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2008 Tennessee Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagtn0007 and id is 1 raw text is: STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL PO BOX 20207 NASHVILLE, TENNESSEE 37202 January 7, 2008 Opinion No. 08-01 Compensation of Gibson County Utility District Commissioners QUESTION Is the Board of Commissioners of the Gibson County Utility District authorized to raise per diem compensation to its members to three hundred dollars a day for up to twelve meetings each calendar year under Tenn. Code Ann. § 7-82-308(a)? OPINION Yes. Further, if the Gibson County Utility District is a gas utility district that is not financially distressed within the meaning of Tenn. Code Ann. § 7-82-703, the directors may raise their per diem compensation to up to five hundred dollars. ANALYSIS This opinion concerns the per diem compensation for members of the Board of Commissioners of the Gibson County Utility District. Research indicates that this District operates under Chapter 192 of the Private Acts of 1953. This act was amended in 1990 and 2002. 1990 Tenn. Priv. Acts Ch. 197; 2002 Tenn. Priv. Acts Ch. 141. The 1990 act amended Section 4 governing the Board of Commissioners. This act limited Commissioners' compensation to no more than one hundred dollars per month and reimbursement for expenses incurred in their official capacity. 1990 Tenn. Priv. Acts Ch. 197, § 2. But the 2002 act deleted and rewrote Section 4. 2002 Tenn. Priv. Acts Ch. 141, § 1. The new section does not specifically address compensation for the Board members but simply provides, All other duties, rights, compensation, and powers of the Commissioners of the Gibson County Utility District shall be governed by the Utility District Act of 1937. (Emphasis added). The Utility District Act of 1937, therefore, governs compensation for members of the Board of Commissioners of the Gibson County Utility District. The Utility District Act of 1937 is codified at Tenn. Code Ann. §§ 7-82-101, etseq. Tenn. Code Ann. § 7-82-308(a)(1), recently amended, provides in relevant part: The members of the board shall serve without compensation for their services, except that by resolution duly adopted by the board of commissioners, each commissioner may receive per diem payments for not more than twelve (12) meetings of the board

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