THE LEXINGTON MUNICIPAL CODE

Transcription

1 THE LEXINGTON MUNICIPAL CODE Prepared by the MUNICIPAL TECHNICAL ADVISORY SERVICE INSTITUTE FOR PUBLIC SERVICE THE UNIVERSITY OF TENNESSEE in cooperation with the TENNESSEE MUNICIPAL LEAGUE July 1998

2 Change 6, September 3, 2013 CITY OF LEXINGTON, TENNESSEE MAYOR David Jowers ALDERMEN Waylon Buck John Casselberry Peggy Gilbert Jeff Griggs Jack Johnson Gordon Wildridge Sandra Wood RECORDER Sue Wood ii

3 PREFACE The Lexington Municipal Code contains the codification and revision of the ordinances of the City of Lexington, 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 significant 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 city's ordinance book or the city recorder for a comprehensive and up to date review of the city's ordinances. Following this preface is an outline of the ordinance adoption procedures, if any, prescribed by the city'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 city is kept in a separate ordinance book and forwarded to MTAS annually. (3) That the city agrees to pay the annual update fee as provided in the MTAS codification service charges policy in effect at the time of the update. When the foregoing conditions are met MTAS will reproduce replacement pages for the code to reflect the amendments and additions made by such iii

4 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 Bobbie J. Sams, the MTAS Word Processing Specialist who did all the typing on this project, and Tracy G. Gardner, Administrative Services Assistant, is gratefully acknowledged. Steve Lobertini Codification Specialist iv

5 ORDINANCE ADOPTION PROCEDURES PRESCRIBED BY THE CITY CHARTER 1 1 There are no ordinance adoption procedures in the City of Lexington charter. Ordinance adoption procedures appear in code v

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10 Change 4, May 5, TITLE 1 GENERAL ADMINISTRATION 1 CHAPTER 1. BOARD OF MAYOR AND ALDERMEN. 2. MAYOR. 3. RECORDER. 4. CODE OF ETHICS. CHAPTER 1 BOARD OF MAYOR AND ALDERMEN SECTION Time and place of regular meetings Order of business General rules of order Ordinance adoption procedures Time and place of regular meetings. The board of mayor and aldermen shall hold regular meetings at 6:00 P.M. on the first (1st) Tuesday following the first (1st) Monday of each month at the Lexington City Hall. If the regular meeting falls on a day observed as a holiday, the regular meeting shall be held at the same time and place on the third (3rd) Tuesday of the month. (as replaced by Ord. #200101, Feb. 2001, Ord. #200404, July 2004, Ord. #200601, Feb. 2006, and Ord. #200708, Oct. 2007) Order of business. At each meeting of the board of mayor and aldermen, the following regular order of business shall be observed unless dispensed with by a majority vote of the members present: (1) Call to order by the mayor. (2) Roll call by the recorder. (3) Reading of minutes of the previous meeting by the recorder, and approval or correction. 1 Charter references See the charter index, the charter itself, and footnote references to the charter in the front of this code. Municipal code references Building, electrical and gas inspectors: title 12. Fire department: title 7. Utilities: titles 18 and 19. Wastewater treatment: title 18. Zoning: title 14.

11 (4) Grievances from citizens. (5) Communications from the mayor. (6) Reports from committees, members of the board of mayor and aldermen, and other officers. (7) Old business. (8) New business. (9) Adjournment General rules of order. The rules of order and parliamentary procedure contained in Robert's Rules of Order, Newly Revised, shall govern the transaction of business by and before the board of mayor and aldermen 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 Ordinance adoption procedures. All ordinances of the City of Lexington, Tennessee shall be adopted upon two (2) readings. Each reading shall be twenty-four (24) hours apart. (Ord. #, April 1996) 1-2

12 1-3 CHAPTER 2 MAYOR 1 SECTION Generally supervises city's affairs Executes city's contracts To be bonded Generally supervises city's affairs. The mayor shall have general supervision of all city affairs and may require such reports from the officers and employees as he may reasonably deem necessary to carry out his executive responsibilities Executes city's contracts. The mayor shall execute all contracts as authorized by the board of mayor and aldermen To be bonded. The mayor shall be bonded in the sum of one hundred fifty thousand dollars ($150,000) with such surety as may be acceptable to the mayor and aldermen, before assuming the duties of his office. 1 Charter references Compensation: 13. Duties: 13. Election of mayor: 5.

13 Change 4, May 5, CHAPTER 3 RECORDER 1 SECTION To be bonded To keep minutes, etc To perform general administrative duties, etc To serve as the certified chief financial officer To be bonded. The recorder shall be bonded in the sum of one hundred fifty thousand dollars ($150,000) with such surety as may be acceptable to the mayor and aldermen, before assuming the duties of his office. The deputy recorder shall be bonded in the sum of twenty-five thousand dollars ($25,000) To keep minutes, etc. The recorder shall keep the minutes of all meetings of the mayor and aldermen and shall preserve the original copy of all ordinances in a separate ordinance book To perform general administrative duties, etc. The recorder shall perform all administrative duties for the mayor and aldermen and for the city which are not expressly assigned by the charter or this code to another corporate officer. The recorder shall also have custody of and be responsible for maintaining all corporate bonds, records, and papers in such fireproof vault or safe as the city shall provide To serve s the certified chief financial officer. As required by the Municipal Finance Officer Certification and Education Act of 2007, the city recorder, being financial agent of the city per section 13 of the Charter of the City of Lexington, shall become certified and compliant with requirements as set forth by and with this act. (as added by Ord. #200712, Oct. 2007) 1 Charter references Duties: 14. Election of recorder: 12.

14 Change 5, June 28, CHAPTER 4 CODE OF ETHICS SECTION Applicability Definitions and prohibited conduct Gift ban Gift ban exceptions Disposition of gifts Disclosure of personal interests by official with a vote Disclosure of personal interests in nonvoting matters City recorder to maintain a disclosure file Ethics complaints Violations Repealer clause City recorder to file copy of ordinance with Tennessee Ethics Commission Applicability. This chapter is the code of ethics for personnel of the municipality. It applies to all full-time and part-time elected or appointed officials and employees, whether compensated or not, including those of any separate board, commission, committee, authority, corporation, or other instrumentality appointed or created by the municipality. The words "municipal" and "municipality" include these separate entities. (as added by Ord. #200704, April 2007) Definitions and prohibited conduct. For the purposes of interpreting this chapter, the following words, terms, and phrases shall have the meanings ascribed to them in this section: (1) "City" means the municipality of Lexington, Tennessee. (2) "Gift" means the transfer or conveyance of anything of economic value, regardless of form, without adequate and lawful consideration. (3) "Immediate family" means parents, spouse and children. (4) "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, child(ren) or parent(s). (d) The words "employment interest" includes a situation in which an official or employee or a designated family member is

15 Change 5, June 28, negotiating possible employment with a person or organization that is the subject of the vote or that is to be regulated or supervised. (e) 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. (5) Personal interest of officers prohibited. (a) It is unlawful for any officer, committee member, director, or employee whose duty it is to vote for, let out, overlook, or in any manner to superintend any work or any contract in which the City of Lexington shall or may be interested, to be directly interested in any such contract. "Directly interested" means any contract with the official personally or with any business in which the official is the sole proprietor, a partner, or the person having the controlling interest. "Controlling interest" includes the individual with the ownership or control of the largest number of outstanding shares owned by any single individual or corporation. (b) It is unlawful for any officer, committee member, director, or employee whose duty it is to vote for, let out, overlook, or in any manner to superintend any work or any contract in which the City of Lexington shall or may be interested, to be indirectly interested in any such contract unless the officer publicly acknowledges such officer's interest. "Indirectly interested" means any contract in which the officer is interested but not directly so, but includes contracts where the officer is directly interested but is the sole supplier of goods or services in a municipality or county. (6) Interest of officer in municipal contracts prohibited. (a) No person holding office in the City of Lexington shall, during the time for which such person was elected or appointed, be capable of contracting with the City of Lexington for the performance of any work that is to be paid for out of the treasury. Nor shall such person be capable of holding or having any other direct interest in such a contract. "Direct interest" means any contract with any business in which the official is the sole proprietor, a partner, or the person having the controlling interest. "Controlling interest" includes the individual with the ownership or control of the largest number of outstanding shares owned by any single individual or corporation. (b) No officer in the City of Lexington shall be indirectly interested in any contract to which the city is a party unless the officer publicly acknowledges such officer's interest. "Indirectly interested" means any contract in which the officer is interested but not directly so, but includes contracts where the officer is directly interested but is the sole supplier of goods or services in a municipality. (as added by Ord. #200704, April 2007, and replaced by Ord. #201102, March 2011)

16 Change 4, May 5, Gift ban. Except as permitted in of this chapter, no covered official or employee, nor any immediate family member of a covered official or employee, shall intentionally or knowingly solicit or accept any gift as defined herein. (as added by Ord. #200704, April 2007) Gift ban exceptions. Section of this chapter is not applicable to the following: (1) Opportunities, benefits, and services that are available on the same conditions as for the general public. (2) Anything for which the covered officer or employee, or a member of his or her immediate family, pays the fair market value. (3) Any contribution that is lawfully made to the covered officer or employee's political campaign fund, or to that of his or her immediate family, including any activities associated with a fund-raising event in support of a political organization or candidate. (4) Educational materials provided for the purpose of improving or evaluating municipal programs, performance, or proposals. (5) A gift from a relative, meaning those persons related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great-uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiancé or fiancé. (6) Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (a) The history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; and (b) Whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (c) Whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members. (7) Food or refreshments not exceeding fifty dollars ($50.00) per person in value on a single calendar day; provided that the food or refreshments are:

17 Change 4, May 5, (a) Consumed on the premises from which they were purchased or prepared; or (b) Catered. For the purposes of this chapter, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means. (8) Food, refreshments, lodging, transportation, and other benefits resulting from the outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances. (9) Intra-governmental and intergovernmental gifts. For the purpose of this chapter, "intra-governmental gift" means any gift that is given to an officer or employee from another officer or employee, and "intergovernmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity. (10) Bequests, inheritances, and other transfers at death. (11) Ceremonial gifts or awards which have insignificant monetary value. (12) Unsolicited gifts of nominal value or trivial items of informational value. (as added by Ord. #200704, April 2007) Disposition of gifts. An officer or employee, his or her spouse or an immediate family member, does not violate this chapter if the recipient promptly takes reasonable action to return a prohibited gift to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under section 501(c) (3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded. (as added by Ord. #200704, April 2007) Disclosure of personal interests by official with a 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 the official's vote on the measure. Additionally, the official may recuse himself or herself from voting on the measure. (as added by Ord. #200704, April 2007) Disclosure of personal interests in nonvoting 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 the exercise of discretion shall disclose, before the exercise of the discretion when possible, the interest on a form provided by and filed with the city recorder. In addition, the official or employee may, to the extent allowed by law,

18 Change 4, May 5, charter, ordinance, or policy, recuse himself or herself from the exercise of discretion in the matter. (as added by Ord. #200704, April 2007) City recorder to maintain a disclosure file. The city recorder shall keep and maintain all financial disclosure statements required to be filed herein as public records and shall retain them for a period of five (5) years after which the statements shall be destroyed. (as added by Ord. #200704, April 2007) Ethics complaints. (1) The city attorney is designated as the ethics officer of the city. Upon the written request of an official or employee potentially affected by a provision of this chapter, the city attorney may render an oral or written advisory ethics opinion based upon this chapter and other applicable laws. (2) Except as otherwise provided in this chapter, 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 to end or seek retribution for any activity that, in the attorney's judgment, constitutes a violation of this chapter. The city attorney may request that the city council retain another attorney, individual, or entity to act as ethics officer when he has or will have a conflict of interests in a particular matter. (3) When a complaint of a violation of any provision of this chapter is lodged against the mayor or a member of the city council, the city council 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 city council determines that a complaint warrants further investigation, it shall authorize an investigation by the city attorney or another individual or entity chosen by the city council. (4) When a violation of this chapter also constitutes a violation of the city's personnel policies, rules, or regulations, the violation shall be dealt with as a violation of the personnel provisions rather than as a violation of this chapter. (as added by Ord. #200704, April 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 city charter or other applicable law and, in addition, is subject to censure by the city council. An appointed official or employee who violates any provision of this chapter is subject to disciplinary action up to, and including, termination of employment. (as added by Ord. #200704, April 2007)

19 Change 4, May 5, Repealer clause. Any and all other ordinances and parts of ordinances which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such in consistency. (as added by Ord. #200704, April 2007) City recorder to file copy of ordinance with Tennessee Ethics Commission. Upon adoption by the board of mayor and aldermen, the city recorder is hereby directed to file a duly signed and attested copy of the ordinance comprising this chapter with the Tennessee Ethics Commission, in compliance with Section 49 of Public Chapter No. 1 of the Extraordinary Sessions of the 2006 Tennessee General Assembly. (as added by Ord. #200704, April 2007)

20 Change 6, September 3, TITLE 2 BOARDS AND COMMISSIONS, ETC. CHAPTER 1. ELECTRIC GOVERNING BOARD. 2. GAS GOVERNING BOARD. 3. WATER AND WASTEWATER GOVERNING BOARD. CHAPTER 1 ELECTRIC GOVERNING BOARD SECTION Established Time and place of meetings Composition; appointment; terms Powers and duties Established. The Lexington Electric System Utility Board is hereby created and established. (as replaced by Ord. #200709, Oct. 2007, Ord. #201002, Sept. 2010, and Ord. #201209, June 2012) Time and place of meetings. The Lexington Electric System Utility Board shall hold regular monthly meetings at 6:00 P.M. on the fourth (4th) Tuesday of each month at the Lexington City Hall. If the regular meeting falls on a day observed as a holiday, the regular meeting shall be held at the same time and place on the fourth (4th) Thursday of the month or may be cancelled and business shall be carried forward to the next regular monthly meeting. Whenever, in the opinion of the chairman or three (3) aldermen, the welfare of the city requires it, the chairman or secretary shall call, and it shall be their respective duties to do so, special meetings of the Lexington Electric System Utility Board upon adequate written or other proper notice to each member served personally or left at their usual place of residence. (as added by Ord. #200709, Oct. 2007, and replaced by Ord. #201002, Sept and Ord. #201209, June 2012) Composition; appointment; terms. The governing body, which is comprised of the mayor and seven (7) aldermen, of the City of Lexington, shall have and perform all the powers, duties and responsibilities for the control and supervision of the Lexington Electric System. The board members shall take office upon the adoption of this chapter, and said board shall meet and organize by electing a chairman and such other

21 Change 6, September 3, officers as may be necessary. (as added by Ord. #200709, Oct. 2007, and replaced by Ord. #201002, Sept and Ord. #201209, June 2012) Powers and duties. (1) The governing board acting in said capacity has the power to take all steps and proceedings and to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers set forth herein. (2) The governing board shall act in all matters pertaining to the financing of the enterprise and the acquisition of any or all parts of the proposed works or extensions thereto by purchase, condemnation or construction; shall have the power to take action with regard to all matters pertaining to construction, improvements and repairs necessary to proper completion of the works; shall have the power to proceed with all matters and perform everything necessary to the proper operation of the works and collection of charges for service rendered, subject only to the limitation of funds available for operation and maintenance. (3) The governing board may appoint, promote, suspend, transfer and remove any officer or employee of Lexington Electric System; or the board may, in the board's discretion, authorize the chairman or head of a department or officer responsible to the board to take such actions regarding subordinates in such department or office. The board shall appoint such heads of administrative offices or organizational units, as the board deems necessary. The board may combine any such administrative offices herein or otherwise established. (as added by Ord. #201209, June 2012)

22 Change 4, May 5, CHAPTER 2 GAS GOVERNING BOARD SECTION Established Time and place of meetings Composition; appointment; terms Powers and duties Established. The Lexington Gas System Utility Board is hereby created and established. (Ord. of, 1987, as replaced by Ord. #200710, Oct. 2007) Time and place of meetings. The Lexington Gas System Utility Board shall hold regular monthly meetings at 6:00 P.M. on the fourth (4th) Tuesday of each month at the Lexington City Hall. If the regular meeting falls on a day observed as a holiday, the regular meeting shall be held at the same time and place on the fourth (4th) Thursday of the month or may be cancelled and business shall be carried forward to the next regular monthly meeting. Whenever, in the opinion of the chairman or three (3) aldermen, the welfare of the city requires it, the chairman or secretary shall call, and it shall be their respective duties to do so, special meetings of the Lexington Gas System Utility Board upon adequate written or other proper notice to each member served personally or left at their usual place of residence. (Ord. of, 1987, as replaced by Ord. #200710, Oct. 2007) Composition; appointment; terms. Pursuant to Tennessee Code Annotated, , the governing body, which is comprised of the mayor and seven (7) aldermen, of the City of Lexington, shall have and perform all the powers, duties and responsibilities conferred upon a board of commissioners as provided in Tennessee Code Annotated, , for the control and supervision of the water and sewer works. The board members shall take office upon the adoption of this chapter, and said board shall meet and organize by electing a chairman and such other officers as may be necessary. (as added by Ord. #200710, Oct. 2007) Powers and duties. (1) The governing board acting in said capacity has the power to take all steps and proceedings and to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers set forth herein. (2) The governing board shall act in all matters pertaining to the financing of the enterprise and the acquisition of any or all parts of the proposed works or extensions thereto by purchase, condemnation or construction; shall

23 Change 4, May 5, have the power to take action with regard to all matters pertaining to construction, extensions, improvements and repairs necessary to proper completion of the works; shall have the power to proceed with all matters and perform everything necessary to the proper operation of the works and collection of charges for service rendered, subject only to the limitation of funds available for operation and maintenance. (3) The governing board may appoint, promote, suspend, transfer and remove any officer or employee of Lexington Water Systems; or the board may, in the board's discretion, authorize the chairman or head of a department or officer responsible to the board to take such actions regarding subordinates in such department or office. The board shall appoint such heads of administrative offices or organizational units, as the board deems necessary. The board may combine any such administrative offices herein or otherwise established. (as added by Ord. #200710, Oct. 2007)

24 Change 4, May 5, CHAPTER 3 WATER AND WASTEWATER GOVERNING BOARD SECTION Established Time and place of meetings Composition; appointment; terms Powers and duties Established. The Lexington Water Systems Utility Board is hereby created and established. (as added by Ord. #200711, Oct. 2007) Time and place of meetings. (1) The Lexington Water Systems Utility Board shall hold regular monthly meetings immediately following the Lexington Gas System Board meetings at 6:00 P.M. on the fourth (4th) Tuesday of each month at the Lexington City Hall. If the regular meeting falls on a day observed as a holiday, the regular meeting shall be held at the same time and place on the fourth (4th) Thursday of the month or may be cancelled and business shall be carried forward to the next regular monthly meeting. (2) Whenever, in the opinion of the chairman or three (3) aldermen, the welfare of the city requires it, the chairman or secretary shall call, and it shall be their respective duties to do so, special meetings of the Lexington Water Systems Utility Board upon adequate written or other proper notice to each member served personally or left at their usual place of residence. (as added by Ord. #200711, Oct. 2007) Composition; appointment; terms. (1) Pursuant to Tennessee Code Annotated, , the governing body, which is comprised of the mayor and seven (7) aldermen, of the City of Lexington, shall have and perform all the powers, duties and responsibilities conferred upon a board of commissioners as provided in Tennessee Code Annotated, , for the control and supervision of the water and sewer works. (2) The board members shall take office upon the adoption of this chapter, and said board shall meet and organize by electing a chairman and such other officers as may be necessary. (as added by Ord. #200711, Oct. 2007) Powers and duties. (1) The governing board acting in said capacity has the power to take all steps and proceedings and to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers set forth herein. (2) The governing board shall act in all matters pertaining to the financing of the enterprise and the acquisition of any or all parts of the proposed works or extensions thereto by purchase, condemnation or construction; shall

25 Change 4, May 5, have the power to take action with regard to all matters pertaining to construction, extensions, improvements and repairs necessary to proper completion of the works; shall have the power to proceed with all matters and perform everything necessary to the proper operation of the works and collection of charges for service rendered, subject only to the limitation of funds available for operation and maintenance. (3) The governing board may appoint, promote, suspend, transfer and remove any officer or employee of Lexington Water Systems; or the board may, in the board's discretion, authorize the chairman or head of a department or officer responsible to the board to take such actions regarding subordinates in such department or office. The board shall appoint such heads of administrative offices or organizational units, as the board deems necessary. The board may combine any such administrative offices herein or otherwise established. (as added by Ord. #200711, Oct. 2007)

26 Change 4, May 5, TITLE 3 MUNICIPAL COURT 1 CHAPTER 1. CITY JUDGE. 2. COURT ADMINISTRATION. 3. WARRANTS, SUMMONSES AND SUBPOENAS. 4. BONDS AND APPEALS. SECTION City judge Jurisdiction. CHAPTER 1 CITY JUDGE City judge. (1) Appointment and term. The city judge shall be appointed by the board of mayor and aldermen and shall serve at the will and pleasure of the board of mayor and aldermen. Vacancies in the office of the city judge arising from resignation, disqualification or for any other reason whatsoever, shall be filled in the same manner and prescribed for the appointment of the city judge. (2) Qualifications. The city judge shall be a minimum of thirty (30) years of age and be a resident of Henderson County. If the city judge for any reason removes his domicile from Henderson County after his appointment, the removal of his domicile shall automatically create a vacancy in the office of city judge. (3) Judge pro tem. During the absence of the city judge from his duties for any reason or at any time the office of the city judge is vacant, the board of mayor and aldermen may appoint a city judge pro tem to serve until the city judge returns to his duties or the office of city judge is no longer vacant. The city judge pro tem shall have all the qualifications required, and powers, of the city judge. (4) Salary. The sole compensation for serving as city judge shall be a salary fixed by the annual budget ordinance. (as replaced by Ord. #200510, Oct. 2005) 1 Charter reference Mayor as judge: 13.

27 Change 4, May 5, Jurisdiction. The city judge shall have the authority to try persons charged with the violation of municipal ordinances, and to punish persons convicted of such violations by levying a civil penalty under the general penalty provision of this code. (as added by Ord. #200510, Oct. 2005)

28 Change 5, June 28, CHAPTER 2 COURT ADMINISTRATION SECTION Maintenance of docket Imposition of fines, penalties, and costs Disposition and report of fines, penalties, and costs Disturbance of proceedings Trial and disposition of cases Maintenance of docket. The city 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 and costs imposed and whether collected; whether committed to workhouse; and all other information that may be relevant Imposition of fines, penalties, and costs. All fines, penalties and costs shall be imposed and recorded by the city judge on the city court docket in open court. In all cases heard or determined by the city judge, the city judge shall tax in the bill of costs in accordance with the following schedule: Traffic Cases Criminal Cases State litigation tax $ $ Clerk = cost and docketing Officers fees City litigation tax Data processing fee Fingerprint fee 5.00 Total costs $ $ (as replaced by Ord. #200505, June 2005, and Ord. #201004, Oct. 2010) Disposition and report of fines, penalties, and costs. All funds coming into the hands of the city judge in the form of fines, penalties, costs, and forfeitures shall be recorded by him and paid over daily to the city. At the end of each month he shall submit to the board of mayor and aldermen

29 a report accounting for the collection or non-collection of all fines 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 city court by making loud or unusual noises, by using indecorous, profane, or blasphemous language, or by any distracting conduct whatsoever Trial and disposition of cases. Every person charged with violating a municipal ordinance shall be entitled to an immediate trial and disposition of his case, provided the city court is in session or the city judge is reasonably available. However, the provisions of this section shall not apply when the alleged offender, by reason of drunkenness or other incapacity, is not in a proper condition or is not able to appear before the court. 3-4

30 3-5 CHAPTER 3 WARRANTS, SUMMONSES AND SUBPOENAS SECTION Issuance of arrest warrants Issuance of summonses Issuance of subpoenas Issuance of arrest warrants. 1 The city 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 city judge, the judge may in his discretion, in lieu of issuing an arrest warrant, issue a summons ordering the alleged offender to personally appear before the city 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 ordinance alleged to have been violated. Upon failure of any person to appear before the city 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 city 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.

31 3-6 CHAPTER 4 BONDS AND APPEALS SECTION Appearance bonds authorized Appeals Bond amounts, conditions, and forms Driver's license held as security in minor traffic violations Appearance bonds authorized. When the city 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 city judge or, in the absence of the judge, with the ranking police officer on duty at the time, provided such alleged offender is not drunk or otherwise in need of protective custody Appeals. Any defendant who is dissatisfied with any judgment of the city court against him may, within ten (10) days next after such judgment is rendered, Sundays exclusive, 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 city court shall be in such amount as the city judge shall prescribe and shall be conditioned that the defendant shall appear for trial before the city court at the stated time and place. An appeal bond in any case shall be in 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 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 located within the county. No other type bond shall be acceptable Driver's license held as security in minor traffic violations. (1) Any person arrested by a police officer for violating a traffic law shall be taken before a judge of the city court or before a clerk of such court for the posting of an appearance bond guaranteeing the appearance of such person 1 State law reference Tennessee Code Annotated,

32 before the city court to answer the charge for which arrested. In the alternative, whenever any person so arrested possesses a lawful chauffeur's or operator's license issued to such person by the department of safety of the State of Tennessee, except such persons as are charged with driving under the influence of intoxicant or narcotic drug or leaving the scene of an accident, may be given the option of depositing his chauffeur's or operator's license with the arresting officer or with the court in lieu of any other security or appearance bond. Whenever any person deposits his chauffeur's or operator's license as provided, either the arresting officer or the court demanding bail shall issue such person a receipt for said license upon a form approved or provided by the department of safety, and thereafter said person shall be permitted to operate a motor vehicle upon the public highways of this state during the pendency of the case in which the license was deposited. The clerk or judge of the city court accepting such license shall forward said license to the department of safety in the event the arrested person fails to appear to answer the charge against him and such license shall not be released by the department of safety until the charge for which such license was deposited has been disposed of by the court in which pending. (2) The arresting officer in all cases will deliver to the person arrested a citation on a form provided by the city recorder setting forth the violation for which the arrest was made and citing the arrested party to appear and answer the charge against him in the city court of the City of Lexington at a time at least forty-eight (48) hours after the alleged violation specified in said citation. (Ord. of May 2, 1972.) 3-7

33 Change 5, June 28, TITLE 4 MUNICIPAL PERSONNEL CHAPTER 1. PERSONNEL POLICY. 2. EMPLOYEES. 3. HIRING PROCEDURES. 4. BENEFITS. 5. ATTENDANCE REQUIREMENTS. 6. GRIEVANCE PROCEDURES. 7. STATE AND FEDERAL PERSONNEL MANDATES. 8. MISCELLANEOUS PERSONNEL POLICIES. 9. ETHICS POLICY. 10. DRUG POLICY. 11. COMMUNICATION SYSTEMS POLICY. 12. REPRIMANDS AND DISMISSALS. 13. ALTERNATIVE PENSION PLAN. 14. PERSONNEL POLICY CHANGES. SECTION General definitions Purpose At-will employer Coverage. CHAPTER 1 PERSONNEL POLICY General definitions. The following are definitions as used in this chapter of the Lexington Municipal Code: (1) "Board." The Board of Mayor and Aldermen for the City of Lexington, Lexington Gas System Board and/or Lexington Water Systems Board. (2) "Department head." Lexington Utilities General Manager, City of Lexington Recorder, police chief, fire chief, and/or public works director. (3) "Personnel department." Lexington Water Systems Administration Office, Lexington Gas System Administration Office, and/or the City of Lexington Recorder's Office. (4) "Personnel director." City recorder or their designee. (as replaced by Ord. #200801, Jan. 2008)

34 Change 5, June 28, Purpose. The purpose of this chapter is to establish a system of personnel administration for the employees of the City of Lexington, Tennessee. (as replaced by Ord. #200801, Jan. 2008) At-will employer. The City of Lexington, Tennessee is an at-will employer. Nothing in this chapter may be construed as creating a property right or contract right to any job for any employee. Employees may be dismissed for cause, for no cause, or for any cause as long as it does not tolerate federal and/or state law or the municipal charter. (as replaced by Ord. #200801, Jan. 2008) Coverage. The following personnel are not covered by this policy, unless otherwise provided: (1) All elected officials; (2) Members of appointed boards and commissions; (3) Consultants, advisers, and legal counsel rendering temporary professional service; (4) The city attorney; (5) Independent contractors and/or contract employees; (6) Volunteer personnel; (7) The city judge. All other employees of the municipal government are covered by this personnel policy. (as added by Ord. #200801, Jan. 2008)

35 Change 4, May 5, CHAPTER 2 EMPLOYEES SECTION Full-time Part-time Mandatory retirement age for police officers and firefighters Full-time. Full-time employees are individuals employed by the municipal government who are normally scheduled to work forty (40) hours per week. (as replaced by Ord. #200801, Jan. 2008) Part-time. Part-time employees are individuals who may not work on a daily basis or who may work on a daily basis fewer than eight (8) hours a day and may work less than an annual average of thirty-two (32) hours per week or who are temporary and/or seasonal employees. (as replaced by Ord. #200801, Jan. 2008) Mandatory retirement age for police officers and firefighters. Any persons employed in the positions of police officer or firefighter shall retire upon attaining "full retirement age" as determined by the Social Security Administration. Said retirement shall become effective upon the first day of the month following their reaching said age. (as added by Ord. #980006, Dec. 1998, and replaced by Ord. #200801, Jan. 2008)

36 Change 6, September 3, SECTION Policy statement Application Employment disqualification Interviews Pre-appointment exams Appointments, hirings, etc Probation. CHAPTER 3 HIRING PROCEDURES Policy statement. The primary objective of this hiring policy is to insure compliance with the law and to obtain qualified personnel to serve the citizens of the municipality. The municipality shall make reasonable accommodations in all hiring procedures for all persons with disabilities. (as replaced by Ord. #200801, Jan. 2008) Application. Persons seeking appointment or employment with the municipality must complete a standard application form provided by the municipal government. Applications for the associated divisions shall be available at the main business offices of Lexington Gas System, Lexington Water Systems, Lexington Police Department and Lexington City Hall during regular office hours only. Applications may also be made available on the City of Lexington web site. Some positions may require resumes to be submitted. Applications will remain on active status for six (6) months after accepted or until the job for which the application was submitted is filled, whichever period of time is less. (as replaced by Ord. #200801, Jan. 2008, and Ord. #201306, Aug. 2013) Employment disqualification. Any individual with a felony conviction within seven (7) years of making application is automatically disqualified for employment with the city. Additional restrictions may be placed on certain positions that require specific licenses or by state and or federal mandates. (as replaced by Ord. #200801, Jan. 2008) Interviews. All appointments will be preceded by an interview with one or more of the following: (1) The department head; (2) The department hiring committee; (3) The board. (as replaced by Ord. #200801, Jan. 2008)

37 Pre-appointment exams. For certain positions, the employee may be required to undergo a validated physical agility/ability examination related to the essential functions of the job; written and/or oral tests related to the essential functions of the job. Upon a conditional offer of employment, all prospective employees must undergo a medical examination to determine the employee's ability to perform the essential functions on the job and also a drug screen. For some positions a psychological examination will be required. Reasonable accommodations shall be made in the physical agility/ability exam for applicants with disabilities upon making a request for accommodations. (as replaced by Ord. #200801, Jan. 2008) Appointments, hirings, etc. All appointments/hirings shall be made or authorized by the board in accordance with lawful provisions of the municipal charter and code. Promotions and transfers shall be made by the department heads subject to approval by the CFO for budgetary purposes. (as amended by Ord. #200401, Jan. 2004, and replaced by Ord. #200801, Jan. 2008) Probation. Only performance on the job is sure proof that an individual is capable of performing their duties; therefore, new employees are required to serve a probationary period of ninety (90) days. This time protects both the individual and the city from a prolonged association unprofitable to either. During this period, the employee's performance and work will be subject to review as to their competence to fill the position. Only after successful completion of this probationary period will the individual be recognized as a regular full time employee and due benefits. (as added by Ord. #200801, Jan. 2008) 4-5

38 Change 6, September 3, SECTION Holidays Vacations Personal leave. CHAPTER 4 BENEFITS Holidays. (1) Generally, full-time employees are allowed a day (eight (8) hours) (ten (10) hours non salaried firemen) off with pay on the following holidays: (a) New Years Day; (b) Martin Luther King Day; (c) Good Friday; (d) Memorial Day; (e) Fourth of July; (f) Labor Day; (g) Veteran's Day; (h) Thanksgiving (2 days); (i) Christmas (2 days); (j) Bonus Day. (2) Employees must be in a pay status on the workday before and on the workday after the holiday, unless otherwise excused by the department head, to receive compensation for the holiday. (3) Bonus Day (j) shall be observed on a day designated by the mayor and used in combination with another holiday to allow for efficient, orderly work flow of city departments along with convenience of work scheduling to city employees. (4) Employees with a floating holiday schedule shall apply for equal time off on an alternate day. Application must be made seventy-two (72) hours (minimum) prior to date requested and be approved by the department head or his designee. Holidays cannot be accumulated. (5) Unless otherwise specified by the board of mayor and aldermen, holidays that fall on Sunday will be observed on the following Monday and those that fall on Saturday will be observed on the preceding Friday. (as replaced by Ord. #200801, Jan. 2008, and Ord. #201303, Feb. 2013) Vacations. (1) Vacation days are given to employees by the City of Lexington in appreciation of service. It is a time provided for a respite from work responsibilities so that employees can return to work with renewed vigor and a new outlook. Vacation days are given to eligible employees in amounts related to their length of continuous employment with the city as follows: