Athens City Charter

Section 1. Be it further enacted, That the Councilpersons at the first regular meeting after the first and each biennial election, shall elect one of their number mayor for a term of two years, and thus organized, the body shall be known as the City Council. [As amended by Priv. Acts 2024, ch. 60, § 3]

Section 2. Be it further enacted, That any qualified voter of the city who resides in the city shall be eligible for election to the Office of Councilperson, provided that a failure to continue to reside in the city shall vacate such person's office. Councilpersons shall serve no more than three (3) terms. The three-term limit shall begin with the 2024 and 2026 elections. Furthermore, if a Councilperson was appointed mid-term, then that appointed term shall not count toward the three-term limit prescribed herein. [As amended by Priv. Acts 1992, ch. 215, § 2; and Priv. Acts 2024, ch. 60, § 3]

Section 3. Be it further enacted, That no person shall become a Councilperson who shall have been convicted of malfeasance in office, bribery, or other corrupt practice, or crime, or of violating any of the provisions of Section 3645 of the Code of Tennessee in reference to elections, and if any Councilperson shall be so convicted, he shall forfeit his office. [As amended by Priv. Acts 2024, ch. 60, § 3]

Section 4. Be it further enacted, The compensation of the Mayor and Councilmembers shall be established from time to time by ordinance duly adopted by the City Council, subject to any limitations imposed by Tennessee law. No change in compensation shall take effect during the term for which the Mayor or any Councilmember was elected; however, such changes may take effect for subsequent terms of office. [As replaced by Priv. Acts 1986, ch. 121, § 1; further replaced by Priv. Acts 1998, ch. 164, § 3; and as amended by Priv. Acts 2024, ch. 60, § 3; further replaced by Private Acts of 2026, ch. 46, § 1]

Section 5. Be it further enacted, That the legislative and all other powers except as otherwise provided by this charter are delegated to and vested in the City Council; and the City Council may, by ordinance or resolution not inconsistent with this charter, prescribe the manner in which any powers of the city shall be exercised, provide all means necessary or proper therefor, and do all things needful within or without the City or State to protect the rights of the City.

Section 6. Be it further enacted, That the City Council shall exercise its powers in session duly assembled, and no member or group of members thereof, shall exercise or attempt to exercise the powers conferred upon the City Council except through proceedings adopted at some regular or special session.

Section 7. Be it further enacted, That the City Council shall, by ordinance, fix the time and place at which the regular meetings of said board shall be held.

Section 8. Be it further enacted, That whenever, in the opinion of the Mayor or of any two Councilpersons, the welfare of the city demands it, the Mayor shall call special meetings of the City Council upon at least twelve hours written notice served on each Councilperson personally, or left at his usual place of residence. Each call for special meeting shall set forth the character of the business to be discussed at such meeting and no other business shall be considered at such meeting. [As amended by Priv. Acts 2024, ch. 60, § 3]

Section 9. Be it further enacted, That the Mayor shall preside at all meetings of the City Council.

Section 10. Be it further enacted, That when any vacancy in said council shall occur, such vacancy shall be filled by the Councilpersons. The newly elected member shall serve until the third Tuesday in November following the next regular election or until his successor shall be elected and qualified for the unexpired term. [As amended by Priv. Acts 2000, ch. 83, § 2; and Priv. Acts 2024, ch. 60, § 3]

Section 11. Be it further enacted, That at the first meeting of the Council, and thereafter at the first meeting after a general city election, said Council shall choose from its membership a Vice-Mayor to act in the absence or disability of the Mayor.

Section 12. Be it further enacted, That such member shall act as Mayor during any temporary absence or disability of the Mayor, and whenever a permanent vacancy occurs in the office of Mayor, such member shall become Mayor and hold office as such for the unexpired term, and the office of Councilperson thus vacated, shall be filled as otherwise provided herein; and a new Vice-Mayor shall be chosen from the Councilpersons at their next regular meeting. [As amended by Priv. Acts 2024, ch. 60, § 3]

Section 13. Be it further enacted, That a majority of all the members of said Council shall constitute a quorum, but a smaller number may adjourn from day to day or from time to time and may compel the attending of the absentees in such manner and under such penalties as the City Council may provide. Unless otherwise provided in this charter, a majority of all members of the Council shall be required to pass an ordinance, resolution or motion.

Section 14. Be it further enacted, That said City Council may determine the rules of its proceedings, subject to this charter, and may arrest and punish by fine or imprisonment, or both, any member or other person guilty of disorderly or contemptuous behavior in its presence. It shall have power and may delegate it to any committee, to subpoena witnesses, and order the production of books and papers relating to any subject within its jurisdiction; to call upon its own officers or the chief of police to execute its process, and to arrest and punish by fine or imprisonment, or both, any person refusing to obey such subpoena or order.

Its presiding officer or the chairman of any committee may administer oaths to witnesses. It shall keep a journal of its proceedings, and the yeas and nays on all questions shall be entered therein. [As amended by Priv. Acts 1994, ch. 180, § 3]

Section 15. Be it further enacted, That all sessions of the Council shall be public, and subject to change of time and/ or place in case of emergency.

Section 16. Be it further enacted, That prior to the end of each fiscal year the Council shall designate a certified public accountant who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit their report to the Council and to the City Manager. Said report shall be entered and become a permanent part of the minutes of a regular meeting of the City Council. This Audit may be conducted on an annual, quarterly, or a continuous basis. Such accountants shall have no personal interest, directly or indirectly, in the fiscal affairs of the city government or any of its officers. The City Council shall cause to be published annually a notice to the general public that an audit opinion has been received and copies are available for review in the Department of Finance. This notice shall be published within 30 days of the deadline for filing such reports with the State Comptroller's office. [As amended by Priv. Acts 1990, ch. 213, § 9; and Priv. Acts 2004, ch. 92, § 1]

Section 17. Be it further enacted, That in the case of the death, resignation or removal of the City Manager, as soon as practicable thereafter, the City Council shall cause an audit to be made of the city books by a certified public accountant.

Section 18. Be it further enacted, That all powers of the city and the determination of all matters of policy shall be vested in the Council. Without limitation of the foregoing, the Council shall have power to:

1. (1) Appoint and remove the City Manager;
2. (2) Establish other administrative departments and distribute the work of the division;
3. (3) Adopt the budget;
4. (4) Inquire into the conduct of any office, department or agency of the city and make investigations as to municipal affairs;
5. (5) Appoint the members of the Athens Utilities Board;
6. (6) Appoint all other boards, except members of the Board of Education, that may now or hereafter be authorized by law;
7. (7) Adopt plats;
8. (8) Adopt and modify the official map of the city;
9. (9) Regulate and restrict the height and number of stories of buildings and other structures, the size of yards and courts; the density of populations and the location and use of buildings for trade, industry, business, residence or other purposes;
10. (10) Provide for safe and sanitary housing accommodations for families of low income;
11. (11) Create a housing authority;
12. (12) Adopt, modify and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas;
13. (13) Adopt, modify and carry out plans proposed by the planning commission for the re-planning, improvement and re-development of the neighborhoods and for the re-planning, reconstruction or re-development of any area or district which may have been destroyed in whole or in part by disaster.

Section 19. Be it further enacted, That neither the Council nor any of its members shall request, propose, direct or otherwise attempt to influence the City Manager, or any of his subordinates in the selection, promotion, or demotion, or removal of an employee in any administrative service or activity, or office of the city government. Neither the Council nor the members thereof, shall give any orders to any subordinate of the Manager, either publicly or privately, directly or indirectly.