2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-103 - Board of public utilities

(a)
(1)
In the event the resolution provides for the exercise of the powers provided for in this chapter by a board, upon the approval of the resolution, the county mayor shall appoint, subject to confirmation by the county legislative body, three (3), five (5) or seven (7) persons to comprise what shall be known as "the county board of public utilities."
(2)
The county mayor shall have the option of appointing a seven-person board only in any county having a population of not less than sixty-seven thousand three hundred (67,300) nor more than sixty-seven thousand four hundred (67,400), according to the 1980 federal census or any subsequent federal census.
(b)
(1)
In the event the board has three (3) members, the initial appointees shall serve for one (1), two (2) and three (3) years respectively, from July 1 next succeeding the date of appointment.
(2)
(A)
In the event five (5) members are desired as provided in subsection (a), the county mayor shall appoint, subject to confirmation by the county legislative body, such additional members to initial terms of two (2) and three (3) years respectively from July 1 next succeeding the date of appointment.
(B)
The terms of no more than two (2) members of the county board of public utilities shall expire at the same time.
(3)
(A)
In the event seven (7) members are desired as provided in subsection (a), the county mayor shall appoint, subject to confirmation by the county legislative body, the necessary additional members to initial terms of not more than three (3) years, beginning July 1 next succeeding the date of appointment.
(B)
The initial terms of the additional members shall be staggered in such a manner that the terms of no more than three (3) members of the county board of public utilities shall expire at the same time.
(c)
Successors to such appointees shall each be appointed for a term of three (3) years by the county mayor, subject to confirmation as provided in subsections (a) and (b).
(d)
The county mayor shall in like manner fill any vacancies that may occur for the unexpired terms of the vacancies.
(e)
Each member shall give such bond as may be required by resolution of the county legislative body.
(f)
(1)
Except as provided in this subsection (f), such members shall serve without compensation except for necessary expenses incurred in the performance of their duties.
(2)
In any county having a population of not less than sixty-seven thousand three hundred (67,300) nor more than sixty-seven thousand four hundred (67,400), according to the 1980 federal census or any subsequent federal census, and in any county having a population of not less than one hundred forty thousand (140,000) nor more than one hundred forty-five thousand (145,000), according to the 1990 federal census or any subsequent federal census, the county legislative body may provide for compensation of not more than one hundred dollars ($100) for a monthly meeting for such members upon approval by a two-thirds (2/3) vote of the county legislative body to which this subdivision (f)(2) may apply. The approval or nonapproval of this subdivision (f)(2) shall be proclaimed by the presiding officer of such county legislative body and certified by such presiding officer to the secretary of state. If the county legislative body provides compensation for such members, the members shall also adopt a resolution that ratifies the compensation before any such compensation may be paid.
(3)
(A)
In counties having a population of not less than twenty-four thousand five hundred (24,500) nor more than twenty-four thousand five hundred sixty (24,560), according to the 1980 federal census or any subsequent federal census, the county legislative body may provide for compensation of such members upon approval by a two-thirds (2/3) vote of the county legislative body to which this subdivision (f)(3) may apply.
(B)
The approval or nonapproval of this subdivision (f)(3) shall be proclaimed by the presiding officer of such county legislative body and certified by such presiding officer to the secretary of state.
(4)
Each member of a board created pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9, for the purpose of providing service to two (2) or more counties has increased responsibilities and duties arising as a result of such multi-county service area and is therefore entitled to compensation in an amount not to exceed three hundred dollars ($300) per month, the exact amount of such compensation to be determined by resolution of such board. Each member of the board, upon the adoption of a resolution by the board, is further entitled to:
(A)
Participate in the group medical insurance plan and group life insurance plan provided to board employees;
(B)
The reimbursement of premiums paid for equivalent or similar group medical insurance coverage and group life insurance coverage in which the board member participates, provided such premium payments do not exceed the per person cost of the group medical insurance coverage and group life insurance coverage the board provides its own employees; or
(C)
The reimbursement of premiums paid for medical insurance coverage by medicare and any medicare supplemental insurance policy.
(5)
(A)
In counties having a population of not less than twenty-eight thousand one hundred (28,100) nor more than twenty-eight thousand four hundred (28,400), according to the 1990 federal census or any subsequent federal census, the county legislative body may provide for compensation of such members upon approval by a two-thirds (2/3) vote of the county legislative body of any county to which this subdivision (f)(5) may apply.
(B)
The approval or nonapproval of this subdivision (f)(5) shall be proclaimed by the presiding officer of such county legislative body and certified by the presiding officer to the secretary of state.
(6)
(A)
In counties having a population of not less than twenty-six thousand seven hundred (26,700) nor more than twenty-six thousand eight hundred (26,800), according to the 2000 federal census or any subsequent federal census, the county legislative body may provide for compensation of board members upon approval by a two-thirds (2/3) vote of the county legislative body to which this subdivision (f)(6)(A) may apply.
(B)
The approval or nonapproval of subdivision (f)(6)(A) shall be proclaimed by the presiding officer of such county legislative body and certified by such presiding officer to the secretary of state.
(7)
(A)
In counties having a population of not less than fifty-one thousand nine hundred (51,900) nor more than fifty-two thousand (52,000), according to the 2000 federal census or any subsequent federal census, the county legislative body may provide for compensation of not more than one hundred dollars ($100) per month for the board members; provided, that attendance at board meetings shall be required in order to receive the compensation, upon approval by a two-thirds (2/3) vote of the county legislative body to which this subdivision (f)(7)(A) may apply.
(B)
The approval or nonapproval of subdivision (f)(7)(A) shall be proclaimed by the presiding officer of the county legislative body and certified by the presiding officer to the secretary of state.
(g)
A majority of the board shall constitute a quorum.
(h)
The board shall elect its own chair, and shall be authorized to employ such clerical help as may be necessary.
(i)
The board shall hold public meetings at least once each month at such regular time and place as the board may determine, and special meetings upon the call of the chair.
(j)
The board shall establish its own rules of procedure.
(k)
Any member of the board may be removed from office for cause upon a vote of two-thirds (2/3) of the members of the county legislative body, but only after preferment of formal charges by a resolution of a majority of the county legislative body following a public hearing before it.
(l)
Before the board shall adopt any proposed budget or salary plan for its employees, it shall submit same to the county legislative body for approval or rejection.
(m)
Notwithstanding any law to the contrary, in any county having a population of not less than sixty-seven thousand three hundred (67,300) nor more than sixty-seven thousand four hundred (67,400), according to the 1980 federal census or any subsequent federal census, the county mayor may appoint members of the county legislative body to serve upon the board. Such members shall be subject to confirmation as provided in subsections (a) and (b).
(n)
Notwithstanding subsections (a)-(d), a county having a population greater than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census, that creates a county board of public utilities on or after April 18, 2018 may call, in the resolution creating the board, for the election of the members of the board at the regular August election. The resolution shall:
(1)
Specify the number of members of the board of public utilities;
(2)
Specify the length of the terms of the members;
(3)
Provide for the staggering of terms;
(4)
Provide for the removal of members;
(5)
Provide for the filling of vacancies on the board; and
(6)
Specify the compensation for the members, if any.
Amended by 2021 Tenn. Acts, ch. 200, s 1, eff. 4/22/2021.
Amended by 2018 Tenn. Acts, ch. 738, s 1, eff. 4/18/2018.
Acts 1961, ch. 166, § 3; 1979, ch. 17, § 1; T.C.A., § 5-1603; Acts 1988, ch. 916, § 1; 1989, ch. 396, §§ 1-4; 1990, ch. 879, §1; 1991, ch. 35, §§ 1, 2; 1993, ch. 134, § 1; 1994, ch. 583, §1; 2003 , ch. 90, § 2; 2006, ch. 515, §1; Private Acts 2007 , ch. 51, § 1.