FAYETTEVILLE, Tenn. — A heated discussion at the Jan. 9 Fayetteville work session focused on mayoral recommendations to the Fayetteville Public Utilities (FPU) board and legal questions about whether several current board members are serving after their terms expired.

Council members pressed for legal clarity after one member said he reviewed the city charter and a 1963 private act governing FPU and “nowhere have I found within our city charter… that members that have expired shall continue to serve.” That council member asked the city attorney to confirm whether the board’s current composition is lawful before the council votes on the mayor’s recommendations on Tuesday.

Nut graf: The debate raised two issues — whether several FPU board seats have lapsed without formal reappointment and how the city’s charter language interacts with the private act that created the utility board. Council members asked for a legal opinion to avoid exposing FPU business to future challenge.

Council members described public concern about reappointments and board tenure. One council member recounted public comments and said residents believe board membership can become effectively permanent: “What I hear from the public is that mister Dye hand picked his board. I don't think that's true,” the council member said, urging changes to bring new perspectives. Mayor Ford responded that the mayor has the authority to recommend appointments and that reappointments are a routine part of governance.

City staff said they would consult the city attorney and provide legal guidance before the Tuesday vote. City legal counsel present said the city has previously received advice that sitting members continue to serve until successors are appointed, but he pledged to confirm and bring a formal opinion back to the council.

Ending: Council members agreed to delay final action on the mayor’s FPU recommendations until the attorney confirms whether the existing board membership and the process used adhere to the city charter and applicable state law; the council also signaled interest in reviewing charter language and appointment procedures.