2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › SPECIAL DISTRICTS (§§ 7-81-101 — 7-91-104) › Chapter 82 - UTILITY DISTRICT LAW OF 1937 (§§ 7-82-101 — 7-82-804) › Part 3 - OPERATION AND POWERS (§§ 7-82-301 — 7-82-314) › Section 7-82-309 - Powers of commissioners - Payment of expenses

(a)
The board of commissioners of any district has the power and authority to:
(1)
Exercise by vote, ordinance or resolution all of the general and specific powers of the district;
(2)
Make all needful rules, regulations and bylaws for the management and the conduct of the affairs of the district and of the board;
(3)
Adopt a seal for the district, prescribe the style of the seal, and alter the seal at pleasure;
(4)
Lease, purchase, sell, convey and mortgage the property of the district and to execute all instruments, contracts, mortgages, deeds or bonds on behalf of the district in such manner as the board shall direct;
(5)
Inquire into any matter relating to the affairs of the district, compel by subpoena the attendance of witnesses and the production of books and papers material to any such inquiry, administer oaths to witnesses and examine such witnesses;
(6)
(A)
Notwithstanding any public or private act to the contrary, in all utility districts in the state, any member of the board of commissioners and any board or committee member elected or appointed by the board of commissioners, and any official or employee of the utility district whose salary is set by charter or general law, may be reimbursed from district funds for the actual expense that such utility district officer may incur as an incident to holding such office;
(B)
The utility district board of commissioners shall determine whether or not to pay the expenses incurred by members of the board, and any board or committee member elected or appointed by the president of the board of commissioners, and any official or employee of the utility district whose salary is set by charter or general law; and, if it is determined that the utility district will reimburse expenses, it shall enact a written policy as to how expenses will be reimbursed and determine what expenses are reimbursable;
(C)
In such utility district, it is the duty of the board of commissioners to prescribe forms on which expenses shall be reported. The board of commissioners may designate such responsibility to the chief administrative officer of the district. It is the duty of the board of commissioners, or its designee, to examine such expense report to determine if all expenses so listed as reimbursable are legally reimbursable expenditures within the schedule as determined by the utility district board of commissioners, and, if such listed expenses are reimbursable, then forward the expense report to the proper disbursing officer for payment;
(D)
To the extent not adequately documented as provided in subdivision (a)(6)(C), expense allowances shall be considered compensation for purposes of any salary limitations as may be provided by statute, charter or private act;
(E)
All utility district travel and expense reimbursement policies, and any amendments to the policies, must be made available for review and audit by the comptroller of the treasury or the comptroller of the treasury's designee;
(F)
The Tennessee Association of Utility Districts (TAUD) shall disseminate, and amend from time to time as necessary, a model travel and expense policy to provide guidance for the various utility districts. Such policy, and amendments to the policy, are subject to the approval of the comptroller of the treasury. Any utility district that adopts the policy promulgated by the TAUD is not required to file such policy with the office of the comptroller of the treasury, but shall notify the office in writing of adoption of the model policy;
(7)
Appoint and fix the salaries and duties of such officers, experts, agents and employees as it deems necessary, hold office during the pleasure of the board and upon such terms and conditions as the board may require; and
(8)
Do all things necessary or convenient to carry out its functions.
(b)
All powers and authority enumerated in this section must be exercised by the district for the welfare and benefit of the public served by the district.
Amended by 2021 Tenn. Acts, ch. 127, s 2, eff. 4/13/2021.
Amended by 2017 Tenn. Acts, ch. 129, s 10, eff. 4/17/2017.
Acts 1937, ch. 248, § 8; C. Supp. 1950, § 3695.34 (Williams, § 3695.33); T.C.A. (orig. ed.), § 6-2616; Acts 1987, ch. 422, § 6; 1989, ch. 139, § 4; 1989, ch. 221, § 5; 1994, ch. 918, § 3.