2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-105 - Governing body

(a)
(1)
(A)
The governing body of the authority shall be a board of commissioners of seven (7) persons appointed by the executive officer of the creating municipality and approved by its governing body, at least five (5) of whom shall be residents of the creating municipality, who shall have no financial interest in an airport or its concessions.
(B)
[Deleted by 2023 amendment.]
(C)
The governing body of the authority of an airport that has regularly scheduled commercial passenger service, located in a county other than the county where the creating municipality is located, shall be a board of commissioners of nine (9) persons who shall have no financial interest in an airport or its concessions, to be appointed by the executive officer of the creating municipality and approved by its governing body, at least six (6) of whom shall be residents of the creating municipality, and three (3) of whom shall be residents outside of the creating municipality; provided, that at least one (1) is a resident of the county in which the airport is located.
(D)
The governing body of the authority located in a county that borders only one (1) other state, and which county contains at least ten (10) cities, shall be a board of commissioners of nine (9) persons of good standing and reputation appointed by the executive officer of the creating municipality, and approved by its governing body, who shall have no financial interest in an airport or its concessions, at least five (5) of whom shall be residents of that county. Notwithstanding any other provision of this chapter, no other restrictions shall apply to the membership of the board of commissioners or their qualifications. Members of the board shall be appointed for terms of three (3) years and until their successors are appointed and qualified.
(E)
In the process of selecting, nominating, and choosing the members to serve on the board of the authority, the mayor shall review all candidates when making appointments to assure that full consideration has been given to each appointment and has considered age, gender and race, and further that appropriate balance should be given to each consideration. The purpose of the review is to assure inclusion in the operation of the authority.
(F)
Further, members of the legislative delegation shall be given quarterly reports or briefings of the activities and plans and conditions of the authority, and any proposals for capital expansion or improvements shall be given to the legislative delegation prior to the expansion or improvements.
(2)
(A)
Except as provided in subdivisions (a)(1)(D), (a)(2)(B) and (a)(2)(C), the boards of commissioners shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance.
(B)
However, in any county with a population in excess of eight hundred twenty-five thousand (825,000), according to the 1990 federal census or any subsequent federal census, the boards of commissioners may include, but are not limited to, a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance.
(C)
Four (4) seats on the governing body of the authority of an airport that has regularly scheduled commercial passenger service, located in a county other than the county where the creating municipality is located, shall be filled by persons of good standing and reputation in one (1) of the following five (5) fields: engineering, law, industry, commerce and finance.
(b)
Not less than two (2) of the commissioners shall hold airman's certificates issued by the federal aviation administration. The required certificates shall be private pilot's rating or a higher pilot rating; student certificates shall not satisfy the requirements. The engineer shall be an engineer licensed to practice in the state and shall have actively practiced such profession for the preceding five (5) years. The lawyer shall be licensed to practice before the highest court in the state and shall have been so licensed for a period of not less than five (5) years. The commissioners appointed from the fields of industry, commerce and finance shall be eminently qualified in their particular fields of endeavor. All commissioners shall be of excellent character and reputation.
(c)
(1)
Except as provided in subdivision (c)(2), if there is one (1) participating municipality, one (1) member of the board shall be appointed by the executive officer of the creating municipality and approved by its governing body from the person or persons nominated by the executive officer of the participating municipality. If there are two (2) or more participating municipalities, up to two (2) members of the board, but not exceeding two (2), may be appointed by the executive officer of the creating municipality and approved by its governing body from the persons nominated by each of the executive officers of the participating municipalities. No commissioner shall be an officer or employee of the creating municipality or a participating municipality.
(2)
If the airport authority is located in a county with a population in excess of eight hundred twenty-five thousand (825,000), according to the 1990 federal census or any subsequent federal census, then two (2) members of the seven-member board shall be among the nominees of the executive officer of the participating county, and approved by the executive officer and governing body of the creating municipality.
(d)
(1)
Notwithstanding this section to the contrary:
(A)
The board of commissioners of the authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, is vacated and reconstituted to consist of eight (8) commissioners as follows:
(i)
Two (2) persons to be appointed by the speaker of the house of representatives;
(ii)
Two (2) persons to be appointed by the speaker of the senate;
(iii)
Two (2) persons to be appointed by the governor; and
(iv)
Two (2) persons appointed by the mayor of the county having the metropolitan form of government;
(B)
In making appointments to the board:
(i)
At least one (1) person appointed by each appointing authority must be a resident of the county having the metropolitan form of government;
(ii)
One (1) person appointed by each appointing authority must be a resident of the county, or a county contiguous to the county, having the metropolitan form of government; and
(iii)
Persons appointed to the board must have no financial interest in an airport or its concessions at the time of the commissioner's appointment and during the commissioner's tenure on the board;
(C)
In order to stagger the terms of the newly appointed board, initial appointments are made as follows:
(i)
Commissioners appointed under subdivision (d)(1)(A)(iii) serve initial terms that expire on June 30, 2025;
(ii)
Commissioners appointed under subdivision (d)(1)(A)(i) serve initial terms that expire on June 30, 2026;
(iii)
Commissioners appointed under subdivision (d)(1)(A)(ii) serve initial terms that expire on June 30, 2027; and
(iv)
Commissioners appointed under subdivision (d)(1)(A)(iv) serve initial terms that expire on June 30, 2028;
(D)
Following the expiration of a commissioner's initial term, as prescribed in subdivision (d)(1)(C), all terms are four (4) years, to begin on July 1 and terminate on June 30, four (4) years thereafter;
(E)
In making the appointments to the board, the appointing authorities shall strive to ensure that:
(i)
The membership is representative of the geographic and demographic composition of the county or state;
(ii)
At least one (1) commissioner is a female; and
(iii)
Another commissioner is of a racial minority;
(F)
In addition to subdivision (d)(1)(E), in making the appointments to the board, the appointing authorities shall ensure only that each commissioner is generally a person of excellent character and reputation and a person in good standing and reputation in one (1) of the following fields:
(i)
Engineering, with a license to practice in the state and an active practice in such profession for the preceding five (5) years;
(ii)
Law, with a license to practice before the highest court in this state for a period of not less than five (5) years;
(iii)
Industry or commerce; and
(iv)
Finance;
(G)
A commissioner:
(i)
Serves in such capacity until the expiration of the term to which the commissioner was appointed and until the commissioner's successor is duly appointed and qualified; and
(ii)
May be removed by the commissioner's appointing authority with or without cause. A vacancy created by the removal of a commissioner is filled by the appointing authority in the same manner as the original appointment;
(H)
In addition to the reporting requirements under §
42-4-106(d) and (e)
, the authority shall submit quarterly reports or briefings of the activities, plans, and conditions of the authority, and any proposals for capital expansion or improvements to members of the legislative body of the creating municipality, the governor, the speaker of the house of representatives, and the speaker of the senate prior to the expansion or improvements;
(I)
The authority shall maintain its books and prepare its financial statements in a timely manner satisfactory to the state and pay the state for all costs the state incurs in reviewing and auditing the authority's finances; and
(J)
The authority is subject to all other provisions of this chapter to the extent otherwise applicable, except as provided by this section.
(2)
Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term.
(3)
A commissioner's term shall continue until the appointment and qualification of a successor.
(4)
A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the creating municipality, but only after notice of the cause of such removal has been served upon the commissioner, and only after the commissioner has been granted an opportunity for a public hearing on the cause.
(e)
The board shall elect from among its members a chair, vice chair, and secretary, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure. A majority of the commissioners shall constitute a quorum for the transaction of business. Except as expressly otherwise specified in this chapter, all powers granted to an authority by this chapter shall be exercised by the board.
(f)
Commissioners shall receive no salary but shall be reimbursed for necessary expenses incurred in the performance of their official duties.
Amended by 2023 Tenn. Acts, ch. 488, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 488, s 1, eff. 7/1/2023.
Acts 1969, ch. 174, § 5; T.C.A., § 42-705; Acts 1984, ch. 853, §1; 1986, ch. 745, §§1-4; 1988, ch. 887, §§ 1, 2; 1988, ch. 909, § 1; 1990, ch. 1080, §§ 1, 2; 1995, ch. 328, §§ 1, 2; 1998, ch. 640, §§ 1, 2; 1999, ch. 155, §§ 1, 2; 2002, ch. 562, § 1.