§ 7-82-308 — Compensation of commissioners - Delegation of powers - Officers - Records - Qualifications - Meetings

Tennessee § 7-82-308

• Jurisdiction: Tennessee
• Title: 7

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(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. Commissioners in those districts that are not financially distressed utility districts as defined in § 7-82-401(f) 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) Upon the adoption of a resolution by the board of commissioners, the members of the board are entitled to: (A) Participation in the group medical insurance plan and group life insurance plan provided to district employees; (B) Reimbursement of premiums paid for equivalent or similar medical insurance coverage and life insurance coverage by the board member; provided, that the premium payments do not exceed the per person cost of the medical insurance coverage and life insurance coverage that the district provides its own employees; or (C) Reimbursement of premiums paid for medical insurance coverage by medicare and any medicare supplement insurance policy. (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 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. (5) Notwithstanding this section or any other law to the contrary, the members of the utility district board of commissioners in a census designated place that is the county seat of any county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census, 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. (6) Notwithstanding this section or any other law to the contrary, in any county having a population of not less than fifty-three thousand four hundred (53,400) nor more than fifty-three thousand five hundred (53,500), or in any county having a population of not less than twenty-one thousand (21,000) nor more than twenty-one thousand one hundred (21,100) according to the 2020 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 five hundred dollars ($500) 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 who reside within the district's boundaries or who are customers of the district shall be eligible for appointment or election to the board. As used in this subsection (d), "customer" means a person who is regularly billed and pays for a utility service rendered by the district. (e) 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. (f) (1) Within one (1) year of initial appointment or election to the board of commissioners of a utility district or prior to or within one (1) year of the reappointment or reelection to the board of commissioners of an incumbent utility district commissioner holding office on June 30, 2010, a utility district commissioner shall attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(6). An incumbent utility district commissioner holding office on June 30, 2010, who has received a minimum of twelve (12) hours of training or more in one (1) or more courses addressing subjects identified in subdivision (f)(6) within the past three (3) years may submit a request to the comptroller to be exempt from the training and continuing education requirements set forth in this subdivision (f)(1). (2) In each continuing education period after the initial training and continuing education required by subdivision (f)(1), a utility district commissioner shall attend a minimum of twelve (12) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (f)(6). For the purposes of this subdivision (f)(2), a "continuing education period" is a period of three (3) years beginning January 1 after the calendar year in which a utility district commissioner completes the training and continuing education requirements set forth in subdivision (f)(1) and each succeeding three-year period thereafter. (3) For purposes of subdivisions (f)(1) and (2), a utility district commissioner may request a training and continuing education extension of up to six (6) months from the comptroller of the treasury or the comptroller's designee. The request shall only be granted upon a reasonable showing of substantial compliance with subdivisions (f)(1) and (2). If the extension is granted, the utility district commissioner must complete any additional required training hours necessary to achieve full compliance for only the relevant continuing education period within the extension period. The utility district commissioner shall file copies of any extension request letters and corresponding comptroller of the treasury determination letters with the Tennessee board of utility regulation. The failure to file this information with the Tennessee board of utility regulation shall cause a commissioner to be ineligible to receive any further payment or benefit as provided in subsection (a) until the information is properly filed. (4) (A) By January 31 of each year, each utility district commissioner shall file with the utility district an annual written statement on a form developed by the comptroller of the treasury that certifies the training and continuing education courses attended by the commissioner during the prior calendar year. (B) The annual written statement must: (i) Identify the date of each course attended; the course's subject matter, location, and sponsor; and the hours attended for each course; and (ii) Include a certificate of attendance, on a form acceptable to the comptroller of the treasury, for each course listed on the annual written statement that certifies the utility district commissioner attended the course. (C) For years in which the utility district commissioner did not attend training or continuing education courses, the commissioner shall file an annual written statement certifying that the commissioner attended no training for that year. (D) A utility district shall keep a copy of an annual written statement filed pursuant to this subdivision (f)(4) for six (6) years following the calendar year in which the annual written statement was filed. (E) The failure to file the annual written statement pursuant to this subdivision (f)(4) causes a commissioner to be ineligible to receive further payment or benefit as provided in subsection (a) until the annual written statement is filed. (5) The utility district shall be responsible for paying the training and continuing education course registration and travel expenses for the training and continuing education required by this subsection (f) for the members of the utility district's board of commissioners. (6) The subjects for the training and continuing education required by subdivisions (f)(1) and (2) shall include, but not be limited to, board governance, financial oversight, policy-making responsibilities and other topics reasonably related to the duties of the members of the board of commissioners of a utility district. (7) Any association or organization with appropriate knowledge and experience may prepare a training and continuing education curriculum for utility district commissioners covering the subjects set forth in subdivision (f)(6) to be submitted to the comptroller for review and approval prior to use. The comptroller shall file a copy of approved training and continuing education curriculum with the Tennessee board of utility regulation. Changes and updates to the curriculum shall be submitted to the comptroller for approval prior to use. Any training and continuing education curriculum approved by the comptroller shall be updated every three (3) years and resubmitted to the comptroller for review and approval. (8) Nothing in this subsection (f) shall prohibit the Tennessee board of utility regulation from requiring training and continuing education in addition to that required under this subsection (f) for utility district commissioners of a utility district which is financially distressed under § 7-82-703 . (9) As used in this subsection (f), "utility district commissioners" include the members of the governing board of any utility district created pursuant to this chapter or any public or private act and the members of the governing board of any water or sewer authority created by any public or private act.

Legislative History

Amended by 2023 Tenn. Acts, ch. 463, s 16, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 463, s 15, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 348, s 1, eff. 5/5/2023. Amended by 2023 Tenn. Acts, ch. 345, s 1, eff. 5/5/2023. Amended by 2022 Tenn. Acts, ch. 657, s 3, eff. 3/15/2022. Amended by 2020 Tenn. Acts, ch. 590, s 1, eff. 7/1/2020. Amended by 2018 Tenn. Acts, ch. 915, s 1, eff. 5/1/2018. Amended by 2017 Tenn. Acts, ch. 129, s 9, eff. 4/17/2017. Amended by 2017 Tenn. Acts, ch. 118, s 3, eff. 4/12/2017. Amended by 2014 Tenn. Acts, ch. 628, s 6, eff. 4/4/2014. 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; 2010 , ch. 1146, §§ 9, 10.