Oakland - Subject to local approval, transfers authority to appoint and remove all directors and department heads, excluding the town recorder, from the board of mayor and aldermen to the town manager. - Amends Chapter 1, the official text

HOUSE BILL 2652
                         By Gant

SENATE BILL 2715
      By Walley

                                       AN ACT to amend Chapter 167 of the Private Acts of 1994; as
                                                   amended by Chapter 39 of the Private Acts of 2020;
                                                   Chapter 30 of the Private Acts of 2023; Chapter 26 of the
                                                   Private Acts of 2025; and any other acts amendatory
                                                   thereto, relative to the charter of the Town of Oakland.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
         SECTION 1. Chapter 167 of the Private Acts of 1994, as amended by Chapter 39 of the

Private Acts of 2020, Chapter 30 of the Private Acts of 2023, Chapter 26 of the Private Acts of
2025, and any other acts amendatory thereto, is amended in SECTION 7 by deleting subsection
5 and substituting the following:

                             (5) The Board of Mayor and Aldermen by majority vote of the full Board
                   shall have the power and authority to appoint and remove the Town Recorder
                   who shall serve at the pleasure of the Board, and may be removed by it at any
                   time.
         SECTION 2. Chapter 167 of the Private Acts of 1994, as amended by Chapter 39 of the
Private Acts of 2020, Chapter 30 of the Private Acts of 2023, and any other acts amendatory
thereto, is amended by deleting SECTION 14 and substituting the following:
                   SECTION 14. Be it further enacted, that the Board of Mayor and Aldermen shall
         appoint and fix the salary of the Town Manager, who shall serve at the will of the Board
         of Mayor and Aldermen.
                   The Board of Mayor and Aldermen shall designate an administrative officer of the
         town as acting Town Manager to serve during any temporary absence or disability of the
         manager.
                   The Town Manager shall be the chief administrative officer of the Town;
         responsible to the Board of Mayor and Aldermen for the direction and administration of

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all offices, departments, and activities placed in his or her charge by this Charter or the
Board of Mayor and Aldermen. The Board of Mayor and Aldermen and its members
shall deal with the administrative services of the Town solely through the Town Manager,
and neither the Board of Mayor and Aldermen nor any member thereof shall give orders
to any of the subordinates of the Town Manager, either publicly or privately. The powers
and duties of the Town Manager shall be:

         1. To discipline all directors and/or department heads and to appoint and
         remove all subordinate officers and employees, in accordance with any
         personnel rules and regulations adopted by ordinance or resolution of the Board.
         He or she may authorize any administrative officer who is subject to his direction
         and supervision to exercise these powers with respect to subordinates in that
         officer's department or office;
         2. To appoint and remove all directors and/or department heads, excluding
         the Town Recorder. Department heads shall be considered at-will employees
         with no expectation of a property right in their positions of employment and may
         be removed at any time;
         3. To see that all laws and ordinances, subject to enforcement by him or her
         or by officers subject to his direction, are enforced, and upon knowledge or
         information of any violation thereof, to see that prosecutions are instituted;
         4. To attend all Board of Mayor and Aldermen meetings and to have the
         right to take part in any discussions, but not to vote;
         5. To prepare and submit an annual operating budget and an annual capital
         budget update to the Board of Mayor and Aldermen at the appropriate time;
         6. To submit to the Board of Mayor and Aldermen a complete report on the
         financial condition of each department of the town at the end of each month;
         7. To make such other reports on the activities of the Town as the Board of
         Mayor and Aldermen may require or as he or she sees the need for and to make

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                   such recommendations as in his opinion, are necessary to improve the
                   effectiveness and efficiency of the Town's operations or as needed for the overall
                   good of the Town;
                   8. To make all purchases for the Town, consistent with Section 19 of this
                   charter; and
                   9. To perform other duties required by this Charter or the Board of
                   Mayor and Aldermen.
         SECTION 3. This act shall have no effect unless it is approved by a two-thirds (2/3) vote
of the legislative body of the Town of Oakland. Its approval or nonapproval shall be proclaimed
by the presiding officer of the legislative body and certified to the Secretary of State.
         SECTION 4. For the purpose of approving or rejecting the provisions of this act, it shall
be effective upon becoming law, the public welfare requiring it. For all other purposes, it shall
become effective upon being approved as provided in Section 3.

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