Tenn. Code Ann. § 8-7-103 — TN Code / Title 8 / Chapter 7 / Section 8-7-103
Duties
Status: in_force

Each district attorney general: (1) Shall prosecute in the courts of the district all violations of the state criminal statutes and perform all prosecutorial functions attendant thereto, including prosecuting cases in a municipal court where the municipality provides sufficient personnel to the district attorney general for that purpose; (2) Shall prosecute in the federal court all criminal cases removed from a state court in the district to any inferior court; (3) May cooperate and assist, upon the request or direction of the attorney general and reporter, in the bringing, prosecution, defense, preparation, and trial of all cases in the circuit and chancery courts in which the attorney general and reporter is required to appear for the protection of the state or the public interest; (4) Shall give an opinion, without charge, whenever called upon by any county officer in the district, upon a question of criminal law relating to the duties of the county officer's office; (5) Shall submit to the office of executive director for the district attorneys general conference within ninety (90) days after the end of each fiscal year, a written report specifying: (A) Each source from which funds were received by the office of the district attorney general during the fiscal year; (B) The amount of funds received from each source; and (C) The disposition of such funds; (6) Shall have discretion in the performance of duties and responsibilities in the allocation of resources available to such district attorney general, any other law notwithstanding; and (7) Shall have authority to delegate the foregoing duties and responsibilities to an assistant district attorney general. Code 1858, § 3961 (deriv. Acts 1823, ch. 13, § 2; 1829, ch. 43, § 1; 1833, ch. 43, § 1; 1835-1836, ch. 15, § 21; 1835-1836, ch. 28, §§ 1, 3; 1839-1840, ch. 160, § 5; 1841-1842, ch. 59, §§ 2, 3; 1841-1842, ch. 129, §§ 1, 4; 1841-1842, ch. 147, § 2; 1843-1844, ch. 103, §§ 2, 4; 1843-1844, ch. 215, § 3; 1847-1848, ch. 129, § 1; 1849-1850, ch. 247, § 3; 1851-1852, ch. 167, §§ 1, 2; 1853-1854, ch. 115, § 2); impl. am. Acts 1875, ch. 91; Acts 1899, ch. 271, §§ 1, 2; Shan., § 5768; mod. Code 1932, § 9966; modified; impl. am. Acts 1937, ch. 33, § 50; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 10, § 1; impl. am. Acts 1978, ch. 934, § 22; Acts 1979, ch. 226, § 23; 1979, ch. 318, § 23; T.C.A. (orig. ed.), § 8-702; impl. am. Acts 1979, ch. 68, § 3; Acts 1988, ch. 913, § 1; 1990, ch. 974, § 4; 1996, ch. 996, § 2; 1998, ch. 1080, § 3.
Each district attorney general:
(1) Shall prosecute in the courts of the district all violations of the state criminal statutes and perform all prosecutorial functions attendant thereto, including prosecuting cases in a municipal court where the municipality provides sufficient personnel to the district attorney general for that purpose;
(2) Shall prosecute in the federal court all criminal cases removed from a state court in the district to any inferior court;
(3) May cooperate and assist, upon the request or direction of the attorney general and reporter, in the bringing, prosecution, defense, preparation, and trial of all cases in the circuit and chancery courts in which the attorney general and reporter is required to appear for the protection of the state or the public interest;
(4) Shall give an opinion, without charge, whenever called upon by any county officer in the district, upon a question of criminal law relating to the duties of the county officer's office;
(5) Shall submit to the office of executive director for the district attorneys general conference within ninety (90) days after the end of each fiscal year, a written report specifying: (A) Each source from which funds were received by the office of the district attorney general during the fiscal year; (B) The amount of funds received from each source; and (C) The disposition of such funds;
(A) Each source from which funds were received by the office of the district attorney general during the fiscal year;
(B) The amount of funds received from each source; and
(C) The disposition of such funds;
(6) Shall have discretion in the performance of duties and responsibilities in the allocation of resources available to such district attorney general, any other law notwithstanding; and
(7) Shall have authority to delegate the foregoing duties and responsibilities to an assistant district attorney general.
Code 1858, § 3961 (deriv. Acts 1823, ch. 13, § 2; 1829, ch. 43, § 1; 1833, ch. 43, § 1; 1835-1836, ch. 15, § 21; 1835-1836, ch. 28, §§ 1, 3; 1839-1840, ch. 160, § 5; 1841-1842, ch. 59, §§ 2, 3; 1841-1842, ch. 129, §§ 1, 4; 1841-1842, ch. 147, § 2; 1843-1844, ch. 103, §§ 2, 4; 1843-1844, ch. 215, § 3; 1847-1848, ch. 129, § 1; 1849-1850, ch. 247, § 3; 1851-1852, ch. 167, §§ 1, 2; 1853-1854, ch. 115, § 2); impl. am. Acts 1875, ch. 91; Acts 1899, ch. 271, §§ 1, 2; Shan., § 5768; mod. Code 1932, § 9966; modified; impl. am. Acts 1937, ch. 33, § 50; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 10, § 1; impl. am. Acts 1978, ch. 934, § 22; Acts 1979, ch. 226, § 23; 1979, ch. 318, § 23; T.C.A. (orig. ed.), § 8-702; impl. am. Acts 1979, ch. 68, § 3; Acts 1988, ch. 913, § 1; 1990, ch. 974, § 4; 1996, ch. 996, § 2; 1998, ch. 1080, § 3.
Tenn. Code Ann. § 8-37-104 — TN Code / Title 8 / Chapter 37 / Section 8-37-104
Power of investment - Restrictions on investments
Status: in_force

(a) The board of trustees shall invest and manage assets solely in the interest of the beneficiaries of the retirement system in a manner consistent with § 35-14-107 , the prudent investor rule pursuant to § 35-14-103 , the standard of care pursuant to § 35-14-104 , and the exercise of reasonable care in delegation of investment and management functions pursuant to § 35-14-111 . Notwithstanding the foregoing, the power of investment of retirement system funds shall be subject to the approval by the board of trustees through its investment policy and in accordance with the following: (1) The total sum invested in common and preferred stocks shall not exceed seventy-five percent (75%) of the total of the funds of the retirement system; (2) The total sum invested in notes and bonds or other fixed income securities shall not exceed seventy-five percent (75%) of the total funds of the retirement system; (3) Within the restrictions set forth in subdivisions (a)(1) and (2), the board of trustees may invest in or otherwise acquire stocks, bonds and other securities in such foreign countries as the board may determine with the approval of the council on pensions. However, any such securities must be substantially of the same kinds, classes, and investment grades as those otherwise eligible for investment by the board and no more than fifteen percent (15%) of the system's total assets may be invested in such securities; provided, however, that such percentage may be increased by the board with the subsequent approval of the council on pensions; (4) Subject to the limitations in subdivisions (a)(1) and (2), funds of the retirement system may be invested in Canadian securities which are substantially of the same kinds, classes and investment grades as those otherwise eligible for investment; (5) The board of trustees shall have the power and authority to invest in derivative instruments for hedging, replication, or income-generating purposes. For the purposes of this subdivision (a)(5), "derivative transaction" includes, but is not limited to, an agreement, option or instrument, or any series or combinations of an agreement, option or instrument: to make or take delivery of, or assume or relinquish, a specified amount of one (1) or more underlying interests, or to make a cash settlement in lieu thereof; or that has a price, performance, value, or cash flow based primarily upon the actual or expected price, yield, level, performance, value or cash flow of one (1) or more underlying interests. Derivative instruments include, but are not limited to, options, warrants (not attached to another investment), caps, floors, collars, swaps, security-based swaps, security-based swap agreements, mixed swaps, swaptions, forwards, futures, and any other agreements, options or instruments substantially similar thereto, or any series or combinations thereof. Derivative instruments do not include collateralized mortgage obligations, treasury-inflation protected securities, other asset-backed securities, principal-protected structured securities, and floating rate securities; (6) The board of trustees shall have the power and authority to enter into securities lending agreements whereby securities are loaned for a fee; provided, that such loans are limited so that the total amount of securities lent does not exceed thirty percent (30%) of the market value of the total assets in the retirement system's portfolio; and provided further, that such loans are secured by collateral. Securities received as collateral hereunder shall have a market value equal to at least one hundred two percent (102%) of the market value of the loaned securities. Cash received as collateral hereunder shall equal at least one hundred percent (100%) of the market value of the loaned securities; and may be invested by or on behalf of the retirement system in any investment instrument in which the system's assets may be directly invested. Such cash may also be invested in short-term investment funds; provided, that the portfolio of such funds contains only those investment instruments in which the system's assets may be directly invested; (7) The board of trustees shall have the power and authority to purchase or sell domestic and international stock index futures contracts for the purpose of asset allocation relating to the equity portfolios. Stock index futures contracts shall not be utilized for purposes of speculative leveraging. For purposes of this subdivision (a)(7), "speculative leveraging" is defined as buying financial futures where the amount of the contract obligation is an amount greater than the market value of the system's cash and short-term securities. The total amount of the system's financial futures contract obligation shall not exceed ten percent (10%) of the market value of the system's total assets. The sum total of the domestic and international equity portfolios, together with the value of the stock index futures contract obligation, should be within the asset allocation range for domestic and international equity securities. The board may use cash and obligations of the United States government or any of its agencies to meet the variation margin requirement of such futures contracts; (8) The board of trustees shall have the power and authority to enter into contracts to serve as a standby note purchaser for the Tennessee state school bond authority, the Tennessee state funding board and the Tennessee local development authority; provided, that: (A) The retirement fund receives an annual commission which represents a fair market value fee adjusted for any additional cost incurred by the issuer due to the retirement fund serving as the standby note purchaser; and (B) If called upon to purchase such notes, the retirement fund receives a rate of return exceeding the market rate for short-term investments; (9) The board of trustees shall have the power and authority to establish an investment policy to authorize the retirement system to acquire, hold and convey real property for investment purposes. Such acquisitions may be direct, with or without partners, or in a commingled pool; provided, that: (A) The retirement system cannot acquire real property located in the state of Tennessee, unless such acquisition is in the shares or interests of a regulated investment company, mutual fund, common trust fund, investment partnership, real estate investment trust, or similar organizations in which funds are commingled and investment determinations as to which properties to purchase are made by persons other than the board; (B) The board shall establish limitations on the percentage of ownership that the retirement system may hold in individual real estate properties; and (C) The investment policy adopted by the board pursuant to this subdivision (a)(9) shall be approved by the legislative council on pensions and insurance; (10) (A) (i) The board of trustees shall have the power and authority to establish an investment policy to permit the retirement system to invest system assets in private equity. Private equity investments may include, but shall not be limited to, strategic lending, domestic and international venture capital, corporate buyouts, mezzanine and distressed debt, special situations and secondary funds; (ii) The investment policy adopted by the board pursuant to subdivision (a)(10)(A)(i) shall be approved by the legislative council on pensions and insurance; (B) Records of the retirement system relating to the identity of the name of the private equity investment vehicle used, such as the name of any limited partnership, the name of the funds-of-funds manager and title of the fund, the amount invested in the vehicle, or the present value of the investment shall be open to public inspection pursuant to title 10, chapter 7, part 5; provided, however, that records relating to the retirement system's review of any private equity investment shall not be public to the extent that: (i) The records contain confidential information provided to the retirement system or analysis or evaluation by the retirement system; or (ii) Disclosure of the records would have a potentially adverse effect on the retirement system's private equity program, the value of an investment, or the provider of the information; (11) Relative to the retirement system's transactions that require collateralization, the board of trustees shall have the authority to pledge, post, accept, and rehypothecate a counterparty's collateral and allow other entities or individuals to rehypothecate the retirement system's collateral; (12) The board of trustees shall have the power and authority to invest in publicly listed investment companies, including, but not limited to, unit investment trusts, exchange-traded funds, open-ended mutual funds, and close-ended mutual funds; (13) The board of trustees shall have the power and authority to invest currency; and (14) The total sum invested in real property and private equity, as authorized and described in subdivisions (a)(9) and (10)(A), shall not exceed forty percent (40%) of the total funds of the retirement system, unless further restricted or qualified by the board and the legislative council on pensions and insurance in the investment policy adopted pursuant to this section. (b) In determining compliance with the percentage limitations of this section, the funds of the retirement system shall be valued at their market value. Accordingly, an investment may be made on any given day; provided, that such investment does not cause any applicable limitation prescribed in subsection (a) to be exceeded on such day. (c) Notwithstanding any other law to the contrary, the board of trustees is expressly authorized to contract for investment management services for the retirement system's portfolios. The board shall provide for the powers, duties, functions and compensation of any investment managers so engaged. Any contract for the investment management services shall be procured in the manner prescribed by the board. The board may authorize the system's investment consultant to initially evaluate and make recommendations regarding proposals submitted by investment managers. Personal services, professional services, consultant services, and management of the portfolios may be procured in the manner prescribed by the board without regard to the requirements of [former] § 12-4-109 [see the Compiler's Notes], if the board determines that the services are necessary or desirable for the efficient administration of the retirement system's investment program. All expenses and fees incidental to the outside investment management shall be charged to and paid from the earnings of the funds. (d) (1) The treasurer shall report to the members of the council on pensions and insurance any holdings of the Tennessee consolidated retirement system in securities issued by companies that have substantial current operations in nations determined by the United States department of state to be state-sponsors of terrorism. The names of the companies shall be obtained by the treasurer from a publicly available list at no cost to the retirement system formulated by an authoritative entity, which entity may include another public pension system. The disclosures required in this section shall commence no later than as of the quarter ending December 31, 2008, and continue quarterly thereafter. (2) Notwithstanding any law to the contrary, no person or entity may bring any civil, criminal, or administrative action against this state, its officers, employees, or agents, or against the Tennessee consolidated retirement system, its officers, directors, board members, employees, or agents for any act done in good faith in accordance with this subsection (d). (3) If a civil action or proceeding is nevertheless commenced by any person or entity against any official or employee of the state, or against any officers, directors, board members or employees of the Tennessee consolidated retirement system for any act done in good faith in accordance with this subsection (d), the state shall defend, indemnify and hold harmless the person from any costs, damages, awards, judgments or settlements arising from the claim or proceeding. (e) The board may adopt a group trust instrument for the purpose of pooling funds of the retirement system with other assets in the custody of the state treasurer, solely for investment purposes, that consist exclusively of assets of pension and profit sharing trusts qualified under § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ), individual retirement accounts that are exempt under § 408(e) of the Internal Revenue Code ( 26 U.S.C. § 408(e) ), eligible governmental plans that meet the requirements of § 457(b) of the Internal Revenue Code ( 26 U.S.C. § 457(b) ), and governmental plans under § 401(a)(24) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(24) ), as permitted under Rev. Rul. 81-100, as modified by Rev. Ruls. 2004-67, 2008-40, 2011-1, and 2014-24 or subsequent guidance. For this purpose, a trust includes a custodial account or separate tax-favored account maintained by an insurance company that is treated as a trust under § 401(f) or under § 457(g)(3) of the Internal Revenue Code ( 26 U.S.C. §§ 401(f) or 457(g)(3) ). Such group trust declaration shall, upon its adoption by the board, convert the trust established for the retirement system into the group trust. The board will act as trustee for the group trust under the terms and conditions of the group trust declaration. The board may amend the terms of the group trust from time to time. The terms of the group trust, including any subsequent amendments, are hereby incorporated by reference and made a part of the retirement system. Simultaneously with the adoption of the group trust declaration, there shall be established a sub trust for the retirement system which will exclusively hold all of the assets of the retirement system and shall not be used for, or diverted to, any purpose other than for the exclusive benefit of the members and beneficiaries of the retirement system. On the date of creation of the group trust, one hundred percent (100%) of the interest in the group trust will be allocable to the sub trust for the retirement system, and the value of the sub trust maintained by the group trust for the retirement system, determined in accordance with generally recognized valuation procedures. The assets of the sub trust invested in the group trust shall be subject to all the provisions of the group trust instruments establishing and governing such trust. Amended by 2021 Tenn. Acts, ch. 303, s 10, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 962, Secs.s 46, s 47, s 48, s 49, s 50, s 51, s 52, s 53, s 54 eff. 4/27/2016. Amended by 2016 Tenn. Acts, ch. 605, s 11, eff. 3/17/2016. Amended by 2014 Tenn. Acts, ch. 659, s 31, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 259, s 4, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 659, Secs.s 29, s 30, s 32 eff. 4/10/2014. Acts 1972, ch. 814, § 7; T.C.A., § 8-3929(3); Acts 1986, ch. 553, § 24; 1987, ch. 366, § 1; 1990, ch. 1027, §§ 5-8; 1991, ch. 378, § 17; 1993, ch. 250, §§ 1-4; 1994, ch. 594, § 1; 1994, ch. 733, §§ 1-3; 1995, ch. 164, § 12; 1996, ch. 616, § 2; 1997 , ch. 219, § 9; 2002, ch. 863, § 13; 2007 , ch. 175, § 1; 2007 , ch. 175, § 1; 2008 , ch. 674, § 1; 2008 , ch. 934, § 1; 2008 , ch. 1094, § 1; 2010 , ch. 777, §§ 36, 37; 2012 , ch. 941, § 1.
(a) The board of trustees shall invest and manage assets solely in the interest of the beneficiaries of the retirement system in a manner consistent with § 35-14-107 , the prudent investor rule pursuant to § 35-14-103 , the standard of care pursuant to § 35-14-104 , and the exercise of reasonable care in delegation of investment and management functions pursuant to § 35-14-111 . Notwithstanding the foregoing, the power of investment of retirement system funds shall be subject to the approval by the board of trustees through its investment policy and in accordance with the following: (1) The total sum invested in common and preferred stocks shall not exceed seventy-five percent (75%) of the total of the funds of the retirement system; (2) The total sum invested in notes and bonds or other fixed income securities shall not exceed seventy-five percent (75%) of the total funds of the retirement system; (3) Within the restrictions set forth in subdivisions (a)(1) and (2), the board of trustees may invest in or otherwise acquire stocks, bonds and other securities in such foreign countries as the board may determine with the approval of the council on pensions. However, any such securities must be substantially of the same kinds, classes, and investment grades as those otherwise eligible for investment by the board and no more than fifteen percent (15%) of the system's total assets may be invested in such securities; provided, however, that such percentage may be increased by the board with the subsequent approval of the council on pensions; (4) Subject to the limitations in subdivisions (a)(1) and (2), funds of the retirement system may be invested in Canadian securities which are substantially of the same kinds, classes and investment grades as those otherwise eligible for investment; (5) The board of trustees shall have the power and authority to invest in derivative instruments for hedging, replication, or income-generating purposes. For the purposes of this subdivision (a)(5), "derivative transaction" includes, but is not limited to, an agreement, option or instrument, or any series or combinations of an agreement, option or instrument: to make or take delivery of, or assume or relinquish, a specified amount of one (1) or more underlying interests, or to make a cash settlement in lieu thereof; or that has a price, performance, value, or cash flow based primarily upon the actual or expected price, yield, level, performance, value or cash flow of one (1) or more underlying interests. Derivative instruments include, but are not limited to, options, warrants (not attached to another investment), caps, floors, collars, swaps, security-based swaps, security-based swap agreements, mixed swaps, swaptions, forwards, futures, and any other agreements, options or instruments substantially similar thereto, or any series or combinations thereof. Derivative instruments do not include collateralized mortgage obligations, treasury-inflation protected securities, other asset-backed securities, principal-protected structured securities, and floating rate securities; (6) The board of trustees shall have the power and authority to enter into securities lending agreements whereby securities are loaned for a fee; provided, that such loans are limited so that the total amount of securities lent does not exceed thirty percent (30%) of the market value of the total assets in the retirement system's portfolio; and provided further, that such loans are secured by collateral. Securities received as collateral hereunder shall have a market value equal to at least one hundred two percent (102%) of the market value of the loaned securities. Cash received as collateral hereunder shall equal at least one hundred percent (100%) of the market value of the loaned securities; and may be invested by or on behalf of the retirement system in any investment instrument in which the system's assets may be directly invested. Such cash may also be invested in short-term investment funds; provided, that the portfolio of such funds contains only those investment instruments in which the system's assets may be directly invested; (7) The board of trustees shall have the power and authority to purchase or sell domestic and international stock index futures contracts for the purpose of asset allocation relating to the equity portfolios. Stock index futures contracts shall not be utilized for purposes of speculative leveraging. For purposes of this subdivision (a)(7), "speculative leveraging" is defined as buying financial futures where the amount of the contract obligation is an amount greater than the market value of the system's cash and short-term securities. The total amount of the system's financial futures contract obligation shall not exceed ten percent (10%) of the market value of the system's total assets. The sum total of the domestic and international equity portfolios, together with the value of the stock index futures contract obligation, should be within the asset allocation range for domestic and international equity securities. The board may use cash and obligations of the United States government or any of its agencies to meet the variation margin requirement of such futures contracts; (8) The board of trustees shall have the power and authority to enter into contracts to serve as a standby note purchaser for the Tennessee state school bond authority, the Tennessee state funding board and the Tennessee local development authority; provided, that: (A) The retirement fund receives an annual commission which represents a fair market value fee adjusted for any additional cost incurred by the issuer due to the retirement fund serving as the standby note purchaser; and (B) If called upon to purchase such notes, the retirement fund receives a rate of return exceeding the market rate for short-term investments; (9) The board of trustees shall have the power and authority to establish an investment policy to authorize the retirement system to acquire, hold and convey real property for investment purposes. Such acquisitions may be direct, with or without partners, or in a commingled pool; provided, that: (A) The retirement system cannot acquire real property located in the state of Tennessee, unless such acquisition is in the shares or interests of a regulated investment company, mutual fund, common trust fund, investment partnership, real estate investment trust, or similar organizations in which funds are commingled and investment determinations as to which properties to purchase are made by persons other than the board; (B) The board shall establish limitations on the percentage of ownership that the retirement system may hold in individual real estate properties; and (C) The investment policy adopted by the board pursuant to this subdivision (a)(9) shall be approved by the legislative council on pensions and insurance; (10) (A) (i) The board of trustees shall have the power and authority to establish an investment policy to permit the retirement system to invest system assets in private equity. Private equity investments may include, but shall not be limited to, strategic lending, domestic and international venture capital, corporate buyouts, mezzanine and distressed debt, special situations and secondary funds; (ii) The investment policy adopted by the board pursuant to subdivision (a)(10)(A)(i) shall be approved by the legislative council on pensions and insurance; (B) Records of the retirement system relating to the identity of the name of the private equity investment vehicle used, such as the name of any limited partnership, the name of the funds-of-funds manager and title of the fund, the amount invested in the vehicle, or the present value of the investment shall be open to public inspection pursuant to title 10, chapter 7, part 5; provided, however, that records relating to the retirement system's review of any private equity investment shall not be public to the extent that: (i) The records contain confidential information provided to the retirement system or analysis or evaluation by the retirement system; or (ii) Disclosure of the records would have a potentially adverse effect on the retirement system's private equity program, the value of an investment, or the provider of the information; (11) Relative to the retirement system's transactions that require collateralization, the board of trustees shall have the authority to pledge, post, accept, and rehypothecate a counterparty's collateral and allow other entities or individuals to rehypothecate the retirement system's collateral; (12) The board of trustees shall have the power and authority to invest in publicly listed investment companies, including, but not limited to, unit investment trusts, exchange-traded funds, open-ended mutual funds, and close-ended mutual funds; (13) The board of trustees shall have the power and authority to invest currency; and (14) The total sum invested in real property and private equity, as authorized and described in subdivisions (a)(9) and (10)(A), shall not exceed forty percent (40%) of the total funds of the retirement system, unless further restricted or qualified by the board and the legislative council on pensions and insurance in the investment policy adopted pursuant to this section.
(1) The total sum invested in common and preferred stocks shall not exceed seventy-five percent (75%) of the total of the funds of the retirement system;
(2) The total sum invested in notes and bonds or other fixed income securities shall not exceed seventy-five percent (75%) of the total funds of the retirement system;
(3) Within the restrictions set forth in subdivisions (a)(1) and (2), the board of trustees may invest in or otherwise acquire stocks, bonds and other securities in such foreign countries as the board may determine with the approval of the council on pensions. However, any such securities must be substantially of the same kinds, classes, and investment grades as those otherwise eligible for investment by the board and no more than fifteen percent (15%) of the system's total assets may be invested in such securities; provided, however, that such percentage may be increased by the board with the subsequent approval of the council on pensions;
(4) Subject to the limitations in subdivisions (a)(1) and (2), funds of the retirement system may be invested in Canadian securities which are substantially of the same kinds, classes and investment grades as those otherwise eligible for investment;
(5) The board of trustees shall have the power and authority to invest in derivative instruments for hedging, replication, or income-generating purposes. For the purposes of this subdivision (a)(5), "derivative transaction" includes, but is not limited to, an agreement, option or instrument, or any series or combinations of an agreement, option or instrument: to make or take delivery of, or assume or relinquish, a specified amount of one (1) or more underlying interests, or to make a cash settlement in lieu thereof; or that has a price, performance, value, or cash flow based primarily upon the actual or expected price, yield, level, performance, value or cash flow of one (1) or more underlying interests. Derivative instruments include, but are not limited to, options, warrants (not attached to another investment), caps, floors, collars, swaps, security-based swaps, security-based swap agreements, mixed swaps, swaptions, forwards, futures, and any other agreements, options or instruments substantially similar thereto, or any series or combinations thereof. Derivative instruments do not include collateralized mortgage obligations, treasury-inflation protected securities, other asset-backed securities, principal-protected structured securities, and floating rate securities;
(6) The board of trustees shall have the power and authority to enter into securities lending agreements whereby securities are loaned for a fee; provided, that such loans are limited so that the total amount of securities lent does not exceed thirty percent (30%) of the market value of the total assets in the retirement system's portfolio; and provided further, that such loans are secured by collateral. Securities received as collateral hereunder shall have a market value equal to at least one hundred two percent (102%) of the market value of the loaned securities. Cash received as collateral hereunder shall equal at least one hundred percent (100%) of the market value of the loaned securities; and may be invested by or on behalf of the retirement system in any investment instrument in which the system's assets may be directly invested. Such cash may also be invested in short-term investment funds; provided, that the portfolio of such funds contains only those investment instruments in which the system's assets may be directly invested;
(7) The board of trustees shall have the power and authority to purchase or sell domestic and international stock index futures contracts for the purpose of asset allocation relating to the equity portfolios. Stock index futures contracts shall not be utilized for purposes of speculative leveraging. For purposes of this subdivision (a)(7), "speculative leveraging" is defined as buying financial futures where the amount of the contract obligation is an amount greater than the market value of the system's cash and short-term securities. The total amount of the system's financial futures contract obligation shall not exceed ten percent (10%) of the market value of the system's total assets. The sum total of the domestic and international equity portfolios, together with the value of the stock index futures contract obligation, should be within the asset allocation range for domestic and international equity securities. The board may use cash and obligations of the United States government or any of its agencies to meet the variation margin requirement of such futures contracts;
(8) The board of trustees shall have the power and authority to enter into contracts to serve as a standby note purchaser for the Tennessee state school bond authority, the Tennessee state funding board and the Tennessee local development authority; provided, that: (A) The retirement fund receives an annual commission which represents a fair market value fee adjusted for any additional cost incurred by the issuer due to the retirement fund serving as the standby note purchaser; and (B) If called upon to purchase such notes, the retirement fund receives a rate of return exceeding the market rate for short-term investments;
(A) The retirement fund receives an annual commission which represents a fair market value fee adjusted for any additional cost incurred by the issuer due to the retirement fund serving as the standby note purchaser; and
(B) If called upon to purchase such notes, the retirement fund receives a rate of return exceeding the market rate for short-term investments;
(9) The board of trustees shall have the power and authority to establish an investment policy to authorize the retirement system to acquire, hold and convey real property for investment purposes. Such acquisitions may be direct, with or without partners, or in a commingled pool; provided, that: (A) The retirement system cannot acquire real property located in the state of Tennessee, unless such acquisition is in the shares or interests of a regulated investment company, mutual fund, common trust fund, investment partnership, real estate investment trust, or similar organizations in which funds are commingled and investment determinations as to which properties to purchase are made by persons other than the board; (B) The board shall establish limitations on the percentage of ownership that the retirement system may hold in individual real estate properties; and (C) The investment policy adopted by the board pursuant to this subdivision (a)(9) shall be approved by the legislative council on pensions and insurance;
(A) The retirement system cannot acquire real property located in the state of Tennessee, unless such acquisition is in the shares or interests of a regulated investment company, mutual fund, common trust fund, investment partnership, real estate investment trust, or similar organizations in which funds are commingled and investment determinations as to which properties to purchase are made by persons other than the board;
(B) The board shall establish limitations on the percentage of ownership that the retirement system may hold in individual real estate properties; and
(C) The investment policy adopted by the board pursuant to this subdivision (a)(9) shall be approved by the legislative council on pensions and insurance;
(10) (A) (i) The board of trustees shall have the power and authority to establish an investment policy to permit the retirement system to invest system assets in private equity. Private equity investments may include, but shall not be limited to, strategic lending, domestic and international venture capital, corporate buyouts, mezzanine and distressed debt, special situations and secondary funds; (ii) The investment policy adopted by the board pursuant to subdivision (a)(10)(A)(i) shall be approved by the legislative council on pensions and insurance; (B) Records of the retirement system relating to the identity of the name of the private equity investment vehicle used, such as the name of any limited partnership, the name of the funds-of-funds manager and title of the fund, the amount invested in the vehicle, or the present value of the investment shall be open to public inspection pursuant to title 10, chapter 7, part 5; provided, however, that records relating to the retirement system's review of any private equity investment shall not be public to the extent that: (i) The records contain confidential information provided to the retirement system or analysis or evaluation by the retirement system; or (ii) Disclosure of the records would have a potentially adverse effect on the retirement system's private equity program, the value of an investment, or the provider of the information;
(A) (i) The board of trustees shall have the power and authority to establish an investment policy to permit the retirement system to invest system assets in private equity. Private equity investments may include, but shall not be limited to, strategic lending, domestic and international venture capital, corporate buyouts, mezzanine and distressed debt, special situations and secondary funds; (ii) The investment policy adopted by the board pursuant to subdivision (a)(10)(A)(i) shall be approved by the legislative council on pensions and insurance;
(i) The board of trustees shall have the power and authority to establish an investment policy to permit the retirement system to invest system assets in private equity. Private equity investments may include, but shall not be limited to, strategic lending, domestic and international venture capital, corporate buyouts, mezzanine and distressed debt, special situations and secondary funds;
(ii) The investment policy adopted by the board pursuant to subdivision (a)(10)(A)(i) shall be approved by the legislative council on pensions and insurance;
(B) Records of the retirement system relating to the identity of the name of the private equity investment vehicle used, such as the name of any limited partnership, the name of the funds-of-funds manager and title of the fund, the amount invested in the vehicle, or the present value of the investment shall be open to public inspection pursuant to title 10, chapter 7, part 5; provided, however, that records relating to the retirement system's review of any private equity investment shall not be public to the extent that: (i) The records contain confidential information provided to the retirement system or analysis or evaluation by the retirement system; or (ii) Disclosure of the records would have a potentially adverse effect on the retirement system's private equity program, the value of an investment, or the provider of the information;
(i) The records contain confidential information provided to the retirement system or analysis or evaluation by the retirement system; or
(ii) Disclosure of the records would have a potentially adverse effect on the retirement system's private equity program, the value of an investment, or the provider of the information;
(11) Relative to the retirement system's transactions that require collateralization, the board of trustees shall have the authority to pledge, post, accept, and rehypothecate a counterparty's collateral and allow other entities or individuals to rehypothecate the retirement system's collateral;
(12) The board of trustees shall have the power and authority to invest in publicly listed investment companies, including, but not limited to, unit investment trusts, exchange-traded funds, open-ended mutual funds, and close-ended mutual funds;
(13) The board of trustees shall have the power and authority to invest currency; and
(14) The total sum invested in real property and private equity, as authorized and described in subdivisions (a)(9) and (10)(A), shall not exceed forty percent (40%) of the total funds of the retirement system, unless further restricted or qualified by the board and the legislative council on pensions and insurance in the investment policy adopted pursuant to this section.
(b) In determining compliance with the percentage limitations of this section, the funds of the retirement system shall be valued at their market value. Accordingly, an investment may be made on any given day; provided, that such investment does not cause any applicable limitation prescribed in subsection (a) to be exceeded on such day.
(c) Notwithstanding any other law to the contrary, the board of trustees is expressly authorized to contract for investment management services for the retirement system's portfolios. The board shall provide for the powers, duties, functions and compensation of any investment managers so engaged. Any contract for the investment management services shall be procured in the manner prescribed by the board. The board may authorize the system's investment consultant to initially evaluate and make recommendations regarding proposals submitted by investment managers. Personal services, professional services, consultant services, and management of the portfolios may be procured in the manner prescribed by the board without regard to the requirements of [former] § 12-4-109 [see the Compiler's Notes], if the board determines that the services are necessary or desirable for the efficient administration of the retirement system's investment program. All expenses and fees incidental to the outside investment management shall be charged to and paid from the earnings of the funds.
(d) (1) The treasurer shall report to the members of the council on pensions and insurance any holdings of the Tennessee consolidated retirement system in securities issued by companies that have substantial current operations in nations determined by the United States department of state to be state-sponsors of terrorism. The names of the companies shall be obtained by the treasurer from a publicly available list at no cost to the retirement system formulated by an authoritative entity, which entity may include another public pension system. The disclosures required in this section shall commence no later than as of the quarter ending December 31, 2008, and continue quarterly thereafter. (2) Notwithstanding any law to the contrary, no person or entity may bring any civil, criminal, or administrative action against this state, its officers, employees, or agents, or against the Tennessee consolidated retirement system, its officers, directors, board members, employees, or agents for any act done in good faith in accordance with this subsection (d). (3) If a civil action or proceeding is nevertheless commenced by any person or entity against any official or employee of the state, or against any officers, directors, board members or employees of the Tennessee consolidated retirement system for any act done in good faith in accordance with this subsection (d), the state shall defend, indemnify and hold harmless the person from any costs, damages, awards, judgments or settlements arising from the claim or proceeding.
(1) The treasurer shall report to the members of the council on pensions and insurance any holdings of the Tennessee consolidated retirement system in securities issued by companies that have substantial current operations in nations determined by the United States department of state to be state-sponsors of terrorism. The names of the companies shall be obtained by the treasurer from a publicly available list at no cost to the retirement system formulated by an authoritative entity, which entity may include another public pension system. The disclosures required in this section shall commence no later than as of the quarter ending December 31, 2008, and continue quarterly thereafter.
(2) Notwithstanding any law to the contrary, no person or entity may bring any civil, criminal, or administrative action against this state, its officers, employees, or agents, or against the Tennessee consolidated retirement system, its officers, directors, board members, employees, or agents for any act done in good faith in accordance with this subsection (d).
(3) If a civil action or proceeding is nevertheless commenced by any person or entity against any official or employee of the state, or against any officers, directors, board members or employees of the Tennessee consolidated retirement system for any act done in good faith in accordance with this subsection (d), the state shall defend, indemnify and hold harmless the person from any costs, damages, awards, judgments or settlements arising from the claim or proceeding.
(e) The board may adopt a group trust instrument for the purpose of pooling funds of the retirement system with other assets in the custody of the state treasurer, solely for investment purposes, that consist exclusively of assets of pension and profit sharing trusts qualified under § 401(a) of the Internal Revenue Code ( 26 U.S.C. § 401(a) ), individual retirement accounts that are exempt under § 408(e) of the Internal Revenue Code ( 26 U.S.C. § 408(e) ), eligible governmental plans that meet the requirements of § 457(b) of the Internal Revenue Code ( 26 U.S.C. § 457(b) ), and governmental plans under § 401(a)(24) of the Internal Revenue Code ( 26 U.S.C. § 401(a)(24) ), as permitted under Rev. Rul. 81-100, as modified by Rev. Ruls. 2004-67, 2008-40, 2011-1, and 2014-24 or subsequent guidance. For this purpose, a trust includes a custodial account or separate tax-favored account maintained by an insurance company that is treated as a trust under § 401(f) or under § 457(g)(3) of the Internal Revenue Code ( 26 U.S.C. §§ 401(f) or 457(g)(3) ). Such group trust declaration shall, upon its adoption by the board, convert the trust established for the retirement system into the group trust. The board will act as trustee for the group trust under the terms and conditions of the group trust declaration. The board may amend the terms of the group trust from time to time. The terms of the group trust, including any subsequent amendments, are hereby incorporated by reference and made a part of the retirement system. Simultaneously with the adoption of the group trust declaration, there shall be established a sub trust for the retirement system which will exclusively hold all of the assets of the retirement system and shall not be used for, or diverted to, any purpose other than for the exclusive benefit of the members and beneficiaries of the retirement system. On the date of creation of the group trust, one hundred percent (100%) of the interest in the group trust will be allocable to the sub trust for the retirement system, and the value of the sub trust maintained by the group trust for the retirement system, determined in accordance with generally recognized valuation procedures. The assets of the sub trust invested in the group trust shall be subject to all the provisions of the group trust instruments establishing and governing such trust.
Amended by 2021 Tenn. Acts, ch. 303, s 10, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 962, Secs.s 46, s 47, s 48, s 49, s 50, s 51, s 52, s 53, s 54 eff. 4/27/2016.
Amended by 2016 Tenn. Acts, ch. 605, s 11, eff. 3/17/2016.
Amended by 2014 Tenn. Acts, ch. 659, s 31, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 259, s 4, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 659, Secs.s 29, s 30, s 32 eff. 4/10/2014.
Acts 1972, ch. 814, § 7; T.C.A., § 8-3929(3); Acts 1986, ch. 553, § 24; 1987, ch. 366, § 1; 1990, ch. 1027, §§ 5-8; 1991, ch. 378, § 17; 1993, ch. 250, §§ 1-4; 1994, ch. 594, § 1; 1994, ch. 733, §§ 1-3; 1995, ch. 164, § 12; 1996, ch. 616, § 2; 1997 , ch. 219, § 9; 2002, ch. 863, § 13; 2007 , ch. 175, § 1; 2007 , ch. 175, § 1; 2008 , ch. 674, § 1; 2008 , ch. 934, § 1; 2008 , ch. 1094, § 1; 2010 , ch. 777, §§ 36, 37; 2012 , ch. 941, § 1.
Tenn. Code Ann. § 8-8-201 — TN Code / Title 8 / Chapter 8 / Section 8-8-201
Duties of office
Status: in_force

(a) It is the sheriff's duty to: (1) Execute and return, according to law, the process and orders of the courts of record of this state, and of officers of competent authority, with due diligence, when delivered to the sheriff for that purpose; (2) (A) Except as provided in subdivision (a)(2)(B), attend upon all the courts held in the county when in session; cause the courthouse or courtroom to be kept in order for the accommodation of the courts; furnish them with fire and water; and obey the lawful orders and directions of the court; (B) (i) In any municipality having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census, the trial judges shall, within the annual budget appropriation, appoint persons to serve as court officers for the respective courts, such persons to serve at the will of, and under the direction and supervision of the appointing judge. The officers shall be paid in accordance with the general pay plan of such a municipality; (ii) It is the duty of such court officers to maintain order during sessions of the court, to serve process as ordered and to perform such other duties as may be prescribed by the judge. The court officers shall, while acting in the performance of their duties, possess and exercise police powers to the same extent as that granted to members of the metropolitan police department; (3) Take charge and custody of the jail of the sheriff's county, and of the prisoners therein; receive those lawfully committed, and keep them personally, or by deputies or jailer, until discharged by law; be constantly at the jail, or have someone there, with the keys to liberate the prisoners in case of fire; provided, that if two (2) or more counties enter into an interlocal agreement providing for a jail to serve the counties which are parties to the agreement, the sheriff of any county which is party to such agreement shall not take charge and custody of the jail shared by the agreeing counties unless the interlocal agreement so provides, nor shall the sheriff have charge of the prisoners lawfully committed to such a jail unless so provided by the interlocal agreement; (4) Mark on all process delivered to the sheriff to be executed, the day on which the sheriff received the same; (5) (A) Execute all writs and other process legally issued and directed to the sheriff, within the county, and make due return thereof, either personally or by a lawful deputy or, in civil lawsuits only, by a lawfully appointed civil process server except in counties specified in subdivision (a)(5)(B); (B) The provisions of subdivision (a)(5)(A), relative to other authorized process servers, do not apply in the counties having a population of: not less than nor more than 41,800 41,900 85,725 85,825 143,900 144,000 287,000 288,000 according to the 1980 federal census or any subsequent census; (6) Execute every notice to take depositions, delivered to the sheriff, for any party residing in the county, by delivering a copy thereof to such party in due time; mark on the original notice the time of delivering such copy, and return the same to the clerk of the court in which the suit is pending; (7) Serve, in due time, any delinquent officer or principal debtor with a copy of any notice of motion delivered to the sheriff to be served on such officer or debtor, and return the original notice in due time to the clerk of the court in which the motion is to be made, with the sheriff's endorsement of service; (8) Go to the house or place of abode of every defendant against whom the sheriff has process, before returning on the same that the defendant is not to be found; (9) Specify in the return in what county in the state the defendant resides, when the defendant is a known inhabitant of any other county than that of the sheriff to which the process is directed; (10) Use, in the execution of process, a degree of diligence exceeding that which a prudent person employs in such person's own affairs; (11) Give a receipt, if required by the party, for executions delivered to the sheriff; (12) Receive nothing but money, or, unless otherwise instructed, current convertible bank notes, in satisfaction of any writ of execution delivered to the sheriff; (13) Levy every writ of execution first on the defendant's goods and chattels, if there are any; (14) Levy the same upon lands to the amount of the whole debt, or so much of the debt as may exceed the value of the goods and chattels, if there are not, to the best of the sheriff's knowledge, goods and chattels sufficient to answer the plaintiff's demand; (15) Exhaust the property of a principal before selling the property of a surety, as provided in § 26-3-105 ; (16) Take from a defendant, on whose personal property the sheriff has levied an execution, a delivery bond, if requested, with surety, for double the amount of the execution, payable to the plaintiff, conditioned for the delivery of the property at the day and place of sale; (17) Levy such execution, if the bond be forfeited, upon so much of the property of the defendant, if to be found, as shall be sufficient to satisfy it; and, if there be a deficit, then upon the surety's property, sufficient to satisfy so much of the debt as the property not delivered was valued at; (18) Summon a jury to ascertain the value of the undelivered property of the principal, if the value is not set forth in the delivery bond; (19) Return the execution, and the bond with it, to the tribunal from which it issued, if satisfaction of the execution cannot be had before the return day; (20) Have personal property that the sheriff sells under execution present at the time of sale, unless the defendant agrees that it may be sold without being present; (21) Describe land levied upon by execution or attachment, so as to identify it and distinguish it from other lands; (22) Serve the defendant in possession of land with twenty (20) days' notice of the levy, and of the time and place of sale; (23) Advertise the sale of any land levied on by execution, as prescribed in §§ 35-5-101 - 35-5-104; (24) Pay the expenses of such advertisement out of the proceeds of the sale; (25) Return every execution which is delivered to the sheriff, on or before the day of return mentioned therein, with a sufficient response endorsed thereon or attached to it; (26) Pay to the party entitled to the same, or to the party's agent or attorney, on demand, any moneys collected by the sheriff on any execution from a court of record; (27) Return with such execution any money collected on such execution; (28) Make out, if required by the defendant, on levying any debt, damages, or costs by virtue of an execution, a bill of fees due in the case, and set down, under the bill, a true copy of the clerk's and other endorsed fees separately and distinctly, and give a receipt for the same to the defendant in the execution; (29) Endorse on the execution the amount of the sheriff's own fees taken on the same, to be entered by the clerk on the execution docket; (30) Pay to the party entitled thereto, or to the party's agent or attorney, any money collected by the sheriff, by virtue of an execution from a judge of the court of general sessions, on or before the return day of the execution; (31) Pay to the party entitled to receive the same, or to the party's agent or attorney, any money collected by the sheriff upon any debt or demand delivered to the sheriff for collection, whether the sheriff collects or receives the money before or after the issuance of any summons, or before or after the rendition of a judgment or the issuance of an execution; (32) Return every execution issued by any judge of the court of general sessions and delivered to the sheriff, with a sufficient response thereon, within thirty (30) days after the issuance of the same, either to the judge who issued it, or to the judge having possession of that judge's papers; (33) Perform such other duties as are, or may be, imposed by law; (34) Enforce the ordinances of a municipality; provided, that the municipality has expressed by ordinance its intent to have the sheriff enforce its ordinances, and that the municipality has filed a certified copy of its ordinances with the sheriff and the general sessions court of the county; (35) (A) Take or cause to be taken a full set of fingerprints of each person arrested whether by warrant or capias for an offense which results in such person's incarceration in a jail facility or the person's posting of a bond to avoid incarceration. If fingerprints are maintained manually, two (2) full sets of fingerprints shall be obtained and sent to the Tennessee bureau of investigation. If fingerprints are maintained electronically, a set of fingerprints shall be transmitted to the Tennessee bureau of investigation. Upon receipt of the fingerprints, the Tennessee bureau of investigation shall retain one (1) set of the fingerprints as provided in § 38-6-103 , and shall send one (1) set of the fingerprints to the federal bureau of investigation; (B) A person who is issued a citation pursuant to § 40-7-118 or § 40-7-120 shall not, for purposes of this section, be considered to have been arrested and the agency issuing the citation shall not be required to take the fingerprints of such person; and (36) Promptly turn over and transfer custody of any inmate sentenced to the department of correction who is being housed in such sheriff's local jail awaiting transfer when called upon to do so by a state official pursuant to § 40-35-212 or § 41-8-106 . (b) (1) In addition to the duties set forth in subsection (a), the sheriff shall perform the duties set forth in the following sections: 2-17-106, 5-7-108, 6-55-201, 7-51-1105, 7-51-1107, 7-51-1111, 7-86-105, 8-4-115, 8-7-110, 8-22-110, 8-26-108, 11-24-112, 16-2-505, 16-15-715, 16-15-901, 18-1-206, 20-2-103, 20-2-111, 22-2-307, 22-2-310, 26-1-402, 26-2-216, 26-2-405, 26-2-406, 26-5-116, 29-16-111, 29-17-706, 29-18-115, 33-3-611, 33-6-406, 33-6-407, 33-6-610, 33-6-611, 33-6-615, 33-6-901, 37-1-213, 37-1-310, 37-1-403, 37-1-405, 37-1-603, 37-1-605, 37-1-607, 37-5-205, 38-1-106, 38-3-102, 38-3-108, 38-3-122, 38-7-106, 38-7-108, [former] 38-7-116 [repealed], 38-8-102, 38-8-111, 38-10-102, 38-11-204, 39-14-149, 39-17-420, 39-17-429, 39-17-714, 39-17-1315, 39-17-1317, 39-17-1351, 39-17-1361, 40-6-105, 40-6-210, 40-6-212, 40-6-215, 40-7-120, 40-9-103, 40-9-124, 40-9-127, 40-10-105, 40-10-106, 40-11-106, 40-11-135, 40-11-147, 40-11-207, 40-11-211, 40-11-212, 40-13-301, 40-20-117, 40-23-103, 40-23-113, 40-23-116, 40-25-111, 40-25-135, 40-28-107, 40-30-110, 40-33-102, 40-33-104, 40-33-105, 40-33-107, 40-35-307, 40-36-201, 40-38-103, 41-1-604, 41-4-143, 41-7-105, 41-8-105, 41-11-105, 41-11-110, 41-21-308, 41-21-909, 41-22-301, 41-22-303, 41-22-307, 47-13-104, 47-25-404, 49-6-3007, 49-6-3203, 52-5-410, 53-11-451, 54-11-105, 54-14-106, 55-10-402, 55-10-410, 55-10-420, 57-3-410, 57-5-202, 57-9-101, 57-9-102, 57-9-103, 57-9-104, 57-9-106, 57-9-107, 57-9-108, 57-9-110, 57-9-111, 57-9-115, 57-9-118, 60-1-205, 62-35-131, 63-3-126, 63-5-124, 63-8-120, 63-9-110, 63-16-115, 63-17-219, 63-25-110, 65-6-133, 66-19-206, 66-19-208, 66-19-209, 66-23-111, 67-1-1202, 67-1-1203, 67-4-110, 67-4-215, 67-4-603, 67-4-1017, 67-5-2006, 68-29-136, 68-102-145, 68-120-401, 68-140-522, 70-4-106, 70-6-201, and 71-6-208. (2) The sheriff shall perform such other duties as are, or may be, imposed by law or custom. Amended by 2024 Tenn. Acts, ch. 688,s 116, eff. 7/1/2024. Amended by 2019 Tenn. Acts, ch. 509, s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 118, s 1, eff. 4/9/2019. Amended by 2013 Tenn. Acts, ch. 154, s 29, eff. 7/1/2013. Code 1858, §§ 360, 4093 (deriv. Acts 1777 (Nov.), ch. 8, §§ 5, 7, 10; 1794, ch. 1, §§ 9, 23; 1799, ch. 14, § 1; 1801, ch. 13, § 1; 1803, ch. 18, § 2; 1817, ch. 199, §§ 5, 6; 1827, ch. 35, § 4; 1829, ch. 71, § 1; 1831, ch. 25, §§ 1, 2; 1835-1836, ch. 17, §§ 4, 5; 1835-1836, ch. 19, § 6; 1837-1838, ch. 190, § 1; 1841-1842, ch. 37; 1843-1844, ch. 32, § 1; 1845-1846, ch. 22; 1849-1850, ch. 120, § 1); Acts 1897, ch. 66, § 1; Shan., §§ 449, 5906; mod. Code 1932, §§ 696, 10106; modified; Acts 1973, ch. 88, § 1; 1973, ch. 355, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-810; Acts 1981, ch. 289, § 2; 1982, ch. 930, § 1; 1986, ch. 698, § 2; 1987, ch. 338, §§ 2, 3-5; 1994, ch. 728, § 1; 1995, ch. 462, §§ 1, 2; 1997 , ch. 502, § 2; 1999, ch. 190, § 2; 2004, ch. 438, § 1; 2004, ch. 669, §§ 1, 2; 2005, ch. 174, § 1; 2008 , ch. 701, § 6; 2008 , ch. 1159, § 3.
(a) It is the sheriff's duty to: (1) Execute and return, according to law, the process and orders of the courts of record of this state, and of officers of competent authority, with due diligence, when delivered to the sheriff for that purpose; (2) (A) Except as provided in subdivision (a)(2)(B), attend upon all the courts held in the county when in session; cause the courthouse or courtroom to be kept in order for the accommodation of the courts; furnish them with fire and water; and obey the lawful orders and directions of the court; (B) (i) In any municipality having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census, the trial judges shall, within the annual budget appropriation, appoint persons to serve as court officers for the respective courts, such persons to serve at the will of, and under the direction and supervision of the appointing judge. The officers shall be paid in accordance with the general pay plan of such a municipality; (ii) It is the duty of such court officers to maintain order during sessions of the court, to serve process as ordered and to perform such other duties as may be prescribed by the judge. The court officers shall, while acting in the performance of their duties, possess and exercise police powers to the same extent as that granted to members of the metropolitan police department; (3) Take charge and custody of the jail of the sheriff's county, and of the prisoners therein; receive those lawfully committed, and keep them personally, or by deputies or jailer, until discharged by law; be constantly at the jail, or have someone there, with the keys to liberate the prisoners in case of fire; provided, that if two (2) or more counties enter into an interlocal agreement providing for a jail to serve the counties which are parties to the agreement, the sheriff of any county which is party to such agreement shall not take charge and custody of the jail shared by the agreeing counties unless the interlocal agreement so provides, nor shall the sheriff have charge of the prisoners lawfully committed to such a jail unless so provided by the interlocal agreement; (4) Mark on all process delivered to the sheriff to be executed, the day on which the sheriff received the same; (5) (A) Execute all writs and other process legally issued and directed to the sheriff, within the county, and make due return thereof, either personally or by a lawful deputy or, in civil lawsuits only, by a lawfully appointed civil process server except in counties specified in subdivision (a)(5)(B); (B) The provisions of subdivision (a)(5)(A), relative to other authorized process servers, do not apply in the counties having a population of: not less than nor more than 41,800 41,900 85,725 85,825 143,900 144,000 287,000 288,000 according to the 1980 federal census or any subsequent census; (6) Execute every notice to take depositions, delivered to the sheriff, for any party residing in the county, by delivering a copy thereof to such party in due time; mark on the original notice the time of delivering such copy, and return the same to the clerk of the court in which the suit is pending; (7) Serve, in due time, any delinquent officer or principal debtor with a copy of any notice of motion delivered to the sheriff to be served on such officer or debtor, and return the original notice in due time to the clerk of the court in which the motion is to be made, with the sheriff's endorsement of service; (8) Go to the house or place of abode of every defendant against whom the sheriff has process, before returning on the same that the defendant is not to be found; (9) Specify in the return in what county in the state the defendant resides, when the defendant is a known inhabitant of any other county than that of the sheriff to which the process is directed; (10) Use, in the execution of process, a degree of diligence exceeding that which a prudent person employs in such person's own affairs; (11) Give a receipt, if required by the party, for executions delivered to the sheriff; (12) Receive nothing but money, or, unless otherwise instructed, current convertible bank notes, in satisfaction of any writ of execution delivered to the sheriff; (13) Levy every writ of execution first on the defendant's goods and chattels, if there are any; (14) Levy the same upon lands to the amount of the whole debt, or so much of the debt as may exceed the value of the goods and chattels, if there are not, to the best of the sheriff's knowledge, goods and chattels sufficient to answer the plaintiff's demand; (15) Exhaust the property of a principal before selling the property of a surety, as provided in § 26-3-105 ; (16) Take from a defendant, on whose personal property the sheriff has levied an execution, a delivery bond, if requested, with surety, for double the amount of the execution, payable to the plaintiff, conditioned for the delivery of the property at the day and place of sale; (17) Levy such execution, if the bond be forfeited, upon so much of the property of the defendant, if to be found, as shall be sufficient to satisfy it; and, if there be a deficit, then upon the surety's property, sufficient to satisfy so much of the debt as the property not delivered was valued at; (18) Summon a jury to ascertain the value of the undelivered property of the principal, if the value is not set forth in the delivery bond; (19) Return the execution, and the bond with it, to the tribunal from which it issued, if satisfaction of the execution cannot be had before the return day; (20) Have personal property that the sheriff sells under execution present at the time of sale, unless the defendant agrees that it may be sold without being present; (21) Describe land levied upon by execution or attachment, so as to identify it and distinguish it from other lands; (22) Serve the defendant in possession of land with twenty (20) days' notice of the levy, and of the time and place of sale; (23) Advertise the sale of any land levied on by execution, as prescribed in §§ 35-5-101 - 35-5-104; (24) Pay the expenses of such advertisement out of the proceeds of the sale; (25) Return every execution which is delivered to the sheriff, on or before the day of return mentioned therein, with a sufficient response endorsed thereon or attached to it; (26) Pay to the party entitled to the same, or to the party's agent or attorney, on demand, any moneys collected by the sheriff on any execution from a court of record; (27) Return with such execution any money collected on such execution; (28) Make out, if required by the defendant, on levying any debt, damages, or costs by virtue of an execution, a bill of fees due in the case, and set down, under the bill, a true copy of the clerk's and other endorsed fees separately and distinctly, and give a receipt for the same to the defendant in the execution; (29) Endorse on the execution the amount of the sheriff's own fees taken on the same, to be entered by the clerk on the execution docket; (30) Pay to the party entitled thereto, or to the party's agent or attorney, any money collected by the sheriff, by virtue of an execution from a judge of the court of general sessions, on or before the return day of the execution; (31) Pay to the party entitled to receive the same, or to the party's agent or attorney, any money collected by the sheriff upon any debt or demand delivered to the sheriff for collection, whether the sheriff collects or receives the money before or after the issuance of any summons, or before or after the rendition of a judgment or the issuance of an execution; (32) Return every execution issued by any judge of the court of general sessions and delivered to the sheriff, with a sufficient response thereon, within thirty (30) days after the issuance of the same, either to the judge who issued it, or to the judge having possession of that judge's papers; (33) Perform such other duties as are, or may be, imposed by law; (34) Enforce the ordinances of a municipality; provided, that the municipality has expressed by ordinance its intent to have the sheriff enforce its ordinances, and that the municipality has filed a certified copy of its ordinances with the sheriff and the general sessions court of the county; (35) (A) Take or cause to be taken a full set of fingerprints of each person arrested whether by warrant or capias for an offense which results in such person's incarceration in a jail facility or the person's posting of a bond to avoid incarceration. If fingerprints are maintained manually, two (2) full sets of fingerprints shall be obtained and sent to the Tennessee bureau of investigation. If fingerprints are maintained electronically, a set of fingerprints shall be transmitted to the Tennessee bureau of investigation. Upon receipt of the fingerprints, the Tennessee bureau of investigation shall retain one (1) set of the fingerprints as provided in § 38-6-103 , and shall send one (1) set of the fingerprints to the federal bureau of investigation; (B) A person who is issued a citation pursuant to § 40-7-118 or § 40-7-120 shall not, for purposes of this section, be considered to have been arrested and the agency issuing the citation shall not be required to take the fingerprints of such person; and (36) Promptly turn over and transfer custody of any inmate sentenced to the department of correction who is being housed in such sheriff's local jail awaiting transfer when called upon to do so by a state official pursuant to § 40-35-212 or § 41-8-106 .
(1) Execute and return, according to law, the process and orders of the courts of record of this state, and of officers of competent authority, with due diligence, when delivered to the sheriff for that purpose;
(2) (A) Except as provided in subdivision (a)(2)(B), attend upon all the courts held in the county when in session; cause the courthouse or courtroom to be kept in order for the accommodation of the courts; furnish them with fire and water; and obey the lawful orders and directions of the court; (B) (i) In any municipality having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census, the trial judges shall, within the annual budget appropriation, appoint persons to serve as court officers for the respective courts, such persons to serve at the will of, and under the direction and supervision of the appointing judge. The officers shall be paid in accordance with the general pay plan of such a municipality; (ii) It is the duty of such court officers to maintain order during sessions of the court, to serve process as ordered and to perform such other duties as may be prescribed by the judge. The court officers shall, while acting in the performance of their duties, possess and exercise police powers to the same extent as that granted to members of the metropolitan police department;
(A) Except as provided in subdivision (a)(2)(B), attend upon all the courts held in the county when in session; cause the courthouse or courtroom to be kept in order for the accommodation of the courts; furnish them with fire and water; and obey the lawful orders and directions of the court;
(B) (i) In any municipality having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census, the trial judges shall, within the annual budget appropriation, appoint persons to serve as court officers for the respective courts, such persons to serve at the will of, and under the direction and supervision of the appointing judge. The officers shall be paid in accordance with the general pay plan of such a municipality; (ii) It is the duty of such court officers to maintain order during sessions of the court, to serve process as ordered and to perform such other duties as may be prescribed by the judge. The court officers shall, while acting in the performance of their duties, possess and exercise police powers to the same extent as that granted to members of the metropolitan police department;
(i) In any municipality having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census, the trial judges shall, within the annual budget appropriation, appoint persons to serve as court officers for the respective courts, such persons to serve at the will of, and under the direction and supervision of the appointing judge. The officers shall be paid in accordance with the general pay plan of such a municipality;
(ii) It is the duty of such court officers to maintain order during sessions of the court, to serve process as ordered and to perform such other duties as may be prescribed by the judge. The court officers shall, while acting in the performance of their duties, possess and exercise police powers to the same extent as that granted to members of the metropolitan police department;
(3) Take charge and custody of the jail of the sheriff's county, and of the prisoners therein; receive those lawfully committed, and keep them personally, or by deputies or jailer, until discharged by law; be constantly at the jail, or have someone there, with the keys to liberate the prisoners in case of fire; provided, that if two (2) or more counties enter into an interlocal agreement providing for a jail to serve the counties which are parties to the agreement, the sheriff of any county which is party to such agreement shall not take charge and custody of the jail shared by the agreeing counties unless the interlocal agreement so provides, nor shall the sheriff have charge of the prisoners lawfully committed to such a jail unless so provided by the interlocal agreement;
(4) Mark on all process delivered to the sheriff to be executed, the day on which the sheriff received the same;
(5) (A) Execute all writs and other process legally issued and directed to the sheriff, within the county, and make due return thereof, either personally or by a lawful deputy or, in civil lawsuits only, by a lawfully appointed civil process server except in counties specified in subdivision (a)(5)(B); (B) The provisions of subdivision (a)(5)(A), relative to other authorized process servers, do not apply in the counties having a population of: not less than nor more than 41,800 41,900 85,725 85,825 143,900 144,000 287,000 288,000 according to the 1980 federal census or any subsequent census;
(A) Execute all writs and other process legally issued and directed to the sheriff, within the county, and make due return thereof, either personally or by a lawful deputy or, in civil lawsuits only, by a lawfully appointed civil process server except in counties specified in subdivision (a)(5)(B);
(B) The provisions of subdivision (a)(5)(A), relative to other authorized process servers, do not apply in the counties having a population of: not less than nor more than 41,800 41,900 85,725 85,825 143,900 144,000 287,000 288,000 according to the 1980 federal census or any subsequent census;
not less than nor more than 41,800 41,900 85,725 85,825 143,900 144,000 287,000 288,000
not less than
nor more than
41,800
41,900
85,725
85,825
143,900
144,000
287,000
288,000
according to the 1980 federal census or any subsequent census;
(6) Execute every notice to take depositions, delivered to the sheriff, for any party residing in the county, by delivering a copy thereof to such party in due time; mark on the original notice the time of delivering such copy, and return the same to the clerk of the court in which the suit is pending;
(7) Serve, in due time, any delinquent officer or principal debtor with a copy of any notice of motion delivered to the sheriff to be served on such officer or debtor, and return the original notice in due time to the clerk of the court in which the motion is to be made, with the sheriff's endorsement of service;
(8) Go to the house or place of abode of every defendant against whom the sheriff has process, before returning on the same that the defendant is not to be found;
(9) Specify in the return in what county in the state the defendant resides, when the defendant is a known inhabitant of any other county than that of the sheriff to which the process is directed;
(10) Use, in the execution of process, a degree of diligence exceeding that which a prudent person employs in such person's own affairs;
(11) Give a receipt, if required by the party, for executions delivered to the sheriff;
(12) Receive nothing but money, or, unless otherwise instructed, current convertible bank notes, in satisfaction of any writ of execution delivered to the sheriff;
(13) Levy every writ of execution first on the defendant's goods and chattels, if there are any;
(14) Levy the same upon lands to the amount of the whole debt, or so much of the debt as may exceed the value of the goods and chattels, if there are not, to the best of the sheriff's knowledge, goods and chattels sufficient to answer the plaintiff's demand;
(15) Exhaust the property of a principal before selling the property of a surety, as provided in § 26-3-105 ;
(16) Take from a defendant, on whose personal property the sheriff has levied an execution, a delivery bond, if requested, with surety, for double the amount of the execution, payable to the plaintiff, conditioned for the delivery of the property at the day and place of sale;
(17) Levy such execution, if the bond be forfeited, upon so much of the property of the defendant, if to be found, as shall be sufficient to satisfy it; and, if there be a deficit, then upon the surety's property, sufficient to satisfy so much of the debt as the property not delivered was valued at;
(18) Summon a jury to ascertain the value of the undelivered property of the principal, if the value is not set forth in the delivery bond;
(19) Return the execution, and the bond with it, to the tribunal from which it issued, if satisfaction of the execution cannot be had before the return day;
(20) Have personal property that the sheriff sells under execution present at the time of sale, unless the defendant agrees that it may be sold without being present;
(21) Describe land levied upon by execution or attachment, so as to identify it and distinguish it from other lands;
(22) Serve the defendant in possession of land with twenty (20) days' notice of the levy, and of the time and place of sale;
(23) Advertise the sale of any land levied on by execution, as prescribed in §§ 35-5-101 - 35-5-104;
(24) Pay the expenses of such advertisement out of the proceeds of the sale;
(25) Return every execution which is delivered to the sheriff, on or before the day of return mentioned therein, with a sufficient response endorsed thereon or attached to it;
(26) Pay to the party entitled to the same, or to the party's agent or attorney, on demand, any moneys collected by the sheriff on any execution from a court of record;
(27) Return with such execution any money collected on such execution;
(28) Make out, if required by the defendant, on levying any debt, damages, or costs by virtue of an execution, a bill of fees due in the case, and set down, under the bill, a true copy of the clerk's and other endorsed fees separately and distinctly, and give a receipt for the same to the defendant in the execution;
(29) Endorse on the execution the amount of the sheriff's own fees taken on the same, to be entered by the clerk on the execution docket;
(30) Pay to the party entitled thereto, or to the party's agent or attorney, any money collected by the sheriff, by virtue of an execution from a judge of the court of general sessions, on or before the return day of the execution;
(31) Pay to the party entitled to receive the same, or to the party's agent or attorney, any money collected by the sheriff upon any debt or demand delivered to the sheriff for collection, whether the sheriff collects or receives the money before or after the issuance of any summons, or before or after the rendition of a judgment or the issuance of an execution;
(32) Return every execution issued by any judge of the court of general sessions and delivered to the sheriff, with a sufficient response thereon, within thirty (30) days after the issuance of the same, either to the judge who issued it, or to the judge having possession of that judge's papers;
(33) Perform such other duties as are, or may be, imposed by law;
(34) Enforce the ordinances of a municipality; provided, that the municipality has expressed by ordinance its intent to have the sheriff enforce its ordinances, and that the municipality has filed a certified copy of its ordinances with the sheriff and the general sessions court of the county;
(35) (A) Take or cause to be taken a full set of fingerprints of each person arrested whether by warrant or capias for an offense which results in such person's incarceration in a jail facility or the person's posting of a bond to avoid incarceration. If fingerprints are maintained manually, two (2) full sets of fingerprints shall be obtained and sent to the Tennessee bureau of investigation. If fingerprints are maintained electronically, a set of fingerprints shall be transmitted to the Tennessee bureau of investigation. Upon receipt of the fingerprints, the Tennessee bureau of investigation shall retain one (1) set of the fingerprints as provided in § 38-6-103 , and shall send one (1) set of the fingerprints to the federal bureau of investigation; (B) A person who is issued a citation pursuant to § 40-7-118 or § 40-7-120 shall not, for purposes of this section, be considered to have been arrested and the agency issuing the citation shall not be required to take the fingerprints of such person; and
(A) Take or cause to be taken a full set of fingerprints of each person arrested whether by warrant or capias for an offense which results in such person's incarceration in a jail facility or the person's posting of a bond to avoid incarceration. If fingerprints are maintained manually, two (2) full sets of fingerprints shall be obtained and sent to the Tennessee bureau of investigation. If fingerprints are maintained electronically, a set of fingerprints shall be transmitted to the Tennessee bureau of investigation. Upon receipt of the fingerprints, the Tennessee bureau of investigation shall retain one (1) set of the fingerprints as provided in § 38-6-103 , and shall send one (1) set of the fingerprints to the federal bureau of investigation;
(B) A person who is issued a citation pursuant to § 40-7-118 or § 40-7-120 shall not, for purposes of this section, be considered to have been arrested and the agency issuing the citation shall not be required to take the fingerprints of such person; and
(36) Promptly turn over and transfer custody of any inmate sentenced to the department of correction who is being housed in such sheriff's local jail awaiting transfer when called upon to do so by a state official pursuant to § 40-35-212 or § 41-8-106 .
(b) (1) In addition to the duties set forth in subsection (a), the sheriff shall perform the duties set forth in the following sections: 2-17-106, 5-7-108, 6-55-201, 7-51-1105, 7-51-1107, 7-51-1111, 7-86-105, 8-4-115, 8-7-110, 8-22-110, 8-26-108, 11-24-112, 16-2-505, 16-15-715, 16-15-901, 18-1-206, 20-2-103, 20-2-111, 22-2-307, 22-2-310, 26-1-402, 26-2-216, 26-2-405, 26-2-406, 26-5-116, 29-16-111, 29-17-706, 29-18-115, 33-3-611, 33-6-406, 33-6-407, 33-6-610, 33-6-611, 33-6-615, 33-6-901, 37-1-213, 37-1-310, 37-1-403, 37-1-405, 37-1-603, 37-1-605, 37-1-607, 37-5-205, 38-1-106, 38-3-102, 38-3-108, 38-3-122, 38-7-106, 38-7-108, [former] 38-7-116 [repealed], 38-8-102, 38-8-111, 38-10-102, 38-11-204, 39-14-149, 39-17-420, 39-17-429, 39-17-714, 39-17-1315, 39-17-1317, 39-17-1351, 39-17-1361, 40-6-105, 40-6-210, 40-6-212, 40-6-215, 40-7-120, 40-9-103, 40-9-124, 40-9-127, 40-10-105, 40-10-106, 40-11-106, 40-11-135, 40-11-147, 40-11-207, 40-11-211, 40-11-212, 40-13-301, 40-20-117, 40-23-103, 40-23-113, 40-23-116, 40-25-111, 40-25-135, 40-28-107, 40-30-110, 40-33-102, 40-33-104, 40-33-105, 40-33-107, 40-35-307, 40-36-201, 40-38-103, 41-1-604, 41-4-143, 41-7-105, 41-8-105, 41-11-105, 41-11-110, 41-21-308, 41-21-909, 41-22-301, 41-22-303, 41-22-307, 47-13-104, 47-25-404, 49-6-3007, 49-6-3203, 52-5-410, 53-11-451, 54-11-105, 54-14-106, 55-10-402, 55-10-410, 55-10-420, 57-3-410, 57-5-202, 57-9-101, 57-9-102, 57-9-103, 57-9-104, 57-9-106, 57-9-107, 57-9-108, 57-9-110, 57-9-111, 57-9-115, 57-9-118, 60-1-205, 62-35-131, 63-3-126, 63-5-124, 63-8-120, 63-9-110, 63-16-115, 63-17-219, 63-25-110, 65-6-133, 66-19-206, 66-19-208, 66-19-209, 66-23-111, 67-1-1202, 67-1-1203, 67-4-110, 67-4-215, 67-4-603, 67-4-1017, 67-5-2006, 68-29-136, 68-102-145, 68-120-401, 68-140-522, 70-4-106, 70-6-201, and 71-6-208. (2) The sheriff shall perform such other duties as are, or may be, imposed by law or custom.
(1) In addition to the duties set forth in subsection (a), the sheriff shall perform the duties set forth in the following sections: 2-17-106, 5-7-108, 6-55-201, 7-51-1105, 7-51-1107, 7-51-1111, 7-86-105, 8-4-115, 8-7-110, 8-22-110, 8-26-108, 11-24-112, 16-2-505, 16-15-715, 16-15-901, 18-1-206, 20-2-103, 20-2-111, 22-2-307, 22-2-310, 26-1-402, 26-2-216, 26-2-405, 26-2-406, 26-5-116, 29-16-111, 29-17-706, 29-18-115, 33-3-611, 33-6-406, 33-6-407, 33-6-610, 33-6-611, 33-6-615, 33-6-901, 37-1-213, 37-1-310, 37-1-403, 37-1-405, 37-1-603, 37-1-605, 37-1-607, 37-5-205, 38-1-106, 38-3-102, 38-3-108, 38-3-122, 38-7-106, 38-7-108, [former] 38-7-116 [repealed], 38-8-102, 38-8-111, 38-10-102, 38-11-204, 39-14-149, 39-17-420, 39-17-429, 39-17-714, 39-17-1315, 39-17-1317, 39-17-1351, 39-17-1361, 40-6-105, 40-6-210, 40-6-212, 40-6-215, 40-7-120, 40-9-103, 40-9-124, 40-9-127, 40-10-105, 40-10-106, 40-11-106, 40-11-135, 40-11-147, 40-11-207, 40-11-211, 40-11-212, 40-13-301, 40-20-117, 40-23-103, 40-23-113, 40-23-116, 40-25-111, 40-25-135, 40-28-107, 40-30-110, 40-33-102, 40-33-104, 40-33-105, 40-33-107, 40-35-307, 40-36-201, 40-38-103, 41-1-604, 41-4-143, 41-7-105, 41-8-105, 41-11-105, 41-11-110, 41-21-308, 41-21-909, 41-22-301, 41-22-303, 41-22-307, 47-13-104, 47-25-404, 49-6-3007, 49-6-3203, 52-5-410, 53-11-451, 54-11-105, 54-14-106, 55-10-402, 55-10-410, 55-10-420, 57-3-410, 57-5-202, 57-9-101, 57-9-102, 57-9-103, 57-9-104, 57-9-106, 57-9-107, 57-9-108, 57-9-110, 57-9-111, 57-9-115, 57-9-118, 60-1-205, 62-35-131, 63-3-126, 63-5-124, 63-8-120, 63-9-110, 63-16-115, 63-17-219, 63-25-110, 65-6-133, 66-19-206, 66-19-208, 66-19-209, 66-23-111, 67-1-1202, 67-1-1203, 67-4-110, 67-4-215, 67-4-603, 67-4-1017, 67-5-2006, 68-29-136, 68-102-145, 68-120-401, 68-140-522, 70-4-106, 70-6-201, and 71-6-208.
(2) The sheriff shall perform such other duties as are, or may be, imposed by law or custom.
Amended by 2024 Tenn. Acts, ch. 688,s 116, eff. 7/1/2024.
Amended by 2019 Tenn. Acts, ch. 509, s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 118, s 1, eff. 4/9/2019.
Amended by 2013 Tenn. Acts, ch. 154, s 29, eff. 7/1/2013.
Code 1858, §§ 360, 4093 (deriv. Acts 1777 (Nov.), ch. 8, §§ 5, 7, 10; 1794, ch. 1, §§ 9, 23; 1799, ch. 14, § 1; 1801, ch. 13, § 1; 1803, ch. 18, § 2; 1817, ch. 199, §§ 5, 6; 1827, ch. 35, § 4; 1829, ch. 71, § 1; 1831, ch. 25, §§ 1, 2; 1835-1836, ch. 17, §§ 4, 5; 1835-1836, ch. 19, § 6; 1837-1838, ch. 190, § 1; 1841-1842, ch. 37; 1843-1844, ch. 32, § 1; 1845-1846, ch. 22; 1849-1850, ch. 120, § 1); Acts 1897, ch. 66, § 1; Shan., §§ 449, 5906; mod. Code 1932, §§ 696, 10106; modified; Acts 1973, ch. 88, § 1; 1973, ch. 355, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-810; Acts 1981, ch. 289, § 2; 1982, ch. 930, § 1; 1986, ch. 698, § 2; 1987, ch. 338, §§ 2, 3-5; 1994, ch. 728, § 1; 1995, ch. 462, §§ 1, 2; 1997 , ch. 502, § 2; 1999, ch. 190, § 2; 2004, ch. 438, § 1; 2004, ch. 669, §§ 1, 2; 2005, ch. 174, § 1; 2008 , ch. 701, § 6; 2008 , ch. 1159, § 3.
Tenn. Code Ann. § 8-6-105 — TN Code / Title 8 / Chapter 6 / Section 8-6-105
Expenses
Status: in_force

The attorney general and reporter and all of the assistants shall be paid their necessary expenses incurred on business for the state, in like manner as their compensation, when there have been filed with the commissioner of finance and administration an itemized statement certified by the officer incurring the expenses. This statement, in case of assistants, shall be approved by the attorney general and reporter. Acts 1929, ch. 22, § 4; Code 1932, § 9953; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 8-605.
The attorney general and reporter and all of the assistants shall be paid their necessary expenses incurred on business for the state, in like manner as their compensation, when there have been filed with the commissioner of finance and administration an itemized statement certified by the officer incurring the expenses. This statement, in case of assistants, shall be approved by the attorney general and reporter.
Acts 1929, ch. 22, § 4; Code 1932, § 9953; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 8-605.
Tenn. Code Ann. § 8-10-201 — TN Code / Title 8 / Chapter 10 / Section 8-10-201
In-service education
Status: in_force

The Tennessee Constable Association, the Tennessee Constable Council, and the East Tennessee Constables Association may develop and maintain a series of in-service education courses to be offered routinely throughout the year in the various divisions of the state. These courses shall be offered at nights or on weekends so as not to interfere with the constables' other full-time work. Courses offered shall contain information pertinent to the various aspects of civil and criminal process, firearms certification, and other issues relative to the powers and duties of constables. The constables shall pay costs of the courses unless state or local funds are made available. Upon completion of the in-service course, the Tennessee Constable Association, the Tennessee Constable Council, or the East Tennessee Constables Association, as applicable, shall issue a certificate of completion to each officer. Amended by 2022 Tenn. Acts, ch. 667, s 1, eff. 3/18/2022. Acts 1993, ch. 414, § 2; 2004, ch. 655, § 4.
The Tennessee Constable Association, the Tennessee Constable Council, and the East Tennessee Constables Association may develop and maintain a series of in-service education courses to be offered routinely throughout the year in the various divisions of the state. These courses shall be offered at nights or on weekends so as not to interfere with the constables' other full-time work. Courses offered shall contain information pertinent to the various aspects of civil and criminal process, firearms certification, and other issues relative to the powers and duties of constables. The constables shall pay costs of the courses unless state or local funds are made available. Upon completion of the in-service course, the Tennessee Constable Association, the Tennessee Constable Council, or the East Tennessee Constables Association, as applicable, shall issue a certificate of completion to each officer.
Amended by 2022 Tenn. Acts, ch. 667, s 1, eff. 3/18/2022.
Acts 1993, ch. 414, § 2; 2004, ch. 655, § 4.
Tenn. Code Ann. § 8-27-401 — TN Code / Title 8 / Chapter 27 / Section 8-27-401
Group insurance for county employees authorized - Persons eligible
Status: in_force

(a) Notwithstanding any other provision to the contrary, county legislative bodies or other governing bodies are authorized to provide group life, hospitalization, disability, or medical insurance for county employees. (b) For purposes of this part: (1) "County employee" may include, subject to the approval of the county legislative bodies: (A) Retired county employees, officials, and their surviving spouses. Where any county has offered such coverage prior to May 10, 1994, no further action by the legislative body shall be required; and (B) Volunteer firefighters who have successfully completed the Tennessee commission on firefighting personnel and standard education certification exam for Firefighter I and practiced as a volunteer firefighter for at least one (1) year from the completion of such exam prior to making application for benefits pursuant to this part; and (2) "Volunteer firefighter" means any member or personnel of a fire department, volunteer fire department, rescue squad or volunteer rescue squad, including, but not limited to, a junior member, a board member, or an auxiliary member of the department or squad. Amended by 2016 Tenn. Acts, ch. 765,s 1, eff. 7/1/2016. Acts 1974, ch. 449, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 8-4130; Acts 1994, ch. 966, § 2.
(a) Notwithstanding any other provision to the contrary, county legislative bodies or other governing bodies are authorized to provide group life, hospitalization, disability, or medical insurance for county employees.
(b) For purposes of this part: (1) "County employee" may include, subject to the approval of the county legislative bodies: (A) Retired county employees, officials, and their surviving spouses. Where any county has offered such coverage prior to May 10, 1994, no further action by the legislative body shall be required; and (B) Volunteer firefighters who have successfully completed the Tennessee commission on firefighting personnel and standard education certification exam for Firefighter I and practiced as a volunteer firefighter for at least one (1) year from the completion of such exam prior to making application for benefits pursuant to this part; and (2) "Volunteer firefighter" means any member or personnel of a fire department, volunteer fire department, rescue squad or volunteer rescue squad, including, but not limited to, a junior member, a board member, or an auxiliary member of the department or squad.
(1) "County employee" may include, subject to the approval of the county legislative bodies: (A) Retired county employees, officials, and their surviving spouses. Where any county has offered such coverage prior to May 10, 1994, no further action by the legislative body shall be required; and (B) Volunteer firefighters who have successfully completed the Tennessee commission on firefighting personnel and standard education certification exam for Firefighter I and practiced as a volunteer firefighter for at least one (1) year from the completion of such exam prior to making application for benefits pursuant to this part; and
(A) Retired county employees, officials, and their surviving spouses. Where any county has offered such coverage prior to May 10, 1994, no further action by the legislative body shall be required; and
(B) Volunteer firefighters who have successfully completed the Tennessee commission on firefighting personnel and standard education certification exam for Firefighter I and practiced as a volunteer firefighter for at least one (1) year from the completion of such exam prior to making application for benefits pursuant to this part; and
(2) "Volunteer firefighter" means any member or personnel of a fire department, volunteer fire department, rescue squad or volunteer rescue squad, including, but not limited to, a junior member, a board member, or an auxiliary member of the department or squad.
Amended by 2016 Tenn. Acts, ch. 765,s 1, eff. 7/1/2016.
Acts 1974, ch. 449, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 8-4130; Acts 1994, ch. 966, § 2.
Tenn. Code Ann. § 8-14-102 — TN Code / Title 8 / Chapter 14 / Section 8-14-102
Creation of the district public defenders office - Positions and qualifications - Elections and appointments
Status: in_force

(a) For each judicial district, except the twentieth and thirtieth districts, the offices of district public defender, assistant district public defender and district investigator are hereby created. (b) (1) (A) The terms of office of all district public defenders shall be eight (8) years, and until their successors are elected and qualified. Each district public defender shall be elected by the qualified voters of each respective district in the regular August election. The district public defender shall be a duly licensed attorney admitted to the practice of law in this state, and shall have been a resident of the state for five (5) years and of the judicial district for one (1) year. (B) A vacancy in the office of the district public defender shall be filled by the voters of the district at the next biennial election more than thirty (30) days after the happening of the vacancy. The election shall be ordered by the governor by issuing proper writs of election to the county election commissions throughout the district, notice being given for one (1) month by publication in one (1) or more newspapers in the district. In the meantime, the governor shall appoint a suitable person to fill the office temporarily until the election takes place. (C) (i) Effective September 1, 2022, there is created the position of district public defender for the thirty-second judicial district. At the regular August election in 2022, the qualified voters of the thirty-second judicial district shall elect a person to the position of district public defender for a full eight-year term. The person elected to such position shall possess the same qualifications, powers, and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments, and dignity of office as is required or provided by law for other district public defenders. (ii) The district public defender of the thirty-second judicial district is entitled to three (3) assistant public defender positions, one (1) district investigator position, one (1) administrative assistant position, and two (2) secretary positions. (iii) On September 1, 2022, the district public defender is entitled to purchase such office space and other office property necessary to establish the office of the district public defender for the thirty-second judicial district. Nothing contained herein shall be construed as prohibiting such district public defender from also establishing an additional office in the thirty-second judicial district. By September 1, 2022, all records, files, papers, and other official documents pertaining to any pending or completed case arising out of any of the counties comprising the thirty-second judicial district shall be transferred to and become the property of the office of district public defender for the thirty-second judicial district. (2) The district public defender of any judicial district in which assistant district public defender positions are authorized by law shall appoint suitable persons to serve as assistant district public defenders. Any assistant district public defender shall be an attorney licensed to practice law in this state. Persons so appointed shall serve at the pleasure of the district public defender and shall perform such duties as the district public defender may require. (3) The district public defender of any judicial district in which district investigator positions are authorized by law shall appoint suitable persons to serve as district investigators. Persons so appointed shall serve at the pleasure of the district public defender and shall perform such duties as the district public defender may require. (c) No person holding the office of district public defender pursuant to this part shall be permitted to engage in the practice of law except as the duties of such office require. No person employed as a full-time assistant district public defender or as a full-time district investigator pursuant to this part shall be permitted to engage in the practice of law except as the duties of such positions require. Notwithstanding any other restrictions, attorneys with pending private legal matters at the time of employment with the office of district public defender shall have a reasonable length of time to conclude or transfer such cases in keeping with the standards of professional and ethical conduct. (d) (1) For each judicial district in which district public defenders are authorized, there shall be authorized the following number of assistant district public defender positions: Judicial district Assistant district public defender positions 1....................................... 6 2....................................... 6 3....................................... 6 4....................................... 5 5....................................... 3 6....................................... 16 7....................................... 3 8....................................... 4 9....................................... 3 10....................................... 5 11....................................... 10 12....................................... 4 13....................................... 5 14....................................... 3 15....................................... 4 16....................................... 5 17....................................... 4 18....................................... 4 19....................................... 6 21....................................... 4 22....................................... 5 23....................................... 4 24....................................... 4 25....................................... 5 26....................................... 5 27....................................... 3 28....................................... 3 29....................................... 3 31....................................... 1 (2) It is the legislative intent to provide additional assistant district public defender positions in both the 20th and 30th judicial districts in a manner consistent with the most current weighted caseload study. Funding for these positions shall be contingent upon specific appropriation by the general appropriations act for such positions. (e) For each district, there is authorized at least one (1) criminal investigator position and one (1) additional criminal investigator for each five (5) assistant district public defenders or majority portion of such number. (f) A district public defender may fill a full-time employee position with two (2) part-time employees. In order to implement such assignments, available funds may be reallocated or transferred, subject to overall budgetary limits. (g) There is authorized one (1) paralegal position for the sixth judicial district. (h) The number of assistant district public defender positions enumerated in this section or any other law for each specified judicial district shall be the minimum number of positions authorized in the district. Nothing in this section or any other law shall be construed to prohibit or prevent the employment of additional assistant district public defenders in a particular judicial district, regardless of whether the positions are funded by a state or non-state source, or whether they are specifically enumerated in this or any other section. Amended by 2020 Tenn. Acts, ch. 530, s 4, eff. 3/10/2020. Amended by 2019 Tenn. Acts, ch. 420, s 3, eff. 5/21/2019. Acts 1989, ch. 588, § 2; 1990, ch. 751, § 5; 1990, ch. 964, § 1; 1992, ch. 965, § 1; 1993, ch. 472, § 7; 1994, ch. 904, § 1; 1995, ch. 473, § 1; 1996, ch. 1014, § 1; 1999, ch. 165, § 1; 2003 , ch. 355, § 6; 2005, ch. 25, § 1; 2006, ch. 815, § 1.
(a) For each judicial district, except the twentieth and thirtieth districts, the offices of district public defender, assistant district public defender and district investigator are hereby created.
(b) (1) (A) The terms of office of all district public defenders shall be eight (8) years, and until their successors are elected and qualified. Each district public defender shall be elected by the qualified voters of each respective district in the regular August election. The district public defender shall be a duly licensed attorney admitted to the practice of law in this state, and shall have been a resident of the state for five (5) years and of the judicial district for one (1) year. (B) A vacancy in the office of the district public defender shall be filled by the voters of the district at the next biennial election more than thirty (30) days after the happening of the vacancy. The election shall be ordered by the governor by issuing proper writs of election to the county election commissions throughout the district, notice being given for one (1) month by publication in one (1) or more newspapers in the district. In the meantime, the governor shall appoint a suitable person to fill the office temporarily until the election takes place. (C) (i) Effective September 1, 2022, there is created the position of district public defender for the thirty-second judicial district. At the regular August election in 2022, the qualified voters of the thirty-second judicial district shall elect a person to the position of district public defender for a full eight-year term. The person elected to such position shall possess the same qualifications, powers, and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments, and dignity of office as is required or provided by law for other district public defenders. (ii) The district public defender of the thirty-second judicial district is entitled to three (3) assistant public defender positions, one (1) district investigator position, one (1) administrative assistant position, and two (2) secretary positions. (iii) On September 1, 2022, the district public defender is entitled to purchase such office space and other office property necessary to establish the office of the district public defender for the thirty-second judicial district. Nothing contained herein shall be construed as prohibiting such district public defender from also establishing an additional office in the thirty-second judicial district. By September 1, 2022, all records, files, papers, and other official documents pertaining to any pending or completed case arising out of any of the counties comprising the thirty-second judicial district shall be transferred to and become the property of the office of district public defender for the thirty-second judicial district. (2) The district public defender of any judicial district in which assistant district public defender positions are authorized by law shall appoint suitable persons to serve as assistant district public defenders. Any assistant district public defender shall be an attorney licensed to practice law in this state. Persons so appointed shall serve at the pleasure of the district public defender and shall perform such duties as the district public defender may require. (3) The district public defender of any judicial district in which district investigator positions are authorized by law shall appoint suitable persons to serve as district investigators. Persons so appointed shall serve at the pleasure of the district public defender and shall perform such duties as the district public defender may require.
(1) (A) The terms of office of all district public defenders shall be eight (8) years, and until their successors are elected and qualified. Each district public defender shall be elected by the qualified voters of each respective district in the regular August election. The district public defender shall be a duly licensed attorney admitted to the practice of law in this state, and shall have been a resident of the state for five (5) years and of the judicial district for one (1) year. (B) A vacancy in the office of the district public defender shall be filled by the voters of the district at the next biennial election more than thirty (30) days after the happening of the vacancy. The election shall be ordered by the governor by issuing proper writs of election to the county election commissions throughout the district, notice being given for one (1) month by publication in one (1) or more newspapers in the district. In the meantime, the governor shall appoint a suitable person to fill the office temporarily until the election takes place. (C) (i) Effective September 1, 2022, there is created the position of district public defender for the thirty-second judicial district. At the regular August election in 2022, the qualified voters of the thirty-second judicial district shall elect a person to the position of district public defender for a full eight-year term. The person elected to such position shall possess the same qualifications, powers, and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments, and dignity of office as is required or provided by law for other district public defenders. (ii) The district public defender of the thirty-second judicial district is entitled to three (3) assistant public defender positions, one (1) district investigator position, one (1) administrative assistant position, and two (2) secretary positions. (iii) On September 1, 2022, the district public defender is entitled to purchase such office space and other office property necessary to establish the office of the district public defender for the thirty-second judicial district. Nothing contained herein shall be construed as prohibiting such district public defender from also establishing an additional office in the thirty-second judicial district. By September 1, 2022, all records, files, papers, and other official documents pertaining to any pending or completed case arising out of any of the counties comprising the thirty-second judicial district shall be transferred to and become the property of the office of district public defender for the thirty-second judicial district.
(A) The terms of office of all district public defenders shall be eight (8) years, and until their successors are elected and qualified. Each district public defender shall be elected by the qualified voters of each respective district in the regular August election. The district public defender shall be a duly licensed attorney admitted to the practice of law in this state, and shall have been a resident of the state for five (5) years and of the judicial district for one (1) year.
(B) A vacancy in the office of the district public defender shall be filled by the voters of the district at the next biennial election more than thirty (30) days after the happening of the vacancy. The election shall be ordered by the governor by issuing proper writs of election to the county election commissions throughout the district, notice being given for one (1) month by publication in one (1) or more newspapers in the district. In the meantime, the governor shall appoint a suitable person to fill the office temporarily until the election takes place.
(C) (i) Effective September 1, 2022, there is created the position of district public defender for the thirty-second judicial district. At the regular August election in 2022, the qualified voters of the thirty-second judicial district shall elect a person to the position of district public defender for a full eight-year term. The person elected to such position shall possess the same qualifications, powers, and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments, and dignity of office as is required or provided by law for other district public defenders. (ii) The district public defender of the thirty-second judicial district is entitled to three (3) assistant public defender positions, one (1) district investigator position, one (1) administrative assistant position, and two (2) secretary positions. (iii) On September 1, 2022, the district public defender is entitled to purchase such office space and other office property necessary to establish the office of the district public defender for the thirty-second judicial district. Nothing contained herein shall be construed as prohibiting such district public defender from also establishing an additional office in the thirty-second judicial district. By September 1, 2022, all records, files, papers, and other official documents pertaining to any pending or completed case arising out of any of the counties comprising the thirty-second judicial district shall be transferred to and become the property of the office of district public defender for the thirty-second judicial district.
(i) Effective September 1, 2022, there is created the position of district public defender for the thirty-second judicial district. At the regular August election in 2022, the qualified voters of the thirty-second judicial district shall elect a person to the position of district public defender for a full eight-year term. The person elected to such position shall possess the same qualifications, powers, and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments, and dignity of office as is required or provided by law for other district public defenders.
(ii) The district public defender of the thirty-second judicial district is entitled to three (3) assistant public defender positions, one (1) district investigator position, one (1) administrative assistant position, and two (2) secretary positions.
(iii) On September 1, 2022, the district public defender is entitled to purchase such office space and other office property necessary to establish the office of the district public defender for the thirty-second judicial district. Nothing contained herein shall be construed as prohibiting such district public defender from also establishing an additional office in the thirty-second judicial district. By September 1, 2022, all records, files, papers, and other official documents pertaining to any pending or completed case arising out of any of the counties comprising the thirty-second judicial district shall be transferred to and become the property of the office of district public defender for the thirty-second judicial district.
(2) The district public defender of any judicial district in which assistant district public defender positions are authorized by law shall appoint suitable persons to serve as assistant district public defenders. Any assistant district public defender shall be an attorney licensed to practice law in this state. Persons so appointed shall serve at the pleasure of the district public defender and shall perform such duties as the district public defender may require.
(3) The district public defender of any judicial district in which district investigator positions are authorized by law shall appoint suitable persons to serve as district investigators. Persons so appointed shall serve at the pleasure of the district public defender and shall perform such duties as the district public defender may require.
(c) No person holding the office of district public defender pursuant to this part shall be permitted to engage in the practice of law except as the duties of such office require. No person employed as a full-time assistant district public defender or as a full-time district investigator pursuant to this part shall be permitted to engage in the practice of law except as the duties of such positions require. Notwithstanding any other restrictions, attorneys with pending private legal matters at the time of employment with the office of district public defender shall have a reasonable length of time to conclude or transfer such cases in keeping with the standards of professional and ethical conduct.
(d) (1) For each judicial district in which district public defenders are authorized, there shall be authorized the following number of assistant district public defender positions: Judicial district Assistant district public defender positions 1....................................... 6 2....................................... 6 3....................................... 6 4....................................... 5 5....................................... 3 6....................................... 16 7....................................... 3 8....................................... 4 9....................................... 3 10....................................... 5 11....................................... 10 12....................................... 4 13....................................... 5 14....................................... 3 15....................................... 4 16....................................... 5 17....................................... 4 18....................................... 4 19....................................... 6 21....................................... 4 22....................................... 5 23....................................... 4 24....................................... 4 25....................................... 5 26....................................... 5 27....................................... 3 28....................................... 3 29....................................... 3 31....................................... 1 (2) It is the legislative intent to provide additional assistant district public defender positions in both the 20th and 30th judicial districts in a manner consistent with the most current weighted caseload study. Funding for these positions shall be contingent upon specific appropriation by the general appropriations act for such positions.
(1) For each judicial district in which district public defenders are authorized, there shall be authorized the following number of assistant district public defender positions: Judicial district Assistant district public defender positions 1....................................... 6 2....................................... 6 3....................................... 6 4....................................... 5 5....................................... 3 6....................................... 16 7....................................... 3 8....................................... 4 9....................................... 3 10....................................... 5 11....................................... 10 12....................................... 4 13....................................... 5 14....................................... 3 15....................................... 4 16....................................... 5 17....................................... 4 18....................................... 4 19....................................... 6 21....................................... 4 22....................................... 5 23....................................... 4 24....................................... 4 25....................................... 5 26....................................... 5 27....................................... 3 28....................................... 3 29....................................... 3 31....................................... 1
Judicial district Assistant district public defender positions 1....................................... 6 2....................................... 6 3....................................... 6 4....................................... 5 5....................................... 3 6....................................... 16 7....................................... 3 8....................................... 4 9....................................... 3 10....................................... 5 11....................................... 10 12....................................... 4 13....................................... 5 14....................................... 3 15....................................... 4 16....................................... 5 17....................................... 4 18....................................... 4 19....................................... 6 21....................................... 4 22....................................... 5 23....................................... 4 24....................................... 4 25....................................... 5 26....................................... 5 27....................................... 3 28....................................... 3 29....................................... 3 31....................................... 1
Judicial district
Assistant district public defender positions
1.......................................
6
2.......................................
6
3.......................................
6
4.......................................
5
5.......................................
3
6.......................................
16
7.......................................
3
8.......................................
4
9.......................................
3
10.......................................
5
11.......................................
10
12.......................................
4
13.......................................
5
14.......................................
3
15.......................................
4
16.......................................
5
17.......................................
4
18.......................................
4
19.......................................
6
21.......................................
4
22.......................................
5
23.......................................
4
24.......................................
4
25.......................................
5
26.......................................
5
27.......................................
3
28.......................................
3
29.......................................
3
31.......................................
1
(2) It is the legislative intent to provide additional assistant district public defender positions in both the 20th and 30th judicial districts in a manner consistent with the most current weighted caseload study. Funding for these positions shall be contingent upon specific appropriation by the general appropriations act for such positions.
(e) For each district, there is authorized at least one (1) criminal investigator position and one (1) additional criminal investigator for each five (5) assistant district public defenders or majority portion of such number.
(f) A district public defender may fill a full-time employee position with two (2) part-time employees. In order to implement such assignments, available funds may be reallocated or transferred, subject to overall budgetary limits.
(g) There is authorized one (1) paralegal position for the sixth judicial district.
(h) The number of assistant district public defender positions enumerated in this section or any other law for each specified judicial district shall be the minimum number of positions authorized in the district. Nothing in this section or any other law shall be construed to prohibit or prevent the employment of additional assistant district public defenders in a particular judicial district, regardless of whether the positions are funded by a state or non-state source, or whether they are specifically enumerated in this or any other section.
Amended by 2020 Tenn. Acts, ch. 530, s 4, eff. 3/10/2020.
Amended by 2019 Tenn. Acts, ch. 420, s 3, eff. 5/21/2019.
Acts 1989, ch. 588, § 2; 1990, ch. 751, § 5; 1990, ch. 964, § 1; 1992, ch. 965, § 1; 1993, ch. 472, § 7; 1994, ch. 904, § 1; 1995, ch. 473, § 1; 1996, ch. 1014, § 1; 1999, ch. 165, § 1; 2003 , ch. 355, § 6; 2005, ch. 25, § 1; 2006, ch. 815, § 1.
Tenn. Code Ann. § 8-23-204 — TN Code / Title 8 / Chapter 23 / Section 8-23-204
Payroll deduction for certain associations
Status: in_force

(a) (1) As used in this section, unless the context otherwise requires: (A) "Employee" means an officer or employee who is a regularly employed, full-time employee of the executive branch of state government; (B) "Employee association" means any association of employees complying with subdivision (a)(2), except when otherwise noted herein; and (C) "State agency" means any department, commission, board, office or other agency of the executive, legislative or judicial branch of state government. (2) Any employee of a state agency may authorize deductions for the payment of membership dues and benefit premiums to be made from the employee's compensation for payment to an employee association, if such employee association meets all of the following criteria: (A) It grants membership to any employee who applies for membership without regard to such employee's job classification, state agency or location; (B) It grants the same rights and privileges of membership to all its members; (C) It provides equal services to its members without regard to the job classification, state agency or location of employment within the state of a member; (D) It has a membership of not less than twenty percent (20%) of the employees of state agencies in the executive, legislative or judicial branch; (E) It has as one (1) of its objectives the promotion of an efficient and effective work force for state government in Tennessee, and if affiliated in any manner with another organization, the other organization shall have similar objectives; (F) It is itself a wholly domestic employee organization which is not a part of a multi-state employee organization which controls it or has any right of control; and (G) It is an independent association that will not merge or join with another employee or labor organization without over fifty percent (50%) of its members affirmatively voting to become so merged or joined. (3) Any employee association whose membership consists exclusively of employees of a single correctional institute and which has an agreement for payroll deduction of dues entered into prior to July 1, 1977, may continue or renew such agreement without compliance with the requirements established in the criteria in subdivision (a)(2). (4) Any employee association seeking to qualify under subdivision (a)(2) shall file an initial statement showing the actual number of employees who are members with the commissioner of finance and administration. The commissioner may request an employee association to file an annual certification that it complies with all the requirements of this section. Decisions by the department of finance and administration with regard to an employee association's ineligibility to receive automatic payroll deductions shall not be final until audited and approved by the comptroller of the treasury. (5) (A) Any professional education association whose active membership consists of at least twenty percent (20%) of the total combined faculty as active members may make an agreement for payroll deduction of dues without compliance with the criteria in subdivision (a)(2), if such association has as a purpose and goal the elevation of the professional status and socio-economic welfare of the members of the teaching profession, or facilitation of cooperation among teachers and research scholars for the promotion of higher education and research. Such agreements shall be applicable to the teachers and faculty on the campuses and institutions of the University of Tennessee and the state university and community college system. Such professional education associations must have existed for more than fifty (50) years and have a total of five (5) or more chapters or affiliates on the campuses and institutions of the University of Tennessee and the state university and community college system. (B) The provision of subdivision (a)(5)(A) requiring a professional education organization to maintain at least twenty percent (20%) of the total combined faculty as active members in order to qualify for deduction of dues shall not apply to any professional association which has had and has exercised the privilege of deduction of dues for at least four (4) years prior to May 31, 1993. (6) Any professional education association whose active membership consists of education employees may make an agreement for payroll deduction of dues at state special schools if such a professional education association meets all of the following criteria: (A) It solicits membership from all certificated employees; (B) It grants the same rights and privileges of membership to all its active members; (C) It provides equal services to its active members; (D) It has a membership of not less than forty percent (40%) of the currently employed certificated employees at each of the state special schools as of July 1, 1991, and can offer proof of continued membership each fiscal year; and (E) It has as one (1) of its objectives the promotion of education and the elevation of the professional status of the members of the teaching profession. (7) (A) Any member of the Tennessee highway patrol may authorize payroll deductions for the payment of membership dues to be made from the member's compensation for payment to an organization of members of the Tennessee highway patrol, if such organization meets the following criteria: (i) It solicits membership from all commissioned members of the Tennessee highway patrol; (ii) It grants the same rights and privileges of membership to all its members; (iii) It provides equal services to its members; and (iv) It has a membership of not less than twenty percent (20%) of the currently employed commissioned members of the Tennessee highway patrol. (B) Any organization that meets the criteria in subdivisions (a)(7)(A)(i)-(iv) and that seeks to accept the payment of membership dues through payroll deductions shall file with the commissioner of finance and administration an initial statement that states the actual number of employees who are commissioned members of the Tennessee highway patrol. The commissioner may request an organization to file an annual certification that it complies with all the requirements of this subdivision (a)(7). Decisions by the department of finance and administration with regard to an organization's ineligibility to receive automatic payroll deductions shall not be final until audited and approved by the comptroller of the treasury. (8) (A) Any wildlife resource officer of the Tennessee wildlife resources agency (TWRA) may authorize payroll deductions for the payment of membership dues to be made from the officer's compensation for payment to an officers association of the TWRA, if: (i) The officers association solicits membership from all wildlife resource officers of the TWRA; (ii) The officers association grants the same rights and privileges of membership to all of its members; (iii) The officers association provides equal services to its members; (iv) The officers association has a membership of at least twenty percent (20%) of the currently employed wildlife resource officers of the TWRA; and (v) The dues will not be used for political activities. For purposes of this subdivision (a)(8)(A)(v), "political activities" means electoral activities, independent expenditures, or expenditures made to any candidate, political party, or political action committee. (B) An association that meets the criteria in subdivisions (a)(8)(A)(i)-(v) and that seeks to accept the payment of membership dues through payroll deductions must file with the commissioner of finance and administration a statement that includes the specific number of wildlife officers employed by the TWRA who are members of the association. The commissioner may request the association to certify that it complies with the requirements of this subdivision (a)(8)(B). The department of finance and administration shall not make a final decision regarding an association's eligibility to receive automatic payroll deductions until the association is audited and approved by the comptroller of the treasury to accept the payment of membership dues under this subdivision (a)(8). (b) (1) Any employee of the state of Tennessee who engages or participates in a work stoppage or who authorizes or encourages a work stoppage commits gross misconduct, shall immediately and permanently forfeit the right to have deductions from compensation authorized in this section, and may be subject to immediate termination of employment. The commissioner of finance and administration is authorized and required to cease and discontinue deducting membership dues under this section for an organization or association, if the commissioner determines that twenty-five percent (25%) or more of the members of the organization or association in a single work location or facility have engaged in a work stoppage of any kind after June 19, 1981. If the organization or association has members at more than one (1) work location or facility, upon the determination that the members of an organization have engaged in a work stoppage, the commissioner shall cancel and revoke the deduction of membership dues for the members of the organization employed at the work location or facility where the work stoppage has occurred. (2) For the purposes of this subsection (b), a work stoppage includes the failure to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, for the purpose of inducing, influencing or for the purpose of coercing a change in conditions, compensation, rights, privileges or obligations of employment, or of intimidating, coercing or unlawfully influencing others from remaining in or from assuming public employment. (3) Any employee or other person who procures or attempts to procure, or causes or induces any other person to procure or attempt to procure, an automatic deduction authorization form provided for in this section by fraud, misstatement of material fact, misrepresentation of the authenticity of a signature, or in knowing and willful violation of this section, commits gross misconduct. Any such automatic deduction authorization form shall be void and shall be of no effect. (c) The following procedures, in addition to the procedures promulgated by the department of finance and administration pursuant to subsection (f), shall govern when an employee authorizes a deduction from compensation for the payment of membership dues to be paid over to an employee association: (1) To authorize the deduction for the payment of membership dues, an employee shall complete an authorization form which contains the employee's signature and the following information: (A) Employee's name; (B) Employee's social security number; (C) State agency of employment; (D) Facility or location of employment; and (E) The following statement: "I, the undersigned, understand that this authorization is to become effective immediately. I understand that I may revoke this authorization by written notification at any time. Any deductions made from my compensation within thirty (30) days of the effective date of this authorization shall be refunded by the association if revocation is made within such thirty (30) day period. I also understand that the amount of the membership dues deduction may increase or decrease if the association approves an increase or decrease of dues in accordance with its bylaws and rules of procedure. Upon notification to me by the association of an increase or decrease in dues, I understand that I will again have an opportunity to revoke this authorization and receive a refund equal to one (1) month's dues if revocation is made within a thirty (30) day period from the date of notification."; (2) The deductions for the payment of membership dues from compensation authorized pursuant to this section shall be made from the compensation of an employee on the first payday of each month, and shall be paid over to the employee association within forty-eight (48) hours after such payday. If a state agency has a single monthly payday, such deduction shall be paid over to the employee association within forty-eight (48) hours of such payday; (3) Any employee who authorizes deductions for the payment of membership dues as provided in this section may, at any time, revoke the authorization for payroll deduction. If revocation of such authorization is made within thirty (30) days of the initial authorization by an employee, any such deductions made and paid over to the employee association shall be refunded to the employee by such association upon receipt of written notice of revocation from the employee; (4) Upon receipt of certification by an employee association that such association has approved an increase or decrease of dues in accordance with its bylaws and rules of procedure, the commissioner of finance and administration or the appropriate chief fiscal officer shall have the new amount of such dues deducted from the compensation of employees who have completed an authorization form for membership dues deduction. The certified increase or decrease shall be effective on the first payroll occurring at least thirty (30) days after the receipt of such certification by the commissioner or the appropriate chief fiscal officer; (5) Forms which authorize such deductions for the payment of membership dues shall not be larger than eight and one-half inches (8½") by eleven inches (11") nor smaller than three inches (3") by five inches (5"); (6) It is the responsibility of the employee association to prepare and deliver such forms to the payroll officers of the various state agencies; (7) The commissioner or the appropriate chief fiscal officer shall provide to an employee association a complete listing of all employees who have authorized deductions pursuant to this section. The information compiled under this subsection (c) shall not be used by the commissioner or respective chief fiscal officer for any other purpose except that described herein. (d) Retired employees of the state of Tennessee may, in writing, authorize deductions to be made from their retirement allowance to be paid to any employee association qualified under subsection (a). No such retired employee shall be considered in determining the total number of state employees in the executive branch or in determining the membership in an employee association for the purposes of subdivision (a)(2). (e) Any automatic deduction authorization form for the payment of membership dues filed with the various state agencies prior to May 24, 1984, which has not been revoked by the employee, shall be considered a valid authorization form for the purposes of this section, and the automatic payroll deduction from such employee's compensation shall be continued or shall resume immediately if such deductions have been stopped for reasons other than the employee's revocation. (f) The procedures governing the payroll deduction of membership dues pursuant to this section shall be in accordance with regulations promulgated by the commissioner in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The procedures governing payroll deductions for the payment of membership dues in effect on June 1, 1983, shall be deemed fully and duly promulgated, except to the extent they conflict with this section, and shall remain in full force and effect unless altered or amended by the general assembly or the commissioner. (g) If an employee association receiving membership dues by payroll deduction becomes joined or affiliated through merger or otherwise with another employee or labor organization, any member of the employee association may revoke such member's automatic deduction authorization form immediately or at any other time of such member's choosing by notifying the department of finance and administration or the appropriate chief fiscal officer that such member wishes to revoke such member's authorization. Amended by 2019 Tenn. Acts, ch. 176, s 1, eff. 7/1/2019. Amended by 2015 Tenn. Acts, ch. 314, s 1, eff. 7/1/2015. Acts 1980, ch. 792, §§ 1, 2; 1981, ch. 524, §§ 1-5; 1984, ch. 795, §§ 1-6; 1987, ch. 167, § 1; 1988, ch. 799, §§ 1, 2; 1989, ch. 344, § 1; 1991, ch. 59, § 1; 1993, ch. 517, § 1.
(a) (1) As used in this section, unless the context otherwise requires: (A) "Employee" means an officer or employee who is a regularly employed, full-time employee of the executive branch of state government; (B) "Employee association" means any association of employees complying with subdivision (a)(2), except when otherwise noted herein; and (C) "State agency" means any department, commission, board, office or other agency of the executive, legislative or judicial branch of state government. (2) Any employee of a state agency may authorize deductions for the payment of membership dues and benefit premiums to be made from the employee's compensation for payment to an employee association, if such employee association meets all of the following criteria: (A) It grants membership to any employee who applies for membership without regard to such employee's job classification, state agency or location; (B) It grants the same rights and privileges of membership to all its members; (C) It provides equal services to its members without regard to the job classification, state agency or location of employment within the state of a member; (D) It has a membership of not less than twenty percent (20%) of the employees of state agencies in the executive, legislative or judicial branch; (E) It has as one (1) of its objectives the promotion of an efficient and effective work force for state government in Tennessee, and if affiliated in any manner with another organization, the other organization shall have similar objectives; (F) It is itself a wholly domestic employee organization which is not a part of a multi-state employee organization which controls it or has any right of control; and (G) It is an independent association that will not merge or join with another employee or labor organization without over fifty percent (50%) of its members affirmatively voting to become so merged or joined. (3) Any employee association whose membership consists exclusively of employees of a single correctional institute and which has an agreement for payroll deduction of dues entered into prior to July 1, 1977, may continue or renew such agreement without compliance with the requirements established in the criteria in subdivision (a)(2). (4) Any employee association seeking to qualify under subdivision (a)(2) shall file an initial statement showing the actual number of employees who are members with the commissioner of finance and administration. The commissioner may request an employee association to file an annual certification that it complies with all the requirements of this section. Decisions by the department of finance and administration with regard to an employee association's ineligibility to receive automatic payroll deductions shall not be final until audited and approved by the comptroller of the treasury. (5) (A) Any professional education association whose active membership consists of at least twenty percent (20%) of the total combined faculty as active members may make an agreement for payroll deduction of dues without compliance with the criteria in subdivision (a)(2), if such association has as a purpose and goal the elevation of the professional status and socio-economic welfare of the members of the teaching profession, or facilitation of cooperation among teachers and research scholars for the promotion of higher education and research. Such agreements shall be applicable to the teachers and faculty on the campuses and institutions of the University of Tennessee and the state university and community college system. Such professional education associations must have existed for more than fifty (50) years and have a total of five (5) or more chapters or affiliates on the campuses and institutions of the University of Tennessee and the state university and community college system. (B) The provision of subdivision (a)(5)(A) requiring a professional education organization to maintain at least twenty percent (20%) of the total combined faculty as active members in order to qualify for deduction of dues shall not apply to any professional association which has had and has exercised the privilege of deduction of dues for at least four (4) years prior to May 31, 1993. (6) Any professional education association whose active membership consists of education employees may make an agreement for payroll deduction of dues at state special schools if such a professional education association meets all of the following criteria: (A) It solicits membership from all certificated employees; (B) It grants the same rights and privileges of membership to all its active members; (C) It provides equal services to its active members; (D) It has a membership of not less than forty percent (40%) of the currently employed certificated employees at each of the state special schools as of July 1, 1991, and can offer proof of continued membership each fiscal year; and (E) It has as one (1) of its objectives the promotion of education and the elevation of the professional status of the members of the teaching profession. (7) (A) Any member of the Tennessee highway patrol may authorize payroll deductions for the payment of membership dues to be made from the member's compensation for payment to an organization of members of the Tennessee highway patrol, if such organization meets the following criteria: (i) It solicits membership from all commissioned members of the Tennessee highway patrol; (ii) It grants the same rights and privileges of membership to all its members; (iii) It provides equal services to its members; and (iv) It has a membership of not less than twenty percent (20%) of the currently employed commissioned members of the Tennessee highway patrol. (B) Any organization that meets the criteria in subdivisions (a)(7)(A)(i)-(iv) and that seeks to accept the payment of membership dues through payroll deductions shall file with the commissioner of finance and administration an initial statement that states the actual number of employees who are commissioned members of the Tennessee highway patrol. The commissioner may request an organization to file an annual certification that it complies with all the requirements of this subdivision (a)(7). Decisions by the department of finance and administration with regard to an organization's ineligibility to receive automatic payroll deductions shall not be final until audited and approved by the comptroller of the treasury. (8) (A) Any wildlife resource officer of the Tennessee wildlife resources agency (TWRA) may authorize payroll deductions for the payment of membership dues to be made from the officer's compensation for payment to an officers association of the TWRA, if: (i) The officers association solicits membership from all wildlife resource officers of the TWRA; (ii) The officers association grants the same rights and privileges of membership to all of its members; (iii) The officers association provides equal services to its members; (iv) The officers association has a membership of at least twenty percent (20%) of the currently employed wildlife resource officers of the TWRA; and (v) The dues will not be used for political activities. For purposes of this subdivision (a)(8)(A)(v), "political activities" means electoral activities, independent expenditures, or expenditures made to any candidate, political party, or political action committee. (B) An association that meets the criteria in subdivisions (a)(8)(A)(i)-(v) and that seeks to accept the payment of membership dues through payroll deductions must file with the commissioner of finance and administration a statement that includes the specific number of wildlife officers employed by the TWRA who are members of the association. The commissioner may request the association to certify that it complies with the requirements of this subdivision (a)(8)(B). The department of finance and administration shall not make a final decision regarding an association's eligibility to receive automatic payroll deductions until the association is audited and approved by the comptroller of the treasury to accept the payment of membership dues under this subdivision (a)(8).
(1) As used in this section, unless the context otherwise requires: (A) "Employee" means an officer or employee who is a regularly employed, full-time employee of the executive branch of state government; (B) "Employee association" means any association of employees complying with subdivision (a)(2), except when otherwise noted herein; and (C) "State agency" means any department, commission, board, office or other agency of the executive, legislative or judicial branch of state government.
(A) "Employee" means an officer or employee who is a regularly employed, full-time employee of the executive branch of state government;
(B) "Employee association" means any association of employees complying with subdivision (a)(2), except when otherwise noted herein; and
(C) "State agency" means any department, commission, board, office or other agency of the executive, legislative or judicial branch of state government.
(2) Any employee of a state agency may authorize deductions for the payment of membership dues and benefit premiums to be made from the employee's compensation for payment to an employee association, if such employee association meets all of the following criteria: (A) It grants membership to any employee who applies for membership without regard to such employee's job classification, state agency or location; (B) It grants the same rights and privileges of membership to all its members; (C) It provides equal services to its members without regard to the job classification, state agency or location of employment within the state of a member; (D) It has a membership of not less than twenty percent (20%) of the employees of state agencies in the executive, legislative or judicial branch; (E) It has as one (1) of its objectives the promotion of an efficient and effective work force for state government in Tennessee, and if affiliated in any manner with another organization, the other organization shall have similar objectives; (F) It is itself a wholly domestic employee organization which is not a part of a multi-state employee organization which controls it or has any right of control; and (G) It is an independent association that will not merge or join with another employee or labor organization without over fifty percent (50%) of its members affirmatively voting to become so merged or joined.
(A) It grants membership to any employee who applies for membership without regard to such employee's job classification, state agency or location;
(B) It grants the same rights and privileges of membership to all its members;
(C) It provides equal services to its members without regard to the job classification, state agency or location of employment within the state of a member;
(D) It has a membership of not less than twenty percent (20%) of the employees of state agencies in the executive, legislative or judicial branch;
(E) It has as one (1) of its objectives the promotion of an efficient and effective work force for state government in Tennessee, and if affiliated in any manner with another organization, the other organization shall have similar objectives;
(F) It is itself a wholly domestic employee organization which is not a part of a multi-state employee organization which controls it or has any right of control; and
(G) It is an independent association that will not merge or join with another employee or labor organization without over fifty percent (50%) of its members affirmatively voting to become so merged or joined.
(3) Any employee association whose membership consists exclusively of employees of a single correctional institute and which has an agreement for payroll deduction of dues entered into prior to July 1, 1977, may continue or renew such agreement without compliance with the requirements established in the criteria in subdivision (a)(2).
(4) Any employee association seeking to qualify under subdivision (a)(2) shall file an initial statement showing the actual number of employees who are members with the commissioner of finance and administration. The commissioner may request an employee association to file an annual certification that it complies with all the requirements of this section. Decisions by the department of finance and administration with regard to an employee association's ineligibility to receive automatic payroll deductions shall not be final until audited and approved by the comptroller of the treasury.
(5) (A) Any professional education association whose active membership consists of at least twenty percent (20%) of the total combined faculty as active members may make an agreement for payroll deduction of dues without compliance with the criteria in subdivision (a)(2), if such association has as a purpose and goal the elevation of the professional status and socio-economic welfare of the members of the teaching profession, or facilitation of cooperation among teachers and research scholars for the promotion of higher education and research. Such agreements shall be applicable to the teachers and faculty on the campuses and institutions of the University of Tennessee and the state university and community college system. Such professional education associations must have existed for more than fifty (50) years and have a total of five (5) or more chapters or affiliates on the campuses and institutions of the University of Tennessee and the state university and community college system. (B) The provision of subdivision (a)(5)(A) requiring a professional education organization to maintain at least twenty percent (20%) of the total combined faculty as active members in order to qualify for deduction of dues shall not apply to any professional association which has had and has exercised the privilege of deduction of dues for at least four (4) years prior to May 31, 1993.
(A) Any professional education association whose active membership consists of at least twenty percent (20%) of the total combined faculty as active members may make an agreement for payroll deduction of dues without compliance with the criteria in subdivision (a)(2), if such association has as a purpose and goal the elevation of the professional status and socio-economic welfare of the members of the teaching profession, or facilitation of cooperation among teachers and research scholars for the promotion of higher education and research. Such agreements shall be applicable to the teachers and faculty on the campuses and institutions of the University of Tennessee and the state university and community college system. Such professional education associations must have existed for more than fifty (50) years and have a total of five (5) or more chapters or affiliates on the campuses and institutions of the University of Tennessee and the state university and community college system.
(B) The provision of subdivision (a)(5)(A) requiring a professional education organization to maintain at least twenty percent (20%) of the total combined faculty as active members in order to qualify for deduction of dues shall not apply to any professional association which has had and has exercised the privilege of deduction of dues for at least four (4) years prior to May 31, 1993.
(6) Any professional education association whose active membership consists of education employees may make an agreement for payroll deduction of dues at state special schools if such a professional education association meets all of the following criteria: (A) It solicits membership from all certificated employees; (B) It grants the same rights and privileges of membership to all its active members; (C) It provides equal services to its active members; (D) It has a membership of not less than forty percent (40%) of the currently employed certificated employees at each of the state special schools as of July 1, 1991, and can offer proof of continued membership each fiscal year; and (E) It has as one (1) of its objectives the promotion of education and the elevation of the professional status of the members of the teaching profession.
(A) It solicits membership from all certificated employees;
(B) It grants the same rights and privileges of membership to all its active members;
(C) It provides equal services to its active members;
(D) It has a membership of not less than forty percent (40%) of the currently employed certificated employees at each of the state special schools as of July 1, 1991, and can offer proof of continued membership each fiscal year; and
(E) It has as one (1) of its objectives the promotion of education and the elevation of the professional status of the members of the teaching profession.
(7) (A) Any member of the Tennessee highway patrol may authorize payroll deductions for the payment of membership dues to be made from the member's compensation for payment to an organization of members of the Tennessee highway patrol, if such organization meets the following criteria: (i) It solicits membership from all commissioned members of the Tennessee highway patrol; (ii) It grants the same rights and privileges of membership to all its members; (iii) It provides equal services to its members; and (iv) It has a membership of not less than twenty percent (20%) of the currently employed commissioned members of the Tennessee highway patrol. (B) Any organization that meets the criteria in subdivisions (a)(7)(A)(i)-(iv) and that seeks to accept the payment of membership dues through payroll deductions shall file with the commissioner of finance and administration an initial statement that states the actual number of employees who are commissioned members of the Tennessee highway patrol. The commissioner may request an organization to file an annual certification that it complies with all the requirements of this subdivision (a)(7). Decisions by the department of finance and administration with regard to an organization's ineligibility to receive automatic payroll deductions shall not be final until audited and approved by the comptroller of the treasury.
(A) Any member of the Tennessee highway patrol may authorize payroll deductions for the payment of membership dues to be made from the member's compensation for payment to an organization of members of the Tennessee highway patrol, if such organization meets the following criteria: (i) It solicits membership from all commissioned members of the Tennessee highway patrol; (ii) It grants the same rights and privileges of membership to all its members; (iii) It provides equal services to its members; and (iv) It has a membership of not less than twenty percent (20%) of the currently employed commissioned members of the Tennessee highway patrol.
(i) It solicits membership from all commissioned members of the Tennessee highway patrol;
(ii) It grants the same rights and privileges of membership to all its members;
(iii) It provides equal services to its members; and
(iv) It has a membership of not less than twenty percent (20%) of the currently employed commissioned members of the Tennessee highway patrol.
(B) Any organization that meets the criteria in subdivisions (a)(7)(A)(i)-(iv) and that seeks to accept the payment of membership dues through payroll deductions shall file with the commissioner of finance and administration an initial statement that states the actual number of employees who are commissioned members of the Tennessee highway patrol. The commissioner may request an organization to file an annual certification that it complies with all the requirements of this subdivision (a)(7). Decisions by the department of finance and administration with regard to an organization's ineligibility to receive automatic payroll deductions shall not be final until audited and approved by the comptroller of the treasury.
(8) (A) Any wildlife resource officer of the Tennessee wildlife resources agency (TWRA) may authorize payroll deductions for the payment of membership dues to be made from the officer's compensation for payment to an officers association of the TWRA, if: (i) The officers association solicits membership from all wildlife resource officers of the TWRA; (ii) The officers association grants the same rights and privileges of membership to all of its members; (iii) The officers association provides equal services to its members; (iv) The officers association has a membership of at least twenty percent (20%) of the currently employed wildlife resource officers of the TWRA; and (v) The dues will not be used for political activities. For purposes of this subdivision (a)(8)(A)(v), "political activities" means electoral activities, independent expenditures, or expenditures made to any candidate, political party, or political action committee. (B) An association that meets the criteria in subdivisions (a)(8)(A)(i)-(v) and that seeks to accept the payment of membership dues through payroll deductions must file with the commissioner of finance and administration a statement that includes the specific number of wildlife officers employed by the TWRA who are members of the association. The commissioner may request the association to certify that it complies with the requirements of this subdivision (a)(8)(B). The department of finance and administration shall not make a final decision regarding an association's eligibility to receive automatic payroll deductions until the association is audited and approved by the comptroller of the treasury to accept the payment of membership dues under this subdivision (a)(8).
(A) Any wildlife resource officer of the Tennessee wildlife resources agency (TWRA) may authorize payroll deductions for the payment of membership dues to be made from the officer's compensation for payment to an officers association of the TWRA, if: (i) The officers association solicits membership from all wildlife resource officers of the TWRA; (ii) The officers association grants the same rights and privileges of membership to all of its members; (iii) The officers association provides equal services to its members; (iv) The officers association has a membership of at least twenty percent (20%) of the currently employed wildlife resource officers of the TWRA; and (v) The dues will not be used for political activities. For purposes of this subdivision (a)(8)(A)(v), "political activities" means electoral activities, independent expenditures, or expenditures made to any candidate, political party, or political action committee.
(i) The officers association solicits membership from all wildlife resource officers of the TWRA;
(ii) The officers association grants the same rights and privileges of membership to all of its members;
(iii) The officers association provides equal services to its members;
(iv) The officers association has a membership of at least twenty percent (20%) of the currently employed wildlife resource officers of the TWRA; and
(v) The dues will not be used for political activities. For purposes of this subdivision (a)(8)(A)(v), "political activities" means electoral activities, independent expenditures, or expenditures made to any candidate, political party, or political action committee.
(B) An association that meets the criteria in subdivisions (a)(8)(A)(i)-(v) and that seeks to accept the payment of membership dues through payroll deductions must file with the commissioner of finance and administration a statement that includes the specific number of wildlife officers employed by the TWRA who are members of the association. The commissioner may request the association to certify that it complies with the requirements of this subdivision (a)(8)(B). The department of finance and administration shall not make a final decision regarding an association's eligibility to receive automatic payroll deductions until the association is audited and approved by the comptroller of the treasury to accept the payment of membership dues under this subdivision (a)(8).
(b) (1) Any employee of the state of Tennessee who engages or participates in a work stoppage or who authorizes or encourages a work stoppage commits gross misconduct, shall immediately and permanently forfeit the right to have deductions from compensation authorized in this section, and may be subject to immediate termination of employment. The commissioner of finance and administration is authorized and required to cease and discontinue deducting membership dues under this section for an organization or association, if the commissioner determines that twenty-five percent (25%) or more of the members of the organization or association in a single work location or facility have engaged in a work stoppage of any kind after June 19, 1981. If the organization or association has members at more than one (1) work location or facility, upon the determination that the members of an organization have engaged in a work stoppage, the commissioner shall cancel and revoke the deduction of membership dues for the members of the organization employed at the work location or facility where the work stoppage has occurred. (2) For the purposes of this subsection (b), a work stoppage includes the failure to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, for the purpose of inducing, influencing or for the purpose of coercing a change in conditions, compensation, rights, privileges or obligations of employment, or of intimidating, coercing or unlawfully influencing others from remaining in or from assuming public employment. (3) Any employee or other person who procures or attempts to procure, or causes or induces any other person to procure or attempt to procure, an automatic deduction authorization form provided for in this section by fraud, misstatement of material fact, misrepresentation of the authenticity of a signature, or in knowing and willful violation of this section, commits gross misconduct. Any such automatic deduction authorization form shall be void and shall be of no effect.
(1) Any employee of the state of Tennessee who engages or participates in a work stoppage or who authorizes or encourages a work stoppage commits gross misconduct, shall immediately and permanently forfeit the right to have deductions from compensation authorized in this section, and may be subject to immediate termination of employment. The commissioner of finance and administration is authorized and required to cease and discontinue deducting membership dues under this section for an organization or association, if the commissioner determines that twenty-five percent (25%) or more of the members of the organization or association in a single work location or facility have engaged in a work stoppage of any kind after June 19, 1981. If the organization or association has members at more than one (1) work location or facility, upon the determination that the members of an organization have engaged in a work stoppage, the commissioner shall cancel and revoke the deduction of membership dues for the members of the organization employed at the work location or facility where the work stoppage has occurred.
(2) For the purposes of this subsection (b), a work stoppage includes the failure to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, for the purpose of inducing, influencing or for the purpose of coercing a change in conditions, compensation, rights, privileges or obligations of employment, or of intimidating, coercing or unlawfully influencing others from remaining in or from assuming public employment.
(3) Any employee or other person who procures or attempts to procure, or causes or induces any other person to procure or attempt to procure, an automatic deduction authorization form provided for in this section by fraud, misstatement of material fact, misrepresentation of the authenticity of a signature, or in knowing and willful violation of this section, commits gross misconduct. Any such automatic deduction authorization form shall be void and shall be of no effect.
(c) The following procedures, in addition to the procedures promulgated by the department of finance and administration pursuant to subsection (f), shall govern when an employee authorizes a deduction from compensation for the payment of membership dues to be paid over to an employee association: (1) To authorize the deduction for the payment of membership dues, an employee shall complete an authorization form which contains the employee's signature and the following information: (A) Employee's name; (B) Employee's social security number; (C) State agency of employment; (D) Facility or location of employment; and (E) The following statement: "I, the undersigned, understand that this authorization is to become effective immediately. I understand that I may revoke this authorization by written notification at any time. Any deductions made from my compensation within thirty (30) days of the effective date of this authorization shall be refunded by the association if revocation is made within such thirty (30) day period. I also understand that the amount of the membership dues deduction may increase or decrease if the association approves an increase or decrease of dues in accordance with its bylaws and rules of procedure. Upon notification to me by the association of an increase or decrease in dues, I understand that I will again have an opportunity to revoke this authorization and receive a refund equal to one (1) month's dues if revocation is made within a thirty (30) day period from the date of notification."; (2) The deductions for the payment of membership dues from compensation authorized pursuant to this section shall be made from the compensation of an employee on the first payday of each month, and shall be paid over to the employee association within forty-eight (48) hours after such payday. If a state agency has a single monthly payday, such deduction shall be paid over to the employee association within forty-eight (48) hours of such payday; (3) Any employee who authorizes deductions for the payment of membership dues as provided in this section may, at any time, revoke the authorization for payroll deduction. If revocation of such authorization is made within thirty (30) days of the initial authorization by an employee, any such deductions made and paid over to the employee association shall be refunded to the employee by such association upon receipt of written notice of revocation from the employee; (4) Upon receipt of certification by an employee association that such association has approved an increase or decrease of dues in accordance with its bylaws and rules of procedure, the commissioner of finance and administration or the appropriate chief fiscal officer shall have the new amount of such dues deducted from the compensation of employees who have completed an authorization form for membership dues deduction. The certified increase or decrease shall be effective on the first payroll occurring at least thirty (30) days after the receipt of such certification by the commissioner or the appropriate chief fiscal officer; (5) Forms which authorize such deductions for the payment of membership dues shall not be larger than eight and one-half inches (8½") by eleven inches (11") nor smaller than three inches (3") by five inches (5"); (6) It is the responsibility of the employee association to prepare and deliver such forms to the payroll officers of the various state agencies; (7) The commissioner or the appropriate chief fiscal officer shall provide to an employee association a complete listing of all employees who have authorized deductions pursuant to this section. The information compiled under this subsection (c) shall not be used by the commissioner or respective chief fiscal officer for any other purpose except that described herein.
(1) To authorize the deduction for the payment of membership dues, an employee shall complete an authorization form which contains the employee's signature and the following information: (A) Employee's name; (B) Employee's social security number; (C) State agency of employment; (D) Facility or location of employment; and (E) The following statement: "I, the undersigned, understand that this authorization is to become effective immediately. I understand that I may revoke this authorization by written notification at any time. Any deductions made from my compensation within thirty (30) days of the effective date of this authorization shall be refunded by the association if revocation is made within such thirty (30) day period. I also understand that the amount of the membership dues deduction may increase or decrease if the association approves an increase or decrease of dues in accordance with its bylaws and rules of procedure. Upon notification to me by the association of an increase or decrease in dues, I understand that I will again have an opportunity to revoke this authorization and receive a refund equal to one (1) month's dues if revocation is made within a thirty (30) day period from the date of notification.";
(A) Employee's name;
(B) Employee's social security number;
(C) State agency of employment;
(D) Facility or location of employment; and
(E) The following statement: "I, the undersigned, understand that this authorization is to become effective immediately. I understand that I may revoke this authorization by written notification at any time. Any deductions made from my compensation within thirty (30) days of the effective date of this authorization shall be refunded by the association if revocation is made within such thirty (30) day period. I also understand that the amount of the membership dues deduction may increase or decrease if the association approves an increase or decrease of dues in accordance with its bylaws and rules of procedure. Upon notification to me by the association of an increase or decrease in dues, I understand that I will again have an opportunity to revoke this authorization and receive a refund equal to one (1) month's dues if revocation is made within a thirty (30) day period from the date of notification.";
"I, the undersigned, understand that this authorization is to become effective immediately. I understand that I may revoke this authorization by written notification at any time. Any deductions made from my compensation within thirty (30) days of the effective date of this authorization shall be refunded by the association if revocation is made within such thirty (30) day period. I also understand that the amount of the membership dues deduction may increase or decrease if the association approves an increase or decrease of dues in accordance with its bylaws and rules of procedure. Upon notification to me by the association of an increase or decrease in dues, I understand that I will again have an opportunity to revoke this authorization and receive a refund equal to one (1) month's dues if revocation is made within a thirty (30) day period from the date of notification.";
(2) The deductions for the payment of membership dues from compensation authorized pursuant to this section shall be made from the compensation of an employee on the first payday of each month, and shall be paid over to the employee association within forty-eight (48) hours after such payday. If a state agency has a single monthly payday, such deduction shall be paid over to the employee association within forty-eight (48) hours of such payday;
(3) Any employee who authorizes deductions for the payment of membership dues as provided in this section may, at any time, revoke the authorization for payroll deduction. If revocation of such authorization is made within thirty (30) days of the initial authorization by an employee, any such deductions made and paid over to the employee association shall be refunded to the employee by such association upon receipt of written notice of revocation from the employee;
(4) Upon receipt of certification by an employee association that such association has approved an increase or decrease of dues in accordance with its bylaws and rules of procedure, the commissioner of finance and administration or the appropriate chief fiscal officer shall have the new amount of such dues deducted from the compensation of employees who have completed an authorization form for membership dues deduction. The certified increase or decrease shall be effective on the first payroll occurring at least thirty (30) days after the receipt of such certification by the commissioner or the appropriate chief fiscal officer;
(5) Forms which authorize such deductions for the payment of membership dues shall not be larger than eight and one-half inches (8½") by eleven inches (11") nor smaller than three inches (3") by five inches (5");
(6) It is the responsibility of the employee association to prepare and deliver such forms to the payroll officers of the various state agencies;
(7) The commissioner or the appropriate chief fiscal officer shall provide to an employee association a complete listing of all employees who have authorized deductions pursuant to this section. The information compiled under this subsection (c) shall not be used by the commissioner or respective chief fiscal officer for any other purpose except that described herein.
(d) Retired employees of the state of Tennessee may, in writing, authorize deductions to be made from their retirement allowance to be paid to any employee association qualified under subsection (a). No such retired employee shall be considered in determining the total number of state employees in the executive branch or in determining the membership in an employee association for the purposes of subdivision (a)(2).
(e) Any automatic deduction authorization form for the payment of membership dues filed with the various state agencies prior to May 24, 1984, which has not been revoked by the employee, shall be considered a valid authorization form for the purposes of this section, and the automatic payroll deduction from such employee's compensation shall be continued or shall resume immediately if such deductions have been stopped for reasons other than the employee's revocation.
(f) The procedures governing the payroll deduction of membership dues pursuant to this section shall be in accordance with regulations promulgated by the commissioner in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The procedures governing payroll deductions for the payment of membership dues in effect on June 1, 1983, shall be deemed fully and duly promulgated, except to the extent they conflict with this section, and shall remain in full force and effect unless altered or amended by the general assembly or the commissioner.
(g) If an employee association receiving membership dues by payroll deduction becomes joined or affiliated through merger or otherwise with another employee or labor organization, any member of the employee association may revoke such member's automatic deduction authorization form immediately or at any other time of such member's choosing by notifying the department of finance and administration or the appropriate chief fiscal officer that such member wishes to revoke such member's authorization.
Amended by 2019 Tenn. Acts, ch. 176, s 1, eff. 7/1/2019.
Amended by 2015 Tenn. Acts, ch. 314, s 1, eff. 7/1/2015.
Acts 1980, ch. 792, §§ 1, 2; 1981, ch. 524, §§ 1-5; 1984, ch. 795, §§ 1-6; 1987, ch. 167, § 1; 1988, ch. 799, §§ 1, 2; 1989, ch. 344, § 1; 1991, ch. 59, § 1; 1993, ch. 517, § 1.