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Personnel powers of city manager v. council

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.

Hemsley, Sid
Legal Opinion
City manager government
Personnel--Laws and regulations
Public
07/15/2021
04/22/1998

City noise ordinance

MTAS was asked whether the city's noise ordinance is "vague."

Hemsley, Sid
Legal Opinion
Municipal ordinances
Noise control
Nuisances
Internal
07/26/2021
08/15/1996

Methods of breaking a tie in an election for mayor or alderman

MTAS was asked how to provide for a special election in the event of a tie vote in an election for either Mayor or Alderman.

Hardy, Pat
General
Elections
City councilmember
Mayor
Internal
06/18/2021
03/10/2011

Resolution to accept an agreement for a turn lane

A resolution for a city accepting an agreement with the state for a Hazard Elimination Program.

Norris, Margaret
Resolution
Streets--Construction
Streets--Municipal resolutions
Public
12/15/2020
03/23/2004

City and county distance regulations for beer permits

MTAS was asked whether beer permit applicants must meet only city, and not county, distance regulations.

Hemsley, Sid
Legal Opinion
Alcoholic beverages
Alcoholic beverages--Laws and regulations
Beer
Beer--Laws and regulations
Beer--Licenses and permits
Internal
07/15/2021
06/27/1994

Surrender of a city charter

MTAS was asked several questions concerning the surrender of a city's charter.

Pullen, Mark
Legal Opinion
Charters--City
Internal
06/28/2021
12/5/1995

City of Spring Hill comprehensive management review (CMR)

MTAS was asked to prepare a CMR on building codes, property maintenance codes, planning, and zoning.

Darden, Ron
Report/Study
Management
Management--Policy and evaluation
Personnel--Administration
Municipal government--Services
Performance measurement
Auditing--Performance measurement
Building codes
Planning
Zoning
Code enforcement--Building inspection
Internal
06/9/2021
04/12/2010

City undertaking drainage work on private property

MTAS was asked about the city undertaking drainage work on private property; includes discussion of public purpose doctrine, waters of the state, and natural flow rule.

Broughton, Jeff
Jones, Josh
General
Finance--Use of public funds
Drainage
Rivers and waterways
Municipal government--Finance
Internal
04/22/2020
10/29/2013

Conflict of interest provision in city charter

MTAS was asked whether the city charter could have a conflict of interest provision stronger than Tennessee's two conflicts of interest laws.

Hemsley, Sid
Legal Opinion
Conflict of interests
Charters--City--Tennessee
Public
06/21/2021
11/30/2009

Local cost of property reappraisal

Cities across the state have been notified by the county property assessor’s offices of an increased cost of property reappraisal this year and going forward. The argument for increasing these costs is that other functions of the property assessor’s office are utilized in the reappraisal program and must be maintained in order to remain in compliance with the reappraisal program. However, based upon the statutory language and legislative history, MTAS attorneys disagree with any opinion that general property assessor expenses unrelated to a reappraisal can be charged to a city. In fact, it is our legal opinion that the legislative intent is that “local cost of reappraisal” were to be “limited to the increased cost incurred by the requirements of this section and 67-5-1602 – 67-5-1604.”

O'Hara, Stephanie Allen
Ashburn, Melissa; Hodge, Elisha
Legal Opinion
Taxes--Property assessment and appraisal
Intergovernmental agreements
County government
Internal
06/1/2022
05/28/2020
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