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Brentwood City Commission Agenda

Meeting Date:	05/29/2018
Ordinance 2018-09 - Amending Brentwood Municipal Code Section 2-29 Regarding Compensation of the Mayor and Board of Commissioners
Submitted by:	Kristen Corn, Legal
Department:	Legal

Information

Subject

Ordinance 2018-09 - Amending Brentwood Municipal Code Section 2-29 Regarding Compensation of the Mayor and Board of Commissioners

Background

Staff has identified a minor textual discrepancy in the language of the Municipal Code regarding Commissioner compensation. This proposed clean-up simply brings the code in line with the compensation that was adjusted by the Board back in 2001.

The existing section of the Municipal Code dealing with Commissioner compensation dates back to the Code adoption in 1978. This section states the following:

Sec. 2-29. - Compensation of mayor and commissioners.

The mayor shall receive $500.00 per month for each month served of his term of office. Each of the other members of the board of commissioners shall receive $450.00 per month for each month served as commissioner. A check shall be issued to each commissioner on the last regular payroll of each month as compensation for that month. Commissioners serving a partial month due to resignation, timing of elections or other causes shall be paid on a pro rata basis to be determined by the number of meetings attended as a commissioner or other reasonable factors.

In 2001, an amendment to the City Manager – Commission general law charter was approved by the state legislature that provided an option for the Board of Commissioners to set the salary annually as part of the budget adoption provided any increase doesn’t take effect in the middle of a term. This language is found in Tenn. Code Ann. 6-20-204(c) as follows:

Tenn. Code Ann. 6-20-204. - Compensation of mayor and commissioners.
* * *
(c) (1) Notwithstanding the limits established in subsections (a) and (b), the salaries of the mayor and commissioners may be established annually by the board of commissioners at the time of adoption of the annual operating budget; provided, however, that such salaries shall not be increased or diminished prior to the end of the term for which such officials were elected.
(2) The provisions of this subsection (c) shall become effective upon approval by a two-thirds ( 2/3 ) vote of the board of commissioners.

As part of the adoption of the FY 2002 budget in June 2001, the Board of Commissioners at the time unanimously voted to adopt the authority granted by this state law and also voted to increase the pay by $500 per month to the current $1,000 for the Mayor and $950 for Commissioners. There has been no increase since. While that action in 2001 was done correctly and in full compliance with state law, the Municipal Code language in Section 2-29 was never updated to reflect such change.

The attached ordinance would amend Section 2-29 of the Municipal Code to mirror the language of T.C.A. 6-20-204. This action does not alter in any way the current compensation of the Mayor or Commissioners.

Please contact the City Attorney if you have any questions about this ordinance.

Staff Recommendation

Staff recommends passage of the accompanying ordinance.

Fiscal Impact

Attachments
Ord 2018-09 - Commissioner Compensation
Memo re: FY2002 Budget Amendments
June 2001 Commission Minutes