recorder and Finance Director. |
| City Responsibility for Property Line Pin General (Created: 2004-11-08; Reviewed: 2021-05-14) MTAS was asked about a situation related to a property-line 'pin' that was covered in a recent street paving. |
| Civil Service: Some Pros, Cons and Suggestions for Reform General (Created: 2006-10-05; Reviewed: 2021-05-07) The purpose of this paper is to discuss some of the pros and cons related to civil service and to offer suggestions for improvements. |
| Consolidation of City and County Governments: A Look at the History and Outcome-Based Research of These Efforts General (Created: 2019-08-21; Reviewed: 2021-08-20) This research is available in the two attached documents on the history of consolidation and the pros and cons of consolidation. |
| Councilmember Running for Mayor General (Created: 2003-02-12; Reviewed: 2021-06-25) MTAS was asked whether a sitting councilmember can run for the office of Mayor without resigning his current council seat. |
| Criminal Background Check Authorization Form (Created: 2003-03-14; Reviewed: 2021-06-15) MTAS was asked to develop a criminal background check employment application supplement. |
| Deannexation and the Payment of Property Taxes General (Created: 2005-02-23; Reviewed: 2021-06-09) MTAS was asked about the process of deannexation (also known as 'contraction') and about the payment of property taxes for those who reside in the area to be deannexed. |
| Design Review Commission Resolution Resolution (Created: 2009-03-03; Reviewed: 2021-06-29) A resolution creating a design review commission for the Town of Pittman Center. |
| Director of Finance Job Description (Created: 2017-08-17; Reviewed: 2021-07-01) Job description for the Director of Finance in a Tennessee city. |
| Director of Library Job Description (Created: 2005-01-24; Reviewed: 2021-07-15) A job description for the position of library director |
| Disease Management Program RFP or RFQ General (Created: 2006-02-08; Reviewed: 2021-07-20) MTAS was asked about the use of an RFP for a 'Disease Management Program.' |
| Economic Development Director Job Description (Created: 2004-01-19; Reviewed: 2021-04-28) A job description for the position of Economic Development Director. |
| Economic Development Director Job Description Job Description (Created: 2016-09-14; Reviewed: 2021-06-18) A job description for the position of Economic Development Director. |
| Elected Official Acknowledgement of Ethics and Conflict of Interest Policy Form (Created: 2017-01-11; Reviewed: 2021-06-25) A signature form for use by elected officials who receive and read the town's ethics policy. |
| Electric System Director Job Description Job Description (Created: 2005-02-14; Reviewed: 2021-05-12) Job description and management responsibilities for the position of Electric System Director. |
| Emergency Medical Services Executive Director Job Description (Created: 2012-10-04; Reviewed: 2021-07-12) Job description for the position of the Executive Director of Emergency Medical Services (EMS). |
| Employment Agreement between the Town of Baileyton, Tennessee, and a Wastewater Treatment Operator General (Created: 2012-06-14; Reviewed: 2021-05-12) The town wishes to employ an individual for a period of one year in order to determine if they are capable of operating the Town's wastewater treatment plant, a highly regulated facility which must be operated to exact regulations as required by state, local, and federal agencies. |
| Employment Agreement for City Manager General (Created: 2005-12-14; Reviewed: 2021-06-28) An employment agreement between the city and the city manager. |
| Fair Labor Standards Act (FLSA) "Administrative" Exemption Test Form (Created: 2016-11-28; Reviewed: 2021-06-15) MTAS was asked to develop forms for FLSA exemption "tests" for use in cities. |
| Fines for Violation of Town Ordinances General (Created: 2007-04-02; Reviewed: 2021-07-27) MTAS was asked how much the fine can be and if a separate fine can be assessed for each day of a violation. |
| Johnson City Animal Shelter Director Comparisons Survey (Created: 2015-10-15; Reviewed: 2021-03-29) MTAS collected salary, jurisdiction, and departmental information for the position of animal shelter director from seven Tennessee cities. |
| Johnson City: Structure of Leisure Services Review 2005 Report/Study (Created: 2005-04-11; Reviewed: 2021-06-21) The purpose of the study was to identify possible areas of improvement in the structural arrangement of leisure services. |
| Kingsport City Manager Search Interview Training General (Created: 2014-04-10; Reviewed: 2021-06-09) MTAS was asked to provide guideline a city manager interview process. |
| Kingsport Code Enforcement Review Report/Study (Created: 2010-01-04; Reviewed: 2021-04-29) MTAS was asked to conduct an examination of Kingsport's code enforcement system. Environmental court programs were also reviewed. |
| Kingsport, Tennessee, Fire Protection Management Study Report/Study (Created: 2011-06-30; Reviewed: 2021-07-22) This fire study was conducted at the request of the City of Kingsport. |
| Laboratory Technician Job Description (Created: 2003-07-10; Reviewed: 2021-05-04) Job description for the position of Laboratory Technician at a wastewater plant. |
| Lease versus Purchase of Public Facilities: Pros and Cons General (Created: 2010-10-15; Reviewed: 2020-10-07) This article lists the advantages and disadvantages of leasing a public facility. |
| Leasing a Garbage Truck General (Created: 2015-01-21; Reviewed: 2021-05-27) MTAS was asked whether the city can lease a garbage truck without permission from the Comptroller's office |
| Local Preference in Purchasing Policy General (Created: 2015-01-26; Reviewed: 2021-07-28) MTAS was asked whether a city may include a five percent bonus for local providers/contractors to give a slight advantage to a local provider. |
| McMinnville Goal-Setting Report Report/Study (Created: 2002-04-17; Reviewed: 2021-07-08) The McMinnville City Council and City staff met to establish a set of goals to help guide the city's efforts over the next several years. |
| Morristown City Administrator Job Description Job Description (Created: 2009-10-05; Reviewed: 2021-07-08) Job description for the position of City Administrator. |
| Morristown Police (or Fire) Chief Annual Evaluation Form (Created: 2016-02-16; Reviewed: 2021-05-18) This form may be used for the annual performance appraisal of the police or fire chief. |
| Mount Carmel Mayoral Analysis Report Report/Study (Created: 2020-08-21; Reviewed: 2021-07-16) MTAS was asked to weigh in on the possibility of Mount Carmel changing the term of the mayoral office from the current 4 years to 2 years. |
| Municipal Government Intern Job Description Job Description (Created: 2020-07-29; Reviewed: 2021-07-16) A job description to be used by any city or town when creating and recruiting for a municipal government intern. |
| New Officials' Tips General (Created: 2002-06-06; Reviewed: 2021-04-16) MTAS consultants ranked their top fifteen tips for new officials. |
| Nomination for Filling the Vacancy on a City Council Form (Created: 2015-07-13; Reviewed: 2021-07-21) The City of Kingsport requested a nomination form for filling a city council vacancy. |
| Ordinance Adopting the International Building Code Ordinance (Created: 2004-10-08; Reviewed: 2021-04-28) An ordinance of the Town of Mountain City adopting the 2003 edition of the International Building Code. |
| Ordinance Allowing Leashed Dogs on a Particular Section of the Tusculum Linear Trail Ordinance (Created: 2019-04-24; Reviewed: 2021-07-08) The City of Tusculum has developed a Linear Trail Project and has previously prohibited animals of all kinds from being on the trail. This ordinance allows leashed dogs to be on a certain section of the Linear Trail. |
| Ordinance Establishing Compensation for Members of the Board of Mayor and Aldermen Ordinance (Created: 2006-05-01; Reviewed: 2021-05-12) An ordinance of the the Town of Mountain City, Tennessee establishing compensation for the members of the board of mayor and aldermen. |
| Ordinance Establishing Procedures and Requirements for the Carrying of Pagers or Other Electronic Communications Devices Ordinance (Created: 2006-01-26; Reviewed: 2021-04-15) An ordinance and accompanying letter addressing the procedures and requirements for carrying electonic communications devices, including pagers. |
| Ordinance Establishing Robert's Rules of Order Ordinance (Created: 2006-12-14; Reviewed: 2021-07-21) An ordinance establishing Robert's Rules of Order as the official set of procedures for conducting business at meetings of the board of mayor and aldermen. |
| Ordinance Establishing Speed Limits in a Certain Area Ordinance (Created: 2005-08-31; Reviewed: 2020-05-05) An ordinance establishing the speed limit in a certain area and lowering the speed limit on a particular street. |
| Ordinance of the City of Pigeon Forge, Tennessee, Eliminating the Requirement for a Public Hearing When Amending the City's Personnel Policies Ordinance (Created: 2014-04-08; Reviewed: 2021-07-21) It is no longer necessary to hold a public hearing when amending the City's Personnel Policies because amendments can only be changed by the City Commission in a duly called public meeting, and amendments are required in writing through adoption of a resolution or, in some cases, an ordinance. |
| Ordinance of the Town of Baileyton, Tennessee to Adjust Sewer Rates Ordinance (Created: 2019-12-10; Reviewed: 2021-06-23) The Town of Baileyton, Tennessee passed an ordinance to adjust sewer rates. |
| Ordinance of the Town of Sneedville, Tennessee, Prohibiting Heavy Truck Traffic Ordinance (Created: 2010-01-05; Reviewed: 2021-04-15) An ordinance of the Town of Sneedville, Tennessee, prohibiting heavy truck traffic on New Jail Street. |
| Ordinance Prohibiting Animals or Skateboards on the Tusculum Linear Trail Project Ordinance (Created: 2003-07-11; Reviewed: 2021-07-08) An ordinance prohibiting animals or skateboards on a linear trail. |
| Ordinance Prohibiting Heavy Vehicle Traffic on Most Streets Ordinance (Created: 2008-05-15; Reviewed: 2021-04-15) An ordinance prohibiting tractor-trailor or trucks over 10,000 pounds in weight. |
| Ordinance Prohibiting Horses on Public Trails and Sidewalks Ordinance (Created: 2004-10-08; Reviewed: 2021-06-21) An Ordinance of the Town of Mountain City, Tennessee prohibiting horses on public trails and sidewalks within the city. |
| Ordinance Regulating Detached Garages and Other Accessory Structures Ordinance (Created: 2020-10-15; Reviewed: 2021-04-28) A brief ordinance developed by MTAS to address the regulation of detached garages and other accessory structures. |
| Ordinance Regulating False Fire Alarms Ordinance (Created: 2005-01-13; Reviewed: 2021-05-21) An ordinance defining false alarms and providing a schedule of notices, warnings, penalties, and costs. |
| Ordinance Requiring Vehicles to Stop for Pedestrians Who Are Crossing City Streets Where Lined and Marked Pedestrian Crossings Are Indicated Ordinance (Created: 2004-04-13; Reviewed: 2020-05-05) An ordinance requiring vehicles to stop for pedestrians at pedestrian crossings. |
| Ordinance Terminating City-Provided Refuse Collection Services Ordinance (Created: 2015-12-09; Reviewed: 2021-04-15) An ordinance of the City of Tusculum, Tennessee, terminating city-provided refuse collection services. |
| Ordinance to Add New Official Holidays and a Sick Leave Policy for Municipal Employees Ordinance (Created: 2021-10-22; Reviewed: 2021-10-22) A sample ordinance to make Martin Luther King Jr. Day and Christmas Eve official holidays for municipal employees. The ordinance also adds a section to the city personnel policies to provide employees sick leave benefits. |
| Ordinance to Add Sections Regarding Internet, Cyber Security, and Sensitive Information to a Municipal Personnel Policy Ordinance (Created: 2021-04-29; Reviewed: 2021-05-18) This ordinance, created for Cumberland Gap, Tennessee adds internet, cyber security and sensitive information sections to the town's personnel policies and procedures. |
| Ordinance to Amend the Drug and Alcohol Testing Policy of the Town of Bluff City, Tennessee by Adding Sworn Police Officers to the List of Those Who May Be Randomly Tested Ordinance (Created: 2015-05-21; Reviewed: 2021-07-12) MTAS was asked to create an ordinance that adds safety sensitive positions to random drug testing. |
| Ordinance to Control the Operation of Vehicles for Hire in the City of Erwin Ordinance (Created: 2003-08-18; Reviewed: 2021-05-12) An ordinance and permit forms for operating taxicabs. |
| Ordinance to Establish Parking Limits on Designated Streets and at Designated Times Ordinance (Created: 2015-08-12; Reviewed: 2020-05-05) An ordinance to establish parking limits on designated streets at designated times to allow city sanitation vehicles to collect solid waste. |
| Ordinance to Vacate a Part or All of a Street Ordinance (Created: 2004-11-15; Reviewed: 2020-05-05) An ordinance to close all or part of a street. |
| Parking Meters General (Created: 2002-05-21; Reviewed: 2020-05-05) MTAS was asked about the pros and cons of using parking meters in order to control hours of downtown parking. |
| Pittman Center Purchasing Limits Ordinance Ordinance (Created: 2011-08-12; Reviewed: 2021-07-28) An ordinance setting purchasing limits for the Town of Pittman Center. |
| Planning Commission Meeting Procedures General (Created: 2006-03-06; Reviewed: 2021-06-09) MTAS was asked whether discussion may take place at any time, irrespective of the making of a motion. |
| Police Chief Resume Review Process General (Created: 2003-11-24; Reviewed: 2021-07-01) Criteria and a rating sheet for evaluating resumes of police chief candidates. |
| Public Works General Supervisor Job Description (Created: 2003-10-13; Reviewed: 2021-05-14) A job description for the position of General Supervisor in the Public Works Dept. of Bluff City. |
| Purchasing without Bidding from the National Joint Powers Alliance (NJPA) General (Created: 2017-01-20; Reviewed: 2021-07-29) MTAS was asked about purchasing a specialized vehicle, without bidding, from the National Joint Powers Alliance (NJPA). |
| Raising the Number of On-Premise Beer Permits General (Created: 2003-12-05; Reviewed: 2021-07-23) MTAS was asked about the number of on-premise beer permits in Rogersville and if that number can be raised. |
| Rehiring an Employee Who Was Fired General (Created: 2004-07-19; Reviewed: 2021-05-24) MTAS was asked if the Mayor has the authority to rehire an employee who was fired by the previous City Administrator. |
| Report on the Carter County Tomorrow Strategic Planning Sessions Report/Study (Created: 2014-12-12; Reviewed: 2021-06-25) MTAS was asked to facilitate the strategic planning sessions for a joint economic development board. |
| Report on the Greeneville Strategic Planning Retreat Report/Study (Created: 2010-12-16; Reviewed: 2021-07-27) MTAS was asked to assist with a strategic planning retreat that focused on charter changes. |
| Report to the City of Bristol on Methods Used by Cities to Make Appointments to Advisory Boards General (Created: 2016-08-12; Reviewed: 2021-06-28) MTAS was asked to look at the advisory board appointment practices of other cities, in order to improve the process used by Bristol; includes a survey about the appointment practices of fourteen cities. |
| Request for Proposals for Real Estate Broker Services RFP (Created: 2009-10-20; Reviewed: 2021-05-28) Jefferson City is seeking proposals from local real estate brokers/firms to sell real property owned by the city. |
| Request for Qualifications and Costs : Website Development and Maintenance RFP (Created: 2019-01-07; Reviewed: 2021-07-08) The City of Jefferson City, Tennessee is seeking a qualified website vendor to design, implement, and possibly maintain a new City website. Such website should provide ease of access to information about the City and its services, as well as access to resources commonly requested and used by citizens and businesses. |
| Request for Qualifications for City Attorney/Legal Services for the City of Sevierville, Tennessee RFP (Created: 2004-08-03; Reviewed: 2021-07-29) MTAS was asked to write an RFQ for legal services. |
| Resolution Accepting a Bid for Mowing Equipment and Authorizing the Execution of a Lease Agreement Resolution (Created: 2010-08-05; Reviewed: 2021-07-28) A resolution of the City of Pigeon Forge accepting a bid for mowing equipment and authorizing the execution of a lease agreement. |
| Resolution Authorizing and Establishing an Auxiliary Police Program Resolution (Created: 2005-08-31; Reviewed: 2021-07-06) A resolution to adopt guidelines to establish an Auxiliary Police force to supplement the existing Police Department. |
| Resolution Authorizing the Establishment of a Police Department Resolution (Created: 2006-10-02; Reviewed: 2021-07-01) A resolution of the City of Baneberry, Tennessee authorizing the establishment of a police department. |
| Resolution Changing the City's Purchasing Limit Resolution (Created: 2003-03-27; Reviewed: 2021-06-09) A resolution changing the city's purchasing limit. |
| Resolution Enacting a Web Design Work Scholarship Program Resolution (Created: 2005-10-03; Reviewed: 2021-07-16) A resolution to pay students a stipend to work on a city's Web site. |
| Resolution Establishing a Fraud Action Plan for the Town of Mountain City, Tennessee Resolution (Created: 2004-06-22; Reviewed: 2021-06-09) MTAS was asked to develop an anti-fraud policy. |
| Resolution Establishing a Section 125 Cafeteria Plan for Employees Resolution (Created: 2006-01-03; Reviewed: 2021-07-12) A resolution of the Town of Pittman Center, Tennessee, authorizing the establishment of a Section 125 cafeteria plan for employees |
| Resolution Establishing the Use of an Interview Panel Resolution (Created: 2016-01-13; Reviewed: 2021-05-18) A resolution amending the employee handbook personnel rules and regulations for the Town of Pittman Center, Tennessee, regarding the candidate interview panel. |
| Resolution Naming a Veterans Facility Resolution (Created: 2015-02-12; Reviewed: 2021-06-29) MTAS was asked to provide the Town with a resolution naming the Sevier County Veterans Facility in honor of Mr. Dannie Carr. |
| Resolution of the Town of Pittman Center, Tennessee, Designating Signatures for the Issuance of Checks in Accordance with Generally Accepted Accounting Principles Resolution (Created: 2017-01-19; Reviewed: 2021-07-26) This resolution states that all checks issued by the town shall contain the signatures of both the City Administrator and the Mayor. |
| Resolution to Hire Part-time City Manager (General Law Manager-Commission Charter) Resolution (Created: 2020-10-15; Reviewed: 2021-07-16) A sample resolution prepared by MTAS to be used by a board/council for hiring a part-time city manager in a general law manager-commission charter city. |
| Resolution to Permit the Consumption of Alcohol in City Facilities for Certain City-Sponsored Events in the City of Baneberry, Tennessee Resolution (Created: 2019-12-10; Reviewed: 2021-07-27) A resolution to permit the consumption of alcohol in city facilities for certain city-sponsored events in the City of Baneberry, Tennessee |
| Risk Manager Requests Personnel Records General (Created: 2002-09-30; Reviewed: 2021-04-23) The City's Risk Manager would like to review a variety of employee records, indicating that such a review is needed in order to help manage the City's risk. |
| Robert's Rules of Order Workshop General (Created: 2003-04-01; Reviewed: 2021-07-16) MTAS was asked to research, design, and deliver a Robert's Rules of Order workshop for the Council and other advisory board members. |
| Sample Fingerprint Record Notification Form Form (Created: 2018-08-21; Reviewed: 2021-07-16) MTAS created a sample fingerprint record notification form to be used with municipal employees in departments other than law enforcement. The required federal privacy act statement is also included and should be provided along with the notification form. |
| Sample Ordinance to Change Board Meeting Dates Ordinance (Created: 2020-08-21; Reviewed: 2021-06-28) An ordinance that can be used by a city or town to authorize the Board of Mayor and Aldermen to set the date for their regular meetings. |
| Sample Ordinance to Increase Number of Beer Permits Ordinance (Created: 2020-08-21; Reviewed: 2021-07-23) An ordinance for use by a city or town in Tennessee to amend their municipal code by adding additional beer permits. |
| Sample/Draft Unbiased Policing Policy Form (Created: 2015-10-20; Reviewed: 2021-07-02) The purpose of this General Order is to reaffirm this department's commitment to unbiased policing, clarify the circumstances in which race or affiliation can be used as a factor to establish reasonable suspicion or probable cause, and to reinforce procedures that serve to assure the public that we are providing service and enforcing laws in a fair and equitable manner. |
| Selling Police Dog to Handler General (Created: 2001-04-26; Reviewed: 2021-07-02) MTAS was asked about the advisability of selling or giving a police dog to its handler. |
| Sevierville Early Retirement Data Survey (Created: 2004-06-25; Reviewed: 2021-07-15) MTAS conducted a written survey of Tennessee cities to research early retirement programs. |
| Sick Leave Bank General (Created: 2004-02-24; Reviewed: 2021-07-15) Information on creating a sick leave bank with examples from six cities, including forms to be used. |
| Signal Mountain MACC Strategic Plan Report/Study (Created: 2011-07-12; Reviewed: 2021-06-29) MTAS was asked to assist in developing a five-year strategic plan for Mountain Arts Community Center (MACC). |
| Signal Mountain MACC Updated Strategic Plan Report/Study (Created: 2011-09-26; Reviewed: 2021-06-29) After a second meeting with the Mountain Arts Community Center (MACC), goals, objectives, and a mission statement were updated. |
| Sneedville Fire Resolution for Minimum Training Standards for Firefighters Resolution (Created: 2009-12-22; Reviewed: 2021-05-20) A resolution of the board of mayor and aldermen of the Town of Sneedville, Tennessee, adopting minimum training standards for firefighters. |
| Specifications and Bid Document For Recreation Equipment and Installation of Same RFP (Created: 2002-10-14; Reviewed: 2021-07-12) MTAS was asked to provide an RFP for recreation equipment for the Town of Parrottsville. |
| Specifications for a Zero-Turn Rotary Mower RFP (Created: 2003-05-21; Reviewed: 2020-05-11) MTAS was asked to provide specifications for a zero-turn rotary mower. |
| State Traffic Offenses and Rules of the Road Ordinance Ordinance (Created: 2006-08-22; Reviewed: 2020-05-11) An ordinance adopting by reference state traffic offenses and rules of the road, and repealing non-applicable sections of the municipal code. |
| Suggestions for Downtown Parking General (Created: 2002-03-05; Reviewed: 2020-05-11) MTAS was asked to look at the parking situation in downtown Dandridge and come up with some suggestions. |
| Sullivan County, Bluff City, Kingsport (SBK) Animal Services Examination 2016 Report/Study (Created: 2016-03-24; Reviewed: 2021-07-16) MTAS and CTAS conducted this study to determine whether the SBK model, a combined multi-city and county cooperative animal services function, is working, to make recommendations for improvement, and to determine whether current facilities are adequate. The study includes some national standards information and a methodology for comparing an animal shelter to those and other standards. |
| Sullivan County/Kingsport Animal Services Study Report/Study (Created: 2009-04-07; Reviewed: 2021-07-16) MTAS and CTAS were asked to jointly study animal shelter and animal control services in Kingsport, Sullivan County, and two additional cities within the county. |
| Summary of a Classification/Compensation Plan General (Created: 2016-02-17; Reviewed: 2021-06-02) MTAS was asked to provide a summary description of a classification/compensation plan. |
| Time Limit for Dumpster on Residential Property Ordinance (Created: 2017-10-05; Reviewed: 2021-05-28) An ordinance of the Town of Bulls Gap, Tennessee adding a new section to Title 13 of the Bulls Gap Municipal Code limiting the time a dumpster can be kept on residential property. |
| Town of Erwin Job Description Parks and Recreation Supervisor Job Description (Created: 2019-04-23; Reviewed: 2021-07-12) A job description written for the Town of Erwin's Director of Parks and Recreation Supervisor. This employee is responsible for the maintenance of municipal parks. At times the position is reassigned by the Public Works Director to alternate responsibilities, including assistance with street repair and maintenance. The employee is given general instructions for the completion of work, and independent judgement may occasionally be required to complete tasks. The employee trains and supervises the work of subordinate personnel. |
| Town of Erwin parks and recreation works laborer and equipment operator job description Job Description (Created: 2018-03-09; Reviewed: 2021-07-12) A sample job description from the Town of Erwin, Tennessee for a parks and recreation laborer and equipment operator. |
| Town of Mount Carmel Certified Municipal Finance Officer Job Description Job Description (Created: 2020-06-02; Reviewed: 2021-07-29) Job description for the position of Certified Municipal Finance Officer for the Town of Mount Carmel, Tennessee. |
| Town of New Market Policy on the Use of Fuel Cards General (Created: 2017-07-19; Reviewed: 2021-07-29) This policy is established in order to provide direction on fuel expenses incurred by Town employees on Town business. |
| Use of City Vehicles General (Created: 2008-05-29; Reviewed: 2021-07-15) An example of an amendment to the personnel policies to include the use of city vehicles. |
| Utilities Crew Chief Job Description (Created: 2003-08-18; Reviewed: 2021-06-03) A job description for the position of Utilities Crew Chief for the city of Dandridge. |
| Vicious Dog Ordinance Ordinance (Created: 2009-05-13; Reviewed: 2021-07-27) An ordinance of the Town of Baileyton adopting vicious dog regulations. |
| Volunteer Fire Department Ordinance Ordinance (Created: 2003-06-10; Reviewed: 2021-05-21) An ordinance recognizing the Pittman Center Volunteer Fire Department as the official fire department for the Town of Pittman Center, Tennessee. |
| Wholesale Liquor Inspection Fee General (Created: 2014-11-26; Reviewed: 2021-07-27) A city asked about the wholesale liquor inspection fee and the amounts levied by cities of similar size. |
| Zoning Restrictions Applied to Pain Clinics General (Created: 2012-02-07; Reviewed: 2012-02-23) MTAS was asked whether pain clinics can be excluded from a community. |
| Evaluating an RFP/RFQ for Consulting Services Form (Created: 2015-08-31; Reviewed: 2021-07-29) This RFP evaluation scoresheet is a template that can be modified for projects other than selecting consulting services. |
| Protective Clothing: Selection, Care and Maintenance [Sample Policy from Helotes, TX Fire Department] General (Created: 2018-04-10; Reviewed: 2021-07-23) A sample procedure from the Helotes, TX Fire Department for the selection care and maintenance of protective clothing for fire services. Material is used with permission of Fire Chief Scott Moreland, Helotes, TX. |
| Abolishing the City School System Legal Opinion (Created: 2007-04-25; Reviewed: 2021-07-08) MTAS was asked how the city school system can be abolished. |
| Acceptance of Gifts Legal Opinion (Created: 2007-02-27; Reviewed: 2021-04-30) MTAS was asked how cities accept and refuse gifts. |
| Accepting the Second Lowest Bid on a Construction Project Legal Opinion (Created: 2006-07-12; Reviewed: 2020-05-13) MTAS was asked whether the city can reject the low bid and accept the second lowest bid on a certain construction project. |
| Achieving a Quorum at a City Council Meeting at Which the Resignations of Aldermen are Accepted Legal Opinion (Created: 1997-08-14; Reviewed: 2021-07-20) MTAS was asked several questions about achieving a quorum at the meeting at which the resignations of aldermen are accepted. |
| Acquiring a Utility District Legal Opinion (Created: 2001-10-22; Reviewed: 2021-04-23) MTAS was asked how a municipality can acquire a utility district. |
| Addition of Documents to the Minutes of the Commission Legal Opinion (Created: 1996-03-13; Reviewed: 2021-07-20) MTAS was asked whether a commissioner, without the approval of the city commission, can add printed or written material to the minutes of the commission. |
| Administrative Powers of the Mayor Legal Opinion (Created: 2009-11-13; Reviewed: 2021-06-14) MTAS was asked whether the mayor can temporarily move personnel from the parks and recreation department to the public works department without the prior approval of the board of mayor and aldermen. |
| Advertising on Police Cars Legal Opinion (Created: 2002-11-12; Reviewed: 2021-05-12) MTAS was asked whether the city can sell advertising on city police cars. |
| Advisory Committees and the Open Meetings Law Legal Opinion (Created: 2009-07-21; Reviewed: 2021-07-20) MTAS was asked whether persons or committees appointed by the city manager to advise him fall under the Open Meetings Law. |
| Age Limit on Mobile Homes Legal Opinion (Created: 2009-08-18; Reviewed: 2021-07-29) MTAS was asked whether it is legal to restrict the mobile homes that come into the city to a certain age. |
| Alcoholic Beverages Sold Near Residential Property Legal Opinion (Created: 2001-07-06; Reviewed: 2021-08-19) MTAS was asked if an unoccupied house qualifies as residential property related to the sale of beer within 300 feet of the building. |
| Aldermen Decline to Accept Salary and Then Demand Payment of Salary Legal Opinion (Created: 2010-11-15; Reviewed: 2021-07-20) MTAS was asked whether the aldermen of the city can decline to accept the salary prescribed for them by the municipal code and then subsequently demand the payment of that salary. |
| Analysis of the Lien Provisions of TCA Legal Opinion (Created: 2007-03-01; Reviewed: 2021-07-27) MTAS was asked whether the city or county can refuse to accept tax payments or payments on delinquent property taxes, if liens it has against the property are not paid at the same time. |
| Annexation Questions Pertaining to Notice Provisions Related to School Systems and Recording Minutes Legal Opinion (Created: 2006-11-06; Reviewed: 2021-04-15) TCA requires 30 days notice to the county school system in advance of the public hearing on the plan of services; the Open Meetings Law requires a record of the persons present. |
| Applicant for Beer Permit at Site in Proximity to Church Legal Opinion (Created: 1996-04-03; Reviewed: 2021-04-23) MTAS was asked this question: Where a church located itself within 300 feet of an establishment selling beer and that establishment subsequently went out of business, is an applicant for a beer permit at the same establishment entitled to the permit. |
| Applying City Zoning and Building Code Regulations to County Buildings Legal Opinion (Created: 1994-06-24; Reviewed: 2021-05-07) MTAS was asked whether the City can apply its zoning and building code regulations, including that requirement that the county obtain a building permit and pay building permit fees, to county buildings. |
| Appointment of the Mayor by Board of Commissioners by Secret Ballot Legal Opinion (Created: 1993-04-05; Reviewed: 2021-07-20) MTAS was asked whether the appointment of the mayor by board of commissioners can be made by secret ballot. |
| At Will Employees Legal Opinion (Created: 2009-08-20; Reviewed: 2021-07-20) MTAS was asked whether city employees were at will employees or had a property right in their employment under the city's personnel policy. |
| Attempting to Block the School System from Building Ball Fields on the Theory That They Would Be a Nuisance Legal Opinion (Created: 2011-12-09; Reviewed: 2021-05-05) MTAS was asked whether the County School Board is subject to the city's zoning ordinance with respect to the baseball/softball field it wishes to build on school property. |
| Authority of City to Levy Whatever Tax Rate It Considers Necessary to Fund Municipal Purposes Legal Opinion (Created: 1999-01-12; Reviewed: 2021-04-30) MTAS was asked whether the city can levy a property tax above $1.75 when the city's charter limits the levy to that amount. |
| Authority of City to Prohibit Ticket Sales Along City Streets Leading to Speedway Legal Opinion (Created: 1998-01-14; Reviewed: 2020-04-21) MTAS was asked whether the city can prohibit the 'scalping' of tickets on city streets. |
| Authority of City to Prohibit Volunteer Firement From Running Red Lights and Using Sirens Legal Opinion (Created: 1995-07-31; Reviewed: 2021-06-28) MTAS was asked whether the city has the authority to prohibit volunteer firemen from using sirens on their automobiles and from running red lights and violating other traffic laws during the course of responding to fire calls. |
| Authority of the City Court to Impose Fines Legal Opinion (Created: 2012-03-27; Reviewed: 2021-07-26) MTAS was asked to analyze several questions related to the authority of the municipal court to impose fines. |
| Beer Permits, Workers Compensation, and Street Damage Caused by Trucks Legal Opinion (Created: 1994-03-07; Reviewed: 2020-04-21) MTAS was asked a distance regulation question for a beer permit, whether it is the city's responsibility to insure that a contractor has workers' compensation prior to issuing a building permit, and whether cities can recover damages to streets from truck owners and operators. |
| Board of Mayor and Aldermen Has the Power to Correct the Minutes Legal Opinion (Created: 2002-07-23; Reviewed: 2021-07-20) MTAS was asked whether it is within the authority of the board of mayor and aldermen to delete from the recorder's minutes certain language before the board adopts the minutes. |
| Board of Zoning Appeals Grants Variances for Mobile Homes That It Does Not Have Authority to Grant Legal Opinion (Created: 1995-05-29; Reviewed: 2021-04-28) MTAS was asked what recourse the city has when the board of zoning appeals grants variances for mobile homes that it does not have authority to grant. |
| Bond Resolution Repeal Legal Opinion (Created: 2001-10-24; Reviewed: 2021-04-22) Right of the city to repeal bond resolution following the filing of petition for an election on the bonds but before the election is held. |
| Brown-Bagging Regulations Legal Opinion (Created: 2002-04-15; Reviewed: 2021-07-15) MTAS was asked where the city has no brown bagging regulations can a restaurant that does not hold a beer license allow brown bagging. |
| Building Permit Issued by Mistake Legal Opinion (Created: 2001-03-19; Reviewed: 2021-04-28) MTAS was asked if a building permit, issued because of a mistake in a zoning map, may be revoked. |
| Burying Bodies in the Backyard Legal Opinion (Created: 2009-09-25; Reviewed: 2021-07-21) MTAS was asked whether a person who has died and wanted to be buried in his backyard (in the city) can actually be buried there. |
| Can Cities Surrender Their Zoning Powers by Interlocal Agreement? Legal Opinion (Created: 2006-09-18; Reviewed: 2021-05-05) MTAS was asked whether cities can surrender their zoning powers by interlocal agreement under Public Chapter 1101. |
| Can the City Attorney Also Serve as the City Judge? Legal Opinion (Created: 1993-05-06; Reviewed: 2021-07-30) MTAS was asked whether the city attorney can also serve as the city judge. |
| Can the City Enact Term Limits on Aldermen by Ordinance? Legal Opinion (Created: 1994-09-13; Reviewed: 2021-06-25) MTAS was asked whether the City can enact term limits on aldermen by ordinance. |
| Can the County Sheriff Increase the Cost of Housing Prisoners Arrested by the City? Legal Opinion (Created: 1996-04-01; Reviewed: 2021-07-01) MTAS was asked whether the county sheriff can, on his own initiative, increase the cost of housing prisoners arrested by the city for the violation of state law or municipal ordinances. |
| Chancery Court Judge Legal Opinion (Created: 2002-05-20; Reviewed: 2021-07-25) MTAS was asked whether the city attorney can hold the position of chancery court judge. |
| Changing an Employee's Employment Status Legal Opinion (Created: 2009-05-22; Reviewed: 2021-04-23) MTAS analyzed several questions related to legal implications associated with changing a certain employee's employment status. |
| Changing the Agenda of a Special Meeting During the Meeting Legal Opinion (Created: 2006-11-09; Reviewed: 2021-07-07) MTAS was asked whether the city council can change the agenda of a special meeting during the meeting. |
| Charging Non-Users a Garbage Collection Fee and Requiring Garbage Collection Recipients to Use Only the City Garbage Collection Service Legal Opinion (Created: 1993-09-16; Reviewed: 2021-04-09) MTAS was asked whether the city can charge garbage collection service recipients a garbage collection fee even if they do not use the service and whether the city can require garbage collection recipients to use only city garbage collection service. |
| Charter Provision Requires Mayor to Sign Warrants But Is Silent as to Checks Legal Opinion (Created: 2000-01-11; Reviewed: 2021-07-19) MTAS was asked whether a 'warrant' is the same as a check for the purposes of a charter provision requiring the mayor to sign warrants, but is silent as to checks. |
| Chief of Police Insists He Is Entitled to a Leave of Absence to Run for Office Legal Opinion (Created: 1998-01-13; Reviewed: 2021-06-17) MTAS was asked whether the city is legally required to give the chief of police a leave of absence to run for office of sheriff of the county. |
| City and Developer Enter Agreement to Provide Sewer Extensions and Recover Cost Through Sewer Tap Fees Legal Opinion (Created: 1999-02-01; Reviewed: 2021-04-26) 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. |
| City as a Landlord Pending the Termination of Leases Legal Opinion (Created: 1996-01-23; Reviewed: 2021-06-17) MTAS was asked whether the city can be a landlord pending the termination of leases on certain land it is considering buying in the vicinity of the glide path for the airport. |
| City Assumes Operation of the Presently Quasi-Independent Utility Board Legal Opinion (Created: 2010-05-26; Reviewed: 2021-04-22) MTAS was asked several questions related to how a city assumes operation of the presently quasi-independent utility board. |
| City Charter Signatures Legal Opinion (Created: 2001-09-25; Reviewed: 2021-06-18) MTAS was asked if signatures on a charter are directory or mandatory. |
| City Constructs Its Own Building and Uses Volunteer Labor Legal Opinion (Created: 1995-09-06; Reviewed: 2021-05-14) MTAS was asked what the legal implications are of the city building a fire hall, partly with volunteer labor, and partly through subcontracting out particular jobs. |
| City Contract with Unlicensed Contractor Legal Opinion (Created: 2001-08-01; Reviewed: 2021-05-04) MTAS was asked where a city has let a bid on a certain construction project (resurfacing a tennis court), the project is in progress, the contractor notifies the city that his contractor's license has been suspended and offers to reduce the cost of the project to less than $25,000, can the city legally accept his offer. |
| City Court Clerk Legal Opinion (Created: 2001-02-15; Reviewed: 2021-07-27) MTAS was asked whether the city has the right to make the city court clerk's position an appointive one. |
| City Issues a Building Permit for a Project Which Causes a Drainage Problem Legal Opinion (Created: 1996-12-17; Reviewed: 2020-04-21) MTAS was asked whether the city is liable when it issues a building permit when the project to which the building permit pertains causes a drainage problem. |
| City Judge Issuing State Warrant and Admissibility of Video Tape in DUI case Legal Opinion (Created: 1993-02-18; Reviewed: 2021-07-20) MTAS was asked whether the city judge (who has concurrent jurisdiction) can issue a state warrant for a person who passes a school bus, upon the affidavit of the school bus driver, who doesn't know who was driving the car and whether a video tape of persons arrested for DUI is admissible at trial of the defendant. |
| City Judge Signing a Search Warrant in a State Case Legal Opinion (Created: 2004-01-07; Reviewed: 2021-07-27) MTAS was asked whether a city judge can sign a search warrant in a state case, where the judge does not exercise concurrent jurisdiction. |
| City Judges' Terms of Office Legal Opinion (Created: 2000-08-17; Reviewed: 2021-07-27) MTAS was asked whether the city judge could refrain from taking office until eight months after the election. |
| City Manager Appointing Commissioner to Chief of Police Position Legal Opinion (Created: 2007-11-06; Reviewed: 2021-06-28) 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. |
| City Manager Employment Agreements and Severance Pay Legal Opinion (Created: 1997-04-10; Reviewed: 2021-06-25) MTAS was asked what the former city manager's rights to severance pay are under the contract. |
| City Manager's Authority Over Personnel Administration Legal Opinion (Created: 1996-10-04; Reviewed: 2021-04-26) MTAS was asked whether the city council has the authority to require the city manager to 'hire back' a fireman who resigned, ostensibly on the grounds that the city manager refused to permit him to 'moonlight' as a building inspector for a city when he was already moonlighting as a building inspector for the county. |
| City Recorder Serving as Vice-Mayor in the Absence of the Mayor Legal Opinion (Created: 2001-09-14; Reviewed: 2021-07-09) MTAS was asked about (1) the calculation of a quorum when the recorder is the vice-mayor; (2) functions of the vice-mayor in the absence of the mayor; (3) when is the mayor "absent"? |
| City Recorders Serving as Court Clerks Legal Opinion (Created: 2004-10-08; Reviewed: 2021-07-09) MTAS was asked whether the city recorders can also be the court clerks in two cities. |
| City Treasurer Duties and Compensation Legal Opinion (Created: 2000-10-04; Reviewed: 2021-06-17) Questions regarding 1) the city treasurer receiving a pay raise during the term in office and 2) combining the offices of city treasurer and purchasing agent. |
| City Wishes to Prohibit Double Wide Mobile Homes Legal Opinion (Created: 1993-06-21; Reviewed: 2021-07-25) MTAS was asked whether a city could write any ordinance that would permit the city to prohibit double wides. |
| City's Gas System Contributing Revenues for the Repair of the City's Streets Legal Opinion (Created: 1996-08-21; Reviewed: 2021-04-22) MTAS was asked whether the city's gas system can contribute revenues for the repair of the city's streets. |
| City's Purchase of Automotive Repairs Legal Opinion (Created: 1999-07-13; Reviewed: 2021-07-02) MTAS was asked whether the city's purchase of automotive repairs is a professional service exempt from competitive bidding required by the Municipal Purchasing Law and the city's competitive bidding policies. |
| City's Share of the State Beer Tax Legal Opinion (Created: 1997-08-15; Reviewed: 2021-07-15) MTAS was asked whether a city can prohibit the sale of beer and if that decision would jeopardize the city's share of the state beer tax. |
| Classifying Employees in Labor and Management Categories Legal Opinion (Created: 1991-05-27; Reviewed: 2021-04-23) MTAS was asked for assistance in classifying employees in labor and management categories. |
| Closed Meetings with City Attorney Legal Opinion (Created: 2007-03-30; Reviewed: 2021-04-15) MTAS was asked whether the city's governing body can meet with its attorney to discuss pending litigation without first holding a regular or special meeting that complies with the notice requirements of the Open Meetings Law. |
| Code Enforcement Officers Legal Opinion (Created: 2005-03-04; Reviewed: 2021-04-20) MTAS was asked whether persons who have the authority to issue ordinance citations and summonses are "police officers" within the meaning of the state law governing the appointment and training of police officers. |
| Code Enforcement on Buildings Partially Within City Legal Opinion (Created: 1996-09-11; Reviewed: 2021-05-04) Where a building is located partially in the city and partially in the county, does the city's building permit and inspection system apply to the entire building? |
| Collection of Costs Related to Solid Waste Legal Opinion (Created: 2009-03-19; Reviewed: 2021-05-28) MTAS was asked whether a private act city could bill cost of solid waste regulation, collection and disposal under provision in TCA 67-5-103(c) that authorizes such costs collected as special assessment to property owner as provided in general law mayor aldermanic charter. That question lead to several other questions regarding the collection of costs related to solid waste regulation, collection and disposal by taxes, user fees, special assessment to property owner, and other charges, as provided by all three general law charters. |
| Collection of Fines and Costs While Decision is on Appeal Legal Opinion (Created: 1993-08-02; Reviewed: 2021-06-21) MTAS was asked what action the city can take against a pallet manufacturer who is in violation of the fire code. |
| Collection of Municipal Court Costs Legal Opinion (Created: 2001-09-20; Reviewed: 2021-07-27) MTAS was asked how a municipal court can collect fines. |
| College Student Voter Registration Legal Opinion (Created: 2002-02-21; Reviewed: 2021-07-07) Analyzes law governing the conditions under which students in colleges in Tennessee can register to vote in cities in the locations of their colleges. |
| Compensation and Health Insurance for City Boards and Commissions Legal Opinion (Created: 2009-11-10; Reviewed: 2021-04-23) MTAS analyzed questions relating to compensation for various officials and for the provision of (and elimination of) health insurance to the city's officers and employees. |
| Compensation of Police Officers Legal Opinion (Created: 1997-10-29; Reviewed: 2021-05-07) MTAS was asked whether the ten minutes during which police officers attend mandatory roll-call can be calculated for the purposes of overtime compensation and what, if any, is the rate of compensation due non-exempt police officers for work between 160 and 171 hours when their work period is 28 days, and their regular schedule during that work period is 160 hours. |
| Compensation of the City Recorder Legal Opinion (Created: 2005-10-18; Reviewed: 2021-06-25) MTAS was asked whether the city recorder is entitled under Tennessee Law to compensation based on the collection of property taxes. |
| Conditions of the Deed Abandoning the Street Legal Opinion (Created: 1993-10-29; Reviewed: 2020-04-22) MTAS was asked whether the city can attach conditions to the abandonment of the street. |
| Conditions Under Which the City Can Give Local Preference on Bids Legal Opinion (Created: 2004-05-05; Reviewed: 2021-07-29) MTAS was asked whether it is lawful for the city to base the award of competitive bids on the preference for local contractors or providers of goods and services. |
| Conflict of Interest Provision in City Charter Legal Opinion (Created: 2009-11-30; Reviewed: 2021-06-21) MTAS was asked whether the city charter could have a conflict of interest provision stronger than Tennessee's two conflicts of interest laws. |
| Constitutionality of Changes to Home Rule City Charters Legal Opinion (Created: 2001-01-04; Reviewed: 2021-06-18) MTAS was asked whether the changes to a City's home rule city charter, which are the product of a referendum by initiative of the voters, legal. |
| Construction and Garage Sales on Sundays Legal Opinion (Created: 2006-02-01; Reviewed: 2021-07-25) MTAS was asked whether a city could prohibit or limit the hours of construction and of garage sales on Sunday. |
| Construction Without a Building Permit Legal Opinion (Created: 2008-02-11; Reviewed: 2021-04-20) MTAS was asked whether a certain building within the city was legally constructed, and if the answer was no, what legal remedies were available to the city. |
| Contract Between City and Alderman Legal Opinion (Created: 2009-02-06; Reviewed: 2021-06-21) MTAS was asked about the application of Tennessee's Conflicts of Interest Law and the doctrine of Common Law Conflicts to an Alderman's contract with the City. |
| Contract for the County to Maintain the City's Streets in Exchange for Payment Legal Opinion (Created: 1990-10-12; Reviewed: 2020-04-22) MTAS was asked whether the county and the city have the legal right to enter into the contract for the former to maintain the latter's streets in exchange for payment for such maintenance. |
| Contract Law Legal Opinion (Created: 1995-06-14; Reviewed: 2021-07-25) MTAS was asked whether the board of mayor and aldermen can compel the mayor to sign a certain "contract." |
| Contract on the Part of the Utility District to Install Sewer Service Legal Opinion (Created: 1997-10-30; Reviewed: 2021-04-22) MTAS was asked whether a letter from a certain engineering firm constitutes a contract on the part of the utility district to install sewer service. |
| Contract to Contribute to the National Guard Armory Legal Opinion (Created: 2004-02-20; Reviewed: 2021-04-22) MTAS was asked whether the city was liable on a contract to contribute to the national guard armory. |
| Contractors Licensing Law and Its Application (Part 1) Legal Opinion (Created: 1992-11-13; Reviewed: 2021-05-28) MTAS was asked whether the city building inspector should issue a building permit for the construction of a certain restaurant in the city. This opinion is followed up by an additional opinion issued by the author on November 18, 1992 in response to additional questions from the client. |
| Contractors Licensing Law and Its Application (Part 2) Legal Opinion (Created: 1992-11-18; Reviewed: 2021-05-28) MTAS was asked to clarify the contractors licensing law. This opinion was issued as a follow up to the opinion issued on November 13, 1992 in response to additional questions on the topic from the client. |
| Counting Meal Time for Firefighters Towards Overtime Pay Legal Opinion (Created: 2007-06-01; Reviewed: 2021-06-15) MTAS was asked about meal periods for firefighters who work shifts of less than 24 hours. |
| County Disadvantaged Business Enterprise Utilization Guidelines Legal Opinion (Created: 2001-06-21; Reviewed: 2021-06-18) MTAS was asked to evaluate the County Disadvantaged Business Enterprise Utilization Guidelines. |
| County Taxing Rental Property Owned by the Utility District Legal Opinion (Created: 1996-01-26; Reviewed: 2021-07-20) MTAS was asked whether the county can tax rental property owned by the utility district. |
| County Zoning Ordinances and Expansion of Pre-existing Non-conforming Uses to Adjacent Land Legal Opinion (Created: 2001-08-16; Reviewed: 2021-04-28) MTAS was asked whether a county zoning ordinance can permit the expansion of pre-existing non-conforming uses to adjacent land |
| Creation of An Additional Municipal Court Judge Legal Opinion (Created: 2006-02-27; Reviewed: 2021-07-27) MTAS was asked whether an amendment to the city's charter will be required if the city wishes to appoint another city judge with the jurisdiction to hear only municipal ordinance violation cases. |
| Creation of Special Relationships between a Citizen and Police Officers Legal Opinion (Created: 2012-07-05; Reviewed: 2021-05-12) MTAS was asked to analyze the question of what is required for a "special relationship" to be established between a citizen and police officers, in the context of the question of whether a police department's agreement to do a neighborhood drive-through check of a homeowner's property in a neighborhood in which recent crime has occurred creates a "special relationship." |
| Dedication and Acceptance of Sidewalks Legal Opinion (Created: 2002-10-31; Reviewed: 2020-07-06) MTAS was asked to analyze the law governing the dedication and acceptance of sidewalks. |
| Deferring Property Taxes Legal Opinion (Created: 2000-07-21; Reviewed: 2021-07-21) MTAS was asked whether it is legal for the city to defer taxes on property annexed into the city but not yet receiving all city services. |
| Delinquent Property Taxes Legal Opinion (Created: 2002-01-09; Reviewed: 2021-06-21) Analyzes law governing right of city to waiver penalty and interest on property taxes. |
| Demolition Bond in a Historic District Legal Opinion (Created: 2001-02-12; Reviewed: 2021-04-29) MTAS was asked whether it is legal for the city to require a bond to secure the demolition of a building within the historic overlay. |
| Demolition of Dilapidated and Unsafe Buildings Legal Opinion (Created: 1998-01-20; Reviewed: 2021-04-20) MTAS was asked whether there is any legal way to require the local Farmer's Coop to demolish a large cattle feeding bin on its property. |
| Denying a Business License to a Person Whose Business Establishment is in Violation of the City's Zoning Ordinance Legal Opinion (Created: 1996-02-08; Reviewed: 2021-06-18) MTAS was asked whether the city can deny a business license to a person whose business establishment is in violation of the city's zoning ordinance. |
| Design-Build Contracts Legal Opinion (Created: 2002-01-25; Reviewed: 2021-08-19) MTAS was asked about the legal authority of municipalities to let design-build contracts. |
| Differential Tax Rates and Questions from the Charter Commission Legal Opinion (Created: 1996-01-17; Reviewed: 2021-07-08) MTAS was asked whether differential tax rates within taxing districts and special services districts authorized under the Charter Government Unification Act would violate the Tennessee Constitution and several other questions by the Charter Commission. |
| Disposition of Unclaimed, Lost, or Abandoned Personal Property in Possession of Police Department Legal Opinion (Created: 1996-12-17; Reviewed: 2021-07-03) MTAS was asked what disposition a city can make of unclaimed, lost, or abandoned personal property in the possession of the police department, such as, but not limited to, money, bicycles, automobiles, etc. |
| Dissolution of Airport Authority Legal Opinion (Created: 2005-06-16; Reviewed: 2021-06-18) MTAS was asked whether a city could abolish the airport authority that it created. |
| Distribution of Authority Over City School System Legal Opinion (Created: 2007-02-13; Reviewed: 2021-07-15) MTAS was asked questions related to the city school system, particularly with respect to the distribution of authority over the system between the city governing body and city school board. Questions related to charging tuition and closing school buildings. |
| Does the City Have to Operate a City Court? Legal Opinion (Created: 1994-02-16; Reviewed: 2021-07-27) MTAS was asked whether the City has to operate a city court. |
| Does the Tennessee Open Records Law Require a City to Mail Any Record to a Newspaper? Legal Opinion (Created: 1999-02-10; Reviewed: 2021-07-06) MTAS was asked whether the city is required under the Tennessee Open Records Law to mail to a newspaper information packets it provides to the Board of Mayor and Aldermen, or any other city records. |
| Drainage Problems of Private Property Owners Legal Opinion (Created: 2003-06-03; Reviewed: 2020-07-08) MTAS was asked to analyze the law relative to drainage problems with respect to private property owners. |
| E-mail and Open Records Law Legal Opinion (Created: 2001-09-05; Reviewed: 2021-07-20) MTAS was asked whether the Tennessee Public Records Law applies to e-mail sent by a city official. |
| Effect of the Mayor's Veto Legal Opinion (Created: 2002-08-27; Reviewed: 2021-07-07) MTAS was asked to analyze the law governing the mayor's veto power. |
| Election of Municipal Court Clerk Legal Opinion (Created: 1992-12-28; Reviewed: 2021-07-27) MTAS was asked whether Barrett requires the clerk of a municipal court exercising concurrent jurisdiction to be elected. |
| Election of Municipal Judges with Concurrent General Sessions Jurisdiction Legal Opinion (Created: 1998-11-18; Reviewed: 2021-07-27) MTAS was asked whether the City can provide for the election of the city judge in the April city election. |
| Employees Subject to Summary Dismissal by the Mayor Legal Opinion (Created: 2005-02-15; Reviewed: 2021-04-28) MTAS was asked which among certain personnel in the city occupy at will positions of employment subject to summary termination by the mayor. |
| Entitlement of the City to In Lieu of Taxes from an Electric System Legal Opinion (Created: 1995-06-06; Reviewed: 2021-07-01) MTAS was asked whether the city is entitled to in lieu of taxes from an electric system with respect to the system's property in the city. |
| Establishment of a City Environmental Court Legal Opinion (Created: 2009-06-24; Reviewed: 2021-07-27) MTAS was asked about the establishment of an environmental court in the city and the organizational implications such a court would have on the existing city court. |
| Exotic Animals Law in Tennessee Legal Opinion (Created: 2001-10-08; Reviewed: 2021-07-16) MTAS was asked if Tennessee has an exotic animals law and if private property owners are prohibited from keeping pythons. |
| Extraterritorial Arrests Legal Opinion (Created: 2011-06-14; Reviewed: 2021-05-12) MTAS was asked under what authority police officers have the right to arrest and pursue defendants outside the territorial limits of the city. |
| Failure of the Local Government to Substantially Comply with the Public Hearing Notice Legal Opinion (Created: 1998-09-28; Reviewed: 2021-05-05) MTAS was asked whether the failure of the local government to substantially comply with the public hearing notice and other procedural requirements prescribed by the state law is jurisdictional rather than directory. |
| Filling Vacancies in the City's School Board Legal Opinion (Created: 2006-07-25; Reviewed: 2021-07-16) MTAS was asked whether the school board chairman's appointment to fill the vacancy on the school board was legal. |
| Form of Petition for Liquor Sales Legal Opinion (Created: 2006-09-12; Reviewed: 2021-07-16) MTAS was asked for a form of petition for package liquor sales and liquor-by-the-drink sales. |
| Function and Duties of a Home Rule Charter Commission Legal Opinion (Created: 2008-10-07; Reviewed: 2021-06-18) Basic introduction of charter commission candidates to the functions and duties of the charter commission. |
| General Sessions Judge Serving as the City Judge for Additional Compensation Legal Opinion (Created: 1993-10-25; Reviewed: 2021-07-27) MTAS was asked whether the general sessions judge can serve as the city judge for a salary in addition to his general sessions judge salary. |
| Giving or Selling City Property to a Private Cemetery Association Legal Opinion (Created: 2007-04-25; Reviewed: 2021-07-27) MTAS was asked whether the city can give to a private nonprofit cemetery organization, property to be used as a cemetery. |
| Grandfathering Fireworks Stands Annexed into the City Legal Opinion (Created: 1994-11-14; Reviewed: 2021-07-16) MTAS was asked whether a city can "grandfather" fireworks stands annexed into the city? |
| Gratuitous Payment for Increased Price of Gasoline Under Garbage Collection Contract Legal Opinion (Created: 2006-03-20; Reviewed: 2021-05-27) MTAS was asked whether a city can compensate a contractor for the increased price of gasoline it has taken for the contractor to perform a contract for the city. |
| Grievance Hearings and Rights of At Will Employees Legal Opinion (Created: 2011-11-21; Reviewed: 2021-05-18) MTAS was asked what rights at will employees have to a grievance hearing on adverse employment actions, and what right such employees have to be represented by counsel. |
| Guidelines Governing Municipal Truck Regulations Legal Opinion (Created: 1998-01-21; Reviewed: 2020-10-07) MTAS was asked whether the city can amend its truck weight ordinance to prohibit through truck traffic from using Road A to Road B inside the city, and exempt from the ordinance trucks leaving the landfill, delivery and pick-ups at a certain business. |
| Handicapped Parking at City Parking Meters Legal Opinion (Created: 2007-12-07; Reviewed: 2020-05-01) MTAS was asked whether TCA permits disabled and handicapped persons who display the appropriate license plate and/or placard to park in handicapped parking spaces beyond the time limits prescribed by a city ordinance for the parking space. |
| Hiring a City Manager When There is No Provision for Such a Position in the Charter Legal Opinion (Created: 2003-08-19; Reviewed: 2021-05-12) MTAS was asked whether a city can hire a city manager when there is no provision in the charter for such an officer or employee. |
| Implied Dedication of an Alley Legal Opinion (Created: 1994-01-27; Reviewed: 2020-10-07) MTAS was asked whether a certain alley is a city street. |
| Imposing Property Maintenance Regulations Through a Zoning Ordinance Legal Opinion (Created: 2004-04-13; Reviewed: 2021-04-28) MTAS was asked whether a municipality can impose property maintenance regulations through its zoning ordinance. |
| Incompetency as a Ground for Dismissal Without the Support of a Job Description Legal Opinion (Created: 1994-10-19; Reviewed: 2021-07-29) 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: 1998-05-06; Reviewed: 2021-07-27) MTAS was asked several questions about increasing the salary of the city judge. |
| Interest Earned on Utility Deposit Legal Opinion (Created: 2006-01-17; Reviewed: 2021-04-23) 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: 2010-11-03; Reviewed: 2020-10-07) 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: 2006-03-22; Reviewed: 2021-06-09) 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 Taking the Oath of Office Mandatory? Legal Opinion (Created: 2006-06-26; Reviewed: 2021-06-09) 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. |
| Jurisdiction of Juvenile Court Judge and Skateboarding as a Traffic Violation Legal Opinion (Created: 2006-03-10; Reviewed: 2021-07-27) 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: 2003-11-26; Reviewed: 2021-07-28) MTAS was asked whether jury trials may be held by the Muncipal Court. |
| Keeping the Proceeds of Utility Overbillings Legal Opinion (Created: 1997-12-18; Reviewed: 2021-04-23) 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: 2008-12-15; Reviewed: 2021-07-19) 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: 2009-09-24; Reviewed: 2021-05-07) 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: 2008-04-18; Reviewed: 2021-07-20) 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: 2008-07-25; Reviewed: 2021-06-09) 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: 2006-08-17; Reviewed: 2021-07-27) 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: 2009-05-13; Reviewed: 2020-10-07) 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: 2002-09-09; Reviewed: 2021-05-07) 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: 2003-03-21; Reviewed: 2021-05-24) 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: 1994-07-26; Reviewed: 2021-05-27) MTAS was asked whether it is necessary for a licensed architect or engineer to draft the plans for a new fire hall. |
| Legality of a Business Owner to Put Iron Rods on the Edge of a Highway Legal Opinion (Created: 2011-07-18; Reviewed: 2020-10-07) 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 Contract Legal Opinion (Created: 2011-04-27; Reviewed: 2021-07-29) 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: 1990-12-07; Reviewed: 2021-05-04) 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 City Contracting with Utility District Water System to Collect City's Sewer Charges Legal Opinion (Created: 1990-12-20; Reviewed: 2021-07-29) 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: 1994-03-23; Reviewed: 2020-10-07) MTAS was asked whether the city acted legally in accepting a certain street. |
| Legality of City-County Sales Tax Allocation Agreement Legal Opinion (Created: 1992-04-13; Reviewed: 2021-07-29) 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: 1995-06-16; Reviewed: 2021-07-29) 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 the County Charging a Tipping Fee Legal Opinion (Created: 1994-09-20; Reviewed: 2021-05-28) 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: 1997-04-28; Reviewed: 2021-04-23) 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: 2007-03-15; Reviewed: 2021-04-23) 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: 1994-05-04; Reviewed: 2021-04-21) 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: 1991-05-24; Reviewed: 2021-07-20) 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: 1998-09-03; Reviewed: 2020-10-07) 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: 2011-03-25; Reviewed: 2021-04-14) 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: 2004-04-12; Reviewed: 2021-05-04) 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: 2012-08-29; Reviewed: 2021-04-15) 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: 1991-07-18; Reviewed: 2021-06-21) A clean-up lien that followed behind the first lien would also put the former ahead of mortgagees and any other lien holder. |
| Maintenance and Operation of Street Lighting on Interstate Highways Legal Opinion (Created: 1999-02-01; Reviewed: 2021-04-23) 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: 1996-11-18; Reviewed: 2021-07-20) 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: 2001-11-07; Reviewed: 2021-06-21) 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. |
| 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: 2003-01-24; Reviewed: 2021-07-26) 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 Compensation and COLA Legal Opinion (Created: 2010-05-11; Reviewed: 2021-07-15) 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: 2011-09-28; Reviewed: 2021-07-26) 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: 2010-07-06; Reviewed: 2021-07-21) 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: 2008-04-01; Reviewed: 2021-07-15) MTAS was asked whether the mayor had the right to vote or make motions. |
| Mayor's Salary and COLA Legal Opinion (Created: 2008-03-18; Reviewed: 2021-07-15) 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: 2002-08-14; Reviewed: 2021-07-15) 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: 2005-01-20; Reviewed: 2021-07-26) 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: 2001-06-26; Reviewed: 2021-06-10) A city cannot pass a model of the McCain-Feingold Campaign Reform Act for local application. |
| Measuring Methods Used in Beer Distance Regulations Legal Opinion (Created: 2008-09-10; Reviewed: 2021-07-21) 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: 2001-05-14; Reviewed: 2021-05-20) MTAS was asked to explain the legal process for merging the water systems of two cities. |
| Minority Set-Aside Program Legality in Tennessee Municipalities Legal Opinion (Created: 2002-06-27; Reviewed: 2021-06-22) 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: 2006-06-26; Reviewed: 2021-05-07) 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: 2012-08-04; Reviewed: 2021-04-28) 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: 2001-05-10; Reviewed: 2021-07-21) 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: 2011-03-22; Reviewed: 2021-04-29) 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: 2001-08-17; Reviewed: 2021-05-07) Details the effects of the Tennessee Tort Liability Act regarding municipal and personal liability. |
| Municipal Authority to Charge Sewer Tap Fees Legal Opinion (Created: 1994-10-14; Reviewed: 2021-04-26) MTAS was asked under what authority municipalities charge sewer tap fees. |
| Municipal Officers, Municipal Employees, Ministerial Officers, and General Supervision Legal Opinion (Created: 2009-09-03; Reviewed: 2021-06-22) 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: 1993-09-03; Reviewed: 2021-06-25) 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: 2018-08-07; Reviewed: 2021-05-26) 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: 1993-07-02; Reviewed: 2021-04-23) 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: 2007-09-04; Reviewed: 2020-05-04) 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: 1997-02-04; Reviewed: 2021-07-29) MTAS was asked whether the city can negotiate price with the low bidder when there is only one bid on a municipal purchase. |
| Non-Resident of a Town Holding the Office of Alderman Legal Opinion (Created: 1994-06-15; Reviewed: 2021-07-21) MTAS was asked whether a non-resident of the town can hold the office of alderman. |
| Notice of a Special Meeting Legal Opinion (Created: 2006-09-29; Reviewed: 2021-07-21) How long in advance is the notice of a special meeting required to be given to the public? |
| One-Way Street in Front of School Legal Opinion (Created: 1997-05-01; Reviewed: 2020-05-04) 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: 2011-02-02; Reviewed: 2021-05-18) 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: 1996-08-08; Reviewed: 2021-06-22) 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: 2009-05-19; Reviewed: 2021-04-23) 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: 1998-12-11; Reviewed: 2021-07-22) 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: 1998-03-26; Reviewed: 2021-07-23) 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 Training Time for Police Officers Legal Opinion (Created: 2002-10-21; Reviewed: 2021-07-12) 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: 1993-12-08; Reviewed: 2021-08-19) MTAS was asked whether the city commission can overturn the decision of the city manager in demoting the police chief. |
| Participation of the Volunteer Fire Department in a Fund Raising Project Legal Opinion (Created: 1992-07-31; Reviewed: 2021-07-29) 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: 1998-07-01; Reviewed: 2020-05-05) 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: 1994-11-07; Reviewed: 2020-05-05) 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: 1994-04-05; Reviewed: 2020-05-05) 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: 2003-08-13; Reviewed: 2021-07-23) 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: 1996-09-16; Reviewed: 2021-07-21) 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 of In Lieu of Taxes by a Municipal Water System Legal Opinion (Created: 2003-01-15; Reviewed: 2021-07-29) MTAS was asked whether a municipal water system can pay in lieu of taxes. |
| Personnel Powers of City Manager v. Council Legal Opinion (Created: 1998-04-22; Reviewed: 2021-07-15) 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: 2001-10-12; Reviewed: 2021-05-14) MTAS was asked the impact of Chapter 1101 on the planning and subdivision authority of cities. |
| Police Liability for Damages to Buildings in the Process of Searches in Exigent Circumstances Legal Opinion (Created: 2010-11-17; Reviewed: 2021-06-29) MTAS was asked whether the police are liable for damages done to private property that occur when they obtain entry to a building and seize a person's property under a search warrant or under exigent circumstances. |
| Police Opening Locked Car Doors for Motorists Legal Opinion (Created: 2007-06-18; Reviewed: 2021-07-02) 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: 2001-12-18; Reviewed: 2021-06-22) 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: 1996-04-03; Reviewed: 2021-07-23) 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: 2012-06-14; Reviewed: 2021-07-16) 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: 2011-02-14; Reviewed: 2021-07-16) 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: 2006-02-14; Reviewed: 2021-07-29) 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: 1996-06-19; Reviewed: 2020-05-05) 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 Three Axle Vehicles on a Certain City Street Legal Opinion (Created: 1997-10-09; Reviewed: 2020-05-05) 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: 2002-06-24; Reviewed: 2021-05-04) 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: 2005-05-05; Reviewed: 2021-05-14) MTAS was asked whether the city can provide employees greater property rights in employment than is provided in the charter. |
| Proposed Planned Unit Development (PUD) for a Mobile Home Park Legal Opinion (Created: 1996-03-27; Reviewed: 2021-04-28) 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: 2007-05-11; Reviewed: 2021-07-29) 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: 2003-06-10; Reviewed: 2021-04-23) MTAS was asked whether the city utility system can provide utility service to property inside the utility district, under both federal and state law. |
| Provision of Insurance to Municipal Officers and Employees Legal Opinion (Created: 2001-08-31; Reviewed: 2021-05-12) 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: 1992-01-13; Reviewed: 2021-07-21) MTAS was asked whether proxy voting by the board of mayor and aldermen is allowed. |
| Purchasing Law and Sales Tax Liability Legal Opinion (Created: 2002-04-25; Reviewed: 2021-06-21) 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: 1998-05-13; Reviewed: 2021-07-19) 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: 2004-12-20; Reviewed: 2021-07-16) 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: 1994-04-15; Reviewed: 2021-04-23) MTAS was asked two questions on capital outlay notes. |
| Questions Related to Overtime Compensation Legal Opinion (Created: 1997-05-20; Reviewed: 2021-05-20) 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: 2001-10-04; Reviewed: 2021-07-16) MTAS was asked whether the mayor counts toward a quorum and may the mayor vote. |
| Quorum, Tie Votes, and Roberts Rules Legal Opinion (Created: 1992-10-30; Reviewed: 2021-07-23) 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. |
| Reappointing the City Recorder Legal Opinion (Created: 1997-08-22; Reviewed: 2021-07-21) MTAS was asked how to rehire the city recorder after she resigned and then changed her mind. |
| Reapportionment Legal Opinion (Created: 2002-01-31; Reviewed: 2021-07-07) 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: 2003-05-12; Reviewed: 2021-07-28) 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: 1997-09-30; Reviewed: 2021-07-21) MTAS was asked whether the recorder should record abstentions in the minutes of meetings. |
| Recovering the Cost of Emergency Fire Calls Legal Opinion (Created: 1994-10-12; Reviewed: 2021-07-23) 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: 2005-02-16; Reviewed: 2021-04-23) MTAS was asked several questions related to city policies governing the recovery of utility extension costs front-ended by developers. |
| Referenda on Bond Issues Legal Opinion (Created: 2002-05-29; Reviewed: 2021-04-23) MTAS was asked to analyze the law governing referenda on bond issues. |
| Referendum on Annexation for One Voter Legal Opinion (Created: 2004-10-05; Reviewed: 2021-07-23) 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: 2009-12-07; Reviewed: 2021-05-28) 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: 2001-07-03; Reviewed: 2020-05-06) MTAS was asked several questions related to regulating day trucks on city streets. |
| Regulating Hunting in the City by Private Act Legal Opinion (Created: 1998-11-17; Reviewed: 2021-08-19) MTAS was asked whether the city can by private act regulate hunting in the city. |
| Regulating Mailboxes in Rights-of-Way Legal Opinion (Created: 2003-07-18; Reviewed: 2021-04-28) 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: 2001-10-11; Reviewed: 2020-05-06) 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: 2007-01-29; Reviewed: 2021-07-29) 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: 2000-06-09; Reviewed: 2021-06-25) MTAS was asked to review an ordinance dealing with transient vendors. |
| Regulation of Cemeteries Legal Opinion (Created: 2008-03-14; Reviewed: 2021-07-21) 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: 1996-07-03; Reviewed: 2020-05-06) 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 |
| Relative Personnel Powers of the Electric Power Board and the Water, Sewer, and Gas Board Legal Opinion (Created: 2009-08-11; Reviewed: 2021-04-23) 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: 2008-09-22; Reviewed: 2021-07-23) MTAS was asked about a number of questions related to distribution of authority between utility board and utility superintendent. |
| Removing Police and Fire Chiefs from the Classified Service Legal Opinion (Created: 2007-06-20; Reviewed: 2021-05-14) MTAS was asked to analyze questions about the right of the city to remove police and fire chiefs from the classified service. |
| Requiring a Certain Salvage Yard to Conform to the City's Zoning Ordinance Legal Opinion (Created: 1994-05-12; Reviewed: 2021-04-19) 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: 2011-08-18; Reviewed: 2021-05-04) 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: 2008-12-10; Reviewed: 2020-05-06) 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: 2006-05-02; Reviewed: 2020-05-06) 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: 1996-10-24; Reviewed: 2020-05-06) 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: 2007-05-07; Reviewed: 2021-04-23) MTAS was asked whether the city's governing body could rescind an appointment to the utility board. |
| Residency Requirement for Mayor and Aldermen Legal Opinion (Created: 2002-01-11; Reviewed: 2021-07-07) 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: 1994-01-24; Reviewed: 2021-07-19) 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: 2010-12-06; Reviewed: 2021-05-18) MTAS was asked whether residency requirements for city officers and employees are legal. |
| Residency Requirements for Utility Board Members Legal Opinion (Created: 2006-04-03; Reviewed: 2021-04-23) 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: 2011-08-30; Reviewed: 2020-05-06) 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: 2011-11-28; Reviewed: 2021-07-28) 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: 1993-06-07; Reviewed: 2020-05-06) MTAS was asked whether a municipality can restrict parking on city streets in certain areas to customers of businesses in those areas. |
| Right of a City to Demote or Dismiss a Police Chief Legal Opinion (Created: 2007-01-12; Reviewed: 2021-06-02) 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: 1994-04-08; Reviewed: 2020-05-07) 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: 2008-05-20; Reviewed: 2021-05-28) 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: 1998-01-13; Reviewed: 2021-07-30) 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: 2001-08-20; Reviewed: 2021-07-28) 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: 2001-12-10; Reviewed: 2020-05-07) 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: 1994-02-01; Reviewed: 2021-04-23) 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 of Municipal Department Heads, Their Appointment and Removal Legal Opinion (Created: 2007-05-09; Reviewed: 2021-06-02) 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. |
| Sale of Beer by Municipalities Legal Opinion (Created: 2005-10-14; Reviewed: 2021-07-23) MTAS was asked whether the city can itself hold a beer permit. |
| Sale of Food at Special Events Legal Opinion (Created: 2001-10-19; Reviewed: 2021-06-28) 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: 2001-07-03; Reviewed: 2021-06-28) 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: 2007-12-18; Reviewed: 2021-07-19) 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: 1993-11-04; Reviewed: 2020-05-11) 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: 1992-08-19; Reviewed: 2021-05-12) 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: 2001-09-20; Reviewed: 2020-05-11) MTAS was asked whether the city has the right to sell the right of way to a street that it plans to close? |
| Setback Requirements for Residential Property in Subdivision Legal Opinion (Created: 2007-07-17; Reviewed: 2021-04-28) 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. |
| Several Questions about City Council Procedures Legal Opinion (Created: 1999-05-20; Reviewed: 2021-07-30) MTAS was asked several questions about city council procedures. |
| Severance Package Contract with a City Manager Legal Opinion (Created: 2003-07-28; Reviewed: 2021-06-02) 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: 1999-01-04; Reviewed: 2021-07-19) MTAS was asked whether municipalities are entitled to levy severance taxes. |
| Sign Regulation of Banners and Balloons Legal Opinion (Created: 2008-08-22; Reviewed: 2021-07-21) MTAS was asked to analyze questions related to sign control of banners and balloons. |
| Sleep Time Deduction for Firefighters Legal Opinion (Created: 1992-01-08; Reviewed: 2021-05-21) MTAS was asked whether the sleep time deduction for firemen requires five consecutive hours of uninterrupted sleep. |
| Slum Clearance and Garbage Rates Legal Opinion (Created: 2000-10-03; Reviewed: 2021-06-18) 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. |
| Solid Waste Collection Contract Legal Opinion (Created: 2004-03-03; Reviewed: 2021-05-28) MTAS was asked to analyze the question of the conditions under which a city can waiver or correct mistakes in a bid. |
| Special Meetings Requirements for the Ratification of Private Acts Legal Opinion (Created: 2006-05-22; Reviewed: 2021-07-19) 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: 2001-05-30; Reviewed: 2020-05-11) MTAS was asked for information on speed bumps. |
| Splitting Work into Components to Circumvent Competitive Bid Requirements Legal Opinion (Created: 1994-01-04; Reviewed: 2021-05-26) MTAS was asked about splitting work into components to circumvent competitive bid requirements. |
| Stalling of an Application for Rezoning Legal Opinion (Created: 2006-08-04; Reviewed: 2021-04-28) MTAS was asked to analyze the legal effect of, and the solution to, the stalling of an application for a rezoning. |
| State Law Regulating Location of a Cemetery in Relation to City Limits Legal Opinion (Created: 1997-01-02; Reviewed: 2021-06-17) 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. |
| Stormwater Fees, Ordinance Enforcement Options, and Other Special Stormwater Issues General (Created: 2006-02-14; Reviewed: 2020-05-11) 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: 1994-05-17; Reviewed: 2020-05-11) 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: 2010-03-22; Reviewed: 2021-04-20) 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. |
| TDOT Contracts Legal Opinion (Created: 2001-06-06; Reviewed: 2020-05-11) MTAS was asked to evaluate a proposed TDOT contract. |
| Temporarily Closing Certain Streets Legal Opinion (Created: 1996-03-13; Reviewed: 2020-05-11) 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: 1996-08-21; Reviewed: 2021-07-30) MTAS was asked whether the mayor can temporarily appoint a city attorney. |
