7-82-308 - Compensation of commissioners Delegation of powers Officers Records Qualifications Meetings.
7-82-308. Compensation of commissioners Delegation of powers Officers Records Qualifications Meetings.
(a) (1) The members of the board shall serve without compensation for their services, except that by resolution duly adopted by the board of commissioners, each commissioner may receive per diem payments for not more than twelve (12) meetings of the board of commissioners in any calendar year, at rates not greater than three hundred dollars ($300) per meeting. However, in any county with a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census, the members of the utility district board of commissioners shall serve without compensation for their services, except that by resolution duly adopted by the board of commissioners, each commissioner may receive per diem payments for not more than twelve (12) meetings of the board of commissioners in any calendar year at rates not greater than two hundred fifty dollars ($250) per meeting for each district having more than three thousand (3,000) users and not more than one hundred dollars ($100) per meeting for each district having three thousand (3,000) or fewer users. In addition, group medical insurance coverage and group life insurance coverage as may be provided other employees, or payment of premiums for an equivalent or similar group medical coverage and group life insurance coverage that a commissioner may be participating in on April 18, 1985, or that a commissioner may have been participating in on May 25, 1984, or a group plan entered into subsequent thereto; provided, that such payment of such medical coverage and group life insurance coverage does not exceed the per person cost of the district's group medical insurance coverage and group life insurance coverage for its employees. Commissioners in those districts that are not financially distressed utility districts as defined in § 7-82-703 that distribute and sell natural gas are thereby authorized, upon resolution duly adopted by the board of commissioners, to receive not more than five hundred dollars ($500) per diem payments in the manner provided in this part.
(2) In any county with a population of not less than eighty-five thousand eight hundred (85,800) nor more than eighty-six thousand one hundred (86,100), according to the 1990 federal census or any subsequent federal census, the members of utility district board of commissioners shall serve without compensation for their services, except that, by resolution duly adopted by the board of commissioners, each commissioner may receive per diem payments for not more than twelve (12) meetings of the board of commissioners in any calendar year, at rates not greater than one hundred fifty dollars ($150) per meeting for each district having more than three thousand (3,000) users, and not more than one hundred dollars ($100) per meeting for each district having three thousand (3,000) or fewer users.
(3) In any county having a charter form of government, the members of a utility district board of commissioners shall serve without compensation for their services, except that, by resolution duly adopted by the board of commissioners, each commissioner may receive per diem payments for not more than twelve (12) meetings of the board of commissioners in any calendar year, at rates not greater than three hundred fifty dollars ($350) per meeting for each district having more than five thousand (5,000) users, and not more than one hundred dollars ($100) per meeting for each district having five thousand (5,000) or fewer users. In addition, group medical insurance coverage and group life insurance coverage may be provided for commissioners as such coverage is provided for other employees, or premiums for an equivalent or similar group medical coverage and group life insurance may be paid; however, payment of such medical coverage and group life insurance coverage must not exceed the per person cost of the district's group medical insurance coverage and group life insurance coverage for its employees.
(A) (i) In any county having a population of not less than one hundred forty thousand (140,000), nor more than one hundred forty-five thousand (145,000), according to the 1990 federal census or any subsequent federal census, the members of a utility district board of commissioners shall serve without compensation for their services, except that, by resolution duly adopted by the board of commissioners, each commissioner may receive per diem payments for not more than twelve (12) meetings of the board of commissioners in any calendar year, at rates not greater than two hundred fifty dollars ($250) per meeting.
(ii) In addition, group medical insurance coverage and group life insurance coverage may be provided for commissioners as such coverage is provided for other employees, or premiums for an equivalent or similar group medical coverage and group life insurance may be paid; however, payment of such medical coverage and group life insurance coverage must not exceed the per person cost of the district's group medical insurance coverage and group life insurance coverage for its employees.
(B) Any resolution adopted, pursuant to subdivision (a)(3)(A)(i), on or after July 1, 2001, shall not take effect unless and until it is ratified by a majority of the customers of the utility district as provided in this subdivision (a)(3)(B). Upon adopting any such resolution, the board must promptly schedule a meeting of the district's customers for an election of ratification. Such election of ratification must coincide with the next succeeding meeting at which one (1) or more persons shall be elected or selected to serve on the utility district board of commissioners. At least thirty (30) days prior to the date of such meeting, the board must mail written notice to all customers of the utility district announcing the time, place and purposes of such meeting. If a majority of the customers present and voting at the meeting favor ratification of the resolution, then the resolution shall immediately take effect.
(4) Notwithstanding any provision of this section or any other law to the contrary, in any county having a population of not less than seventeen thousand eight hundred (17,800) nor more than seventeen thousand eight hundred seventy-five (17,875), or in any county having a population of not less than twenty thousand six hundred (20,600) nor more than twenty thousand seven hundred (20,700), according to the 2000 federal census or any subsequent federal census, the members of a utility district board of commissioners shall serve without compensation for their services, except that, by resolution duly adopted by the board of commissioners, each commissioner may receive per diem payments for not more than twelve (12) meetings of the board of commissioners in any calendar year, at rates not greater than two hundred fifty dollars ($250) per meeting.
(b) The board may delegate to one (1) or more of its members, or to its agents and employees, such powers and duties as it may deem proper, but, at its first meeting and at the first meeting of each calendar year thereafter, it shall elect one (1) of its members to serve as president, and another of its members as secretary of the board of commissioners.
(c) The secretary shall keep a record of all proceedings of the commission, which shall be available for inspection as other public records, and shall be custodian of all official records of the district.
(d) Only persons resident in the district or owning real property within the district shall be eligible for election to the board.
(e) (1) The board of commissioners of every utility district created pursuant to this chapter shall meet at least once each quarter, the time and place of such meeting to be published in accordance with title 8, chapter 44.
(2) (A) No provision of this subsection (e) shall apply to any gas utility district for the reasons set out in § 7-82-103.
(B) The provisions of this subsection (e) shall not apply in counties having the following populations, according to the 1980 federal census or any subsequent federal census:
Click to view table.
(f) (1) Notwithstanding the provisions of subsection (a), for any water and sewer utility district in any county with a population of not less than eighteen thousand two hundred (18,200) and not more than eighteen thousand five hundred (18,500), according to the 1990 federal census or any subsequent federal census, the members of the utility district board of commissioners shall serve without compensation for their services, except that, by resolution duly adopted by the board of commissioners, each commissioner may receive per diem payments for not more than twelve (12) meetings of the board of commissioners in any calendar year at rates not greater than two hundred fifty dollars ($250) per meeting.
(2) Before any per diem payments may be made pursuant to this subsection (f), the customers of the utility district shall approve the action of the board in its resolution in an election. The board shall schedule a meeting of the district's customers for an election for the approval of the resolution by the customers. At least thirty (30) days prior to such meeting, the board shall mail written notice of such meeting to all customers of the utility district. A majority of customers present and voting at the meeting shall approve the resolution.
(g) (1) Notwithstanding subsection (f), thirty (30) days after the adoption of a resolution by a two-thirds (2/3) vote of the commissioners of any water and sewer utility district to which subsection (f) applies, the applicable provisions of subsection (a) shall apply to per diem payments for commissioners of the utility district.
(2) Upon the adoption of the resolution, subsection (f) shall be repealed.
(3) If no action is taken prior to December 1, 2009, or if the resolution is not adopted in accordance with this subsection (g) by December 1, 2009, this subsection (g) shall be repealed.
(4) The presiding officer of the board of commissioners shall notify the executive secretary of the Tennessee code commission of the results of the action taken by the board of commissioners.
[Acts 1937, ch. 248, § 4; C. Supp. 1950, § 3695.29; Acts 1963, ch. 193, §§ 1, 2; 1968, ch. 567, § 1; T.C.A. (orig. ed.), § 6-2615; Acts 1981, ch. 145, § 1; 1982, ch. 839, § 1; 1983, ch. 145, § 1; 1983, ch. 146, § 1; 1983, ch. 364, § 1; 1984, ch. 706, § 1; 1984, ch. 796, §§ 2, 4; 1985, ch. 210, § 1; 1987, ch. 422, § 5; 1989, ch. 139, § 3; 1989, ch. 221, § 4; 1989, ch. 268, § 2; 1990, ch. 722, §§ 1, 2; 1995, ch. 307, § 1; 1995, ch. 453, § 1; 1998, ch. 961, § 1; 2001, ch. 55, § 1; 2001, ch. 83, § 1; 2005, ch. 230, § 1; 2007, ch. 74, § 1; 2009, ch. 398, § 1.]