Tennessee § 5-5-107 - Compensation of members.

§ 5-5-107. Compensation of members.

The several county legislative bodies are authorized to fix the compensation of their membership in attending sessions of the county legislative body and duly authorized committees thereof. The counties are hereby classified in accordance with § 8-24-101, and the compensation fixed by the county legislative body for attending sessions of the body shall in no case be less than the applicable amount as follows: Counties of the third class $35/day Counties of the fourth class $30/day Counties of the fifth class $25/day Counties of the sixth class $20/day Counties of the seventh class $20/day Counties of the eighth class $20/day Upon adoption of a resolution by a two-thirds (2/3) vote of its membership, the county legislative body of any county having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census, shall fix the salary of the members of the county legislative body by June 30, 1999, to become effective July 1, 1999. On July 1, 2000, and each July 1 thereafter, the compensation for members of the county legislative body shall be adjusted to reflect the same percentage increase the county mayor of such county is to receive. A county may adopt a resolution to pay members of the legislative body: An amount greater than the minimum daily compensation for attendance at meetings of the body as provided in subdivision (b)(1), or at committee meetings for which the member is an appointed member; A base salary; or A base salary and an amount greater than or equal to the minimum daily compensation for attendance at meetings of the body as provided in subdivision (b)(1), or at committee meetings for which the member is an appointed member. Notwithstanding subsection (d), a county opting to pay members under this subdivision (c)(3) may set the compensation rate for attendance at committee meetings of the legislative body. The compensation fixed by the county legislative body for attending duly authorized committee meetings of such body shall be one half (½) of the compensation paid for attending regular sessions of the body. Any increase in compensation for members of the county legislative body does not take effect until the beginning of the term following the next election of county commissioners after the resolution increasing the compensation is adopted. Acts 1974, ch. 736, § 1; 1978, ch. 934, § 15; T.C.A., § 5-507; Acts 1980, ch. 687, § 1; 1990, ch. 1001, § 1; 1991, ch. 422, §§ 1, 2; 1993, ch. 121, § 1; 1999, ch. 174, § 1; 2003, ch. 90, § 2; 2020, ch. 536, §§ 1, 2. Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Amendments. The 2020 amendment rewrote (c), which read: “The amount provided in this section, or a greater amount provided by resolution duly adopted by the county legislative body, shall be paid to the members for each day's attendance at meetings of the body or any duly authorized committee thereof, or a greater amount provided by resolution duly adopted by the county legislative body as a stated salary per month.”; and added (e). Effective Dates. Acts 2020, ch. 536, § 3. March 19, 2020. Cross-References. Option to redesignate county mayor as county executive by private act, § 5-6-101 . Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 11. Law Reviews. The Tennessee Court System — The County Court, 8 Mem. St. U.L. Rev. 419 (1978). Attorney General Opinions. A county legislative body has the option of compensating its members either in the form of a so-called “per diem” payment for each day's attendance at regular and committee meetings or in the form of a stated salary per month, OAG 00-153, 2000 Tenn. AG LEXIS 155 (10/9/00). County commission may raise or lower the compensation of its members during the present term, as long as they maintain the statutory minimum and are not covered by the population restrictions of subdivision (b)(2) of this section, OAG 04-015, 2004 Tenn. AG LEXIS 15 (2/05/04). Member of a county legislative body may not accept an amount less than that set by the majority of the body, OAG 04-015, 2004 Tenn. AG LEXIS 15 (2/05/04). This section authorizes only uniform compensation for all members, OAG 05-004, 2005 Tenn. AG LEXIS 4 (1/05/05).