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University programs brief committee on private acts, compilation and local approvals
Summary
Representatives from the University of Tennessee—s CTAS and MTAS described how private acts work, how the agencies support counties and municipalities, and where local ratification is required; legislators asked about funding, planning services and when charter changes require private acts.
Representatives from the University of Tennessee—s County Technical Assistance Service (CTAS) and the Municipal Technical Advisory Service (MTAS) told the Private Act Committee that private acts remain a key legal tool for county and municipal charters and authorities and described how each program assists local governments.
"I'm John Walden with the University of Tennessee's County Technical Assistance Service, CTAS," said John Walden, introducing the CTAS team. The presentation explained CTAS and MTAS provide technical assistance, training and legal consulting to local governments and that CTAS compiles private acts for each of Tennessee's 95 counties.
The committee heard why counties and cities sometimes use private acts: they can create or authorize offices or powers not spelled out in general law and can be required to amend charters. "They generally do for counties two things, either provide authority where general law is silent," said Christy Brown, manager of legal services at CTAS. Brown said private acts have been used for matters including certain taxes and creating offices such as chief administrative positions in county highway departments.
Walden and Brown said CTAS tracks private acts through the legislative process, confirms local ratification where required, and maintains an online compilation of private acts by county and by subject. Brown said the CTAS library includes bound private-act volumes dating back to 1837 and that CTAS responded to more than 25,000 requests from county officials and staff last year; she said CTAS has a staff of 38.
Ab Oglesby, legal program manager with MTAS, said MTAS provides parallel services to cities and towns and that charter amendments commonly proposed as private acts include changing board size or form of government. "When we get word that a community would like to have a charter amendment, we recommended the first step they take is to get the verbiage down on what they want changed and then go to your local legislators," Oglesby said, describing a common process that also often includes a local resolution before a legislator files a private act.
Committee members asked clarifying questions. Representative Stevens asked, "How is CTAS and or how are CTAS and MTAS funded?" Brown replied that CTAS receives state funding and a large portion of its budget comes from TVA in-lieu payments, and that assistance is provided to counties without a fee. Representative Hemmer asked why a utilities-board salary increase might need a private act; Brown and Oglesby explained that if the board or salary authority was established by a private act, any change to that authority typically requires amending the private act.
Members also asked about planning and zoning assistance since a local planning division moved out of Tennessee's Economic and Community Development agency. Oglesby said municipalities now often rely on external engineering or planning firms and that MTAS can handle zoning questions but that access to planning assistance has become more difficult since that state function moved.
Lawyers and staff in the meeting underlined CTAS and MTAS— advisory role. Doug Garrett of the Office of Legal Services said, "these people provide an invaluable service to our office and to, of course, many of you had dealt with them before." Committee members asked about training and outreach; MTAS said its management consultants are assigned territories and visit municipalities regularly, and CTAS said it offers programs such as accounting and county finance officer training.
The committee returned to session after the presentation and adjourned. The discussion did not produce a committee vote on legislation; it focused on the agencies' roles, resources and procedural steps for drafting and ratifying private acts.
Ending: The presenters encouraged members to contact CTAS and MTAS for assistance; both agencies said they maintain compilations of private acts online and will continue to field questions about charter amendments, local ratification and related legal issues.
