THE GRAYSVILLE MUNICIPAL CODE

Transcription

1 THE GRAYSVILLE MUNICIPAL CODE Prepared by the MUNICIPAL TECHNICAL ADVISORY SERVICE INSTITUTE FOR PUBLIC SERVICE THE UNIVERSITY OF TENNESSEE in cooperation with the TENNESSEE MUNICIPAL LEAGUE June, 1991

2 Change 6, November 9, 2017 TOWN OF GRAYSVILLE, TENNESSEE MAYOR Ron Scott VICE MAYOR Jimmy Massengill COMMISSIONERS Robert Baldwin James Cook David Sulcer RECORDER Tracey Pankey COURT CLERK Michele Yearwood MUNICIPAL CLERK Amanda Sulcer ii

3 Preface The Graysville Municipal Code contains the codification of the ordinances of the Town of Graysville, Tennessee. By referring to the historical citation appearing at the end of each section, the user can determine the origin of each particular section. The absence of a historical citation means that the section was added by the codifier. The word "modified" in the historical citation indicates substantial modification of the original ordinance. The code is arranged into titles, chapters, and sections. Related matter is kept together, so far as possible, within the same title. Each section number is complete within itself, containing the title number, the chapter number, and the section of the chapter of which it is a part. Specifically, the first digit, followed by a hyphen, identifies the title number. The second digit identifies the chapter number, and the last two digits identify the section number. For example, title 2, chapter 1, section 6, is designated as section By utilizing the table of contents and the analysis preceding each title and chapter of the code, together with the cross references and explanations included as footnotes, the user should locate all the provisions in the code relating to any question that might arise. However, the user should note that most of the administrative ordinances (e.g. annual budget, zoning map amendments, tax assessments, etc...) do not appear in the code. Likewise, ordinances that have been passed since the last update of the code do not appear here. Therefore, the user should refer to the town's ordinance book or the town recorder for a comprehensive and up to date review of the town's ordinances. Following this preface is an outline of the ordinance adoption procedures, if any, prescribed by the town's charter. The code has been arranged and prepared in loose-leaf form to facilitate keeping it up to date. MTAS will provide updating service under the following conditions: (1) That all ordinances relating to subjects treated in the code or which should be added to the code are adopted as amending, adding, or deleting specific chapters or sections of the code (see section 8 of the adopting ordinance). (2) That one copy of every ordinance adopted by the town is kept in a separate ordinance book and forwarded to MTAS annually. iii

4 (3) That the town agrees to reimburse MTAS for the actual costs of reproducing replacement pages for the code (no charge is made for the consultant's work, and reproduction costs are usually nominal). Presently, when the foregoing conditions are met MTAS will reproduce replacement pages for the code to reflect the amendments and additions made by such ordinances. This service will be performed at least annually and more often if justified by the volume of amendments. Replacement pages will be supplied with detailed instructions for utilizing them so as again to make the code complete and up to date. The able assistance of Mrs. Tracy Gardner, the MTAS Sr. Word Processing Specialist who did all the typing on this project, is gratefully acknowledged. Claudia Wolfenbarger Administrative Secretary Andre Coure Codification Consultant iv

5 ORDINANCE ADOPTION PROCEDURES PRESCRIBED BY THE TOWN CHARTER The ordinance adoption procedures for the Town of Graysville are set out as follows precisely as they appear in the charter. SECTION 21 ORDINANCES An action of the board shall be by ordinance when granting, renewing or extending public franchises; creating, abolishing or combining departments or offices; authorizing the borrowing of money; regulating the rate charged for its services by a public utility; fixing fees, service charges and utility rates; exercising the police power; levying taxes; adopting the budget; providing a fine or other penalty or establishing a rule or regulation for violation of which a fine or other penalty is imposed; or amending or repealing an existing ordinance. All other actions may be accomplished by resolutions or motions. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of a majority of those commissioners present shall be required to pass any motion, resolution or ordinance, including both readings in the case of an ordinance. Each ordinance, before being adopted, shall be read at two (2) meetings not less than seven (7) days apart, and shall take effect immediately, provided a caption of the ordinance, excepting emergency ordinances, has been published in a local newspaper of general circulation or unless otherwise specified. Where an emergency exists and the public safety and welfare require it, an ordinance containing a full statement of the facts and reasons for the emergency may be made effective after one reading if approved by at least five (5) members of the board. No ordinance relating to a franchise, exclusive contract, or other special privilege shall be passed as an emergency ordinance. Amendments of ordinances may be made prior to final reading and shall be accomplished only by setting forth the complete section, sections, subsection or subsections in their amended form. A code may be adopted by an ordinance which contains only a reference to its title, date, and issuing organization, and the town clerk shall file a copy of the code in his office. v

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10 Change 6, November 9, TITLE 1 GENERAL ADMINISTRATION 1 CHAPTER 1. BOARD OF COMMISSIONERS. 2. MAYOR. 3. RECORDER. 4. WATER WORKS CLERK. 5. DISPOSAL OF TOWN PROPERTY. 6. CODE OF ETHICS. 7. MUNICIPAL ELECTIONS. CHAPTER 1 BOARD OF COMMISSIONERS 2 SECTION Time and place of regular meetings Order of business General rules of order Definitions Time and place of regular meetings. The mayor and board of commissioners shall hold regular monthly meetings at 7:00 P.M. the second Tuesday of each month at town hall. Agenda items should be submitted to the city recorder on the Thursday prior to meeting night. (as replaced by Ord. # , Jan. 2010, and amended by Ord. #2015-1, May 2015, Ord. #2017-3, July 2017, and Ord. #2017-6, Nov. 2017) Order of business. At each meeting of the mayor and board of commissioners the following regular order of business shall be observed unless dispensed with a majority vote of the members present: 1 Municipal code references Fire department: title 7. Utilities: titles 18 and 19. Wastewater treatment: title 18. Zoning: title Charter references Residency requirements of members of board: Sec. 3. Duties of mayor: Sec. 6.

11 Change 6, November 9, (1) Call to order by the mayor. (2) Prayer and pledge. (3) Roll call by city recorder. (4) Approval or corrections of previous meeting minutes. (5) Communications from mayor and board of commissioners. (6) Consent agenda. (7) Old business. (8) New business. (9) Communications from citizens. (10) Adjournment. Groups wishing to express the same opinion or concern regarding an issue should select one (1) spokesperson for the group. (as amended by Ord. # , Jan. 2008, replaced by Ord. # , Jan. 2010, and amended by Ord. #2015-1, May 2005, and Ord. #2017-6, Nov. 2017) General rules of order. The rules of order and parliamentary procedure contained in Robert's Rules of Order, Revised, shall govern the transaction of business by and before the board of commissioners at its meetings in all cases to which they are applicable and in which they are not inconsistent with provisions of the charter or this code Definitions. (1) "Governing body" means mayor and board of commissioners. (2) "Regular monthly meeting" means such day and time of the month fixed by the board, and more often, as the town may demand. (as added by Ord. # , Jan. 2008, and replaced by Ord. #2017-3, July 2017 and Ord. #2017-6, Nov. 2017)

12 1-3 SECTION Executes town's contracts Appointment of committees. CHAPTER 2 MAYOR Executes town's contracts. The mayor shall execute all contracts as authorized by the board of commissioners Appointment of committees. The mayor shall appoint such committees as he deems necessary for the orderly general supervision of municipal affairs. The mayor shall appoint from the committee's membership one person to chair the respective committee. Said committee chairperson shall report to the board of commissioners when requested by any member of that board as to the status of the activities of that committee. (Ord. # , 1, modified) 1 Charter references Duties of mayor: Sec. 6.

13 Change 5, August 1, CHAPTER 3 RECORDER 1 SECTION Generally supervises town's affairs Bonding Administrative duties Generally supervises town's affairs. The town recorder shall have supervision of all town affairs and may require such reports from the officers and employees as he/she may reasonably deem necessary to carry out his/her responsibilities. (as replaced by Ord. # , July 2008) Bonding. The recorder shall be bonded in such sum as the board of mayor and commissioners may determine, with a surety approved by resolution by the board of mayor and commissioners. (Ord. # , 3, as replaced by Ord. # , July 2008) Administrative duties. Keep minutes, maintain records of the proceedings of the governing body and other meetings; serve as official custodian of town records; confers, coordinates, plans and provides support for the department heads, and other employees on various financial and administrative matters; plans, organizes and directs operations in the areas of accounting, budgeting, and capital budgeting, reporting, purchasing, tax collection, and other financial activities; responsible for the reconciliation of bank statements and invoices, bond payments, drafting checks, accounts payable, etc.; helps train employees, prepares legal notices, may prepare resolutions for consideration by the governing body, maintains bid files and may assist with bid openings, makes effective oral and written presentations to the board of mayor and commissioners, oversees preparation of the annual budget and capital budget for all funds, and assists department heads with estimates, makes budgetary recommendations, prepares the appropriation ordinance and related documents; manages and evaluates subordinates; helps assure that all financial operations are performed in compliance with applicable local, state, and federal laws, as well as with acceptable standard principles of accounting and finance; and 1 Charter references Appointment: Sec. 13. Oath of office: Sec. 7. Bonds: Sec. 9. Municipal code reference See section 4-101, Employment of town personnel.

14 Change 5, August 1, responsible for maintaining all types of insurance coverage such as health, property, liability, workers compensation, etc. (Ord. # , 3, as amended by Ord. # ; and replaced by Ord. #95-2, Sept. 1995, and Ord. # , July 2008)

15 Change 5, August 1, SECTION Water works clerk Bonding Administrative duties. CHAPTER 4 WATER WORKS CLERK Water works clerk. This employee provides a variety of administrative support services in town hall. The employee in this class is under the immediate supervision of the public works director. (Ord. # , 4, as replaced by Ord. # , July 2008) Bonding. The water works clerk shall be bonded in such sum as the board of mayor and commissioners may determine, with a surety approved by resolution by the board of mayor and commissioners. (Ord. # , 4, as replaced by Ord. # , July 2008) Administrative duties. The water works clerk shall collect payments of water bills, town taxes, town fines and other payments to the town; serve as a receptionist, answering telephone calls, greeting visitors, take complaints, route calls and visitors to proper person; receive and process service orders for the water department; assists with the posting and filing of tax receipts; sorts and distributes incoming mail; calculates penalties on delinquent taxes, research tax and utility delinquencies; assists with payroll; performs various other clerical tasks/duties as assigned. (Ord. # , 3, modified, as replaced by Ord. # , July 2008)

16 1-7 SECTION Applicability Donations Other disposals of personalty. CHAPTER 5 DISPOSAL OF TOWN PROPERTY Applicability. The provisions of this chapter shall apply to all personalty of the town which is no longer being used for said town and which is to be sold, donated, destroyed, or otherwise rendered unusable for its original or any other reasonable purpose. This definition shall include all or portions of any improvements or fixtures. (Ord. # , 1) Donations. Proposed donation of any personalty of the town shall be approved prior to said disposal by motion of the board of commissioners. (Ord. # , 2) Other disposals of personalty. When a department head determines that there is surplus equipment or material within the department, he or she shall notify the town recorder in writing of any such equipment or materials. The town recorder will determine the best method of disposal of those items with an estimated value of less than one hundred dollars ($100) and instruct the department head as to the disposal method. Items with an estimated value of one hundred dollars ($100) or more shall be advertised and bids received by the town recorder after approval by the board of commissioners. Such equipment or material shall be sold to the highest bidder. However, the town recorder may transfer surplus equipment or material from one department to another. The secretary/treasurer shall be notified of any such transfer or sales. With approval of the board of commissioners, equipment or material may be sold at public auction.

17 Change 4, October 11, CHAPTER 6 CODE OF ETHICS 1 SECTION Applicability Definition of "personal interest." Disclosure of personal interest by official with vote Disclosure of personal interest in non-voting matters Acceptance of gratuities, etc Use of information Use of municipal time, facilities, etc Use of position or authority Outside employment Ethics complaints Violations Applicability. This chapter is the code of ethics for personnel of the Town of Graysville. It applies to all full-time and part-time elected or appointed officials and employees, whether compensated or not, including those 1 State statutes dictate many of the ethics provisions that apply to municipal officials and employees. For provisions relative to the following, see the Tennessee Code Annotated (T.C.A.) sections indicated: Campaign finance - T.C.A. Title 2, Chapter 10. Conflict of interests - T.C.A , 108; , 102. Conflict of interests disclosure statements - T.C.A and the following sections. Consulting fee prohibition for elected municipal officials - T.C.A , 124. Crimes involving public officials (bribery, soliciting unlawful compensation, buying and selling in regard to office) - T.C.A and the following sections. Crimes of official misconduct, official oppression, misuse of official information - T.C.A and the following sections. Ouster law - T.C.A and the following sections.

18 Change 4, October 11, of any separate board, commission, committee, authority, corporation, or other instrumentality appointed or created by the Town of Graysville. The words "Town of Graysville" include these separate entities. (as added by Ord. #1246, Jan. 2007) Definition of "personal interest." (1) For purposes of and 1-604, "personal interest" means: (a) Any financial, ownership, or employment interest in the subject of a vote by a municipal board not otherwise regulated by state statutes on conflicts of interests; or (b) Any financial, ownership, or employment interest in a matter to be regulated or supervised; or (c) Any such financial, ownership, or employment interest of the official's or employee's spouse, parent(s), step parent@), grandparent(s), sibling(s), child(ren), or step child(ren). (2) The words "employment interest" include a situation in which an official or employee or a designated family member is negotiating possible employment with a person or organization that is the subject of the vote or that is to be regulated or supervised. (3) In any situation in which a personal interest is also a conflict of interest under state law, the provisions of the state law take precedence over the provisions of this chapter. (as added by Ord. #1246, Jan. 2007) Disclosure of personal interest by official with vote. An official with the responsibility to vote on a measure shall disclose during the meeting at which the vote takes place, before the vote and so it appears in the minutes, any personal interest that affects or that would lead a reasonable person to infer that it affects the official's vote on the measure. In addition, the official may recuse himself 1 from voting on the measure. (as added by Ord. #1246, Jan. 2007) Disclosure of personal interest in non-voting matters. An official or employee who must exercise discretion relative to any matter, other than casting a vote, and who has a personal interest in the matter that affects or that would lead a reasonable person to infer that it affects the exercise of the discretion shall disclose, before the exercise of the discretion when possible, the interest on a form provided by and filed with the recorder. In addition, the official or employee may, to the extent allowed by law, charter, ordinance, or policy, recuse himself from the exercise of discretion in the matter. (as added by Ord. #1246, Jan. 2007) 1 Masculine pronouns include the feminine. Only masculine pronouns have been used for convenience and readability.

19 Change 4, October 11, Acceptance of gratuities, etc. An official or employee may not accept, directly or indirectly, any money, gift, gratuity, or other consideration or favor of any kind from anyone other than the Town of Graysville: (1) For the performance of an act, or refraining from performance of an act, that he would be expected to perform, or refrain from performing, in the regular course of his duties; or (2) That might reasonably be interpreted as an attempt to influence his action, or reward him for past action, in executing municipal business. (as added by Ord. #1246, Jan. 2007) Use of information. (1) An official or employee may not disclose any information obtained in his official capacity or position of employment that is made confidential under state or federal law except as authorized by law. (2) An official or employee may not use or disclose information obtained in his official capacity or position of employment with the intent to result in financial gain for himself or any other person or entity. (as added by Ord. #1246, Jan. 2007) Use of municipal time, facilities, etc. (1) An official or employee may not use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to himself. (2) An official or employee may not use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to any private person or entity, except as authorized by legitimate contract or lease that is determined by the governing body to be in the best interests of the Town of Graysville. (as added by Ord. #1246, Jan. 2007) Use of position or authority. (1) An official or employee may not make or attempt to make private purchases, for cash or otherwise, in the name of the Town of Graysville. (2) An official or employee may not use or attempt to use his position to secure any privilege or exemption for himself or others that is not authorized by the charter, general law, or ordinance or policy of the Town of Graysville. (as added by Ord. #1246, Jan. 2007) Outside employment. An official or employee may not accept or continue any outside employment if the work unreasonably inhibits the performance of any affirmative duty of the municipal position or conflicts with any provision of the Town of Graysville's charter or any ordinance or policy. (as added by Ord. #1246, Jan. 2007) Ethics complaints. (1) The city attorney is designated as the ethics officer of the Town of Graysville. Upon the written request of an official or employee potentially affected by a provision of this chapter, the city attorney

20 Change 4, October 11, may render an oral or written advisory ethics opinion based upon this chapter and other applicable law. (2) (a) Except as otherwise provided in this subsection, the city attorney shall investigate any credible complaint against an appointed official or employee charging any violation of this chapter, or may undertake an investigation on his own initiative when he acquires information indicating a possible violation, and make recommendations for action to end or seek retribution for any activity that, in the attorney's judgment, constitutes a violation of this code of ethics. (b) The city attorney may request the governing body to hire another attorney, individual, or entity to act as ethics officer when he has or will have a conflict of interests in a particular matter. (c) When a complaint of a violation of any provision of this chapter is lodged against a member of the Town of Graysville's governing body, the governing body shall either determine that the complaint has merit, determine that the complaint does not have merit, or determine that the complaint has sufficient merit to warrant further investigation. If the governing body determines that a complaint warrants further investigation, it shall authorize an investigation by the city attorney or another individual or entity chosen by the governing body. (3) The interpretation that a reasonable person in the circumstances would apply shall be used in interpreting and enforcing this code of ethics. (4) When a violation of this code of ethics also constitutes a violation of a personnel policy, rule, or regulation or a civil service policy, rule, or regulation, the violation shall be dealt with as a violation of the personnel or civil service provisions rather than as a violation of this code of ethics. (as added by Ord. #1246, Jan. 2007) Violations. An elected official or appointed member of a separate municipal board, commission, committee, authority, corporation, or other instrumentality who violates any provision of this chapter is subject to punishment as provided by the Town of Graysville's charter or other applicable law, and in addition is subject to censure by the governing body. An appointed official or an employee who violates any provision of this chapter is subject to disciplinary action. (as added by Ord. #1246, Jan. 2007)

21 Change 6, November 9, CHAPTER 7 MUNICIPAL ELECTIONS SECTION Non-resident owners vote by absentee only Non-resident owners vote by absentee only. In accord with , Tennessee Code Annotated, the City of Graysville, Tennessee nonresident property owners shall cast their municipal ballots as absentee mail ballots. (as added by Ord. #2015-2, May 2015)

22 Change 5, August 1, TITLE 2 BOARDS AND COMMISSIONS, ETC. CHAPTER 1. PARKS AND RECREATION BOARD. 2. LIBRARY BOARD. SECTION Created Members Severability. CHAPTER 1 PARKS AND RECREATION BOARD Created. Be it ordained by the Board of Mayor and Commissioners of the Town of Graysville, Tennessee that there is hereby created a park and recreation board. Said board shall have all duties and powers pursuant to Tennessee Code Annotated, chapter 9, and shall be an administrative board with the chairperson serving as recreation director. (as added by Ord. # , Jan. 2008) Members. Be it further ordained that the following bona fide citizens of seven (7) shall hold elections each November for chairperson, vice chairperson and secretary. (as added by Ord. # , Jan. 2008) Severability. The invalidity of any section, subsection, paragraph, sentence, or clause in the municipal code shall not affect the validity of any other portion of said code, and only any portion declared to be invalid by a court of competent jurisdiction shall by deleted therefrom. (as added by Ord. # , Jan. 2008)

23 Change 6, November 9, CHAPTER 2 LIBRARY BOARD SECTION Library board established Appointment and tenure of members; filling vacancies Removal from office; filling of vacancies Powers and duties of library board Use of library Date of effect Library board established. There is hereby established a library board which shall consist of seven (7) members, who shall serve without compensation. (as added by Ord. # , Oct. 2008) Appointment and tenure of members; filling vacancies. Three (3) members of the library board shall be appointed by the mayor and board of commissioners for one (1) year, two (2) for two (2) years and two (2) for three (3) years, and their successors for a term of three (3) years. Not more than one (1) official each of the county and of the town governing bodies shall serve on this board. Vacancies in the library board occurring otherwise than by normal expiration of a term shall be filled by the mayor and board of commissioners for the unexpired portion of the term. (as added by Ord. # , Oct. 2008, and amended by Ord. #2012-6, Nov. 2012) Removal from office; filling of vacancies. Any member of the library board may be removed from office by majority vote of the mayor and board of commissioners for failing to attend meetings of the board, for any other neglect of duties as such member or for any misconduct in office. (as added by Ord. # , Oct. 2008) Powers and duties of library board. The members of the library board shall organize by electing officers and adopting by-laws and regulations. The board has the power to direct all the affairs of the library, with the exception of appointment of employees. Such board may receive donations, devises and bequests to be used by it directly for library purposes. The library board shall furnish to the state library agency such statistics and information as may be required, and shall make monthly reports to the mayor and board of commissioners. Annually, the library board shall submit a budget in conformance with the town charter to the town recorder who shall forward to the mayor and board of commissioners. All town tax funds and appropriate fees for library purposes, whether raised by bonds or taxation, shall be held by the town recorder or appropriate designee. Such funds may be disbursed when properly

24 Change 5, August 1, drawn upon by requisitions. Proceeds from the sale of surplus books by the town library may be credited to such special fund in the discretion of the library board. All library accounts of every character and kind shall be audited annually by or under the supervision and direction of the mayor and board of commissioners. (as added by Ord. # , Oct. 2008) Use of library. The Town of Graysville Public Library shall be free to the inhabitants and residents of the town; however, the board may, in its discretion, extend the privilege and facilities of the library to persons residing outside the town upon terms as it may deem proper. The library board shall have power to make and enforce rules providing penalties for loss of or injury to library property. (as added by Ord. # , Oct. 2008) Date of effect. The ordinance comprising this chapter shall take effect from and after its final passage, the public welfare requiring it. (as added by Ord. # , Oct. 2008)

25 3-1 TITLE 3 MUNICIPAL COURT 1 CHAPTER 1. TOWN JUDGE. 2. COURT ADMINISTRATION. 3. WARRANTS, SUMMONSES AND SUBPOENAS. 4. BONDS AND APPEALS. SECTION Town judge. CHAPTER 1 TOWN JUDGE Town judge. (1) Appointment and term. There shall be a town judge who shall handle judicial matters within the town. The town judge shall be appointed by the board of commissioners. Vacancies in the office of the city judge arising from resignation, disqualification or for any other reason whatsoever, shall be filled by the board of commissioners. (2) Temporary town judge. In the event the town judge is either absent or unable to act, or is disqualified from sitting in any particular case, the town judge is hereby authorized to appoint a temporary judge to act during the absence, inability to act or disqualification. The board of commissioners shall appoint a temporary judge should the absence exceed two (2) consecutive sessions of the town court. The temporary town judge shall have all the qualifications required, and powers, of the town judge. (as amended by Ord. #1997-8, Jan. 1998) 1 Charter references Municipal court, town judge: Sec. 18.

26 Change 6, November 9, CHAPTER 2 COURT ADMINISTRATION SECTION Maintenance of docket Maintaining the court Disposition and report of fines, penalties, and costs Disturbance of proceedings Failure to appear Litigation tax Maintenance of docket. The town judge shall keep a complete docket of all matters coming before him in his judicial capacity. The docket shall include for each defendant such information as his name; warrant and/or summons numbers; alleged offense; disposition; fines, penalties, and costs imposed and whether collected; whether committed to workhouse; and all other information which may be relevant Maintaining the court. (1) Court costs are designed to offset the cost of maintaining the court. There will be uniform court cost for all charges. (2) The town judge is authorized to assess a fine not to exceed fifty dollars ($50.00) in addition to the court cost. (3) The court cost is set at one hundred forty-four dollars ($144.00) per citation. (4) The invalidity of any section, subsection, paragraph, sentence, or clause in the municipal code shall not affect the validity of any other portion of said code; any portion declared to be invalid by a court of competent jurisdiction shall be deleted therefrom. (as replaced by Ord. # , Dec. 2008) Disposition and report of fines, penalties, and costs. All funds coming into the municipal town court in the form of fines, penalties, costs, and forfeitures shall be recorded by the court clerk and paid over daily to the town. At the end of each month he shall submit to the board of commissioners a report accounting for the collection or noncollection of all fines, penalties, and costs imposed by his court during the current month and to date for the current fiscal year Disturbance of proceedings. It shall be unlawful for any person to create any disturbance of any trial before the municipal court by making loud or unusual noises, by using indecorous, profane, or blasphemous language, or by any distracting conduct whatsoever.

27 Change 6, November 9, Failure to appear. 1 Failure of an offender to appear for trial in the town court after the proper issuance of an ordinance summons shall cause a FTA judgment not to exceed fifty dollars ($50.00) against the offender in addition to court cost. (as added by Ord. # , Jan. 2011) Litigation tax. (1) On cases in city court there is hereby levied a city litigation tax to match the state litigation tax of thirteen dollars and seventy five cents ($13.75). (2) The privilege taxes levied pursuant to this section shall be paid to the city recorder monthly to be used to assist in paying for the operation of city court and for the police department. (as added by Ord. #2017-4, July 2017) 1 State law reference Tennessee Code Annotated, ;

28 3-4 CHAPTER 3 WARRANTS, SUMMONSES AND SUBPOENAS SECTION Issuance of arrest warrants Issuance of summonses Issuance of subpoenas Issuance of arrest warrants. 1 The town judge shall have the power to issue warrants for the arrest of persons charged with violating municipal ordinances Issuance of summonses. When a complaint of an alleged ordinance violation is made to the town judge, the judge may in his discretion, in lieu of issuing an arrest warrant, issue a summons ordering the alleged offender personally to appear before the municipal court at a time specified therein to answer to the charges against him. The summons shall contain a brief description of the offense charged but need not set out verbatim the provisions of the municipal code or ordinance alleged to have been violated. Upon failure of any person to appear before the municipal court as commanded in a summons lawfully served on him, the cause may be proceeded with ex parte, and the judgment of the court shall be valid and binding subject to the defendant's right of appeal Issuance of subpoenas. The town judge may subpoena as witnesses all persons whose testimony he believes will be relevant and material to matters coming before his court, and it shall be unlawful for any person lawfully served with such a subpoena to fail or neglect to comply therewith. 1 State law reference For authority to issue warrants see Tennessee Code Annotated, title 40, chapter 6.

29 3-5 CHAPTER 4 BONDS AND APPEALS SECTION Appearance bonds authorized Appeals Bond amounts, conditions, and forms Appearance bonds authorized. When the town judge is not available or when an alleged offender requests and has reasonable grounds for a delay in the trial of his case, he may, in lieu of remaining in jail pending disposition of his case, be allowed to post an appearance bond with the town judge or, in the absence of the judge, with the municipal court clerk, or in the absence of the municipal court clerk, with the ranking police officer on duty at the time, provided such alleged offender is not under the influence of alcohol or drugs Appeals. Any defendant who is dissatisfied with any judgment of the municipal court against him may, within ten (10) days 1 next after such judgment is rendered, appeal to the next term of the circuit court upon posting a proper appeal bond Bond amounts, conditions, and forms. An appearance bond in any case before the municipal court shall be in such amount as the town judge shall prescribe and shall be conditioned that the defendant shall appear for trial before the municipal court at the stated time and place. An appeal bond in any case shall be in such sum as the town judge shall prescribe, not to exceed the sum of two hundred and fifty dollars ($250.00), and shall be conditioned that if the circuit court shall find against the appellant the fine or penalty and all costs of the trial and appeal shall be promptly paid by the defendant and/or his sureties. An appearance or appeal bond in any case may be made in the form of a cash deposit or by any corporate surety company authorized to do business in Tennessee or by two (2) private persons who individually own real property within the county. No other type bond shall be acceptable. 1 State law reference Tennessee Code Annotated, section

30 4-1 TITLE 4 MUNICIPAL PERSONNEL CHAPTER 1. IN GENERAL. 2. SOCIAL SECURITY. 3. OCCUPATIONAL SAFETY AND HEALTH PROGRAM. 4. TRAVEL REIMBURSEMENT REGULATIONS CHAPTER 1 IN GENERAL SECTION Employment of town personnel Supervision of town personnel Employment of town personnel. (1) Any individual desiring to be employed by said town shall first complete an application and submit it to the secretary/treasurer. (2) The recorder shall be the individual responsible for preparing the necessary form for application. (3) Upon receipt of application, the recorder shall present said application with a statement of necessity if any exists for the hiring of additional personnel to the board meeting in public assembly at its next regularly scheduled meeting. (4) The board shall evaluate the applications and those of any others presented at anytime up to and including the consideration by the board and determine the employment needs of the town and who shall be hired to meet same. (5) Said hiring shall be done by simple motion, public necessity requiring it. (6) Any increase beyond the previously budgeted funds for salaries and personnel shall be made by ordinance pursuant to the charter of the town. (7) This chapter shall not apply to any of the charter designated officers of the town. (Ord. # ) Supervision of town personnel. Individuals employed by the Town of Graysville shall perform duties under the supervision of the recorder or some other person designated by the board of commissioners. The board of commissioners shall submit orders for work to be performed either in writing or orally to the recorder or such other designated person. (Ord. # )

31 4-2 CHAPTER 2 SOCIAL SECURITY SECTION Policy and purpose as to coverage Necessary agreements to be executed Withholdings from salaries or wages Appropriations for employer's contributions Records and reports Exemptions from coverage Policy and purpose as to coverage. It is hereby declared to be the policy and purpose of this town to provide for all eligible employees and officials of the town, whether employed in connection with a governmental or proprietary function, the benefits of the system of federal old age and survivors insurance. In pursuance of said policy, and for that purpose, the town shall take such action as may be required by applicable state and federal laws or regulations Necessary agreements to be executed. The mayor is hereby authorized and directed to execute all the necessary agreements and amendments thereto with the state executive director of old age insurance, as agent or agency, to secure coverage of employees and officials as provided in the preceding section Withholdings from salaries or wages. Withholdings from the salaries or wages of employees and officials for the purpose provided in the first section of this chapter are hereby authorized to be made in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state or federal agency designated by said laws or regulations Appropriations for employer's contributions. There shall be appropriated from available funds such amounts at such times as may be required by applicable state or federal laws or regulations for employer's contributions, and the same shall be paid over to the state or federal agency designated by said laws or regulations Records and reports. The recorder shall keep such records and make such reports as may be required by applicable state and federal laws or regulations Exemptions from coverage. There is hereby exempted from this chapter any authority to make any agreement with respect to any position, any

32 employee or official not authorized to be covered by applicable state and federal laws or regulations. 4-3

33 Change 6, November 9, CHAPTER 3 OCCUPATIONAL SAFETY AND HEALTH PROGRAM 1 SECTION Title Purpose Coverage Standards authorized Variances from standards authorized Administration Funding the program plan Title. This section shall be known as "The Occupational Safety and Health Program Plan" for the employees of the City of Graysville. (Ord. #1999-5, Sept. 1999, as replaced by Ord. #2013-5, Nov. 2013) Purpose. The Graysville Mayor and Board of Commissioners is electing to update the established Program Plan will maintain an effective and comprehensive Occupational Safety and Health Program Plan for its employees and shall: (1) Provide a safe and healthful place and condition of employment that includes: (a) Top management commitment and employee involvement; (b) Continually analyze the worksite to identify all hazards and potential hazards; (c) Develop and maintain methods for preventing or controlling the existing or potential hazards; and (d) Train managers, supervisors, and employees to understand and deal with worksite hazards. (2) Acquire, maintain and require the use of safety equipment, personal protective equipment and devices reasonably necessary to protect employees. (3) Record, keep, preserve, and make available to the commissioner of labor and workforce development, or persons within the department of labor and workforce development to whom such responsibilities have been delegated, adequate records of all occupational accidents and illnesses and personal injuries for proper evaluation and necessary corrective action as required. (4) Consult with the commissioner of labor and workforce development with regard to the adequacy of the form and content of records. 1 Any and all amendments to OSHA ordinance # may be found in the office of the recorder.

34 Change 6, November 9, (5) Consult with the commissioner of labor and workforce development, as appropriate, regarding safety and health problems which are considered to be unusual or peculiar and are such that they cannot be achieved under a standard promulgated by the state. (6) Provide reasonable opportunity for the participation of employees in the effectuation of the objectives of this program plan, including the opportunity to make anonymous complaints concerning conditions or practices injurious to employee safety and health. (7) Provide for education and training of personnel for the fair and efficient administration of occupational safety and health standards, and provide for education and notification of all employees of the existence of this program plan. (Ord. #1999-5, Sept. 1999, as replaced by Ord. #2013-5, Nov. 2013) Coverage. The provisions of the Occupational Safety and Health Program Plan for the employees of the City of Graysville shall apply to all employees of each administrative department, commission, board, division, or other agency whether part-time or full-time, seasonal or permanent. (Ord. #1999-5, Sept. 1999, as replaced by Ord. #2013-5, Nov. 2013) Standards authorized. The occupational safety and health standards adopted by the Graysville Mayor and Board of Commissioners are the same as, but not limited to, the State of Tennessee Occupational Safety and Health Standards promulgated, or which may be promulgated, in accordance with section 6 of the Tennessee Occupational Safety and Health Act of 1972 (Tennessee Code Annotated, title 50, chapter 3). (Ord. #1999-5, Sept. 1999, as replaced by Ord. #2013-5, Nov. 2013) Variances from standards authorized. Upon written application to the Commissioner of Labor and Workforce Development of the State of Tennessee, we may request an order granting a temporary variance from any approved standards. Applications for variances shall be in accordance with Rules of Tennessee Department of Labor and Workforce Development Occupational Safety and Health, VARIANCES FROM OCCUPATIONAL SAFETY AND HEALTH STANDARDS, CHAPTER , as authorized by Tennessee Code Annotated, title 50. Prior to requesting such temporary variance, we will notify or serve notice to our employees, their designated representatives, or interested parties and present them with an opportunity for a hearing. The posting of notice on the main bulletin board shall be deemed sufficient notice to employees. (Ord. #1999-5, Sept. 1999, as replaced by Ord. #2013-5, Nov. 2013) Administration. For the purposes of this ordinance, the city recorder is designated as the safety director of occupational safety and health

35 Change 6, November 9, to perform duties and exercise powers assigned to plan, develop, and administer this program plan. The safety director shall develop a plan of operation 1 for the program plan in accordance with Rules of Tennessee Department of Labor and Workforce Development Occupational Safety and Health, SAFETY AND HEALTH PROVISIONS FOR THE PUBLIC SECTOR, CHAPTER , as authorized by Tennessee Code Annotated, title 50. (Ord. #1999-5, Sept. 1999, as replaced by Ord. #2013-5, Nov. 2013) Funding the program plan. Sufficient funds for administering and staffing the program plan pursuant to this ordinance shall be made available as authorized by the Graysville Mayor and Board of Commissioners. (Ord. #1999-5, Sept. 1999, as replaced by Ord. #2013-5, Nov. 2013) 1 The plan of operation for the Graysville Occupational Safety and Health Program Plan is included as Appendix A.

36 Change 5, August 1, CHAPTER 4 TRAVEL REIMBURSEMENT REGULATIONS SECTION Purpose Enforcement Travel policy Travel reimbursement rate schedules Administrative procedures Purpose. The purpose of this chapter and referenced regulations is to bring the town into compliance with Tennessee Code Annotated, This law requires Tennessee municipalities to adopt travel and expense regulations covering expenses incurred by "any mayor and any member of the local governing body and any board or committee member elected or appointed by the mayor or local governing body, and any official or employee of the municipality whose salary is set by charter or general law." To provide consistent travel regulations and reimbursement, this chapter is expanded to cover regular town employees. It is the intent of this policy to assure fair and equitable treatment to all individuals traveling on town business at town expense. (Ord. #1999-6, Aug. 1999, as replaced by Ord. # , Jan. 2011) Enforcement. The Chief Administrative Officer (CAO) of the town or his or her designee shall be responsible for the enforcement of these travel regulations. (Ord. #1999-6, Aug. 1999, as replaced by Ord. # , Jan. 2011) Travel policy. (1) In the interpretation and application of this chapter, the term "traveler" or "authorized traveler" means any elected or appointed municipal officer or employee, including members of municipal boards and committees appointed by the mayor or the municipal governing body, and the employees of such boards and committees who are traveling on official municipal business and whose travel was authorized in accordance with this chapter. "Authorized traveler" shall not include the spouse, children, other relatives, friends, or companions accompanying the authorized traveler on town business, unless the person(s) otherwise qualifies as an authorized traveler under this chapter. (2) Authorized travelers are entitled to reimbursement of certain expenditures incurred while traveling on official business for the town. Reimbursable expenses shall include expenses for transportation; lodging; meals; registration fees for conferences, conventions and seminars; and other actual and necessary expenses related to official business as determined by the

37 Change 5, August 1, CAO. Under certain conditions, entertainment expenses may be eligible for reimbursement. (3) Authorized travelers can request either a travel advance for the projected cost of authorized travel, or advance billing directly to the town for registration fees, air fares, meals, lodging, conferences and similar expenses. Travel advance requests are not considered documentation of travel expenses. If travel advances exceed documented expenses, the traveler must immediately reimburse the town. It will be the responsibility of the CAO to initiate action to recover any undocumented travel advances. (4) Travel advances are available only for special travel and only after completion and approval of the travel authorization form. (5) The travel expense reimbursement form will be used to document all expense claims. (6) To qualify for reimbursement, travel expenses must be: (a) Directly related to the conduct of the town business for which travel was authorized; and (b) Actual, reasonable and necessary under the circumstances. The CAO may make exceptions for unusual circumstances. Expenses considered excessive will not be allowed. (7) Claims of five dollars ($5.00) or more for travel expense reimbursement must be supported by the original paid receipt for lodging, vehicle rental, phone call, public carrier travel, conference fee and other reimbursable costs. (8) Any person attempting to defraud the town or misuse town travel funds is subject to legal action for recovery of fraudulent travel claims and/or advances. (9) Mileage and motel expenses incurred within the town are not ordinarily considered eligible expenses for reimbursement. (Ord. #1999-6, Aug. 1999, as replaced by Ord. # , Jan. 2011) Travel reimbursement rate schedules. Authorized travelers shall be reimbursed according to the federal travel regulation rates. The town's travel reimbursement rates will automatically change when the federal rates are adjusted. The municipality may pay directly to the provider for expenses such as meals, lodging and registration fees for conferences, conventions, seminars and other education programs. (Ord. #1999-6, Aug. 1999, as replaced by Ord. # , Jan. 2011) Administrative procedures. The town adopts and incorporates by reference, as if fully set out herein, the administrative procedures submitted by MTAS to, and approved by letter by, the Comptroller of the Treasury, State of Tennessee. A copy of the administrative procedures is on file in the office of the