Athens City Charter

Section 1. Be it further enacted, That the City of Athens is hereby created a separate school district, and there is hereby created a Board of Education of and for the City of Athens, which shall consist of six members, which board shall be a body corporate and may sue and be sued, contract and be contracted with, in its own name. The general school laws of the State in regard to common schools shall apply to the City of Athens so far as the same are not modified herein, and the said district shall be entitled to all sums of money from the public school fund that it would be entitled to receive if the district were organized under the general laws of the State.

Section 2. Be it further enacted, That except as herein otherwise provided, said Board of Education shall have full and exclusive power and authority as trustees or directors, to manage, control and regulate the public or city schools; to maintain and adequately insure all school property; to elect or employ competent and qualified teachers and a Superintendent of Schools; and prescribe all needful rules and regulations for the government, control and operation of said schools and the teachers and superintendent thereof. Said Board of Education shall also adopt and prescribe all necessary rules and regulations for its own conduct, and the dispatch of its business.

Section 3. Be it further enacted, That the qualifications of the members of the Board of Education shall be the same as the qualifications of City Councilpersons as provided in Article V of this Act, and no person shall be eligible as a member of the Board of Education who is a candidate for or a member of the City Council of the City of Athens. The members of said Board shall be elected at the same time and in the same manner as members of the City Council.

Section 4. Be it further enacted, That there are hereby named as members of said Board of Education as follows:

Colmar Allen and Clyde Burns to serve until the first Monday in July, 1953;

Mrs. Henry Boyd and Rufus Houser to serve until the first Monday in July, 1955;

Emory Hamby and Reed Shell to serve until the first Monday in July, 1957.

Section 5. Be it further enacted, That at the regular election for the City Council for the City of Athens on the first Tuesday following the first Monday in November of each even-numbered year three (3) members of the Board of Education shall be elected for terms of four (4) years and until their successors are elected and qualified. The incumbent Board of Education members whose terms expire in July of 1999 shall have their terms extended to the third Tuesday in November of 2000. The incumbent Board of Education members whose terms expire in July of 2001 shall have their terms extended to the third Tuesday in November 2002. The newly elected Board of Education members shall be sworn in and assume their official duties at the first Board of Education meeting following the official certification of the election. [As replaced by Priv. Acts 1997, ch. 25, § 1; and Priv. Acts 1998, ch. 164, § 4; and amended by Priv. Acts 2001, ch. 16, § 1]

Section 6. Be it further enacted, That the Board of Education, in the event of a vacancy shall occur in the membership of said board, caused by death, resignation, removal from the city, or otherwise, shall have the power to provide an incumbent for said office until the next regular city election coming thereafter, at which time, the qualified voters of the City of Athens shall fill said office for the unexpired term.

Section 7. Be it further enacted, That said Board of Education shall, at its first meeting after the official certification of each general city election elect from its number for a one-year term, a Chairperson, a Vice-Chairperson, a Secretary, and a Treasurer. Upon the expiration of these one-year terms, the Board of Education shall elect from its number a Chairperson, a Vice-Chairperson, a Secretary, and a Treasurer to serve for a one-year term or until the official certification of a General City Election at which time these offices shall be elected again for a one-year term; provided, however, that the board in its discretion, may combine the latter two (2) officers and may appoint the Superintendent of Schools as its Secretary or Treasurer, either or both. Said Board of Education shall keep minutes of all its proceedings in a well bound book, signed by the Chairperson and attested by the Secretary--said book to constitute a permanent and public record. The Treasurer shall receive and hold all school money for the City of Athens, from whatever source (until disbursed on checks signed by himself and countersigned by the Chairperson); provided, that the Treasurer of said board shall, before entering upon the duties of his office, file a bond with the head of the Department of Finance of the City of Athens, in the minimum sum of five thousand dollars ($5,000.00), or such other and additional amount as the board may require, endorsed by a responsible indemnity corporation, costs for which shall be paid by check issued by said board conditioned upon the faithful discharge of his duties, which bond shall be approved by the Board of Education.

Checks shall be issued only when adequate funds are available for the purpose and where the particular expenditure is authorized by the school budget hereinafter referred to. (Said Treasurer shall submit a periodic financial statement to the City Council.) [As amended by Priv. Acts 2007, ch. 3, § 2, and replaced by Priv. Acts 2019, ch 7, § 2]

Section 8. Be it further enacted, That the county trustee, the county court clerk of McMinn County, or any other tax collector shall pay over to the Treasurer of the Board of Education of the City of Athens out of all moneys collected by them for school purposes from any sources such portion as by law is applicable to the schools of the City of Athens.

Section 9. Be it further enacted, That salaries of superintendent, principals, teachers and others employed by the schools shall be fixed by the board before their election, and said salary schedule shall be written into the minutes of said Board of Education.

Section 10. Be it further enacted, That the Board of Education shall keep within and shall not at any time exceed the budget provided and authorized by the City Council of the city, with respect to the expense of operating the city school system. The Board of Education shall each year prepare and submit to the City Manager a proposed budget for the ensuing year. Said budget shall be prepared on forms as prescribed in Article XVII, and contain information consistent with that requirement by the State Department of Education, including a detailed estimate of incoming revenue and proposed expenditures. Whenever the funds required for the operation of schools shall exceed the estimated revenues from all other sources, such as State and Federal aid, then the City Council shall provide such funds by the tax levy; provided, however, that if the funds required by said budget from the city shall, in the judgment of the City Council, require a sum greater than can reasonably be furnished by the city, then said Council shall notify the Board of Education. Thereafter, and as soon as practicable, the Board of Education and the City Council shall confer together and, if possible, arrive at a figure to the mutual satisfaction of both. If no such satisfactory figure can be agreed upon, then the Council shall immediately call a referendum. Said referendum shall propose the question of whether the city shall provide the funds required by the proposed budget of the Board of Education or whether the city shall provide such amount as in its judgment can be practically and reasonably provided, such amount to be indicated on the ballot and the voters given a choice between the two amounts. If a majority of the qualified voters of the city voting on said question shall vote for the figure proposed by the Board of Education, then said figure shall be provided by the Council through tax levy; if such majority shall vote for the figures set by the Council, then this latter amount shall be furnished by the city and the Board of Education shall accordingly revise its budget.

Section 11. Be it further enacted, that whenever the Board of Education shall deem advisable the construction of new school buildings, the renovation of existing buildings, or the purchase of real estate for school purposes, it shall present to the City Council the plans for said buildings and/or a description of said real estate, together with the estimated cost of the same. The City Council shall provide the necessary funds by the issuance of bonds as authorized in this Act or any subsequent enabling Act, or from other available funds; if in the judgment of said Council the necessary funds cannot be reasonably provided, then it shall, by ordinance, provide for submitting the question of whether such funds shall be raised by any authorized issuance of bonds or by other means, to the qualified voters of the city, and if a majority of said voters voting at said election shall vote for providing such sum, then the same shall be provided in the manner and on the conditions named and prescribed in the proposition voted upon. Provided, further, that in the event of construction of school buildings, it shall be the duty and responsibility of the Board of Education to secure plans and specifications and the duty of the Board of Education to let contracts for construction aid supervise and carry out the same. [As amended by Priv. Acts 2004, ch. 92, § 9]

Section 12. Be it further enacted, That the Board of Education of the City of Athens, through its Chairman and Secretary-Treasurer, is authorized and empowered to borrow money to operate and maintain schools in said city and to issue interest bearing notes at the lowest interest rates available as an evidence of such moneys so borrowed, in anticipation of the collection of current school funds. [As amended by Priv. Acts 1977, ch. 60, § 3]

Section 13. Be it further enacted, That no purchase or contract involving over the state-adopted maximum as provided in Tennessee Code Annotated, Title 6, Chapter 56, Part 3 shall be made or entered into by the Board of Education or its duly authorized representatives without first having received competitive bids, but no purchase shall be made at any one time in an amount which in the aggregate will exceed the state-adopted maximum as provided in Tennessee Code Annotated, Title 6, Chapter 56, Part 3, unless bids have been requested and award made on bid most advantageous to the city. When the lowest bid is not awarded, the reason for such action shall be given in writing in the minutes of said board. [As amended by Priv. Acts 1986, ch. 121, § 2; Priv. Acts 1992, ch. 215, § 12; Priv. Acts 2002, ch. 114, § 2, and Priv. Acts 2019, ch. 7, § 3]

Section 14. Be it further enacted, That prior to the end of each fiscal year the Board of Education 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 Board of Education and shall submit their report to the Board of Education and to the City Council. Said report shall be entered and become a permanent part of the minutes of a regular meeting of the Board of Education and of the City Council. This audit may be conducted on an annual, a quarterly, or continuous basis. Such certified public accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the Board of Education or any of its officers.

Section 15. Be it further enacted, That this Act shall in no wise relieve the governing body of said city of the responsibility of furnishing suitable school buildings, equipment and supplies for the operation of the schools.