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TAUD UTILITY LEADERSHIP CONFERENCE

TAUD UTILITY LEADERSHIP CONFERENCE. The Law for Commissioners: Ignorance Is No Excuse. UTILITY DISTRICT COMMISSIONERS SELECTION STATUTE -TENNESSEE CODE § 7-82-307 Three Primary Methods: Appointment By County Mayor Election By Members of Utility District Board

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TAUD UTILITY LEADERSHIP CONFERENCE

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  1. TAUD UTILITY LEADERSHIP CONFERENCE The Law for Commissioners: Ignorance Is No Excuse

  2. UTILITY DISTRICT COMMISSIONERS SELECTION STATUTE • -TENNESSEE CODE § 7-82-307 • Three Primary Methods: • Appointment By County Mayor • Election By Members of Utility District • Board • Elections By Customers of Utility District • BEWARE! VARIATIONS EXIST

  3. Potential Pitfalls in Filling Vacancies • Using the Wrong Selection Process • Failure To Certify To County Mayor Three Nominees At Least 30 Days In Advance • Not Properly Certifying The List “Under Seal Of Board of Commissioners” • Not Involving All County Mayors In A Multi-County Utility District • Failing To Strictly Follow Notice, Deadline And Other Provisions In Customer Elections

  4. UTILITY DISTRICT COMMISSIONER COMPENSATION Compensation Authorized By Statute Only TENNESSEE CODE § 7-82-308 AND 309 Per Diem Payments - $300.00 For Water and Sewer Districts - $500.00 For Gas Utility Districts Group Medical and Life Insurance Reimbursement of Actual Expenses Incurred

  5. RECEIPT OF OTHER COMPENSATION • Demand to Repay the District • Possible Ouster From Office • Possible Criminal Prosecution – Tennessee Code • § 39-16- 402

  6. TAKING AND FILING OATH OF OFFICE Article 10, Section 1 Of Tennessee Constitution Tennessee Code § 8-18-107 to 114 Take Oath Before Undertaking Duties File With County Clerk Penalty For Failure to Do So?

  7. Commissioner’s Authority To Act On Behalf Of Utility District • Power Vested In Commissioners Tennessee Code § 7-82-301 • Commissioners Must Act In Open Meetings Tennessee Code § 8-44-101 – 201 • Participation By Electronic Means Can Participate If Requirements Of Tennessee Code § 8-44-108 Followed

  8. LEGAL DUTIES IMPOSED ON COMMISSIONERS Annual Reporting • Publication Of Information Including • Financial Condition Of District • Earnings Of District • Water Rates Charged • Methodology of Determining Rates • Filing of Annual Audit with County Mayor • Notification To Customers Of UMRB And Method Of Filling Vacancies On Board of Commissioners

  9. LEGAL DUTIES IMPOSED ON COMMISSIONERS Fraud Reporting • Local Government Instances Of Fraud Reporting Act Tennessee Code § 8-4-501 – 505 • Affirmative Duty To Report Fraud to Comptroller

  10. LEGAL DUTIES IMPOSED ON COMMISSIONERS Code of Ethics • Comprehensive Governmental Ethics Reform Act of 2006 • Know How To Handle Ethics Complaint

  11. LEGAL DUTIES IMPOSED ON COMMISSIONERS Conflict Of Interest • No Direct Interest In Contract With District • No Indirect Interest Unless Acknowledged

  12. LEGAL DUTIES IMPOSED ON COMMISSIONERS Approval Of Bill Adjustments • Uniform Accounting Manual For Tennessee Utility Districts - only legitimate adjustments - adjustments documented Monitor Employee Pay and Payroll • Adopt Payroll Policy • Adopt Pay Plan • Review Benefits Packages To Ensure Compliance With Board Action

  13. LEGAL DUTIES IMPOSED ON COMMISSIONERS Ensure Adequate Separation Of Employee Duties • No Complete Control Over Transactions • Board Involvement? Competitive Bidding Requirements • Utility Districts Subject To Competitive Bidding • Document Purchases And Any Exceptions

  14. LEGAL DUTIES IMPOSED ON COMMISSIONERS Use Of Licensed Contractors Maintenance Of Minutes Use Of Utility Facilities For Personal Gain

  15. QUESTIONS, COMMENTS & OTHER OBSERVATIONS

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