THE SOMERVILLE MUNICIPAL CODE

Transcription

1 THE SOMERVILLE MUNICIPAL CODE Prepared by the MUNICIPAL TECHNICAL ADVISORY SERVICE INSTITUTE FOR PUBLIC SERVICE THE UNIVERSITY OF TENNESSEE in cooperation with the TENNESSEE MUNICIPAL LEAGUE September 2003

2 Change 5, October 12, 2015 TOWN OF SOMERVILLE, TENNESSEE MAYOR Ronnie Neill (Acting Interim) VICE MAYOR Ronnie Neill ALDERMEN Judy Accardi John D. Douglas Mike French Jason Hamilton Sandra Myers ADMINISTRATOR/RECORDER/TREASURER Robert Turner ii

3 PREFACE The Somerville Municipal Code contains the codification and revision of the ordinances of the Town of Somerville, 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 town's ordinance book or the city 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. (3) That the town 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 ordinances. This service will be performed at least annually and more often if iii

4 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 Linda Dean, the MTAS Sr. Word Processing Specialist who did all the typing on this project, and Sandy Selvage, Administrative Services Assistant, is gratefully acknowledged. Steve Lobertini Codification Consultant iv

5 ORDINANCE ADOPTION PROCEDURES PRESCRIBED BY THE TOWN CHARTER SECTION 16. ORDINANCES (1) Each ordinance, or the caption of each ordinance, shall be published after its final passage in a newspaper of general circulation in the municipality. No ordinance shall take effect until the ordinance or its caption is published. (2) All ordinances shall be considered on two (2) separate days and may be passed by approval on both days by a majority of the members present, if a quorum is present by calling AYES and NAYS. A quorum is a majority of the board. All AYES and NAYS on all votes on all ordinances shall be recorded. v

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10 Change 2, November 12, TITLE 1 GENERAL ADMINISTRATION 1 CHAPTER 1. BOARD OF MAYOR AND ALDERMEN. 2. MAYOR. 3. RECORDER. 4. TREASURER. 5. CODE OF ETHICS. CHAPTER 1 BOARD OF MAYOR AND ALDERMEN 2 SECTION Time and place of regular meetings Order of business General rules of order Compensation of aldermen Time and place of regular meetings. The board of mayor and aldermen shall hold regular monthly meetings at 7:00 P.M. on the second Monday of each month at the city hall. (1975 Code, 1-101, modified) 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, plumbing, electrical and gas inspectors: title 12. Fire department: title 7. Utilities: titles 18 and 19. Wastewater treatment: title 18. Zoning: title Charter references Appointment and removal of officers and agents: 6. Election of board: 3. Oath of office: 5. Vacancies in office: 5.

11 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. (4) Comments from community. (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. (1975 Code, 1-102, modified) General rules of order. The rules of order and parliamentary procedure contained in Robert's Rules of Order, Newly Revised, 1990 (9th) Edition, 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. (1975 Code, 1-103, modified) Compensation of aldermen. The compensation of aldermen shall be two hundred dollars ($200.00) per month. (Ord. of March 9, 1972, modified) 1-2

12 1-3 CHAPTER 2 MAYOR SECTION Mayor to exercise general supervision over officers Mayor to report neglect, etc. to board May use citizens and police to quell riots, etc Duty to sign warrants, etc. for the payment of money To make record of warrants signed To make settlements with officers at May meeting Compensation of mayor Mayor to exercise general supervision over officers. The mayor shall have and exercise a general supervision and control over all town or corporation officers; and it shall be his duty to examine into the condition of their respective offices, the books, papers, and records therein and the manner of conducting their official duties; and shall call upon any officer, clerk, or deputy for information in relation to any matter pertaining to his office. All officers are required to give him free access to their office, books, and papers, for this purpose. (1975 Code, 1-201) Mayor to report neglect, etc. to board. He shall report to the board at any meeting all violation or neglect of duty on the part of any officer which may come to his knowledge. (1975 Code, 1-202) May use citizens and police to quell riots, etc. He is empowered to call to his assistance the town police and citizens of the town to aid him in preserving the peace, preventing or quelling any riot, rout, unlawful assembly or breach of the peace; and all such persons so called on by him shall be subject to his orders, while on the duty for which they are thus called. (1975 Code, 1-203) Duty to sign warrants, etc. for the payment of money. It shall be the duty of the mayor to sign his name officially on all orders or warrants for the payment of money, made by the board or the treasurer, and the treasurer shall pay no warrant or order without his signature. (1975 Code, 1-204) To make record of warrants signed. It shall be his duty, and the mayor is hereby required to note in a book kept for that purpose all warrants on the treasurer that he has signed, together with the date, amount, and name of payee. (1975 Code, 1-205)

13 To make settlements with officers at May meeting. It shall be the duty of the mayor in conjunction with two aldermen to be appointed, to settle with all town officers, recorder, treasurer, town marshal, and superintendent of water and light plant, which settlements shall be made and reported to the May meeting of the board each and every year, and said settlements shall be spread upon the minutes and that this section take effect on and after its passage. (1975 Code, 1-206) Compensation of mayor. The compensation of the mayor shall be seven hundred and fifty dollars ($750.00) per month. (Ord. of March 9, 1972, modified) 1-4

14 1-5 CHAPTER 3 RECORDER 1 SECTION Recorder to take oath Performance bond required Keep records of finances administered by office To issue license To keep minutes, etc Pay all money to treasurer To serve as tax assessor Tax books to be completed by the first of October Personally liable for city money Recorder to take oath. The recorder of the town before entering upon the duties of his office shall take and subscribe the following oath, to wit: "That I will as recorder of the Town of Somerville administer justice without respect to persons and faithfully and impartially perform all the duties incumbent upon me to the best of my skill and ability." (1975 Code, 1-301) Performance bond required. Before entering upon the duties of his office the recorder shall enter into bond in the sum of five thousand ($5,000) dollars, with sufficient surety to be approved of by the board of mayor and aldermen, payable to the State of Tennessee conditioned for the payment over to the treasurer of all sums which may come into his hands belonging to the corporation, and for the faithful discharge of his duty as recorder. (1975 Code, 1-302) Keep records of finances administered by office. The recorder shall keep a fair and true and regular account of all money arising from license, contracts, privileges, fines, and perfections, or in any manner or way belonging to the corporation coming into his hands, and shall make and exhibit an accurate statement thereof every month to the board, and pay all money in his hands belonging to the corporation into the treasury taking a receipt for same. (1975 Code, 1-303) To issue license. The recorder shall keep a well-bound book in which shall be fairly noted down all license by him granted, to whom granted, 1 Charter reference Appointment, duties, etc. of recorder: 13.

15 and for what purpose, with the several sums by him received therefore, and make report therefore to the board at each stated meeting. (1975 Code, 304) To keep minutes, etc. The recorder shall attend all meetings of the board and keep a faithful record of all their proceedings, and shall perform such other services as are or shall be required of him by the laws and this code of ordinances of the town. (1975 Code, 1-305) Pay all money to treasurer. The recorder shall just before making each monthly report to the board pay into the hands of the treasurer all money received by him as recorder from any and all sources belonging to the corporation, taking the treasurer's receipt therefor. (1975 Code, 1-306) To serve as tax assessor. The recorder shall be the assessor of taxes for the corporation and shall enter the assessments of real as well as personal property in a well-bound book suitably ruled, and in assessing the property he shall take the valuations of property as fixed by the "board of equalization" for the county and state. (1975 Code, 1-307) Tax books to be completed by the first of October. It shall be the duty of the recorder to complete the tax books by the first Monday in October of each and every year, and place the same in the hands of the officer charged with the collection of same, taking his receipt for same therefor. (1975 Code, 1-308) Personally liable for city money. For a failure, neglect or refusal, on the part of the recorder to pay into the hands of the treasurer any and all money which by the laws and this code of ordinances he is bound to pay at the time stipulated and appointed or for any violation or neglect of his duties as recorder, he and his sureties on his bond shall be liable to a motion or suit on his bond in the Circuit Court of Fayette County or before any tribunal having cognizance and jurisdiction of the same, for the amount of such defalcation on such damages as may result from a failure or neglect of duty on his part. (1975 Code, 1-309) 1-6

16 1-7 CHAPTER 4 TREASURER 1 SECTION Treasurer appointed by the board of mayor and aldermen Treasurer to take oath Performance bond required Treasurer is tax collector Warrant required for disbursement Treasurer to keep regular accounts Delivery of books to successor To make report to board To notify board upon failure of marshal or recorder Treasurer personally liable for city funds Treasurer appointed by the board of mayor and aldermen. At the first regular meeting of each succeeding board of mayor and aldermen every two years, there shall be elected by the board a treasurer who shall hold his office until his successor is elected and qualified. (1975 Code, 1-401) Treasurer to take oath. Before entering upon the duties of his office, the treasurer elect shall take and subscribe the following oath, "I----Do solemnly swear that, as treasurer of the corporation of the Town of Somerville, I will honestly and faithfully account for all money that may come to my hands as such treasurer, and that I will faithfully perform all the duties of said office to the best of my skill and ability. (1975 Code, 1-402) Performance bond required. He shall also enter into bond payable to the State of Tennessee in the sum of five thousand ($5,000) dollars with sufficient surety to be approved of by the mayor and aldermen conditioned for the safe and faithful keeping and payment of all money which shall be deposited in his hands and for the faithful performance of all his duties as treasurer according to the laws and this code of ordinances of the town. (1975 Code, 1-403) Treasurer is tax collector. The treasurer shall be ex-officio, the tax collector for the corporation, and shall keep a fair, regular and true account of all money which he shall receive for the use of the corporation. (1975 Code, 1-404) 1 Charter reference Appointment, duties, etc. of treasurer: 14.

17 Warrant required for disbursement. When a warrant is presented to him for payment, and if there be funds in the treasury not otherwise appropriated, he shall immediately pay same and take up and cancel the warrant. (1975 Code, 1-405) Treasurer to keep regular accounts. He shall keep fair and regular accounts of all money by him received and all payments by him made and shall make and render a statement of same before the board of mayor and aldermen at each stated monthly meeting. (1975 Code, 1-406) Delivery of books to successor. He shall upon his resignation or going out of office by the election or appointment of another deliver to his successor all books and papers of his office and especially shall he immediately make settlement and pay over the balance found in his hands to his successor taking receipt therefore. (1975 Code, 1-407) To make report to board. He shall at any time he may be called on to do so by the board of mayor and aldermen, or the mayor, make out a statement of the receipts and expenditures giving a succinct view of the state and condition of the treasury. (1975 Code, 1-408) To notify board upon failure of marshal or recorder. It shall be the duty of the treasurer to notify the board of mayor and aldermen at the first meeting after failure to make his annual financial report or neglect of duty, upon the part of the town marshal or recorder to pay into his hands at the time appointed all such money as they are bound by law and this code of ordinances to hand over to him. (1975 Code, 1-409) Treasurer personally liable for city funds. If the treasurer on going out of office fail or refuse to pay over the balance of money in his hands belonging to the corporation, he and his securities shall be liable to judgment or motion before the Circuit Court of Fayette County in the name of mayor and aldermen of the Town of Somerville. (1975 Code, 1-410) 1-8

18 Change 2, November 12, CHAPTER 5 CODE OF ETHICS SECTION Applicability Definition of "personal interest." Disclosure of personal interest by official with vote Disclosure of personal interest in nonvoting matters Acceptance of gratuities, etc Use of information Use of municipal time, facilities, etc Use of position of authority Outside employment Ethics complaints Violations Applicability. This chapter is the code of ethics for personnel of the Town of Somerville, Tennessee. 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. #07.044, June 2007) Definition of "personal interest." (1) For purposes of and 1-504, "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 financial, ownership, or employment interest of the official's or employee's spouse, or child(ren) living at home. (2) The words "employment interest" includes 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 provision of this chapter. (as added by Ord. #07.044, June 2007) Disclosure of personal interest by official with vote. An official with the responsibility to vote on a measure shall disclose during the

19 Change 2, November 12, 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 from voting on the measure. (as added by Ord. #07.044, June 2007) Disclosure of personal interest 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 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, chapter, or policy, recuse himself from the exercise of discretion in the matter. (as added by Ord. #07.044, June 2007) 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 that the municipality that exceeds fifty dollars ($50.00): (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. #07.044, June 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. #07.044, June 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 municipality. (as added by Ord. #07.044, June 2007)

20 Change 2, November 12, Use of position of authority. (1) An official or employee may not make or attempt to make private purchase, for cash or otherwise, in the name of the municipality. (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 chapter or policy of the municipality. (as added by Ord. #07.044, June 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 municipality's charter or any chapter or policy. (as added by Ord. #07.044, June 2007) Ethics complaints. (1) The town attorney is designated as the ethics officer of the municipality. Upon the written request of an official or employee potentially affected by a provision of this chapter, the town attorney 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 town 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 town attorney may request that the governing body hire another attorney, individual, or entity to act as ethics officer when he has or will have a conflict of interest in a particular matter. (c) When a complaint of a violation of any provision of this chapter is lodged against a member of the municipality'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 town 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. #07.044, June 2007)

21 Change 2, November 12, 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 municipality'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. #07.044, June 2007)

22 BOARDS AND COMMISSIONS, ETC. 2-1

23 3-1 TITLE 3 MUNICIPAL COURT 1 CHAPTER 1. CITY JUDGE. 2. COURT ADMINISTRATION. 3. WARRANTS, SUMMONSES AND SUBPOENAS. 4. BONDS AND APPEALS. SECTION City judge. CHAPTER 1 CITY JUDGE City judge. The officer designated by the charter to handle judicial matters within the municipality shall preside over the city court and shall be known as the city judge. (1975 Code, 1-601) 1 Charter references City judge: 14.

24 3-2 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. (1975 Code, 1-602) 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 him, the city judge shall tax in the bill of costs court costs in the amount of seventy-five dollars ($75.00). (1975 Code, 1-608, modified) 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 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. (1975 Code, 1-611) 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. (1975 Code, 1-612) 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

25 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. (1975 Code, 1-606) 3-3

26 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 city judge shall have the power to issue warrants for the arrest of persons charged with violating municipal ordinances. (1975 Code, 1-603) 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. (1975 Code, 1-604) 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. (1975 Code, 1-605) 1 State law reference For authority to issue warrants, see Tennessee Code Annotated, title 40, chapter 6.

27 3-5 CHAPTER 4 BONDS AND APPEALS SECTION Appearance bonds authorized Appeals Bond amounts, conditions, and forms 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. (1975 Code, 1-607) 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, appeal to the next term of the circuit court upon posting a proper appeal bond. 1 (1975 Code, 1-609) 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. (1975 Code, 1-610) 1 State law reference Tennessee Code Annotated,

28 4-1 TITLE 4 MUNICIPAL PERSONNEL CHAPTER 1. SOCIAL SECURITY. 2. PERSONNEL. 3. OCCUPATIONAL SAFETY AND HEALTH PROGRAM. 4. TRAVEL REIMBURSEMENT REGULATIONS. CHAPTER 1 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 to be made Exclusion from other retirement systems When not covered by applicable laws 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. (1975 Code, 1-801) 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. (1975 Code, 1-802) 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. (1975 Code, 1-803)

29 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. (1975 Code, 1-804) Records and reports to be made. The recorder shall keep such records and make such reports as may be required by applicable state and federal laws or regulations. (1975 Code, 1-805) Exclusion from other retirement systems. There is hereby excluded from this chapter any authority to make any agreement with respect to any positions or any employee or official not covered or authorized to be covered by any other ordinance creating any retirement system for any employee or official of the town. (1975 Code, 1-806) When not covered by applicable laws. There is hereby excluded from this chapter any authority to make any agreement with respect to any employee or official not authorized to be covered by applicable state or federal laws or regulations. (1975 Code, 1-807) 4-2

30 4-3 CHAPTER 2 PERSONNEL SECTION Purpose Administration Personnel rules and regulations Records Right to contract for special services Purpose. The purpose of this chapter is to establish a system of personnel administration in the Town of Somerville that is based on merit and fitness. The system shall provide a means to select, develop, and maintain an effective municipal work force through impartially applying personnel policies and procedures free of personal and political considerations and regardless of race, color, gender, age, creed, national origin, or disability Administration. The personnel system shall be administered by the town administrator/city recorder, who shall have the following duties and responsibilities: (1) Exercise leadership in developing an effective personnel administration system subject to provisions in this chapter, other ordinances, the town charter, and federal and state laws relating to personnel administration; (2) Recommend to the board of mayor and aldermen policies and procedures for recruiting, appointing, and disciplining all employees of the municipality subject to those policies as set forth in this chapter, the town charter, and the municipal code; (3) Fix and establish the number of employees in the various town departments and offices and determine the duties, authority, responsibility, and compensation in accordance with the policies as set forth in the town charter and code, and subject to the approval of the board of mayor and aldermen and budget limitations; (4) Foster and develop programs for improving employee effectiveness, including training, safety, and health; (5) Maintain records of all employees, subject to the provisions of this chapter of the town code, which shall include each employee's class, title, pay rates, and other relevant data; (6) Make periodic reports to the board of mayor and aldermen regarding administering the personnel system; (7) Recommend to the board of mayor and aldermen a position classification plan and install and maintain such a plan upon approval by the board of mayor and aldermen;

31 (8) Prepare and recommend to the board of mayor and aldermen a pay plan for all municipal government employees; (9) Develop and administer such recruiting programs as may be necessary to obtain an adequate supply of competent applicants to meet the employment needs of the municipal government; (10) Be responsible for certification of payrolls; and (11) Perform such other duties and exercise such other authority in personnel administration as may be prescribed by law Personnel rules and regulations. The town administrator shall develop rules and regulations necessary for effectively administering the personnel system. The rules and regulations shall become effective after approval by the board of mayor and aldermen. Amendments to the rules and regulations may be recommended for adoption by the town administrator. Such amendments or revisions of the rules shall become effective after approval by the governing body. Nothing in the personnel rules and regulations document shall be deemed to give employees any more property rights in their job than they already possess. The town reserves the right to alter or change any or all of these rules without prior notice to employees Records. The town administrator shall maintain adequate records of the employment record of every employee as specified herein Right to contract for special services. The board of mayor and aldermen may direct the town administrator to contract with any competent agency for performing such technical services in connection with the establishment of the personnel system or with its operation as may be deemed necessary. 4-4

32 Change 1, December 15, CHAPTER 3 OCCUPATIONAL SAFETY AND HEALTH PROGRAM 1 SECTION Title Purpose Coverage Standards authorized Variances from standards authorized Administration Funding the program Title. This section shall provide authority for establishing and administering the "occupational safety and health program plan for the employees of the Town of Somerville." (1975 Code, , as replaced by Ord. #03.005, Nov. 2003) Purpose. The Town of Somerville, in electing to update their established program plan will maintain an effective occupational safety and health program 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 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) Make, keep, preserve, and make available to the Commissioner of Labor and Workforce Development of the State of Tennessee, his designated representatives, or persons within the Tennessee 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. 1 The Occupational Safety and Health Program Plan for the Town of Somerville, is included in this municipal code as Appendix 2.

33 Change 1, December 15, (4) Consult with the State Commissioner of Labor and Workforce Development with regard to the adequacy of the form and content of records. (5) Consult with the State 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, 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. (1975 Code, , as replaced by Ord. #03.005, Nov. 2003) Coverage. The provisions of the occupational safety and health program plan for the employees of the Town of Somerville shall apply to all employees of each administrative department, commission, board, division, or other agency of the Town of Somerville whether part-time or full-time, seasonal or permanent. (1975 Code, , as replaced by Ord. #03.005, Nov. 2003) Standards authorized. The occupational safety and health standards adopted by the Town of Somerville 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 (1975 Code, , as replaced by Ord. #03.005, Nov. 2003) Variances from standards authorized. The Town of Somerville may, upon written application to the Commissioner of Labor and Workforce Development of the State of Tennessee, 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, Chapter , as authorized by Tennessee Code Annotated, title 50. Prior to requesting such temporary variance, the Town of Somerville shall notify or serve notice to 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 as designated by the Town of Somerville shall be deemed sufficient notice to employees. (as added by Ord. #03.005, Nov. 2003) 1 State law reference Tennessee Code Annotated, title 50, chapter 3.

34 Change 1, December 15, Administration. For the purposes of this chapter, E. H. Steinert, fire chief is designated as the director of occupational safety and health to perform duties and to exercise powers assigned so as to plan, develop, and administer this plan. The director shall develop a plan of operation for the program and said plan shall become a part of this chapter when it satisfies all applicable sections of the Tennessee Occupational Safety and Health Act of 1972 and part IV of the Tennessee Occupational Safety and Health Plan. (as added by Ord. #03.005, Nov. 2003) Funding the program. Sufficient funds for administering and staffing the program pursuant to this chapter shall be made available as authorized by the Town of Somerville. (as added by Ord. #03.005, Nov. 2003)

35 Change 4, August 11, 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 of Somerville into compliance with Tennessee Code Annotated, through 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. of Aug. 9, 1993, as replaced by Ord. #02.005, April 2002, and Ord. # , June 2011) Enforcement. The city administrator or Chief Administrative Officer (CAO) of the town or his or her designee shall be responsible for the enforcement of these travel regulations. (Ord. of Aug. 9, 1993, as replaced by Ord. #02.005, April 2002, and Ord. # , June 2011) Travel policy. (1) In the interpretation and application of this chapter, the term "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

36 Change 4, August 11, actual and necessary expenses related to official business as determined by the 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 documentation 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 termination and 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. of Aug. 9, 1993, as replaced by Ord. #02.005, April 2002, and Ord. # , June 2011) Travel reimbursement rate schedules. Authorized travelers shall be reimbursed according to the State of Tennessee travel regulation rates. The town's travel reimbursement rates will automatically change when the State of Tennessee 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. of Aug. 9, 1993, as replaced by Ord. #02.005, April 2002, and Ord. # , June 2011) Administrative procedures. The town adopts and incorporates by reference, as if fully set out herein, the administrative procedures submitted

37 Change 4, August 11, by MTAS 1 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 town recorder. (Ord. of Aug. 9, 1993, as replaced by Ord. #02.005, April 2002, and Ord. # , June 2011) 1 A copy of the administrative procedures is available for review in the city administrator's office.

38 5-1 TITLE 5 MUNICIPAL FINANCE AND TAXATION 1 CHAPTER 1. MISCELLANEOUS. 2. REAL AND PERSONAL PROPERTY TAXES. 3. PRIVILEGE TAXES. 4. WHOLESALE BEER TAX. 5. PURCHASING POLICY. CHAPTER 1 MISCELLANEOUS SECTION Official depository for town funds Fiscal year Official depository for town funds 2. The Somerville Bank and Trust Company, Union Planters, Oakland Deposit Bank, Bancorp South, and the Bank of Moscow are hereby designated as the official depositories for all town funds. (1975 Code, 6-101, modified) Fiscal year. The fiscal year for the Town of Somerville shall begin on July 1st annually and terminate annually on the following June 30th. (1975 Code, 6-102) 1 Charter references City administrator as budget director and purchasing agent: 4. Mayor orders payment of money: 5. Taxes, expenditures, etc.: 7. Treasurer: Charter reference Depositories of municipal funds: 15.

39 5-2 CHAPTER 2 REAL AND PERSONAL PROPERTY TAXES SECTION When due and payable When delinquent--penalty and interest When due and payable. 1 Taxes levied by the town against real and personal property shall become due and payable annually on the first Monday of October of the year for which levied. (1975 Code, 6-201) When delinquent--penalty and interest. 2 All real property taxes shall become delinquent on and after the first Monday of April next after they become due and payable and shall thereupon be subject to such penalty and interest as is authorized and prescribed by the state law for delinquent county real property taxes. 3 (1975 Code, 6-202) 1 State law references Tennessee Code Annotated, , and , read together, permit a municipality to collect its own property taxes if its charter authorizes it to do so, or to turn over the collection of its property taxes to the county trustee. Apparently, under those same provisions, if a municipality collects its own property taxes, tax due and delinquency dates are as prescribed by the charter; if the county trustee collects them, the tax due date is the first Monday in October, and the delinquency date is the following March 1. 2 Charter and state law reference Tennessee Code Annotated, (b) provides that if the county trustee collects the municipality's property taxes, a penalty of 1/2 of 1% and interest of 1% shall be added on the first day of March, following the tax due date and on the first day of each succeeding month. 3 Charter and state law references A municipality has the option of collecting delinquent property taxes any one of three ways: (1) Under the provisions of its charter for the collection of delinquent property taxes. (2) Under Tennessee Code Annotated, (3) By the county trustee under Tennessee Code Annotated,