February 2018 Volume 101

County OfficialsPromoting better county government E-News through direct assistance to county officials and their associations.

EEOC Releases Enforcement and Litigation Data for 2017

The U.S. Equal Employment “Over the past year, the EEOC percent) Opportunity Commission (EEOC) has remained steadfast in its »» Religion: 3,436 (4.1 percent) today announced that 84,254 commitment to its core values workplace discrimination charges and mission: to vigorously enforce »» Color: 3,240 (3.8 percent) were filed with the federal agency our nation’s civil rights laws,” said »» Equal Pay Act: 996 (1.2 per- nationwide during fiscal year (FY) EEOC Acting Chair Victoria A. cent) 2017 and secured $398 million Lipnic. “The results for the last »» Genetic Information: 206 (.2 for victims in the private sector fiscal year demonstrate exactly percent) and state and local government that.” workplaces through voluntary These percentages add up to The FY 2017 data show that resolutions and litigation. The more than 100 because some retaliation was the most comprehensive enforcement and charges allege multiple bases. frequently filed charge filed with litigation statistics for FY 2017, the agency, followed by race EEOC legal staff filed 184 merits which ended Sept. 30, 2017, are and disability. The agency also lawsuits alleging discrimination posted on the agency’s website. received 6,696 sexual harassment in fiscal year 2017. The lawsuits The EEOC resolved 99,109 charges and obtained $46.3 filed by the EEOC included 124 charges in FY 2017 and reduced million in monetary benefits for individual suits and 30 suits the charge workload by 16.2 victims of sexual harassment. involving multiple victims or percent to 61,621, the lowest Specifically, the charge numbers discriminatory policies and 30 level of inventory in 10 years. The show the following breakdowns systemic discrimination cases. agency achieved this by deploying by bases alleged, in descending At the end of the fiscal year, the new strategies to more efficiently order: EEOC had 242 cases on its active docket. The EEOC achieved prioritize charges with merit, more »» Retaliation: 41,097 (48.8 per- quickly resolve investigations, cent of all charges filed) a successful outcome in 90.8 and improve the agency’s digital percent of all suit resolutions. »» Race: 28,528 (33.9 percent) systems. The agency handled For more information on the over 540,000 calls to its toll-free »» Disability: 26,838 (31.9 percent) EEOC, please visit their website at number and more than 155,000 »» Sex: 25,605 (30.4 percent) http://eeoc.gov. inquiries in field offices, reflecting the significant public demand for »» Age: 18,376 (21.8 percent) the EEOC’s services. »» National Origin: 8,299 (9.8

In This Issue: 2018 Environmental Stewardship Award Nominations 2 Need Official Bonds or Insurance? 2 Training Opportunities 3 answers? IRS Standard Mileage Rate Increase for 2018 3 Supreme Court Decision on Refunds of Local Taxes 4 Check e-Li. County Spotlight: McNairy County 5 Volkswagen Diesel Settlement Grant Info 5

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NOW ACCEPTING NOMINATIONS 2018 Governor’s Environmental Stewardship Awards Each year, the Governor’s Resources, Environmental Environmental Stewardship Education and Outreach, Awards honor outstanding Environmental Education and accomplishments that support Outreach (school category), the protection and enhancement Land Use, Materials Management, of Tennessee’s natural resources. Natural Heritage, Sustainable Nominating an individual, Performance, and Lifetime group, or organization for their Achievement. including level of project or achievements is a meaningful program completion, innovation, way to promote conservation and Any individual, business, and public education. The recognize effective environmental organization, educational deadline for nominations is March leadership in Tennessee. institution, or agency is eligible, 30, 2018. Award recipients will be provided it is located in Tennessee announced in May 2018. Nominations are currently being and the project was completed accepted for the 2018 Governor’s during the 2017 calendar year. If you feel like an individual or Environmental Stewardship All nominees must have a group would be a good candidate Awards, and I am asking you to minimum of three consecutive for the awards, direct them to draw on your knowledge and years of overall environmental the nomination forms and other experience to help us identify compliance with the Department pertinent information on our organizations and individuals of Environment and Conservation. website. who are improving the quality of Self-nominations are encouraged. Tennessee’s land, air, and water. If you have any questions about A panel of judges representing this program, please contact The Governor’s Environmental agricultural, conservation, forestry, Kathy Glapa, Office of Sustainable Stewardship Awards include environmental, and academic Practices, at (615) 253-8780 or ten categories: Building Green, professionals will select award [email protected]. Clean Air, Energy and Renewable recipients based on criteria

Official Bonds or Insurance? In planning for the 2018-19 budget, coverage of any proposed policy their employees of their fiduciary one of the issues the county of insurance that would substitute duties and responsibilities. A commission will need to consider for official bonds. A few of the certificate of insurance evidencing is whether to require bonds or things that should be considered the officials and offices covered, insurance for their elected and include: (1) the amount of the the amount of coverage, and the appointed officials. Following a Trustee’s bond and whether the type of coverage must be filed 2016 amendment to Tenn. Code amount of insurance proposed in the office of the register of Ann. § 8-19-101, counties have the as a substitution is adequate, (2) deeds. The certificate of insurance option of using insurance to cover whether the coverage under the satisfies the requirement for filing their officials who are required insurance policy is as broad as an official bond for the named to have individual surety bonds. the existing bond coverage, (3) officials. The minimum amount of Using insurance instead of bonds whether the insurance policy will coverage required is $400,000. is an option, not a requirement. cover claims made after the term Check with your insurance It is not “all or nothing” -- the of office ends, as a bond would do, provider about available coverage decision whether to continue and (4) the relative cost for each. and cost options. to require a bond or whether to If insurance is used, each official For more information on this topic, cover an official under a blanket to be covered must be listed by see the CTAS InfoByte – Bonds or insurance policy can be made for name in the insurance policy. The Insurance. each individual official. policy must provide government If you have questions, please Each county should review crime coverage, employee contact your CTAS County their options before deciding to dishonesty coverage, or equivalent Government Consultant. change from bonds to insurance, coverage that insures the lawful including a thorough review of the performance by officials and PagePage 22 County Officials E-News | February 2018 | Volume 101 Training Opportunities Register today! All classes are 8:30am – 12:30pm local time.

Vision to Execution: Implementing Your Strategic Plan Feb 27 – UT Conference Center, Knoxville Feb 28 – Embassy Suites, Murfreesboro

Women’s Issues in the Workplace Participant Cancellation Policy Please cancel 3 days prior to a class if you cannot Mar 7 – DoubleTree Hotel, Murfreesboro attend. Expenses are incurred for our classes based Mar 9 – Jackson Energy Authority, Jackson on the number of registrations that we have in each Mar 15 – UT Conference Center, Knoxville class.

Class Cancellation Policy Managing Conflict and Difficult Conversations, Part 2 Each class requires a minimum of 15 participants NOTE: You must have taken Part 1 to attend this class. for the class to be held. Classes with less than 15 Mar 16 – UT Conference Center, Knoxville participants enrolled will be canceled. Mar 22 – Jackson Energy Authority, Jackson Mar 23 – Embassy Suites, Murfreesboro Training | Calendar

IRS Standard Mileage Rates Increase for 2018 For counties that follow the IRS the time, place, business purpose, considered substantiated as long policy regarding standard mileage and number of miles traveled. as the employee’s reimbursement rates, the following information The employee is not required does not exceed the standard rate. may be important: the IRS has to provide a record of actual The IRS also announced changes recently announced that the expenses or receipts. to the standard mileage rate for standard business mileage rate If an employee is reimbursed for medical and moving expenses, for 2018 is 54.5 cents per mile, up more than 54.5 cents per mile which will be 18 cents per mile in from 53.5 cents per mile in 2017. in 2018 and does not provide 2018 (up from 17 cents per mile). Mileage expenses are considered supporting documentation of The 2018 standard mileage rate substantiated for reimbursement actual expenses, the excess for trips connected to charitable purposes in 2018 if the is treated as paid under a activities has remained unchanged reimbursement does not exceed “nonaccountable plan” and must at 14 cents per mile for 2018. 54.5 cents per business mile, be treated as wages (i.e., subject For more information, please visit regardless of the employee’s to employment taxes). the IRS website at https://www.irs. actual costs. However, employers are not gov/newsroom/standard-mileage- A reimbursement is free from required to pay the full 54.5 cents rates-for-2018-up-from-rates- employment taxes as long as the per mile to take advantage of for-2017. employee provides a record of the standard rate. Expenses are Page 3 County Officials E-News | February 2018 | Volume 101

Supreme Court Holds Local Taxes Must be Paid Under Protest to be Eligible for Refund In an opinion filed in the case requested a refund, but the city state taxes, T.C.A. § 67-1- of Chuck’s Package Store, refused. A group of alcoholic 901(a) still requires payment et al v. City of Morristown, beverage retailers then sued under protest to recover No. E2015-01524-SC-R11-CV, the city to recover the overpaid overpayments of municipal (Tenn. February 6, 2018), the taxes. taxes. Because T.C.A. § 67- Tennessee Supreme Court The trial court and Court of 1-901(a) applies to counties held that taxpayers must pay Appeals held that there was pursuant to T.C.A. § 67-1-912(a), municipal taxes under protest no requirement to pay under payment under protest would in order to be eligible for a protest according to T.C.A. § be required for recovery of refund. 67-1-1807. The Supreme Court, overpayments of county taxes In the case, a package store however, reversed the Court as well. had erroneously overpaid of Appeals and held that while If you have any questions, inspection fees imposed by T.C.A. § 67-1-1807(b)(1) and § please contact your CTAS field a local ordinance pursuant to 67-1-901(b) relieve taxpayers consultant. T.C.A. § 57-3-501(a)(1). Upon of the duty to pay under discovery of the error, the store protest in order to recover

County Government Day Regional Meetings West Tennessee March 15-16, 2018 DoubleTree Hotel West TN Regional Training Center - Jackson Downtown Nashville Middle Tennessee March 20-21, 2018 DoubleTree - Murfreesboro March 12-13, 2018 East Tennessee Registration now open! March 22-23, 2018 Bridgewater Place - Knoxville

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McNairy County is well-known for former Sheriff Buford Pusser, who County Spotlight served in the late 1960s. Pusser was a wrestler-turned-police chief McNairy County then constable. He was elected sheriff in 1964 and worked to eliminate County Seat: Selmer the Dixie Mafia in McNairy County. Several adaptations of Pusser’s life 2010 Population: have been made, including a 1973 film, Walking Tall. County Government In 1917, John Weeks created a new kind of burger in Corinth, Consultant: Mississippi. One hundred years later, the “slugburger” has become Kelsey Schweitzer a local delicacy in McNairy County. McNairy County slugburgers are beef patties that feature soybeans as an extender. Slugburgers are fried in oil and served with various toppings. Every year in McNairy County, local restaurants compete to be named “best slugburger” in the Slugburger Slugout. In 2017, that honor went to Pat’s Cafe.

TDEC Volkswagen Diesel Settlement Grant Information The Tennessee Department of TDEC is updating this page Environment and Conservation as additional information and Mike Stooksberry - West TN & (TDEC) has created a website to resources become available. western Middle TN provide resources to help inform Senior Environmental Tennesseans about the settlement The link to the website is: https:// Management Consultant of federal and consumer claims www.tn.gov/environment/ 475 Clement Hall relating to Volkswagen’s (VW) program-areas/energy/state- University of TN at Martin violation of the Clean Air Act by energy-office--seo-/tennessee- Martin, TN 38238 the sale of approximately 590,000 and-the-volkswagen-diesel- [email protected] model year 2009 to 2016 motor settlement.html vehicles containing 2.0 and 3.0 Kim Raia - East TN & eastern liter diesel engines equipped with CTAS environmental consultants Middle TN defeat devices. This website is will be providing assistance Environmental Management also intended to share information to counties wishing to pursue Consultant regarding Tennessee’s approach the VW Settlement Grant as it 1610 University Ave. to stakeholder outreach and use develops. Please contact your Knoxville, TN 37921 of mitigation funds available to environmental consultant for [email protected] Tennessee under the settlement. assistance:

226 Anne Dallas Dudley Boulevard, Suite 400 Nashville, TN 37219 (615) 532-3555 [email protected] Page 5