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Council reviews charter language for power-board eligibility after dispute over “rate payer” definition

December 06, 2024 | Study Session Meetings, Shelbyville, Bedford County, Tennessee


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Council reviews charter language for power-board eligibility after dispute over “rate payer” definition
The mayor and city council spent a substantial portion of their Dec. 5 study session reviewing proposed charter language changes aimed at resolving who qualifies to serve on the municipal power board.

City legal counsel described a summer 2023 dispute in which an individual who was not the account holder but who produced evidence of paying utility bills asserted that, because the charter uses the term “rate payer” without definition, they qualified for a board seat. The attorney said Shelbyville Power staff and counsel told the city they prefer the charter be revised to require an "account owner" or "account holder of record" to reduce ambiguity.

Why it matters: The current ambiguity has already produced contested appointments and could lead to legal challenges over board eligibility and equal-protection claims if left unchanged. Council members focused on whether the city should require proof of account ownership, how to monitor ongoing qualifications during a three‑year term, and whether business entities should be permitted to qualify board members.

What officials said: The city attorney summarized recommendations from meetings with Power representatives, including Chair Claudia Ballard and the power system attorney, and reported that Shelbyville Power staff generally favored requiring an account owner or account owner of record rather than the broader term rate payer. The attorney said power staff also suggested simplifying eligibility by limiting qualification to an individual account owner rather than allowing corporations, partnerships or boards to qualify.

Council response and next steps: Council members said the topic needs more discussion, asked for a written memo that outlines the suggested charter language changes and their operational impacts, and proposed a follow-up workshop and a possible joint meeting with Shelbyville Power staff. The attorney said the city would consult MTAS (Municipal Technical Advisory Service) for drafting and would return language for council review before any charter amendment is published or voted on. No formal amendment or vote was taken at the study session.

What’s next: The attorney will prepare a memo summarizing the recommendations, and council members indicated they expect additional workshops and a potential January or later agenda slot for formal action after broader council input and review.

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Scribe from Workplace AI
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