CITY RECORDER DUTIES:
BEYOND THE BASICS
Presented by Margaret Norris, MTAS Management Consultant
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Introductions
Who are you?
What city do you represent?
How many years have you been a recorder?
What is your greatest issue/challenge facing
you today as city recorder?
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Course Objectives:
Identify city recorder duties and explain
why they vary from city to city.
Identify state laws that apply to every city.
Demonstrate where to find MTAS, state,
and federal resources.
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PRETEST
This is not to test you, but rather to
test the training.
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Recorder Duties:
Where do you spend your time?
What are you doing?
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What’s the Difference???
Municipal Powers
Municipal Charters
Ordinances
Resolutions
Elections
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Where Does a City Come From?
Judge John F. Dillon, Iowa Supreme Court,
1868
"Municipal corporations owe their origin to, and
derive their powers from, the legislature. It
breathes into them the breath of life, without
which they cannot exist. As it created, so it may
destroy. If it may destroy, it may abridge the
controls... They are, so to phrase it, the mere
tenants at will of the legislature."
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MUNICIPAL POWERS
Cities depend upon the state legislature
for their existence and powers.
Cities have 3 kinds of powers:
– express
– implied (from express powers)
– essential
Any doubt about whether a city has a
power is resolved against a city.
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Types of Municipal Charters
in Tennessee
Private Act
City Charter
General Law
Home Rule
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Private Act Charters
Apply only to that city.
General law charters and other private act
charters do not apply.
General laws do apply.
Urban growth
Eminent domain
Zoning
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General Law Charters
Found in T.C.A.
Three types:
Mayor-Aldermanic
City Manager-Commission
Modified Council Manager
Metro Government Charters (special case)
General laws also apply.
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Metro Government Charters
Outlined in T.C.A.
Developed by charter commission.
Charter content will vary.
Adopted by referendum.
General laws also apply.
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Metropolitan Government
Three in Tennessee
– Nashville/Davidson
– Lynchburg/Moore
– Hartsville/Trousdale
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Home Rule Charters
Authorized by constitution.
Home rule status approved by referendum
Charter can remain or be revised.
Legislature cannot pass private act affecting
city.
General laws also apply.
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Home Rule
Established Article 11 Section 9 Tennessee
Constitution
Thirteen Home Rule cities in Tennessee
Chattanooga, Clinton, East Ridge
Etowah, Johnson City, Knoxville
Lenoir City, Memphis, Oak Ridge
Red Bank, Sevierville, Sweetwater
Whitwell
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Content of Municipal Charters
Number and types of officers
Form of government
Vacancies in office
Election procedures
Specific list of powers
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Content of Municipal Charters
Officer and board authority
Finance & budget restrictions
Ordinance & meeting requirements
Personnel rules
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Municipal Codes
Compilation of city’s ordinances
Groups ordinances by subject matter
Single reference point for city’s laws and
regulations
Updates are essential
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Break
Be back in 10 minutes
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Exercise:
What does your charter say ???
Your position
Passage of ordinances
Authorities
Vice Mayor position
Most outdated or obscure
Your oath of office
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So what is the same for all
cities???
Certain Tennessee Laws
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State Laws
Budget Law
Purchasing Law
Open Meetings
Open Records
Comprehensive Growth Plan et seq.
Municipal Planning
Municipal Zoning
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Budget Law
TCA 6-56-201 et seq.
Applies to all cities that do not have charter
requirements at least as detailed as 6-56-203
(1) and (3)
Budget law applies to most cities
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Purchasing Law
TCA 6-56-301et seq.
Applies to all cities except those cities
having charter provisions or private act
requirements governing competitive bidding
and purchasing.
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Open Records
All records are open unless otherwise
provided by state law. (T.C.A. 10-7-503)
Public has right to inspect and copy.
Subject to reasonable rules and charges
If denied access, citizen can petition court
for order to release. (10-7-505)
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Exceptions to Open Records Law
Exceptions (T.C.A. 10-7-504)
Employee EAP records: 10-7-504(d)
Employee medical records:10-7-504(a)(1)
Credit card numbers: 10-7-504(a)(19)
Law enforcement personnel records:10-7-503(c)
Undercover police officer personal information:
10-7-504(g)
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Exceptions to Open Records Law
Exceptions (T.C.A. 10-7-504)
Library check-out records:10-8-102
Specific personnel record information: 10-7-504 (f)
Unpublished telephone numbers:10-7-504 (e)
Ongoing criminal investigation records: Rule 16 of
the Tennessee Rules of Criminal Procedure.
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Open Meetings Law
“All meetings of any governing body are declared
to be public meetings open to the public at all
times, except as provided by the Constitution of
Tennessee.” T.C.A. 8-44-102 (a)
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Definitions:
Governing Body - “any public body with
the authority to make decisions for or
recommendations to a public body on
policy or administration”
Meeting - “convening of a governing body
of a public body for which a quorum is
required in order to make decisions or to
deliberate toward a decision on any matter”
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Open Meetings
What about meetings of less than a quorum?
Informational or fact-gathering -- NO
Deliberation or decision making -- YES
Be careful - most conversations could be
considered “deliberations”
Public perception.
E-mail communications can be violations.
If violation, action taken is voided.
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Open Meetings
Attorney-Client Exception
Discussion concerns present and pending
litigation and the governing body is a
named party to the lawsuit;
Discussion is informational only
Deliberations and decision making on
information shared in closed session must
be public.
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Exercise:
Can You find it...
in the MTAS publication The Tennessee City
Recorder???
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Break
Be back in 10 minutes
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Exercise: Where Do You Find?
Federal Minimum wage?
Federal per diem rates?
T.C.A.?
Etc.
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Where Can You Go for Help???
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Summary
Review Course Objectives
– Why do duties vary?
– Why are they the same?
– Where can I go for help?
Any Questions?
Post Test
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POST TEST
This is not to test you, but rather to
test the training.
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