Tennessee § 7-82-602 - Commissioners.

§ 7-82-602. Commissioners.

Except as provided in subdivision (a)(1)(B), the commissioners nominated in such petition shall be designated in such a manner that each county situated in whole or in part in the proposed district shall be represented on the board of commissioners by at least one (1) person resident in such county and in the district or owning property within such county and the district, and the county mayor shall appoint commissioners in like manner. In any county having a population of not less than twenty-seven thousand nine hundred (27,900) nor more than twenty-seven thousand nine hundred twenty (27,920), according to the 1980 federal census or any subsequent federal census, the commissioners nominated in such petition shall be designated in such a manner that each county situated in whole or in part in the proposed district shall be represented on the board of commissioners by at least one (1) resident of such county and of the district, and the county mayor shall appoint commissioners in like manner. If the proposed district is to comprise two (2) counties or parts of two (2) counties, the petition shall nominate three (3) commissioners. If the proposed district is to comprise three (3) or more counties or parts of three (3) or more counties, the petition shall nominate a number of commissioners equal to the number of counties or parts of counties to be included in such district; provided, that where the proposed district is to comprise an even number of counties or parts of counties, up to six (6), the petition shall nominate a number of commissioners equal to the number of counties, plus one (1) commissioner at large. If the proposed district is to comprise eight (8) or more counties or parts of counties, the petition shall nominate eight (8) residents of the district, and it shall not be necessary for each county to be represented on the board; however, each of the eight (8) commissioners shall be from separate counties, it being the purpose and intent of this subdivision (a)(2)(C) to limit the number of commissioners of any district to eight (8). Any existing districts with seven (7) commissioners serving districts comprised of more than seven (7) counties or parts of seven (7) counties shall add a qualified commissioner from the county having the largest number of district customers among those counties not already having a commissioner. Any commissioner added pursuant to subdivision (a)(2)(C)(i) to existing utility districts shall be made utilizing the applicable procedures described in § 7-82-307. The term for the added commissioner shall be four (4) years beginning July 12, 2016. The first certified list of nominees shall be submitted to the appropriate county mayor no later than May 1, 2016. In districts comprising seven (7) or more counties or parts of counties, the commissioners shall be entitled to receive compensation for their services in an amount not to exceed one hundred dollars ($100) per day for each day's attendance of the meetings of the board in the performance of their official duties. The amount of compensation shall be fixed by the board of commissioners, but the compensation shall not exceed the sum of one hundred dollars ($100) per day. No member of a board of commissioners shall draw compensation in excess of one thousand two hundred dollars ($1,200) for such services during any one (1) calendar year. In natural gas districts serving counties with a population of not less than twenty-nine thousand one hundred (29,100) nor more than twenty-nine thousand four hundred (29,400) and not less than thirty-three thousand ten (33,010) nor more than thirty-three thousand five hundred (33,500), according to the 1990 federal census or any subsequent federal census, there shall be five (5) commissioners. Each county shall be represented by at least two (2) commissioners. Acts 1955, ch. 275, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 6-2629; Acts 1980, ch. 794, § 1; 1987, ch. 162, §§ 1, 3; 1993, ch. 154, § 1; 2003, ch. 90, § 2; 2015, ch. 452, § 1. Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. 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. Amendments. The 2015 amendment rewrote (a)(2), which read: “If the proposed district is to comprise two (2) counties or parts of two (2) counties, the petition shall nominate three (3) commissioners. If the proposed district is to comprise three (3) or more counties or parts of three (3) or more counties, the petition shall nominate a number of commissioners equal to the number of counties or parts of counties to be included in such district; provided, that where the proposed district is to comprise an even number of counties, or parts of counties, the petition shall nominate a number of commissioners equal to the number of counties, plus one (1) commissioner at large. If the proposed district is to comprise seven (7) or more counties or parts of counties, the petition shall nominate seven (7) residents of the district, and it shall not be necessary for each county to be represented on the board; however, each of the seven (7) commissioners shall be from separate counties, it being the purpose and intent of this subdivision (a)(2) to limit the number of commissioners of any district to seven (7).” Effective Dates. Acts 2015, ch. 452, § 2. May 18, 2015. Cross-References. Waiver of provisions, § 7-82-202 . Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Gas Companies, § 7.